Oriare Nyarwath’s research while affiliated with University of Nairobi and other places

There have been divergent views by various human rights scholars and actors on how to address the question of vulnerability among indigenous and minority groups in Rwanda. Even though factors influencing vulnerability among these groups have received increasing scholarly attention, findings from these studies fall short of reflecting on the role of identity and discrimination. Whereas the government in Rwanda after the 1994 genocide sought to enhance unity and reconciliation by outlawing all ethnic identities, and instead conflating all vulnerable groups into a nomenclature namely, a Historically Marginalised People (HMP), a divergent group of scholars, human rights activists, the United Nations and African Union's instruments of human rights describe this approach as antithetical to the promotion and protection of the rights of indigenous and minority groups. Using the human rights-based approach, this paper critically interrogates the issue of identity and how it has affected the enjoyment of the rights among the minority and indigenous Batwa people in Rwanda. The study employed a qualitative research design with data collected through Focus Group Discussions (FGDs) as well as in-depth interviews (IDIs). Respondents included members of the Batwa community, officials of selected public institutions, leaders in Non-Governmental Organisations (NGOs), and cooperative societies working towards the promotion of rights of the HMP. Data analysis involved the process of transcription and coding of data and the eventual reflexive thematic analysis. The findings show that the rights of the Batwa community to recognition and self-identity have varied meanings and implications to different members of the community as well as officials from public institutions and other relevant actors. To the existing research, the study affirms that the inconsistencies surrounding the Batwa's identity have accentuated their vulnerability. In terms of policy, the study suggests that in the short run, the Batwa community may require enhanced special temporary social protection measures in order to ameliorate their conundrum arising from identity ambiguity without compromising Rwanda's national unity. Further studies, should consider the role of land, forest and culture in further marginalising the Batwa, as well as quantitative methodology for inferential analysis.

This study is a systematic review of the United Nations and African Union reports on the controversial identity of the Batwa and their recognition as an Indigenous people in post-genocide Rwanda. Using the criteria of inclusion and exclusion, 25 United Nations and African Union periodic reports dating from 2000 onwards were systematically selected and reviewed. The findings of the study indicate that both the United Nations and African Union agree and disagree on the position of the Government of Rwanda on the identity recognition and the strategies used to empower the Batwa. Therefore, lack of a unified position on the status of the Batwa grossly undermines the United Nations human rights–based approach leading to the violation of their rights. This study proposes a new thinking that rectifies the status of the Batwa as a historically marginalized people. The study also subscribes to the tenets of national unity advanced by the Government of Rwanda.