Simon Bikindi
Encyclopedia
Simon Bikindi is a Rwanda
n singer-songwriter who was formerly very popular in Rwanda. His patriotic songs were playlist staples on the national radio station Radio Rwanda
during the war from October 1990 to July 1994 before the Rwandan Patriotic Front
took power. He was tried and convicted for incitement to genocide by the International Criminal Tribunal for Rwanda
(ICTR) in 2008.
, the same region from which President Habyarimana
and many of the key figures in his MRND
regime originated.
At the time of the genocide, he was a "well-known composer and singer of popular music and director of the performance group Irindiro Ballet." His songs were described as having "elliptical lyrics and catchy tunes", mixing English
, French
and Kinyarwanda and combining rap
-style texts with traditional folk song melodies. His first cassette, released in 1990, was of traditional wedding songs. He was additionally a civil servant of the Ministry of Youth and Sport and a member of the MRND party. Some of his songs directed against the Tutsi
were played on Radio Télévision Libre des Mille Collines
in order to incite killings. He left the country a few days before the beginning of the genocide, but returned later in June. It is a matter of debate whether and to what extent he participated in the genocide as such, but according to the ruling of the International Criminal Tribunal for Rwanda
(ICTR), it is proved beyond reasonable doubt that he was associated with the extremist Interahamwe militia
and publicly urged Hutus to exterminate all Tutsis in June 1994. After the RPF
takeover, he fled the country. His songs are banned in Rwanda since 1994.
(ICTR). He was charged with the following: conspiracy to commit genocide
; genocide, or alternatively complicity in genocide; direct and public incitement to commit genocide, and murder and persecution, as crimes against humanity.. The indictment stated that Bikindi "composed, sang, recorded or distributed musical works extolling Hutu solidarity and accusing Tutsis of enslaving Hutus". The prosecution cited a song entitled "The Awakening" but commonly referred to as "I hate the Hutus", which attacked "pro-Tutsi" Hutus and specifically those Hutus who collaborated with the Tutsi Rwandan Patriotic Front
insurgents against the government; In addition, it was argued that in the months prior to the genocide, Bikindi had “consulted with President Juvénal Habyarimana
, Minister of Youth and Sports Callixte Nzabonimana
and MRND-aligned military authorities on song lyrics” before releasing them to be played on the Hutu Power radio station RTLM
. The prosecution also claimed that during the 100 days of genocide from 7 April to 14 July 1994, Bikindi participated personally in the killings, both in Kigali
and Gisenyi prefecture, and helped to recruit and organize Interahamwe
militias.
Following his arrest in Leiden, Netherlands
on 12 July 2001, Bikindi fought extradition and requested asylum. However, eight months later, on 27 March 2002, he was placed in the custody of the ICTR. He subsequently entered a plea of not guilty to all the charges against him and was imprisoned at the United Nations Detention Facility
(UNDF) in Arusha, Tanzania. After a series of delays, his war crimes trial was set to begin on 15 May 2006. He was represented by the chairman of the Kenyan section of the International Commission of Jurists
(ICJ), Wilfred Ngunjiri Nderitu.
The prosecution team in Bikindi's trial asked for a life sentence, the most severe punishment the court gives. The defence requested acquittal.
vehicle equipped with a Public address system, urging and subsequently reminding the Hutu population to exterminate all Tutsis, whom he referred to as "snakes". All the other charges were dismissed; in particular, the court considered that while some songs had an inciting character, they had all been written before 1994, thus before the genocide, and that there was not sufficient evidence to prove that Bikindi had played a role in the dissemination of his songs on radio during the genocide, or that he had personally engaged in killings or organizing of militias.
next month, I'll write a song for them."
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
n singer-songwriter who was formerly very popular in Rwanda. His patriotic songs were playlist staples on the national radio station Radio Rwanda
Radio Rwanda
Radio Rwanda is a radio station of the Rwandan Office of Information , a government information agency that also owns Rwandan Television ....
during the war from October 1990 to July 1994 before the Rwandan Patriotic Front
Rwandan Patriotic Front
The Rwandan Patriotic Front abbreviated as RPF is the current ruling political party of Rwanda, led by President Paul Kagame. It governs in a coalition with other parties...
took power. He was tried and convicted for incitement to genocide by the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR) in 2008.
Background and role during the genocide
Bikindi, an ethnic Hutu, was born in Rwerere in the northwestern prefecture of GisenyiGisenyi
Gisenyi is a city in Rubavu district in the Western Province of Rwanda. Gisenyi is contiguous with Goma, the city across the border in the Democratic Republic of the Congo. The population of the city is about 106 000 .-Description:...
, the same region from which President Habyarimana
Juvénal Habyarimana
Juvénal Habyarimana was the third President of the Republic of Rwanda, the post he held longer than any other president to date, from 1973 until 1994. During his 20-year rule he favored his own ethnic group, the Hutus, and supported the Hutu majority in neighboring Burundi against the Tutsi...
and many of the key figures in his MRND
Mouvement républicain national pour la démocratie et le développement
National Republican Movement for Democracy and Development was the ruling political party of Rwanda from 1975 to 1994 under President Juvénal Habyarimana. It was dominated by Hutus, particularly from President Habyarimana's home region of Northern Rwanda...
regime originated.
At the time of the genocide, he was a "well-known composer and singer of popular music and director of the performance group Irindiro Ballet." His songs were described as having "elliptical lyrics and catchy tunes", mixing English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
, French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
and Kinyarwanda and combining rap
Rapping
Rapping refers to "spoken or chanted rhyming lyrics". The art form can be broken down into different components, as in the book How to Rap where it is separated into “content”, “flow” , and “delivery”...
-style texts with traditional folk song melodies. His first cassette, released in 1990, was of traditional wedding songs. He was additionally a civil servant of the Ministry of Youth and Sport and a member of the MRND party. Some of his songs directed against the Tutsi
Tutsi
The Tutsi , or Abatutsi, are an ethnic group in Central Africa. Historically they were often referred to as the Watussi or Watusi. They are the second largest caste in Rwanda and Burundi, the other two being the Hutu and the Twa ....
were played on Radio Télévision Libre des Mille Collines
Radio Télévision Libre des Mille Collines
Radio Télévision Libre des Mille Collines was a Rwandan radio station which broadcast from July 8, 1993 to July 31, 1994. It played a significant role during the April–July 1994 Rwandan Genocide....
in order to incite killings. He left the country a few days before the beginning of the genocide, but returned later in June. It is a matter of debate whether and to what extent he participated in the genocide as such, but according to the ruling of the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR), it is proved beyond reasonable doubt that he was associated with the extremist Interahamwe militia
Interahamwe
The Interahamwe is a Hutu paramilitary organization. The militia enjoyed the backing of the Hutu-led government leading up to, during, and after the Rwandan Genocide. Since the genocide, they have been forced out of Rwanda, and have sought asylum in Congo...
and publicly urged Hutus to exterminate all Tutsis in June 1994. After the RPF
Rwandan Patriotic Front
The Rwandan Patriotic Front abbreviated as RPF is the current ruling political party of Rwanda, led by President Paul Kagame. It governs in a coalition with other parties...
takeover, he fled the country. His songs are banned in Rwanda since 1994.
Indictment and arrest
Bikindi was indicted by the International Criminal Tribunal for RwandaInternational Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR). He was charged with the following: conspiracy to commit genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
; genocide, or alternatively complicity in genocide; direct and public incitement to commit genocide, and murder and persecution, as crimes against humanity.. The indictment stated that Bikindi "composed, sang, recorded or distributed musical works extolling Hutu solidarity and accusing Tutsis of enslaving Hutus". The prosecution cited a song entitled "The Awakening" but commonly referred to as "I hate the Hutus", which attacked "pro-Tutsi" Hutus and specifically those Hutus who collaborated with the Tutsi Rwandan Patriotic Front
Rwandan Patriotic Front
The Rwandan Patriotic Front abbreviated as RPF is the current ruling political party of Rwanda, led by President Paul Kagame. It governs in a coalition with other parties...
insurgents against the government; In addition, it was argued that in the months prior to the genocide, Bikindi had “consulted with President Juvénal Habyarimana
Juvénal Habyarimana
Juvénal Habyarimana was the third President of the Republic of Rwanda, the post he held longer than any other president to date, from 1973 until 1994. During his 20-year rule he favored his own ethnic group, the Hutus, and supported the Hutu majority in neighboring Burundi against the Tutsi...
, Minister of Youth and Sports Callixte Nzabonimana
Callixte Nzabonimana
Callixte Nzabonimana is a former Rwandan politician who is accused of participating in the Rwandan Genocide.- Prior to 1994 :An ethnic Hutu from Gitarama prefecture, Nzabonimana held the position of Minister of Planning in the MRND government of Juvénal Habyarimana from 15 January 1989 to 4...
and MRND-aligned military authorities on song lyrics” before releasing them to be played on the Hutu Power radio station RTLM
Radio Télévision Libre des Mille Collines
Radio Télévision Libre des Mille Collines was a Rwandan radio station which broadcast from July 8, 1993 to July 31, 1994. It played a significant role during the April–July 1994 Rwandan Genocide....
. The prosecution also claimed that during the 100 days of genocide from 7 April to 14 July 1994, Bikindi participated personally in the killings, both in Kigali
Kigali
Kigali, population 965,398 , is the capital and largest city of Rwanda. It is situated near the geographic centre of the nation, and has been the economic, cultural, and transport hub of Rwanda since it became capital at independence in 1962. The main residence and offices of the President of...
and Gisenyi prefecture, and helped to recruit and organize Interahamwe
Interahamwe
The Interahamwe is a Hutu paramilitary organization. The militia enjoyed the backing of the Hutu-led government leading up to, during, and after the Rwandan Genocide. Since the genocide, they have been forced out of Rwanda, and have sought asylum in Congo...
militias.
Following his arrest in Leiden, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
on 12 July 2001, Bikindi fought extradition and requested asylum. However, eight months later, on 27 March 2002, he was placed in the custody of the ICTR. He subsequently entered a plea of not guilty to all the charges against him and was imprisoned at the United Nations Detention Facility
United Nations Detention Facility
The United Nations Detention Facility is the only UN-administered jail in the world. Established in the wake of the 1994 Rwandan Genocide, the UNDF is a 89 cell institution located within a high security prison compound five miles outside the city of Arusha in Northern Tanzania.It is exclusively...
(UNDF) in Arusha, Tanzania. After a series of delays, his war crimes trial was set to begin on 15 May 2006. He was represented by the chairman of the Kenyan section of the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
(ICJ), Wilfred Ngunjiri Nderitu.
Details
In addition to other evidence, the prosecution cited a song celebrating the abolition of monarchy and the regaining of independence in 1959-1961: a Rwandan expert in the trial later expounded that the latter song could not have been addressed to the Rwandan nation as a whole, because the Tutsis were associated with the Rwandan monarchy and colonial regime, and that it was impossible to hate the monarchy without hating the Tutsis. The defence argued that there were contradictions in the witness testimonies, denying that the songs were about Tutsis and invoking Tutsi witnesses whom Bikindi had allegedly "helped to save their lives". Regarding the songs, both sides had experts on their side, but it was undeniable that the lyrics were difficult to interpret and that democracy and peace were mentioned. Bikindi's lawyer also argued that to accuse Bikindi is "to deny him his right of expression". In a remarkable incident, one of the defendant's counsels was accused of having bribed a prosecution witness. The chief counsel of the defence agreed with the prosecution's accusation, which caused Bikindi to refuse to be represented by him any further. The ICTR later cleared the lawyer of that accusation.The prosecution team in Bikindi's trial asked for a life sentence, the most severe punishment the court gives. The defence requested acquittal.
Verdict
In December 2008, Bikindi was sentenced to 15 years in prison with credit for 7 years already served, for incitement to commit genocide. The conviction stemmed from the fact that the court considered it proved beyond reasonable doubt that towards the end of June 1994 he had made a speech from an InterahamweInterahamwe
The Interahamwe is a Hutu paramilitary organization. The militia enjoyed the backing of the Hutu-led government leading up to, during, and after the Rwandan Genocide. Since the genocide, they have been forced out of Rwanda, and have sought asylum in Congo...
vehicle equipped with a Public address system, urging and subsequently reminding the Hutu population to exterminate all Tutsis, whom he referred to as "snakes". All the other charges were dismissed; in particular, the court considered that while some songs had an inciting character, they had all been written before 1994, thus before the genocide, and that there was not sufficient evidence to prove that Bikindi had played a role in the dissemination of his songs on radio during the genocide, or that he had personally engaged in killings or organizing of militias.
Significance
The trial had been considered problematic because of the troubling possibility of an artist being arbitrarily prosecuted for his work, art being open to a variety of interpretations. The verdict, however, successfully avoided this controversial issue, as it was not based on Bikindi's songs.Personal life and character
At the time of the genocide, Bikindi had a relationship with Angeline Mukabanana, a Tutsi. In an interview for the New York Times in 2008, she expressed her opinion that Bikindi hated no one and was simply an opportunist, too eager to please. She cited the fact that Bikindi had adopted her son, who had a Tutsi father, and had helped their Tutsi neighbours against Hutu thugs. Mukabanana claimed that after Bikindi wrote "I hate Hutus", she asked him why he had written that and pointed out the possibility of the RPF's winning the war. He allegedly answered: "The government obliges me to write these songs. If I hear the RPF is coming to KigaliKigali
Kigali, population 965,398 , is the capital and largest city of Rwanda. It is situated near the geographic centre of the nation, and has been the economic, cultural, and transport hub of Rwanda since it became capital at independence in 1962. The main residence and offices of the President of...
next month, I'll write a song for them."
External links
- The Prosecutor v. Simon Bikindi, Case No. ICTR-01-72-T. Judgement and Sentence – 2 December 2008
- PRI's The World on Simon Bikindi (includes a sound excerpt from "I hate Hutus")