Special Report9 August 2001 | Special Report No. 73 U.S. Human Rights Policy toward AfricaSummary
RwandaBackgroundThe U.S. government's unwillingness to thwart the 1994 genocide in Rwanda presents one of the greatest foreign policy failures in U.S. history, obscuring other failures and successes of policy toward Rwanda before and after the genocide. Historically, Rwanda has been considered unimportant to U.S. policymakers, as it has been perceived as a nation with no natural resources or economic base (the United States had no investment in the country). Fostering economic development was the primary focus for U.S. policymakers during the Cold War. According to Alison Des Forges, Rwanda was regarded as an ally, and the strategy was to keep it as such by disbursing small aid packages. There was also a perception that with economic development, the other problems, including ethnic tensions that wracked the country, might be resolved. The international community was generally satisfied with the stability of the government of Juvenal Habyarimana (who assumed power in a coup in 1973), and so overlooked the systematic discrimination against the Tutsi minority throughout his tenure. After the Cold War ended, the U.S. government more vigorously promoted a democratic system of government and the development of a robust civil society. It also promoted training for personnel of the National Assembly, study tours to the United States for leaders of new political parties, seminars for journalists, and support for human rights and women's organizations. At the same time, gross abuses of human rights by government officials in Rwanda were escalating. The U.S. government viewed the ethnically based discrimination and killings as a by-product of the civil war launched in 1990, and attempted to address them in the Arusha Peace Accords of 1993. Even while the United States promoted democratic reform, however, Rwandan authorities committed or fomented egregious human rights abuses including discrimination against and killing of members of the country's Tutsi minority. The U.S. failure to condemn and isolate Habyarimana encouraged an expansion of the killings. Although there were ample warnings of the genocide from January 1994 on, the United States and its allies refused to enlarge and invigorate the UN peacekeeping force in Rwanda, UNAMIR (United Nations Assistance Mission in Rwanda), to protect Tutsi victims and disarm Hutu perpetrators. The diplomatic priority for the United States was to avoid another peacekeeping failure like Somalia. On April 6, 1994, the genocide was launched by the Rwandan army and extremist political parties. Failure in U.S. PolicyThere were many failures in U.S. policy toward Rwanda that contributed to the continued abuse and ultimate genocide. While the United States was not alone in its failure to address the central issue of stopping the killings, it certainly did not distinguish itself in its perceived role as a leader in the international community.
In sum, the U.S. government lacked political will to formulate and implement a serious policy to prevent or halt genocide in Rwanda. Challenges to Policy ImplementationThe Rwandan genocide was a test for U.S. policymakers, and they failed to act commensurately with the enormity of the crisis. It was an extraordinary challenge to which the U.S. government responded with "business as usual." Addressing and meeting immediate challenges are essential in the successful implementation of an effective human rights policy. Political Will. In the pre-genocide phase of the Rwandan crisis, the United States government promoted economic development and democracy programs, but insufficient funding was allocated toward their implementation. Consequently, these programs were not implemented effectively or consistently enough to make a significant difference on the ground in Rwanda. By contrast in the post-genocide period, the U.S. government was one of the biggest supporters of the International Criminal Tribunal for Rwanda, and it has demanded accountability for perpetrators of the killings. The U.S. government has also contributed nearly $20 million to judicial and police systems since the end of the genocide. In addition, it has provided aid and training to Rwandan military courts, contributing to the improved functioning of investigations and prosecutions of abuses. Unfortunately, because of its inadequate response to the genocide, the U.S. government has been reluctant to criticize the Tutsi government that took power once the genocide was over and failed to pressure the regime to end its killing of unarmed Hutu, both in Rwanda and in neighboring Congo. U.S. policy in Rwanda before, during, and after the genocide was not informed by the high cost of inaction. This failure also had a cataclysmic impact on the entire region. The international community's tolerance of the genocidal regime's control of massive refugee camps in neighboring Congo was a key factor in the Rwandan government's invasion of Congo and the outbreak of armed conflict involving a number of African states. Non-State Actors. The media coverage of the genocide, particularly in its early weeks, attributed the violence to civil war or to historic ethnic hatred. Both premises were wrong, and contributed to a sense of futility among the U.S. public and policymakers. A related problem was what is referred to as "compassion fatigue syndrome." By the time Rwanda came along, there was little energy for its problems. For this and other reasons, the NGO (non-governmental organization) community and other actors failed to raise sufficient levels of awareness. Consequently, Congress did not hear from its constituents, and there was little political impetus to take quick and effective action. International Actors. As an international leader and a party to the Geneva Convention, the United States should have been an active participant, not an impediment, in efforts to rouse the United Nations and its agencies to respond vigorously to the genocide and encourage its allies to do the same. While the U.S. government failed to respond to the genocide in Rwanda, so too did other governments, most notably France and Belgium. In addition, the UN system either misinterpreted or ignored the true nature of the genocide, rendering an early intervention unlikely. U.S. human rights policy will increasingly need to rely on broader multilateral efforts in pursuing its objectives. Working with other governments would provide greater credibility and influence in achieving these goals. In addition, working multilaterally could potentially reduce the human and monetary costs of intervention. Lessons LearnedEarly identification of the costs of action or inaction must be made in order to determine how best to implement policy. In the case of Rwanda, despite advanced warning of the disaster that was to occur, the context of Somalia and the speed with which the genocide unfolded undermined the political will for an appropriate response. The period leading up to the genocide was critical in signaling to the perpetrators that mass killings would be tolerated. U.S. officials did not raise issues of accountability with Habyarimana during his visit to Washington in October 1993. (Nor did the United States raise the issue of justice for ethnically based killings in neighboring Burundi at the end of 1993 and in early 1994.) Impunity for slaughter in both these countries sent the signal to Rwandan extremists that they could quite literally get away with murder. On the other hand, before the end of the genocide, the United States acknowledged that holding accountable those responsible for committing the killings was one of the surest ways of stopping the slaughter. Since then, the United States has strongly supported the International Criminal Tribunal for Rwanda (ICTR). The U.S. government acknowledges the gravity of the killings and was the leading force for the creation of the ICTR. The United States has been the ICTR's leading supporter. The United States has also contributed to Rwandan judicial and police systems, although they continue to suffer inadequacies. U.S. policy weaknesses in Rwanda have raised many questions about intervention in a country that holds no immediate economic or strategic priority for the United States, and yet there is a compelling need to end extreme violence. Given the above, recommendations on post-failure responses can be made to improve policy implementation, and may shed light on policies that would help avoid a potential catastrophe in the pre-failure stage.
KenyaBackgroundU.S. foreign policy in Kenya has largely been informed by the comfortable relationship both countries have enjoyed since Kenya's independence in 1963. Throughout the Cold War and immediately after, Kenya was a loyal ally of the United States, and as such was rewarded by large aid packages and substantial military assistance especially during the 1970s and 1980s. Kenya was viewed as the key to regional stability and development, a country with a competent civil service, an adequate judicial system, and sufficient infrastructure. Kenya's central geographic location on the African continent and relative absence of egregious human rights abuses prior to the mid-1980s were both reasons for the United States to encourage a friendly relationship. By the second half of the 1980s, however, the internal situation took a severe turn for the worse under the leadership of President Daniel arap Moi. Moi's corrupt "neo-patrimonial state" was the major cause of Kenya's steady political and economic downward spiral. Human rights violations increased, election irregularities emerged, and local institutions, particularly the civil service, were severely damaged. According to Joel Barkan, despite knowledge about escalating human rights abuses, the U.S. government did not publicly express concern during the Reagan administration. Changing U.S. priorities as a result of the end of the Cold War brought different emphases to policy in Kenya. Support for democratization was the primary U.S. foreign policy objective. It was viewed as the key to human rights protection. Shifts and Inconsistencies in U.S. PolicyU.S. policy in Kenya reflects a clear example of human rights concerns being subordinated to other objectives. Kenya's strategic importance during the Cold War meant that the United States was reluctant to raise concerns about human rights violations. But there were shifts in policy with the end of the Cold War that affected how the United States approached the question of human rights in Kenya.
Challenges to U.S. PolicyU.S. promotion of human rights in Kenya was fitful--alternating between public criticism of abuses and accommodation. U.S. policymakers have irregularly voiced concern for the support for democratization, but there has been much variation in how these concerns have been translated into a coherent human rights policy. This holds true not only in the case of Kenya, but in other countries as well. During the 1980s, the United States's primary interest in Kenya was to keep it as a close ally. This precluded any public dialogue about the protection of human rights or democratization. The series of chiefs of mission in Kenya from 1986 to 1999 also had very different policy priorities, which contributed to the inconsistency in U.S. human rights and democratization policies. In addition, there has been a tension between short-term economic growth and long-term democracy building in Kenya. Short-term macroeconomic successes often worked against long-term political change. The Moi regime remains adept at generating largely cosmetic changes to reinforce its legitimacy, and access to healthy aid packages has impeded the path to political change. Getting the right information and working effectively with opposition groups on the ground and those representing the next generation of political leaders are some of the biggest challenges to effective policy implementation. Lessons LearnedAn effective U.S. human rights policy toward Kenya must be one in which the coherent and consistent articulation of human rights, accountability of abuses, protection of civil society, and the advancement of democracy are pursued. Adherence to a long-term perspective, while meeting short-term goals, is essential in ensuring that human rights will be protected and that democratic institutions take firm root. The United States was and still is the key international actor in Kenya. As such, the United States has a responsibility to take a strong position on human rights and democracy, and encourage its allies to follow suit. In addition, coordinating efforts with like-minded nations strengthens the impact of U.S. efforts toward building a human rights protective regime and bolstering democratic reform globally. Ultimately, while the United States can provide valuable support, both political and financial, to the process of democratization in Kenya, the process is and remains one that is inherently driven by internal events and led by internal actors. South AfricaBackgroundSouth Africa is often perceived by U.S. policy elites as one of the success stories of U.S. foreign policy. The abolition of apartheid, the first democratic election in 1994 of Nelson Mandela to the presidency, the new constitution guaranteeing basic human rights for all of South Africa's people, and the establishment of the Truth and Reconciliation Commission, whose primary purpose is to investigate abuses committed during the apartheid regime, all represent examples of the impact of U.S. human rights policy when implemented effectively. Or do they? U.S. human rights policy in South Africa has been at times controversial, and while much credit is due to many who influenced and implemented this policy, the success of South Africa cannot be attributed to a coherent, well-designed, or well-executed American-crafted policy, but rather to the people of South Africa. According to Pauline Baker, South Africa's success can be attributed to a long struggle among different constituencies, interest groups (both within and outside of South Africa), and U.S. and international government agencies over goals, priorities, and policy. The issue of apartheid touched basic American values, and the ensuing political activism in the United States contributed to a more robust human rights policy. The debate was divisive in the United States, however, and helped to strain the relationship between the Executive and Legislative branches of government. It contributed to partisan wrangling and exacerbated race relations in the United States. Anti-apartheid activity at state and local government levels set a precedent for challenging Executive branch control of foreign policy that continues to this day. Positive effects of U.S. policy toward South Africa include educating the American public, reaffirming the moral tenets of U.S. foreign policy, raising the visibility of Africa, and shifting the foreign policy focus from economics to human rights concerns. Baker cites three sets of goals for U.S. policy in the 1980s:
U.S. policy during the Reagan administration evolved dramatically from constructive engagement (the official policy of offering concrete incentives to Pretoria) to a "hybrid policy" in which both incentives and sanctions were invoked to promote human rights. Thereafter, the passage of the Comprehensive Anti-Apartheid Act (CAAA) in 1986 marked a new phase in U.S.-South Africa relations. This legislation included more aid, sanctions, an opening to black leaders, extensive reporting requirements, and a "roadmap" of conditions that would allow the lifting of sanctions. President Reagan vetoed the CAAA, but the veto was overridden by both houses of Congress, despite the Republican majority in the Senate. According to Baker, this was a tremendous defeat for the administration, and marked the shift that put Congress at the center of the policy process. Successful Aspects of U.S. Human Rights PolicyThe fall of apartheid and transition to democracy were due to a combination of factors that were influenced by U.S. policy, but not solely reliant on them.
Misconceptions about Sanctions PolicyThe successful application of sanctions was one of the most powerful instruments the U.S. government employed to help undermine the apartheid regime. They had an important impact not only on the white South African government, but on the South African population as well. Sanctions and the threat of sanctions were symbolic of the international community's intolerance for discriminatory and frequently brutal behavior of the white South African regime. They were also symbolically important to the liberation movement in South Africa, who then saw the United States more clearly aligned with the black majority. There are a number of misconceptions, however, about the use of sanctions that require clarification.
Lessons LearnedThe South Africa campaign is the single greatest example of a popular, nationwide movement, including support from Republican and Democratic legislators alike, rallying for a human rights policy to override other U.S. policy interests. This was a movement that, over time, completely reversed U.S. policy, shifting from "constructive engagement" and quiet diplomacy to concrete pressure and open criticism of the apartheid government, plus aid to non-violent opposition groups working toward democratization. Coalitions and alliances were formed across sectoral borders and partisan lines, balanced legislation was enacted, and the private sector also became involved in the effort to push for change. Indeed, a year before congressional sanctions were enacted, the private sector sent a strong message of its own when American banks led creditors to call in government loans, a blow to the South African economy, which depended heavily on capital imports. The implementation of U.S. policy toward South Africa, however, did not occur overnight. It evolved over a long period and with heated debate, both in the domestic and international arenas. The case of South Africa has shown that a successful human rights policy must incorporate a package of instruments that is both punitive and rewarding. This is not enough, however, for a human rights strategy to succeed. Other factors must be present to strengthen the likelihood of a successful policy.
Conclusions and RecommendationsU.S. human rights policy in Africa has been mixed in terms of scope, application, and outcome. In the three cases that the Human Rights Implementation Project has examined, the United States has implemented a host of varied policies with differing results. What does this mean for U.S. foreign policy and its impact on human rights in the region? What are some of the key cross-cutting issues that determine effective implementation of human rights policy? Below is a list of policy options that are not only applicable to Africa, but to other regions as well.
About the ReportThe Human Rights Implementation Project of the U.S. Institute of Peace's Research and Studies Program has completed a series of country case studies on Africa. As part of a larger effort to examine U.S. foreign policy and its impact on human rights around the world, the project has critically examined the efficacy of policy to promote human rights in Rwanda, Kenya, and South Africa. The lessons learned from these three diverse cases will be instrumental in determining how best to formulate and implement U.S. human rights policy more generally. Alison Des Forges of Human Rights Watch, Joel D. Barkan of the University of Iowa, and Pauline H. Baker of the Fund for Peace authored the papers for the Rwanda, Kenya, and South Africa case studies, respectively. The project assembled distinguished policymakers, NGO representatives, academics, and other experts to evaluate U.S. policy in these countries and to help identify ways in which U.S. human rights policy can be improved. Written by program officer Debra Liang-Fenton, this report draws upon the three papers, and is intended to capture the main themes that emerged in the working group sessions. The views expressed in this report do not necessarily reflect those of the United States Institute of Peace, which does not advocate specific policies. Of Related Interest |
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