Some Members of Parliament (MPs) have suggested that the protracted issue of Genocide fugitives who have not yet been brought to justice should be addressed through cooperation such as Commonwealth legal agreements.
They made the suggestion on Friday, March 19, 2021 as the Commonwealth Parliamentary Association (CPA) Rwanda Branch virtually celebrated Commonwealth Day 2021 because of Covid-19 pandemic.
The Commonwealth is a voluntary association counting 54 member countries spanning Africa, Asia, the Americas, Europe, and the Pacific. It is home to 2.4 billion people.
Last week, on March 12, Jean-Bosco Siboyintore, the head of Genocide Fugitives Tracking Unit (GFTU) told MPs that it has issued 1,146 indictments and arrest warrants in 33 countries against fugitives of the 1994 genocide against Tutsi.
Siboyintore was making a presentation during the training of Rwandan parliamentarians on the convention on the Prevention and Punishment of the Crime of Genocide.
He expressed concern that an estimated 1,100 Genocide fugitives have not yet been brought to justice – neither extradited to Rwanda nor in those countries.
During the Commonwealth celebration event, MP Mwansa Mbulakulima from the National Assembly of Zambia (CPA Zambia Chapter) delivered a presentation entitled "adding global value focusing on the Commonwealth’s strength in international politics to influence and eventually effect change on important global issues."
Senator John Bonds Bideri, Chairperson of the Senatorial Committee on Foreign Affairs, Cooperation and Security voiced concern that there are Genocide perpetrators who are roaming in the whole world, many of them in Africa including Rwanda’s neighbouring countries.
Through the Harare Scheme and London Scheme, he said, countries which are members of the Commonwealth committed themselves to effectively cooperate and assist each other in terms of bringing before justice people who have committed crimes in those countries.
"How can Parliament actually play a role in ensuring that these perpetrators of [Genocide] crimes can be brought to book,” he asked the presenter (Mbulakulima), adding that some of the genocide fugitives are enjoying rights that they are not entitled to.
"They should not continue enjoying the rights which they are not entitled to… I want to know your view from the perspective of the Commonwealth which signed these agreements, what can be done so that such people are brought to justice,” he said.
The London Scheme for Extradition within the Commonwealth provides for the extradition of a person from the Commonwealth country, in which the person is found, to another Commonwealth country, in which the person is accused of an offence.
The Scheme Relating to Mutual Legal Assistance in Criminal Matters within the Commonwealth, which is known as the Harare Scheme provides for the giving of assistance by the competent authorities of one country (the requested country) in respect of criminal matters arising in another country (the requesting country).
MP John Ruku-Rwabyoma suggested that the issue of Genocide fugitives roaming in African capitals should be addressed such as through cooperation.
"If we are to work together as parliaments with shared values and vision, let us work together on that [genocide fugitives issue] as well,” he said.
Siboyintore said last week that the London Scheme for Extradition (within the Commonwealth can facilitate the extradition of Genocide fugitives as it can allow Rwanda to reach an agreement with the other 53 member states of the Commonwealth in this regard.
"When you have signed it (the London Scheme) as a member country, it implies that all the 54 member states of the Commonwealth are parties to the treaty. This is an area that we can explore so that instead of signing a bilateral treaty with every country,” he said.
Commenting on the issue, MP Mwansa Mbulakulima (from Zambia) said that most of the countries have not yet domesticated the legislation against punishing genocide crimes, which is a challenge for the extradition process. This issue, he said, is coupled with the 'demands for promotion of human rights'.
"Most of those individuals have run to the UN to complain, or other organisations that listen to them. And yet, they committed atrocities,” he said, calling for the domestication of the [anti-genocide] legislation.
While observing the Commonwealth Day 2021, CPA Rwanda Branch held an interactive seminar aimed to promote knowledge of the constitutional, legislative, economic, social and cultural aspects of parliamentary democracy.
The Day was celebrated under the theme "Delivering a Common Future: Connecting, Innovating and Transforming." This theme is in unity with the theme for the Commonwealth Heads of Government Meeting (CHOGM) 2021 which will be held in Rwanda in June.
Speaker Donatille Mukabalisa called for parliamentarians to capitalise on CHOGM 2021 to be held in Kigali and play their role by voicing their views and contributions in addressing the challenges that the Commonwealth nations and the world, in general, are facing.