Something big is happening in Rwanda! With a career spanning over more than 30 years as a professional recording and performing artists, iconic Rwandan songstress Cécile Kayirebwa has recently begun legal proceedings against several media houses for the abuse and exploitation of her copyrighted music. Several years ago, Kayirebwa initiated discussions with the state radio, ORINFOR, regarding the regular broadcast of her copyrighted material in the absence of an agreement allowing them to do so. When these discussions stalled and it became obvious that a solution would not be reached, the artist had to explore her legal options in accordance with Rwandan law.
In 2009, the government of Rwanda enacted copyright laws to protect intellectual property. In regards to music, these laws outline the legal obligation for TV, radio and other users to seek authorization before broadcasting any copyrighted material.
For years, ORINFOR and other private radio stations have been playing Kayirebwa’s music in direct disregard to copyright practices. As a matter of fact, since the copyright laws came into effect, a system to collect, manage and distribute royalties has yet to be implemented in Rwanda. This case could set a legal precedent accelerating the creation of an effective royalty management system finally allowing artists to be fairly compensated for the use of their music. From an outsider’s perspective, the outcome of Kayirebwa’s case will provide a window into the country’s efforts to demonstrate efficient and functioning institutions for the application of the Rule of Law.
Upon the announcement of Mme Kayirebwa’s intention to seek legal retribution for the unauthorized use of her music, several private radios and the state broadcasting house formed a coalition in an attempt to discredit Kayirebwa’s statements. Various strategies are employed by the stations; ORINFOR and Contact FM admitted to playing Kayirebwa’s music on their airwaves, but argued that it was at the request of the songstress and that it should be considered as free promotional service for her benefit. Up to this point, both stations have been unable to provide any legally valid documentation substantiating their claims. Other private radio stations are simply denying ever playing Kayirebwa’s music despite witnesses and common knowledge to the contrary.
Cecile Kayirebwa’s large body of work has had a considerable impact and influence on society in Rwanda and the diaspora abroad throughout the country’s recent history. As a young interpreter of classic and traditional material in the 60’s, Rwandans appreciated her honeyed and crystal clear voice and ability to create stunning vocal harmony overlays during her performances. Forced into exile in the 70’s with her family, she flew to Belgium where she kept a low profile working day and night as a nurse and social worker to raise a family in her new Belgian surroundings. Her love for pastoral traditional culture and desire to express her creativity still lingered and she dedicated several months to meticulously research field recordings from colonial times owned and stored at the Tervuren National Museum.
‘For me, there was no such thing as a career in music’, Cecile Kayirebwa confide ‘my parents did it as a hobby at home, as something cultural, but I never thought of it as a career.’
With her confidence boosted by this increased knowledge of authentic pastoral and traditional music from Rwanda, she continued to hone her skills and perfect her craft, progressively transforming herself into a full-fledged composer and singer/songwriter.
At this point, the artist began recording in professional studios and quickly released her first self-produced and financed album. This was in 1981 and word-of-mouth marketing and her self-distribution strategy proved a formidable success and the 11-song cassette created a loyal fan base in her cherished homeland and the Rwandan diaspora. Three other cassette albums followed her initial effort.
In 1990, the renowned UK record label, Globestyle, offered Kayirebwa her first international distribution deal. This critically acclaimed effort reached the top of the specialized music charts and international media ranked Cecile Kayirebwa as one of the African artists pioneering the World Music movement alongside luminaries such as Youssou Ndour, Salif Keita and Ali Farka Toure.
While being celebrated as a rare and fresh breed of talent on the international scene, her music and lyrics took on an unintentional, yet highly significant political meaning in Rwanda. In fact, the Habyarimana regime considered her brand of poetry subversive and subsequently imposed a Taliban-style ban on her music. Listening to Cecile Kayirebwa’s music in the comfort of your own home became a defiant act for regular Rwandans.
Despite the risks, Rwandans kept listening to her music in secret, sometimes even in hiding from their own family members. Her music proved a source of comfort to Rwandans being persecuted inside their own country as it did to nostalgic, exiled communities in the diaspora.
The time was 1988, and rumors of the formation of a Rwandan Patriotic Front (RPF) by refugees in Uganda began to circulate. It was understood that after several decades in forced exile, these refugees intended to discuss a return to their country, a concept the Habyarimana regime was not in favor of. The atmosphere in the region was extremely suspicious and tense; coincidently Cecile Kayirebwa was putting the last touches on a regional tour across Uganda, Rwanda and Burundi. Anticipation for her live performances brought excitement, joy, a sense of unity and shared belonging to populations both in Rwanda and in the neighboring diaspora communities.
The immense popularity of the songstress created a stir in a period of political instability and insecurity inside Rwanda. Both the Rwandan government of the time and the RPF were deeply concerned by her mass appeal.
At her request, separate private meetings were held where Cecile Kayirebwa fiercely confronted the leadership of both the RPF and the Rwandan government. She reaffirmed that her artistic approach had no political affiliation whatsoever and that her sole purpose was to express herself and share, while celebrating and preserving the endangered, but rich cultural heritage of Rwanda with as many people as possible, regardless of their nationality, religion or creed. Her creative expression was a harmless yet, essential and important patriotic duty.
Permission to travel and perform safely free from harassment with her band across the three countries was granted, setting a precedent as one of the few exiled Rwandan allowed performing in her country during this time.
Kayirebwa’s tour was a huge success filling halls and stadiums to capacity with excited fans of all generations and ethnic affiliations wherever she performed.
Her full live show toured on mainstream European and US summer festival circuits throughout the 90’s. Some of her most notable appearances include singing at Nelson Mandela’s Birthday in 1998 and performing for the BBC’s 1st Holocaust Memorial Day in 2001 where British Royalty and other members of Britain’s elite witnessed an emotionally charged live performance of Ubupfubyi. This tantalizing track was selected from her 1996 album Amahoro, the Kinyarwanda word for peace, as an ode to genocide’s orphans and widows everywhere.
Kayirebwa’s live shows are a rich experience for the senses. They are as stunning visually as they are musically, truly rendering a unique cultural experience that plunges the audience back in time.
Check authentic Intore dancers in movie King Solomon Mines (1950)
Les mines du roi Salomon (1950) par LiliTheKing
Intore dancers representing male warriors clad in traditional dress execute sophisticated dance steps with raw masculinity and feline grace while women elegantly glide across the floor displaying intriguing and beautifully synchronized arm movements. An essential components of Rwandan culture is the typical style and unique rhythm signature style of Ingoma drumming.
Lyrically, Kayirebwa’s poetry is deeply anchored in ancient Kinyarwanda tradition fused with classic instrumentation and production resulting in a timeless sound that resonates across generations and geographical borders. In an interesting twist of fate, her entire song catalogue and especially classic tracks like Umunezero, Tarahinda and Rwanda have come to symbolize uncompromised Rwandan identity, a sense of undying love, profound nostalgia and patriotism for all Rwandans at home and abroad.
After decades creating Rwandan music, international touring and several awards, Cecile Kayirebwa has become to Rwandan culture what Elvis Presley is to the American identity or Bob Marley to Jamaicans.
It is therefore interesting to note, that such an important and influential artist is today fighting against the country’s media and legal institutions to reclaim her legal rights in a country widely recognized as a safe investment hub in Africa.
Mme Kayirebwa’s court case surrounding copyright infringement and intellectual property rights could have repercussions well beyond the music and media industry. An inside source confided that US Embassy officials are keeping a close eye on the progress of the case. The outcome of the case could affect FDI in Rwanda, confidence of potential economic partners and investors depends in Rwanda's ability to apply the Rule of Law and legally protect intellectual property rights, trademarks and franchises.
As an artist, cultural entrepreneur and broadcaster, I think this situation should be nipped in the bud and not allowed to drag on indefinitely. The facts in this case are clear and it seems unnecessary and wasteful to use the court’s time and resources, not to mention the financial and emotional stress on Kayirebwa when this case could easily be settled out of court with prompt expediency. Rwandan authorities could then focus their attention on turning the situation into an opportunity to invest in developing a healthy cultural industry while strengthening Rwanda’s intellectual property laws. The positive outcomes of changing course right now, far outweigh the damaging burden and cost of pursuing the current path of opposing Mme Kayirebwa’s very public claim for fair justice.
Cecile Kayirebwa full catalogue can be ordered online via her website
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