THE CONSTITUTION OF
THE REPUBLIC OF RWANDA.
We, KAGAME Paul,
President of the Republic;
Given the Fundamental Law of the
Republic of Rwanda as amended to date, especially the Arusha Peace Agreement in
its part on Power-Sharing in its article 41, and in its part on Miscellaneous
Issues and final Provisions in its article 22;
Considering that the new Constitution
of the Republic of Rwanda was adopted by Rwandan Citizens in the Referendum of
26 May 2003 as confirmed by the Supreme Court in its ruling n°
.of
..;
DO HEREBY PROMULGATE
THIS CONSTITUTION AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE
REPUBLIC OF RWANDA.
PREAMBLE
We, the People of
Rwanda,
1° In the wake of the genocide that was
organised and supervised by unworthy leaders and other perpetrators and that
decimated more than a million sons and daughters of Rwanda;
2° Resolved to fight the ideology of
genocide and all its manifestations and to eradicate ethnic, regional and any
other form of divisions;
3° Determined to fight dictatorship by
putting in place democratic institutions and leaders freely elected by
ourselves;
4° Emphasizing the necessity to strengthen
and promote national unity and reconciliation which were seriously shaken by
the genocide and its consequences;
5° Conscious that peace and unity of
Rwandans constitute the essential basis for national economic development and
social progress;
6°
Resolved
to build a State governed by the rule of law, based on respect for fundamental
human rights, pluralistic democracy, equitable power sharing, tolerance and
resolution of issues through dialogue;
7° Considering that we enjoy the privilege
of having one country, a common language, a common culture and a long shared
history which ought to lead to a common vision of our destiny;
8° Considering that it is necessary to
draw from our centuries-old history the positive values which characterized our
ancestors that must be the basis for the existence and flourishing of our
Nation;
9° Reaffirming our adherence to the
principles of human rights enshrined in the United Nations Charter of 26 June
1945, the Convention on the Prevention and Punishment of the crime of Genocide
of 9 December 1948, the Universal Declaration of Human Rights of 10 December
1948, the International Convention on the Elimination of All Forms of Racial
Discrimination of 21 December 1965, the International Convention on Civil and Political Rights of 19
December 1966, the International Covenant on Economic, Social and Cultural
Rights of 19 December 1966, the Convention on the Elimination of all Forms of
Discrimination against Women of 1 May 1980, the African Charter of Human and
Peoples Rights of 27 June 1981 and the Convention on the Rights of the Child
of 20 November 1989 ;
10° Committed to ensuring equal rights between Rwandans
and between women and men without prejudice to the principles of gender
equality and complementarity in national development;
°10 Determined to develop human resources,
to fight ignorance, to promote technological advancement and the social welfare
of the people of Rwanda;
°11 Considering that after the Transition
period, Rwanda shall be governed by a Constitution comprising ideas expressed
by Rwandans themselves;
Now hereby adopt, by referendum, this
Constitution as the supreme law of the Republic of Rwanda.
CHAPTER ONE : GENERAL
PROVISIONS
The Rwandan State is an independent,
sovereign, democratic, social and secular Republic;
The principle governing the Republic is "government of the people, by the people and for the people".
Article 2
All the power derives from the people.
No group of people or individual can
vest in themselves the exercise of power.
National sovereignty belongs to the
people who shall exercise it directly by way of referendum or through their
representatives.
Article 3
The territory of Rwanda is divided into
Provinces, Districts, Cities, Municipalities, Towns, Sectors and Cells.
The law determines the number,
boundaries, organization and functioning of Provinces, Cities, Municipalities,
Towns and Districts.
The
Capital of the Republic of Rwanda is the City of Kigali.
The law determines the organization,
functioning and operation of the City of Kigali.
The Capital can by law be transferred
elsewhere within Rwanda.
Article 6
The national symbols of Rwanda are the
flag, the motto, the seal and the national anthem.
The
national flag is made up of three colours : green, yellow and blue.
The flag comprises the following
colours from
the bottom to the top : a green strip, followed by a yellow strip both of which
cover half the flag. The upper half is blue and bears on its right hand side
the image of the sun with its rays of golden yellow. The sun and its rays are
separated by a blue ring.
The law determines the characteristics, significance, usage and ceremonials of the national flag.
The motto of the Republic is : UNITY,
WORK, PATRIOTISM.
The Seal of the Republic is made up of
a circular green rope with a green knot at the base, bearing on its upper part,
the imprints « REPUBULIKA Y'U RWANDA ». At the bottom of the knot is
the motto of the Republic : « UBUMWE, UMURIMO, GUKUNDA IGIHUGU ». All
these inscriptions are in black
against a yellow background.
The Seal of the Republic also bears the
following ideograms : the sun with its rays, a stem of sorghum and a branch of a coffee tree, a basket, a
blue wheel with teeth and two shields one on the right and one on the left.
The
characteristics, significance, usage and protection of the Seal are determined
by law.
The national anthem is
"RWANDA NZIZA".
The characteristics and ceremonies of
the National Anthem are determined by law.
Article 7
Every person
has a right to nationality.
Dual nationality is permitted.
No person may be deprived of Rwandan
nationality of origin.
No person shall be arbitrarily deprived of his or her nationality or of the right to change nationality.
Rwandans or their descendants who were deprived of their nationality between 1st November 1959 and 31 December 1994 by reason of acquisition of foreign nationalities automatically reacquire Rwandan nationality if they return to settle in Rwanda.
All persons originating from Rwanda and
their descendants shall, upon their request, be entitled to Rwandan
nationality.
The conditions of acquisition,
retention, enjoyment and deprivation of Rwandan nationality are determined by
an organic law.
Article 8
Suffrage is universal and equal for all
citizens.
Suffrage is direct or indirect and
secret, unless the Constitution or another law provides otherwise.
All Rwandan citizens of both sexes who
fulfil the requirements provided for by the law have the right to vote and to
be elected.
The law
determines the conditions and modalities for the conduct of elections.
The State of Rwanda commits itself to conform to the following fundamental principles and to promote and enforce the respect thereof:
1° fighting the ideology of genocide and
all its manifestations;
2° eradication of ethnic, regional and
other divisions and promotion of national unity;
3° equitable sharing of power;
4° building a state governed by the rule
of law, a pluralistic democratic government, equality of all Rwandans and
between women and men reflected by ensuring that women are granted at least
thirty per cent of posts in decision making organs;
1° building a State committed to promoting
social welfare and establishing appropriate mechanisms for ensuring social
justice;
2° the constant quest for solutions
through dialogue and consensus.
Article 10
The human person is sacred and
inviolable.
The State
and all public administration organs have the absolute obligation to respect,
protect and defend him or her.
All Rwandans are born and remain free and equal in rights and duties.
Discrimination
of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex,
region, social origin, religion or faith, opinion, economic status, culture,
language, social status, physical or mental disability or any other form of
discrimination is prohibited and punishable by law.
Every person has the right to life. No
person shall be arbitrarily deprived of life.
The crime of genocide, crimes against
humanity and war crimes do not have a period of limitation.
Revisionism,
negationism and trivialisation of genocide are punishable by the law.
The State shall, within the limits of its capacity, take special measures for the welfare of the survivors of genocide who were rendered destitute by the genocide committed in Rwanda from October 1st, 1990 to December 31st, 1994, the disabled, the indigent and the elderly as well as other vulnerable groups.
Article 15
Every person has the right to physical
and mental integrity.
No person shall be subjected to
torture, physical abuse or cruel,
inhuman or degrading treatment.
No one shall be subjected to
experimentation without his or her informed consent. The modalities of such consent and experiments are determined
by law.
All human beings are equal before the
law. They shall enjoy, without any discrimination, equal protection of the law.
Criminal liability is personal. Civil liability is determined by law.
No one shall be imprisoned on the ground of inability to fulfil obligations arising from civil or commercial laws.
The person's liberty is guaranteed by
the State.
No one
shall be subjected to prosecution, arrest, detention or punishment on account
of any act or omission which did not constitute a crime under the law in force
at the time it was committed.
The right to be informed of the nature
and cause of charges and the right to defence are absolute at all levels and
degrees of proceedings before administrative, judicial and all other decision
making organs.
Article 19
Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defence have been made available.
Nobody shall be denied the right to appear before a judge competent by law to hear his or her case.
Nobody
shall be punished for acts or omissions that did not constitute an offence
under national or international law at the time of commission or omission.
Neither
shall any person be punished with a penalty which is heavier than the one that
was applicable under the law at the time when the offence was committed.
No person
shall be subjected to security measures except as provided for by law, for
reasons of public order and State
security.
Article 22
The private life, family, home or
correspondence of a person shall not be subjected to arbitrary interference;
his or her honour and good reputation shall be respected.
A persons home is inviolable. No search of or entry into a home may be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by law.
Confidentiality of correspondence and communication shall not be subject to waiver except in circumstances and in accordance with procedures determined by law.
Every Rwandan has the right to move and
to circulate freely and to settle anywhere in Rwanda.
Every Rwandan has the right to leave
and to return to the country.
These
rights shall be restricted only by the law for reasons of public order or State security, in order to deal with a public menace or to
protect persons in danger.
Article 24
Every
Rwandan has the right to his or her country.
No
Rwandan shall be banished from the country.
The right to asylum is recognized under conditions determined by the law.
The extradition of foreigners shall be permitted only so far as it is consistent with the law or international conventions to which Rwanda is a party.
However, no Rwandan shall be extradited.
Only
civil monogamous marriage between a man and a woman is recognized.
No person may be married without his or her
free consent.
Parties to a marriage have equal rights
and duties upon and during the subsistence of a marriage and at the time of
divorce.
The law determines conditions, forms and effect of marriage.
The family, which is the natural foundation of Rwandan society, is protected by the State.
Both parents have the right and duty to bring up their children.
The State shall put in place
appropriate legislation and institutions for the protection of the family and
the mother and child in particular in order
to ensure that the family
flourishes.
Article
28
Every child is entitled to special
measures of protection by his or her family, society and the State that are
necessary, depending on the status of the child, under national and
international law.
Every person has a right to private
property, whether personal or owned in association with others.
Private property, whether individually
or collectively owned, is inviolable.
The right to property may not be
interfered with except in public interest, in circumstances and procedures
determined by law and subject to fair and prior compensation.
Article 30
Private ownership of land and other
rights related to land are granted by the State.
The law specifies the modalities of
acquisition, transfer and use of land.
The property of the State comprises of
public and private property of the central Government as well as the public and
private property of decentralized local government organs.
The public property of the State is
inalienable unless there has been prior transfer thereof to the private
property of the State.
Every person shall respect public
property.
Any act
intended to cause sabotage,
vandalism, corruption, embezzlement, squandering or any tampering with public
property shall be punishable by law.
Article 33
Freedom of thought, opinion,
conscience, religion, worship and the public manifestation thereof is
guaranteed by the State in accordance with conditions determined by law.
Propagation of ethnic, regional, racial or discrimination or any other form of division is punishable by law.
Freedom of the press and freedom of
information are recognized and guaranteed by the State.
Freedom of speech and freedom of information shall not prejudice public order and good morals, the right of every citizen to honour, good reputation and the privacy of personal and family life. It is also guaranteed so long as it does not prejudice the protection of the youth and minors.
The conditions for exercising such
freedoms are determined by law.
There is
hereby established an independent institution known as the High Council of the
Press ».
The law shall determine its functions, organization and operation.
Freedom of association is guaranteed
and shall not require prior authorization.
Such freedom shall be exercised under
conditions determined by law.
Freedom of peaceful assembly without
arms is guaranteed if it is not inconsistent with the law.
Prior authorization shall only be necessary if the law so requires and solely in the case of assembly in the open air, in a public place or on a public road, to the extent that such is necessary in the interests of public safety, public health or public order.
Every person has the right to free
choice of employment.
Persons with the same competence and
ability have a right to equal pay for equal work without discrimination.
The right to form trade unions for the
defence and the promotion of legitimate professional interests, is recognized.
Any worker may defend his or her rights
through trade union action under conditions determined by law.
Every
employer has the right to join an employers organization.
Trade unions and employers associations have the right to enter into general or specific agreements regulating their working relations. The modalities for making these agreements are determined by law.
Article 39
Article
40
Every person has the right to education.
Freedom of learning and teaching shall be guaranteed in accordance with conditions determined by law.
Primary education is compulsory. It is free in public schools.
The conditions for free primary education in schools subsidised by the Government are determined by an organic law.
The State
has the duty to take special measures to facilitate the education of disabled
people.
An
organic law determines the organization of Education.
All citizens have the right and duties
relating to health. The State has the duty of mobilizing the population for
activities aimed at promoting good health and to assist in the implementation
of these activities.
Every
foreigner legally residing in the Republic of Rwanda shall enjoy all rights
save those reserved for nationals as determined under this Constitution and
other laws.
Article 43
The
judiciary as the guardian of rights and freedoms of the public ensures respect
thereof in accordance with procedures determined by law.
CHAPTER II : THE RIGHTS AND DUTIES OF THE
CITIZEN
All citizens have the right to participate in the government of the country, whether directly or through freely chosen representatives in accordance with the law.
All citizens have the right of equal
access to public service in accordance with their competence and abilities.
Article 46
Every
citizen has the duty to relate to other persons without discrimination and to
maintain relations conducive to safeguarding, promoting and reinforcing mutual
respect, solidarity and tolerance.
All citizens have the duty to participate, through work, in the development of the country; to safeguard peace, democracy, social justice and equality and to participate in the defence of the motherland.
The law shall organize national
service, whether civil or military.
In all circumstances, every citizen,
whether civilian or military, has the duty to respect the Constitution, other
laws and regulations of the country.
Every citizen has the right to defy
orders received from his or her superior authority if the orders constitute a
serious and manifest violation of human rights and public freedoms.
Article 49
Every citizen is entitled to a healthy and
satisfying environment.
Every person has the duty to protect,
safeguard and promote the environment. The State shall protect the environment.
The law determines the modalities for
protecting, safeguarding and promoting the environment.
The law
shall determine its functions, organization and operation.
Article 51
TITLE
III
POLITICAL ORGANIZATIONS
A multi-party system of government is recognized.
Political organizations fulfilling the conditions required by law are permitted to be formed and to operate freely; they must abide by the Constitution and other laws as well as democratic principles and they should not destabilise national unity, territorial integrity and security of the nation.
Political organizations participate in the education of citizens on politics based on democracy and elections and operate in such a manner as to ensure that women and men have equal access to elective offices.
The leadership organs of political organizations shall only maintain offices at the national, provincial and Kigali City levels.
Rwandans
are free to join political organizations of their choice or not to join them.
No
Rwandan shall be subjected to discrimination by reason of membership of a given
political organization or on account of not belonging to any political
organization.
Political organizations are prohibited from basing themselves
on race, ethnic group, tribe, clan, region, sex, religion or any other division
which may give rise to discrimination.
Political organizations must
constantly reflect the unity of the people of Rwanda and gender equality and
complementality, whether in the recruitment of members, putting in place organs
of leadership and in their operations and activities.
Article 55
The Senate may lodge a complaint against a political organization which has grossly violated the obligations contained in the provisions of Articles 52, 53 and 54 of this Constitution with the High Court of the Republic. In case of appeal, the appeal is heard by the Supreme Court.
Depending on the gravity of the
violation proved, the High Court of the Republic may, without prejudice to
criminal prosecution, impose any of the following sanctions against the
political organization found guilty of the violation:
1° formal warning;
2° suspension of activities for a period
not exceeding two years;
3° suspension of activities for the whole
Parliamentary term;
4° dissolution.
In the event that the final decision of the
court of last instance is the sanction of dissolution of a political
organization, the Members of the Chamber of Deputies elected on the ticket of
the dissolved political organization shall automatically lose their
parliamentary seats.
By-elections are held to replace Deputies of
the dissolved political organization if the remaining period of their mandate
is more than one year.
Without prejudice to the independence of each political organization and their
collaboration, political organizations officially recognized in Rwanda shall organize themselves in a consultative forum.
The forum is mainly responsible for:
1° facilitating exchange of ideas by
political organizations on major issues facing the country;
2° consolidating national unity;
3° advising on national policy;
4° acting as mediators in conflicts
arising between political organizations;
5° assisting in resolving internal
conflicts within a political organization upon request by that political
organization.
The forum's decisions shall always be
taken by the consensus of the constituent organizations.
Political
organizations which are duly registered shall be given grants by the State.
An organic law shall determine the
modalities for the establishment of political organizations, their functioning, the
conduct of their leaders, the manner in which they shall receive state grants
as well as the organization and functioning of the Forum of Political
organizations.
Article 58
The President of the Republic and the Speaker of the Chamber of Deputies shall belong to different political organizations.
Judges, prosecutors as well as members
of the armed forces, police and National Security Service shall not be
permitted to be members of political organizations.
Other
public servants and employees of public enterprises and parastatal
organizations may join political organizations but shall not be permitted to
take up senior leadership positions of
political organizations as specified by an organic law.
CHAPTER ONE : GENERAL PROVISIONS
Article 60
The branches of government are the following :
1°
the legislature;
2°
the executive;
3°
the judiciary.
The three branches are separate and
independent from one another but are all complementary. Their responsibilities,
organization and functioning are defined by this Constitution.
The State shall ensure that the
exercise of legislative, executive and judicial power is vested in people who
possess the competence and integrity required to fulfil the respective
responsibilities accorded to the three branches.
Article 61
Before taking office, the President
of the Senate and the Speaker of the Chamber of Deputies, the Prime Minister,
the President of Supreme Court, ministers, ministers of state and other members
of Government, senators, deputies, officers of the rank of General and senior
officers of Rwanda Defence Forces, commissioners and senior officers of the
National Police, the Vice-President and judges of the Supreme Court, the Prosecutor
General of the Republic, the Deputy Prosecutor General and such other persons
as may be determined by law shall take oath in these words:
« I,
. solemnly swear
to the Nation that I shall:
1°
diligently fulfill the
responsibilities entrusted to me;
2°
remain loyal to the Republic of Rwanda ;
3°
observe the Constitution and the other laws;
4°
work for the consolidation of national
unity;
5°
conscientiously fulfill my duties of
representing the Rwandan people without any discrimination whatsoever;
6°
never
use the powers conferred on me for personal ends;
7°
promote respect for the freedoms and
fundamental rights of the human being
and safeguard the interests of the Rwandan people.
Should I fail to
honour this oath, may I face the rigours of the law.
So help me God».
CHAPTER II : THE LEGISLATURE
Section one : Parliament
Sub-section one : General Provisions
Article 62
Legislative power is vested in a
Parliament consisting of two chambers:
1°
the Chamber of Deputies, whose
members shall have the title of « Deputies »;
2°
the Senate, whose members shall
have the title of « Senators ».
Parliament deliberates on and
passes laws. It legislates and oversees executive action in accordance with the
procedure determined by this Constitution.
Article 63
In the event of the absolute
impossibility of Parliament holding session, the President of the Republic
during such period promulgates decree-laws adopted by the Cabinet and those
decree-laws have the same effect as ordinary laws.
These decree-laws become null and
void if they are not adopted by Parliament at its next session.
Article 64
Every Member of Parliament
represents the whole nation and not just those who elected or nominated him or
her or the political organization on whose ticket he or she stood for election.
Any imperative mandate is null and
void.
Article 65
Before taking office, Members of
Parliament shall take oath before the President of the Republic and, in case of
his or her absence, before the President of the Supreme Court.
The first sitting of Parliament
shall be convened and presided over by the President of the Republic within
fifteen (15) days of the publication of the election results.
On commencement of each term of the
legislature, the first sitting shall be devoted to the taking of the oath of
office of members of Parliament and the election of the Bureau of each Chamber.
The election of the Bureau of each
Chamber shall be presided over by the President of the Republic.
The Bureau of each Chamber of
Parliament is made up of the President and two Vice-Presidents and the Speaker
and two Deputy Speakers respectively. Their duties are specified in a law
establishing the internal regulations of each Chamber.
Article 66
The quorum required for each
Chamber of Parliament is at least three fifths of its members.
The sittings of each Chamber of
Parliament are public.
However, each Chamber may decide,
by absolute majority of the members present, to sit in camera at the request of
either the President of the Republic, the President of Senate or the Speaker of
the Chamber of Deputies or a quarter of the members of either Chamber or the
Prime Minister.
Article 67
The Chambers of Parliament shall
hold their sessions in the Capital City, each at its respective Chambers
designated for the purpose except in cases of force majeure confirmed by the
Supreme Court upon request by the President of the Chamber concerned. In the
event that the Supreme Court itself is unable to hold session, the President of
the Republic shall determine by decree-law the place where the Parliament shall
hold session.
Decisions taken in sessions in
respect of which there has either been no convocation or no agenda has been
distributed or which take place during periods outside the approved time of
sessions or outside the designated Chambers are null and void, save as is
provided in the preceding paragraph.
Article 68
No one shall at the same time be a
member of the Chamber of Deputies and the Senate.
The office of a Parliamentarian
shall not be compatible with being a member of the Cabinet.
An organic law determines offices
which are incompatible with the office of a parliamentarian.
Article 69
Members of Parliament shall enjoy
parliamentary immunity in the following manner:
1° No Member of Parliament may be
prosecuted, pursued, arrested, detained or judged for any opinions expressed or
votes made by him or her in the exercise of his or her duties.
2° During the session period, no
Member of Parliament suspected of a serious felony may be arrested or
prosecuted without the authorisation of the Chamber to which he or she belongs;
3° When Parliament is not in
session, no Member of Parliament may be arrested without the authorisation of
the Bureau of the Chamber to which he or she belongs, unless he or she is
caught flagrante delicto committing a felony or the Bureau of the Chamber to
which he or she belongs has previously authorised his or her prosecution or a
court of law has passed a final verdict and sentence against him or her.
Any Member of Parliament convicted
of a felony by a court of law of last instance is automatically stripped of his
or her parliamentary seat by the Chamber to which he or she belongs, after
confirmation by the Supreme Court.
Similarly,
each Chamber of Parliament may, in its internal regulations, make provisions
for serious misconduct as a consequence of which a member of that Chamber may
be removed from office. In such a case, the decision to remove the member from
office shall be taken by a majority of three-fifths of the members of the
Chamber concerned.
Article 70
Ordinary sessions of both Chambers
of Parliament shall take place on the same dates.
However, the sittings of each of
the Chambers as well as the extraordinary sessions shall be held according to
each Chambers internal regulations.
The two Chambers of Parliament
cannot meet in joint session save in cases of debate on issues in respect of
which the Constitution mandates a joint session or formal ceremonies instituted
by law or other official functions.
When Parliament meets in joint
session, the meeting shall be chaired by the Speaker of the Chamber of Deputies
and in his or her absence, by the President of the Senate.
Article 71
The Chambers of Parliament shall
hold three ordinary sessions of two months each.
1°
the first session shall commence on
February 5th ;
2°
the second session shall commence
on June 5th ;
3°
the third session shall commence on
October 5th.
Where the commencement date of a
session falls on a non working day, the opening of the session shall be
postponed to the following day; or, if the following day is a holiday, to the
next working day.
Article 72
Each Chamber of Parliament meets in
an extraordinary session upon convocation by its President or Speaker, as the
case may be, after consultation with other members of the Bureau or upon the
request of the President of the Republic on the Cabinet's proposal or that of a
quarter of members of the Chamber.
An extraordinary joint session of Parliament
may be convened by common agreement between the Presidents of both Chambers, or
at the request of the President of the Republic or that of one quarter of
members of each Chamber.
The extraordinary session handles
only the issues for which it has been convened and which have previously been
brought to the notice of members of the Chamber or the Parliament before
commencement of the session.
The
session shall close upon conclusion of consideration of matters on the agenda
for which the session was convened.
An extraordinary session shall not
exceed fifteen days.
Article 73
Each Chamber of Parliament shall
adopt an organic law establishing its internal regulations.
Such organic law shall determine
inter alia :
1°
the powers of the Bureau of each
Chamber;
2°
the number, duties, powers and
procedure of appointment of standing committees, without prejudice to the right
of each Chamber to establish ad hoc committees;
3°
the organisation of departments of
each Chamber managed by the Speaker or the President assisted by two
Vice-Speakers and two Vice-Presidents as the case may be and the Clerk;
4°
the code governing the conduct of
members of each Chamber;
5°
the different modes of voting, with
the exception of those expressly provided for by the Constitution.
Article 74
Each Chamber of Parliament shall
have its own budget and shall enjoy financial and administrative autonomy.
Article 75
An organic law shall determine
rules not provided for in this Constitution relating in particular to the
requirements for the conduct of elections of the members of each Chamber of
Parliament and the manner of replacing a member of Parliament who leaves office
before the end of his or her term. It shall also determine the factors which
render a candidate ineligible for election, activities which are incompatible
with the office of Deputy or Senator and the remuneration and allowances of the
members.
Sub-section 2 : The Chamber of Deputies
Article 76
The Chamber of deputies shall be
composed of 80 members as follows :
1°
fifty three (53) are elected in
accordance with the provisions of article 77 of this Constitution;
2°
twenty four (24) women; that is :
two from each Province and the City of Kigali. These shall be elected by a
joint assembly composed of members of the respective District, Municipality,
Town or Kigali City Councils and members of the Executive Committees of womens
organizations at the Province, Kigali City, District, Municipalities, Towns and
Sector levels;
3°
two (2) members elected by the
National Youth Council;
4°
one (1) member elected by the
Federation of the Associations of the Disabled.
Article 77
Without prejudice to the provisions
of Article 76 of this Constitution, the members of the Chamber of Deputies
shall be elected for a five-year (5) term by direct universal suffrage through
a secret ballot using a system of proportional representation.
The seats which remain after
allocation of seats by dividing votes received by the electoral quotient shall
be distributed to political organizations according to the system of the
highest surplus.
The list shall be compiled in full
respect of the principle of national unity as stipulated in Articles 9 and 54
of this Constitution and the principle of gender equality in matters relating
to elective offices as stipulated in article 54 of the Constitution.
Candidates may be presented by a political
organization or may stand independently.
A political organization or list of
independent candidates which fails to attain at least five per cent (5 %) of
the votes cast at the national level during legislative elections can not be
represented in the Chamber of Deputies or benefit from grants given to
political organizations by the State.
Article 78
Any
deputy who, during his or her mandate, either resigns from his or her political
organization or resigns from the Chamber of Deputies or is expelled from the
political organization to which he or she belongs in accordance with provisions
of the organic law governing political organizations or joins another political
organization, shall automatically lose his or her seat in the Chamber of
Deputies.
Disputes
relating to decisions taken in accordance with the proceeding paragraph are
adjudicated by the High Court of the Republic in the first instance and by the
Supreme Court in the second and the last instance.
In the
event of an appeal, the execution of the decision of the court of first
instance is stayed until the Supreme Court rules on the appeal.
In the event of a Deputy losing or being removed from office when his or her term still has more than one year to go, the seat vacated by the Deputy shall devolve upon the person who was next on the list on which he or she was elected.
Candidates who are elected by means other than through lists of political organizations who lose or are removed from office as parliamentarians are replaced through fresh elections.
Every year, the Chamber of Deputies
shall adopt the finance law. It shall receive the finance bill before
commencement of the Budget session.
The Chamber of Deputies shall examine
the Budget for the next financial year on the basis of the budget
implementation report for the current year presented to it by the Cabinet.
Every financial year and before June 30th
of the following year, the Cabinet shall submit to the Chamber of deputies the
finance bill for the concerned financial year with a report on the
implementation of the budget certified by the Auditor General of State
Finances.
The Cabinet shall submit a report on
the implementation of the budget to the Auditor General of State Finances not
later than March 31st of the following financial year.
The finance law determines the State
revenue and expenditure of the State in
accordance with conditions provided for by an organic law.
Before the final adoption of the Budget, the President of the Chamber of Deputies seeks the opinion of the Senate on the finance bill.
Article 80
In the
event that the Finance bill is not voted and promulgated before commencement of
a financial year, the Prime Minister authorises by an order a monthly
expenditure on a provisional basis of an amount equal to one-twelfth of the
budget of the preceding year.
Article 81
No taxation can be imposed, modified or
removed except by law.
No exemption from or reduction of tax
may be granted unless authorised by law.
The Chamber of Deputies may upon
request by the Cabinet and after adoption of a law relating to certain rates of
taxes and duties by an organic law, authorise its immediate application.
Sub-section 3 : The Senate
The Senate shall be composed of twenty
six (26) members serving for a term of eight years (8) and at least thirty per
cent (30 %) of whom are women. In addition, former Heads of State become
members of the Senate upon their request as provided for in paragraph 4 of this
article.
Those twenty six (26) members are
elected or appointed as follows :
1° twelve (12) members representing each
Province and the City of Kigali elected through secret ballot by members of the
Executive Committees of Sectors and District, Municipality, Town or City
Councils of each Province and the City of Kigali;
2° eight (8) members appointed by the
President of the Republic who shall ensure the representation of historically
marginalized communities;
3° four (4) members designated by the
Forum of Political organizations;
4° one (1)university lecturer of at least
the rank of Associate Professor or a researcher elected by the academic and
research staff of public universities and institutions of higher learning;
5° one (1) university lecturer of at least the
rank of Associate Professor or researcher elected by the academic and research
staff of private universities and institutions of higher learning.
The
organs responsible for the nomination of Senators shall take into account
national unity and equal representation of both sexes.
Former Heads of State who honourably
completed their terms or voluntarily resigned from office become members of the
Senate by submitting a request to the Supreme Court.
Dispute relating to the application of Article 82 and 83 of this Constitution which may arise, shall be adjudicated by the Supreme Court.
Members of the Senate shall be citizens of impeccable character possessing the qualities of "inararibonye" who are elected or appointed objectively on the basis of individual merit without regard to political affiliation. They shall be highly skilled in the fields of science, law, economics, politics, sociology, culture or be persons who have held senior positions in the public or private sectors.
A candidate for the Senate must fulfil
the following requirements:
1°
satisfaction
of the criteria specified in Article 82 of this Constitution;
2°
being
an inararibonye;
3°
having
irreproachable morals and probity;
4° not having been deprived of civil
and political rights;
5°
being at least forty years old;
6°
not
having been sentenced by a court of last instance to a term of imprisonment of
six months or more in respect of which there has been no amnesty or
rehabilitation.
Article 84
With the
exception of former Heads of State who become members of the Senate in
accordance with Article 82 of this Constitution, members of the Senate serve a
term of eight years which is not renewable.
Without
prejudice to Article 197 of this Constitution, nominations of candidates for
the Senate to be elected by the District, Municipality, Town and City Councils
and the Executive Committees of Sectors in Provinces and the City of Kigali are
filed with the Supreme Court at least thirty days before the elections.
The Supreme Court verifies if the
candidates fulfil the required conditions, rules on and publishes the list of
candidates within a period not exceeding eight days from the date on which it
received the nominations. Elections are conducted in accordance with the procedure
determined by the electoral law.
With respect to Senators who are appointed, the organs responsible for the nomination of designated Senator submit the names of the candidates to the Supreme Court, which verifies whether they fulfil the required conditions and rules on and publishes the list of appointed Senators within eight (8) days.
Senators
appointed by the President of the Republic are nominated last to enable the
President to take into account the principle of national unity among Rwandans.
In the
event that some of the candidates are not approved by the Supreme Court, the
organs responsible for the nomination may, within a period not exceeding seven
days from the date of publication of the list complete the number provided for.
Article 86
With
regard to Senators elected by the Executive Committees of Sectors, District,
Municipality, Town and City Councils, a candidate to be elected must receive an
absolute majority of the votes cast during the first round or failing, that a
simple majority in the second round which must be organized immediately after
the first round.
In the
event of an elected Senators resignation, death, impeachment by a court of law
or permanent absence from the Senate on account of any reason when his or her
term has a year or more to run, fresh elections are held. In the case of an
appointed Senator, the organ which appointed him or her shall determine his or
her replacement.
Article 87
The
Senate has the specific function to supervise the application of the principles
referred to in Articles 9 and 54 of this Constitution.
Article 88
In
legislative matters, the Senate shall be competent to vote on :
1°
laws
relating to the amendment of the Constitution;
2°
organic
laws;
3°
laws
relating to the establishment, modification, functioning and dissolution of
public enterprises and parastatal organizations and territorial organisations;
4°
laws
relating to fundamental freedoms, rights and duties of the person;
5°
criminal
law and laws relating to the organization, jurisdiction of courts and procedure
in criminal cases;
6°
laws
relating to defence and security;
7°
laws
relating to elections and referenda;
8°
laws
relating to international agreements
and treaties.
The
Senate shall also have the authority to :
1°
elect
the President, the Vice-President and Judges of the Supreme Court, the
Prosecutor General of the Republic and his or her deputy;
2°
approve
the appointment of the Chairpersons and members of National Commissions, the
Ombudsman and his or her deputies, the Auditor General of State Finances and
his or her Deputy, Ambassadors and Representatives to international
organisations, Provincial Prefets and heads of public enterprises and
parastatal organisations which have legal personality;
3°
approve,
where necessary, the appointment of such other public officials as shall be required and determined by an organic law.
Article 89
The
Speaker of the Chamber of Deputies shall, without undue delay, transmit to the
President of the Senate bills adopted by the Chamber of Deputies relating to
matters provided for in Article 88 of this Constitution.
Similarly,
the Government shall submit to the Senate draft orders relating to the
appointment of the public officers referred to in Article 88 of this
Constitution for approval prior to signature.
Section 2 : Initiation and adoption of laws
Article 90
The right
to initiate legislation shall be concurrently vested in each Deputy and the
Executive acting through the Cabinet.
Article 91
Bills and statutory amendments
which have the potential to reduce Government revenue or increase State
expenditure must indicate proposals for raising the required revenue or making
savings equivalent to the anticipated expenditure.
Article 92
Bills
determined by the plenary session to have a sound basis shall first be transmitted
to the relevant committee of the Chamber of Deputies for examination prior to
their consideration and adoption in the plenary session.
Article 93
The law
is sovereign in all matters.
Organic
laws govern all matters reserved for them by this Constitution as well as
matters the laws in respect of which require related special laws.
An
organic law may not contradict the Constitution. Neither may an ordinary law or
decree-law contradict an organic law and a decree may not contradict an
ordinary law.
In voting
upon a bill, there must be a separate vote on each article as well as a vote on
the entire bill.
A vote on
the entire law is conducted by calling each parliamentarian by name and the
parliamentarian votes by replying in a loud voice.
Organic
laws shall be passed by a majority vote of three fifths of the members present
in each Chamber.
The
procedures for voting are determined by a law on the internal regulations of
each Chamber.
Article 94
A
petition for consideration of a bill or any other matter on an urgent basis may
be made by either a parliamentarian or the Cabinet to the relevant Chamber.
When such
a petition is made by a member of Parliament, the relevant Chamber decides on
the validity of the urgency.
When the
petition is made by the Cabinet, the request is always granted.
Upon a
decision confirming the urgency, the bill or matter is considered before any
other matters on the agenda.
Article 95
With the
exception of the organic law on the internal regulations of the Senate, bills
on matters in respect of which the Senate is competent to legislate are
transmitted to the Senate after adoption by the Chamber of Deputies.
In the
event that the Senate does not approve a bill transmitted to it or amendments
proposed by the Senate are not acceptable to the Chamber of Deputies, both
Chambers set up a commission composed of an equal number of Deputies and
Senators which make proposals on matters still being debated.
Both Chambers are notified by the Commission of the compromise reached and the Chambers decide on it.
In the event that the compromise decision is not adopted by both Chambers, the bill is returned to the initiator.
Article 96
The
authentic interpretation of laws shall be done by both Chambers of Parliament
acting jointly after the Supreme Court has given an opinion on the matter; each
Chamber shall decide on the basis of the majority referred to in Article 93 of
this Constitution.
The
authentic interpretation of the laws may be requested by the Government, a
member of one of the Chambers of Parliament or by the Bar Association.
Any
interested person may request the authentic interpretation of laws through the
members of Parliament or the Bar Association.
CHAPTER III : THE EXECUTIVE
Article 97
Executive
power shall be vested in the President of the Republic and the Cabinet.
Section one : The President of the Republic
Article 98
The
President of the Republic is the Head of State.
He or she
is the guardian of the Constitution and guarantees national unity.
He or she
guarantees the continuity of the State, the independence and territorial
integrity of the country and respect of international treaties and agreements.
The
President of the Republic has the right to address the Nation.
Article 99
A
candidate for the office of the Presidency of the Republic shall :
1°
be
of Rwandan nationality by origin;
2°
not
hold any other nationality;
3°
have
at least one parent of the Rwandan nationality by origin;
4°
have
irreproachable morals and probity;
5°
not
have been convicted and sentenced to a
term of imprisonment of six months or more;
6°
not
have been deprived of his or her civil and political rights;
7°
be
at least thirty five (35) years old on the date of submission of his or her
candidacy;
8°
be
resident in Rwanda at the time of submission of his or her candidacy.
Article 100
The
election of the President of the Republic shall be by universal suffrage
through a direct and secret ballot with a simple majority of the votes cast.
The
Supreme Court proclaims the final results of the election.
Article 101
The
President of the Republic is elected for a term of seven years renewable only
once.
Under no
circumstances shall a person hold the office of President of Republic for more
than two terms.
Article 102
Without
prejudice to the provisions of Article 196 of this Constitution, elections for
President are held not less than thirty days and not more than sixty days
before the expiration of the term of the incumbent President.
Article 103
An
organic law shall determine the procedure concerning the presentation of the
candidates for presidential elections, the conduct of elections, the counting
of ballots, the modalities of resolving election disputes and declaration of
results and the time within which the results shall be declared and other
matters which are necessary to ensure that elections are conducted well and
held in transparency.
Article 104
Without
prejudice to provisions of Article 196 of this Constitution, before assuming
the duties of office, the President of the Republic shall take the oath of
office before the President of the Supreme Court in the presence of both
Chambers of Parliament in these words:
« I,
. solemnly swear to
the Nation that I shall:
1°
diligently fulfil the responsibilities entrusted to me;
2°
remain loyal to the Republic of
Rwanda ;
3°
observe and defend the Constitution and the other laws;
4°
preserve peace, territorial integrity
and consolidate national unity;
5°
conscientiously fulfil my duties
without any discrimination;
6°
never
use the powers conferred upon me for personal ends;
7°
guarantee the respect of the freedoms
and fundamental rights of the human being and safeguard the interests of the
Rwandan people.
Should I fail to
honour this oath, may I face the rigours of law.
So help me God. »
Article
105
The
incumbent President of the Republic remains in office until his or her
successor assumes office.
However,
the incumbent President may not, during this period, exercise the following
powers :
1°
declaration
of war;
2°
declaration
of a state of emergency or a state of
siege;
3°
calling
a referendum.
In
addition, the Constitution shall not be amended during this period.
In the
event that the duly elected President of the Republic dies or is on account of
any reason permanently unable or otherwise chooses not to assume office, new
elections are held.
Article 106
The
office of the President of the Republic is incompatible with the holding of any
other elective public office, public function or any other civilian or military
employment or professional activities.
Article 107
In the
event of the death, resignation or permanent incapacity of the President of the
Republic, the President is replaced in an acting capacity by the President of
the Senate; in the absence of the President of the Senate, by the Speaker of
the Chamber of Deputies and in the absence of both, the duties of the President
are assumed in an acting capacity by the Prime Minister.
The
acting President of the Republic referred to in this article shall not make
appointments to public office, call a referendum, initiate an amendment to the
Constitution, excercise the prerogative of mercy or make a declaration of war.
In the
event that the office of the President of the Republic becomes vacant before
the expiry of the Presidents term, elections to replace him or her are
organized within a period not exceeding ninety days.
In the
case of the President of the Republic being out of the country, sick or
temporarily unable to perform his or her duties, his or her duties are assumed
by the Prime Minister.
Article 108
The
President of the Republic promulgates laws within fifteen days from the day on
which the laws are delivered to the Cabinet.
However,
the President of the Republic may before promulgation of laws request
Parliament to reconsider them.
In such a
case, should Parliament adopt the laws by, in the case of ordinary laws, a
majority of two thirds and in the case of the organic laws, a majority of
three-quarters, the President of the Republic must promulgate the laws within
the period referred to in paragraph one of this article.
Article 109
Upon the
proposal of the Cabinet and after receiving an advisory opinion of the Supreme
Court, the President of the Republic may call a referendum on issues of general
national interest, on a bill of an ordinary law, on a bill of an organic law or
decree relating to the signature of an international treaty or agreement which
is not inconsistent with the Constitution but has repercussions on functioning
of state institutions.
Should
the referendum adopt the proposal, the President of the Republic promulgates it
within a period of eight days as from the time of proclamation of the results
of the referendum.
Article 110
The
President of the Republic is the Commander-in-Chief of the Rwanda Defence
Forces.
He or she
declares war in accordance with the provisions of Article 136 of this
Constitution.
He or she
signs accords for armistice and peace agreements.
He or she declares a state of siege and
a state of emergency in accordance with the provisions of the Constitution and
the law.
The
President of the Republic has authority to exercise the prerogative of mercy in accordance with the procedure
determined by law and after consulting the Supreme Court on the matter.
He or she
has authority to mint money in
accordance with procedures determined by the law.
The
President of the Republic shall sign Presidential orders approved by the
Cabinet, and these orders are countersigned by the Prime Minister, Ministers,
Ministers of State and other members of the Government responsible for their
implementation.
He or she shall make appointments of senior public service and military offices as determined by the Constitution and other laws.
The
President of the Republic shall sign Presidential orders approved by Cabinet
regarding:
1° the prerogative of mercy;
2° the minting of money;
3° award of National Orders;
4° implementation of laws when it is his
or her responsibility;
5° the promotion and appointment of :
a) officers of the rank of General of the
Rwanda Defence Forces;
b) senior officers of the Rwanda Defence
Forces;
c) commissioners of the National Police;
d) senior officers of the National Police.
1° appointment and termination of services
of the following senior public servants :
a) the President and Vice-President of the
Supreme Court;
b) the Prosecutor-General of the Republic
and his or her Deputy;
c) the Director of Cabinet in the Office
of the President of the Republic;
d) the Chancellor of National Orders;
e) the Governor of the Central Bank;
f) the Rectors of public universities and
institutions of higher learning;
g) the Prefets of Provinces;
h) the head of the National Security
Service and his or her deputy ;
i)
the
Commissioners of the Commissions and heads of specialized institutions provided
for by the Constitution;
j) the Principal Private Secretary to the President of the Republic;
k) Advisors in the Office of the President
of the Republic;
l)
the
Ambassadors and representatives to international organizations;
m) such other senior public servants as
the law may determine as necessary.
The President of the Republic
represents the State of Rwanda in its relations with foreign countries and may
appoint persons to represent him or her.
The
President of the Republic accredits Ambassadors and Special Envoys to foreign
states.
Ambassadors accredited to Rwanda and
Special Envoys present their Credentials to the President of the Republic.
An
organic law determines the benefits accorded to the President of the Republic
and former Heads of State.
However,
where a President of the Republic has been convicted of high treason or grave
and deliberate violations of the Constitution, he or she is not entitled to
benefits due to former Heads of State.
Section 2 : The Cabinet
The Cabinet shall comprise the Prime Minister, Ministers, Ministers of State and other members who may be determined, if necessary, by the President of the Republic.
The Prime Minister shall be nominated,
appointed and removed from office by the President of the Republic.
Other members of Cabinet shall be
appointed and removed from office by the President of the Republic upon
proposal of the Prime Minister.
The
members of Cabinet are selected from political organizations on the basis of
their seats in the Chamber of Deputies without excluding the possibility of
appointing to Cabinet other competent people who do not belong to any political
organizations.
However, a political organization
holding the majority of seats in the Chamber of Deputies may not exceed 50 per
cent of all the members of the Cabinet.
The President of the Republic receives
the resignation of the Cabinet tendered by the Prime Minister.
The
Cabinet implements national policy agreed upon by the President of the Republic
and the Cabinet.
The Cabinet is accountable to the
President of the Republic and to the Parliament in accordance with the
provisions of this Constitution.
Article 118
The Prime
Minister shall :
1°
coordinate
the functioning of the Cabinet in accordance with broad guidelines set by the
President of the Republic and ensures the implementation of laws;
2°
formulate
the Government programme in consultation with other members of the Cabinet;
3°
present
the Government programme to the Parliament within thirty days of assuming
office;
4°
assign
duties to the Ministers, Ministers of
State and other members of the Cabinet ;
5°
convene
Cabinet meetings, draw up the agenda of the Cabinet in consultation with other
members of the Cabinet and communicates it to the President of the Republic and
other members of the Cabinet at least three days before the meeting, except in
matters of urgency which are considered by extraordinary meetings of the
Cabinet;
6°
preside
over the Cabinet meetings. However, where the President of the Republic is in
attendance, he or she shall preside;
7°
countersign
laws enacted by the Parliament and promulgated by the President of the
Republic;
8° appoint civil and military officers with the
exception of those appointed by the President of the Republic;
9°
sign
orders in respect of the appointment and promotion of junior officers of Rwanda
Defence Forces and the National Police ;
10°
sign
orders of the Prime Minister relating to the appointment and termination of
service of the following senior public servants :
a)
the
Director of Cabinet in the Prime Ministers Office;
b)
the
Secretary General in the Prime Minister's office;
c)
the
Vice-Governors of the Central Bank;
d)
the
Vice-Rectors of public universities and institutions of higher learning;
e)
Executive
Secretaries of commissions and provinces;
f)
Advisors
and heads of services in the Office of the Prime Minister;
g)
Secretary
Generals in Ministries;
h)
Directors
and other senior officers of public enterprises;
i)
members
of the Boards of Directors of public enterprises and parastatal organisations;
j)
Directors
and Heads of Divisions in Ministries and Provinces;
k) Prosecutors at the National and
Provincial levels as well as those of the City of Kigali;
l)
such
other senior public servants as may be specified by a law;
Other
public servants are appointed in accordance with specific laws.
Orders of
the Prime Minister are countersigned by the Ministers, Ministers of State and
other members of the Cabinet responsible for their implementation.
Article 120
Ministers,
Ministers of State and other members of Cabinet implements laws relating to
matters for which they are responsible by way of orders.
The Cabinet functions on the basis of
collective responsibility.
An order
of the President determines the Cabinets functioning, membership and
procedures for making decisions.
Article 121
The
Cabinet deliberates upon :
1° bills and draft decree-laws;
2° drafts of orders of the President, the
Prime Minister and Ministers;
3° any other matters in respect of which
the Constitution and other laws vest responsibility in the Cabinet.
A Presidential order shall determine certain Ministerial orders which are adopted without consideration by the Cabinet.
Article 122
The office of member of the Cabinet is
incompatible with any other professional activity or membership of Parliament.
A law
determines the remuneration and other benefits accorded to members of the
Cabinet.
Article 123
Before assuming office, the Prime Minister, ministers, ministers of state and other members of Cabinet shall take oath before the President of the Republic, Parliament and the Supreme Court.
Article 124
The resignation or vacation of the office of
the Prime Minister on account of any reason leads to resignation of other
members of the Cabinet.
The President of the Republic receives
the resignation of the Cabinet when it is submitted by the Prime Minister.
During such period, the Cabinet only
deals with routine business until a
new Cabinet is appointed.
Each
minister, minister of state or other member of the Cabinet may individually
tender in his or her resignation to the President of the Republic through the
Prime Minister.
The resignation becomes effective if,
within a period of five days, it is not withdrawn by the member of Cabinet
concerned and the President of the Republic has consented to it.
Section
3 : Public Administration
Public servants are recruited, posted
and promoted in conformity with the principle of equality of citizens, through
an objective, impartial and transparent system on the basis of the competence,
merit and integrity of applicants of both sexes.
The State guarantees the impartiality of the leadership of government departments, the Rwanda Defence Forces, the National Police and the National Security Service. They shall all, at all times, ensure impartiality and serve all citizens without discrimination.
CHAPTER
IV : RELATIONSHIP BETWEEN THE LEGISLATURE AND EXECUTIVE
The President of the Republic and the Prime
Minister shall be informed of the agenda of the sessions of each Chamber of
Parliament and of its Committees.
They may,
if need be, be accompanied by technical advisers of their choice.
Such technical advisers may only take
part in deliberations in Standing Committees.
The Chamber of Deputies shall employ the
following methods to obtain information and exercise oversight of activities of
the government.
1° oral questions;
2° written questions;
3° hearings before Committees;
4° Commissions of inquiry;
5° interpellation.
An organic law shall determine the
procedures by which Parliament obtains information and exercises oversight of government action.
Article 129
In the context of obtaining information and
exercising oversight of government action, members of the Senate may address
oral or written questions to the Prime Minister to which he or she shall either
respond in person if the questions relate to the government as a whole or to
many Ministries collectively or through the Ministers responsible for the
matters in question.
The
Senate may, in addition, set up commissions of inquiry for oversight of
government action.
However, it shall not conduct interpellation or initiate a motion of
no confidence.
The Chamber of Deputies may put the performance
of Cabinet or of one or several members into question through a vote of no
confidence.
A motion
of no confidence shall only be accepted after interpellation and only on
condition that the motion is signed by at least a fifth of the members of the
Chamber of Deputies in the case of a vote of no confidence against one member
of the Cabinet, or by at least a third of the members of the Chamber of
Deputies if it concerns the entire Cabinet.
A motion
of no confidence shall not be voted upon prior to the expiry of at least
forty-eight hours after its introduction and it shall be adopted through a
secret ballot by a majority of at least two-thirds of the members of the
Chamber of Deputies.
The conclusion of ordinary or
extraordinary sessions shall be postponed to ensure the application of the
provisions of this article.
A member of the Cabinet against whom a vote of
no confidence is passed shall tender
his or her resignation to the President of the Republic through the Prime
Minister.
When the vote of no confidence is passed
against the Government, the Prime Minister shall tender the resignation of the
Government to the President of the Republic.
Where a motion of no confidence is rejected,
signatories to the motion shall not introduce another motion for a vote of no
confidence during the same session.
Article 132
The Prime Minister may, upon the proposal of the Cabinet request the Chamber of Deputies to pass a motion on a vote of confidence either in respect of the Government programme or adoption of a bill.
The debate on the request for a vote of confidence may not take place prior to the expiry of at least three full days from the time the request was submitted.
A vote on the motion of confidence may only be rejected through a secret ballot by a majority of two-thirds of the members to the Chamber of Deputies.
In the event that the Prime Minister loses a vote of confidence, he or she submits the resignation of the Governement to the President of the Republic, within twenty four hours.
The President of the Republic, after
consultation with the Prime Minister, the President and Speaker of the two
Chambers of Parliament and the President of the Supreme Court, may dissolve the
Chamber of Deputies.
Elections
of Deputies shall take place within ninety days after the dissolution.
The President of the Republic shall not dissolve the Chamber of Deputies more than once in the same presidential term of office.
The Senate can not be dissolved.
Article 134
The Prime Minister is obliged to inform the
Chambers of Parliament of government activities whenever it is possible.
The Prime Minister communicates decisions of
the Cabinet and supporting documents to the Bureau of each Chamber of
Parliament within a period of not more than eight days from the date of the
meeting of the Cabinet.
Moreover, during the session period, one
sitting each week shall be devoted to questions by members of Parliament
addressed to members of Cabinet and responses thereto.
The Government is obliged to provide the
Chambers of Parliament with all necessary explanations on questions put to the
Government concerning its management and activities.
Article 135
The President of the Republic may address the Chambers of Parliament together or separately, either in person or by a message read on his or her behalf by the Prime Minister. There is no debate on such communication.
Should Parliament not be in session, it or
one of its Chambers is convened specially for the purpose.
Article 136
The President of the Republic has
the right to declare war and inform the Parliament within seven days.
Parliament adopts a vote on the matter by a simple majority of the members of
each Chamber.
A state of emergency and a state of siege shall
be governed by the law and declared by the President of the Republic, following
a decision of the Cabinet.
A declaration of state of siege or state of
emergency must give clear reasons which justify it, must specify the part of
national territory to which it applies and its consequences, must indicate the
rights, freedoms and guarantees provided by law which are suspended and the
duration of the state of siege or state of emergency which may not exceed a
period of fifteen days.
The state of siege or the state of emergency
cannot be extended beyond a period of fifteen days without the approval of
Parliament, which approval requires a majority of two-thirds of the members of
each Chamber.
During war time, when a state of siege or a
state of emergency has been declared, the duration of the state of siege may by
law be extended beyond the period provided for in the paragraph preceding this
one.
The duration of a state of siege must not
exceed the period strictly necessary to ensure the return of normal conditions
characterised by democracy.
A declaration of a state of siege or of
a state of emergency shall not under any circumstances violate the right to
life and physical integrity of the person, the rights accorded to people by law
in relation to their status, capacity and nationality; the principle of
non-retroactivity of criminal law, the right to legal defence and freedom of
conscience and religion.
A
declaration of a state of siege or of a state of emergency shall not under any
circumstance affect the powers of the President of the Republic, the Prime
Minister, Parliament or the Supreme Court nor can it modify the principles
relating to the responsibility of the State and of public officials provided
for in this Constitution.
No
elections of any kind may be held during or within a period of less than thirty
days after the state of siege or state of emergency.
A state of siege cannot be declared on the
entire or a part of the national territory unless the country has suffered or
is about to suffer aggression by foreign states, faces grave dangers or in the
case of destabilisation of the institutions established by this Constitution.
A state of emergency shall be declared on the
entirety or part of the national territory when the country faces a public disaster or constitutional
crisis whose gravity does not warrant the declaration of a state of siege.
During the period of a state of siege
or a state of emergency, the Chamber of Deputies cannot be dissolved and the
Chambers of Parliament shall be recalled immediately if they are in recess.
If at the
time of a declaration of a state of siege or of a state of emergency the
Chamber of Deputies has previously been dissolved or its term has expired , the
powers of Parliament relating to a state of siege or a state of emergency shall
be exercised by the Senate.
CHAPTER V : THE
JUDICIARY
Section one :
General Provisions
Judicial Power is exercised by the Supreme
Court and other courts established by the Constitution and other laws.
The Judiciary is independent and separate from the legislative and executive branches of government.
It enjoys financial and administrative
autonomy.
Justice is rendered in the name of the
people and nobody may be a judge in his or her own cause.
Judicial
decisions are binding on all parties concerned, be they public authorities or
individuals. They shall not be challenged except through ways and procedures determined by law.
Court
proceedings are conducted in public unless a court determines that the
proceedings should be in camera on the ground that a public hearing might have
an adverse effect on general public order or would outrage public morals.
Every court decision shall indicate the
grounds on which it is based, be written in its entirety and shall be delivered
in open court.
Courts apply orders and regulations
only where they are not inconsistent with the Constitution and other laws.
Without prejudice to the principle of
equality of litigants before the law, an organic law relating to organisation
and jurisdiction of courts shall determine institution of a single judge in
ordinary courts in first instance with the exception of the Supreme Court. The
same organic law shall provide for the procedure of application of the
provisions of this paragraph.
Unless the law otherwise provides, judges
confirmed in office shall hold tenure for life; they shall not be suspended,
transferred, even if it is for the purposes of promotion, retired prematurely
or otherwise removed from office.
In the exercise of their functions, judges
follow the law and only the law.
The law on the status of judges and other judicial personnel shall determine the remuneration and other benefits due to them.
Section 2 : Courts
Ordinary and specialized courts are hereby
established.
Ordinary Courts are the Supreme Court,
the High Court of the Republic, the Provincial Courts and the Court of the City
of Kigali, the District Courts and the Municipality and Town courts.
Specialized
courts, are the Gacaca courts and Military courts.
An
organic law may establish other specialized courts.
With the exception of the Supreme Court, ordinary courts may have specialised and/or itinerant chambers established by an order of the President of the Supreme Court upon proposal of the Supreme Council of the Judiciary.
Courts may sit in any locality within the limits of their territorial jurisdiction if the efficient administration of justice so requires and this does not prejudice the normal business of the courts at their permanent seats
However, no special courts shall be
created.
An organic law shall determine the
organisation, jurisdiction and the
functioning of Courts.
The
Supreme Court is the highest court in the country. The decision of the Supreme
Court are not be subject to appeal save in terms of petitions for the exercise
of the prerogative of mercy or revision of a judicial decision. Its decisions
are binding on all parties concerned whether such are organs of the State,
public officials, civilians, military, judicial officers or private individuals.
The
jurisdiction of the Supreme Court is provided for in this Constitution and
other laws and includes, inter alia :
1° hearing appeals against decisions of
the High Court of the Republic and the Military High Court rendered in their
first or appellate degrees as provided for by the law;
2° ensuring that Courts act in accordance
with the law, coordinating and supervising their activities;
3° ruling on the constitutionality of
organic laws and laws establishing the internal regulations of each Chamber of
Parliament before their promulgation;
4° upon the request of the President of
the Republic, the President and Speaker of the Chambers of Parliament or
one-fifth of members of the Chamber of Deputies or the Senate, the Supreme
Court examines whether international treaties and agreements and laws are not
inconsistent with the Constitution and issues an advisory opinion before organs
concerned take a decision;
5° hearing petitions on the
constitutionality of laws and decree-laws;
6° resolving upon request, disputes
relating to powers arising between different state organs;
7° hearing election petitions relating to
referendum, presidential and legislative elections;
8° trying in the first and last instance criminal cases against the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court and the Prime Minister;
9° administering the oath of office taken
by the President of the Republic and the Prime Minister before assumption of
their duties;
10° trying the President of the Republic on
charges of high treason or grave and deliberate violation of the Constitution. In such
case, the decision to file charges against the President of the Republic with
the Supreme Court shall be taken through a vote of both Chambers of Parliament
meeting in joint session, by a two-thirds majority vote of members of each
Chamber;
11° declaring vacant of office of the
President of the Republic in case of the Presidents death, resignation or
conviction and sentence for high treason or grave and deliberate violation of
the Constitution ;
12° on matters relating to the organisation
of the judiciary, the Supreme Court may propose to the Government a bill of any
nature amending existing law in public interest;
13° to provide authentic interpretation of
custom which is unwritten and in respect of which the written law is silent.
The organic law shall determine the
organization and functioning of the Supreme Court.
Article 146
The
Supreme Court is headed by a President, assisted by a Vice-President and twelve
other judges.
They
shall all be career judges.
Where necessary, an organic law may
increase or reduce the number of Judges of the Supreme Court.
Article 147
The
President and Vice-President of the Supreme Court are elected by the Senate for
a single term of eight years by simple majority vote of members from two
candidates in respect of each post proposed by the President of the Republic
after consultation with the Cabinet and the Supreme Council of the Judiciary.
They are
appointed by a Presidential order within eight days of the vote of the Senate.
They
shall be holders of at least a Bachelor of Laws degree and have working
experience of fifteen years in the legal profession and proven ability of
management at high-levels of institutions. Holders of doctoral degrees in law
shall have at least seven years of experience in the legal profession.
They may
be removed from office on account of undignified behaviour, incompetence or
serious professional misconduct upon the petition of three fifths of either the
Chamber of Deputies or the Senate and a two-thirds majority vote of each
Chamber.
Article 148
The
President of the Republic, after consultation with the Cabinet and the Superior
Council of the Judiciary, shall submit to the Senate a list of candidates for
appointment as judges of the Supreme Court. The list shall have two candidates
per post in respect of which there is an election. The candidates shall be
elected by an absolute majority vote of the members of the Senate.
B. The High Court of the Republic
Article 149
There is
hereby establish the High Court of the Republic whose territorial jurisdiction
is the whole country.
It has
jurisdiction to try in the first instance certain serious offences committed in
Rwanda as well as some offences committed outside Rwanda as specified by the law.
It hears
in the first instance cases relating to the violation of Articles 52, 53 and 54
of the Constitution committed by political organizations.
It also
has jurisdiction to hear in the first instance certain cases involving
administrative law, political organizations, elections and such other cases as
an organic law may determine.
It also
hears, as a court of last instance, appeals against decisions of lower courts
as determined by law.
It shall
have specialized chambers which sit in different parts of the country as
determined by law.
An
organic law shall determine the organization, jurisdiction and functioning of
the High Court of the Republic.
C. The Provincial Court and the Court of the
City of Kigali
Article 150
There is
hereby established a Provincial Court in each Province of the country and a
Court of the City of Kigali.
An
organic law shall determine the organization, jurisdiction and functioning of
Provincial Courts and the Court of the City of Kigali.
D. The District, Municipality and Town Court
Article 151
There is
hereby established a District, Town and Municipality Court respectively in each
District, Town and Municipality in the country.
An organic law shall determine the
organization, jurisdiction and functioning of these courts.
Sub-section 2 : Specialized Courts
A. Gacaca Courts and the National Service for
the follow-up of their activities
Article 152
There is
hereby established Gacaca Courts responsible for the trial and judgment of
cases against persons accused of the crime of genocide and crimes against
humanity which were committed between October 1st 1990 and December
31st 1994 with the exception of cases jurisdiction in respect of
which is vested in other courts.
An
organic law shall determine the organization, jurisdiction and functioning of
Gacaca Courts.
A law shall establish a National
Service charged with the follow-up, supervision and coordination of activities
of the Gacaca Courts. This body shall enjoy administrative and financial
autonomy. This law shall also
determine its duties, organization and functioning.
B. Military Courts
Article 153
Military
courts comprise of the Military Tribunal and the Military High Court.
An
organic law determines the organization, jurisdiction and functioning of
Military courts.
1. The Military Tribunal
Article 154
Without
prejudice to the provisions of Article 155 paragraph one, the Military Court
tries in the first instance all offences committed by military personnel
irrespective of their rank.
2. The Military High Court
Article 155
The
Military High Court shall try in the first instance, all offences which
constitute a threat to national security and murder committed by soldiers
irrespective of rank.
The
Military High Court is an appellate court in respect of decisions rendered by
the Military Tribunal.
The Supreme Court shall hear appeals against
decisions of the Military High Court in accordance with the provisions of the
law.
Sub-section 3 : Oath of office of judges
Article 156
The
President, Vice President and Judges of the Supreme Court shall take the oath
of office before the President of the Republic in the presence of the members
of Parliament.
Other
Judges shall take oath before authorities indicated by the law that governs
them.
Section 3 : The
Superior Council of the Judiciary
Article 157
There is
hereby established a Supreme Council of the Judiciary which has the following
functions :
1 ° to
examine and, either on its own initiative, or upon request by another organ, to
give advice on matters relating to the functioning of the justice system;
2° to take decisions relating to the
appointment, promotion or removal from office of judges and management of the
career in general and discipline of judges with the exception of judges of the
military courts and President and Vice-President of the Supreme Court;
3° to advise on all proposals relating to
the establishment of a new court or bill governing the status of judges and
other judicial personnel for whom it is responsible.
The President of the Supreme Court
signs the orders of appointment, promotion and removal from office of judges
and personnel of the Supreme Court.
Article 158
The
Supreme Council of the Judiciary is
composed of :
1°
the
President of the Supreme Court, who is the chairperson;
2°
the
Vice-President of the Supreme Court;
3°
a
judge of the Supreme Court elected by his or her peers;
4°
the
President of the High Court of the Republic;
5°
one
Judge from each Provincial Court and the City of Kigali court elected by his or her peers;
6°
one
Judge of a District, Municipality or Town Court elected by his or her peers
from the territorial jurisdiction of each Provincial Court and the Kigali City
Court;
7°
two
deans of the Faculties of Law of recognized universities elected by their
peers;
8°
the
President of the National Commission of Human Rights;
9°
the
Ombudsman.
An organic law shall determine the organisation, powers and functioning of the Supreme Council of the Judiciary.
Section
4 : The Mediators
Article 159
There is
hereby established in each Sector a Mediation Committee" responsible for
mediating between parties to certain disputes involving matters determined by
law prior to the filing of a case with the court of first instance.
The Mediation
Committee shall comprise of twelve residents of the Sector who are persons of
integrity and are acknowledged for their mediating skills.
They
shall be elected by the Executive Committee and Councils of Sectors from among
persons who are not members of decentralized local government or judicial
organs for a term of two years which may be extended. Parties to a dispute
shall choose three of the mediators to whom they shall submit their case for
mediation.
The
Mediators shall record minutes of the terms of the proposed settlement of the
case referred to them. Such minutes bear the signature of both the mediators
and seal of the institution of mediators. The parties to the dispute are
provided with a copy of the minutes.
Any party
to the dispute who is dissatisfied with the settlement may refer the matter to
the Courts of law. Such matter shall not be admissible by the court of first
instance without prior production of the minutes of the settlement proposal of
the mediators.
.
An
organic law shall determine the organization, powers and functioning of Mediation Committee.
TITLE V
PUBLIC PROSECUTION
CHAPTER ONE : PARQUET GENERAL OF THE REPUBLIC
Article 160
There is
hereby established a National Prosecution Service known as the Parquet Gιnιral
of the Republic responsible inter alia, for the investigation and prosecution
of crimes committed in Rwanda.
The
prosecution service shall enjoy administrative and financial autonomy.
Article
161
The prosecution service shall comprise the office of the Prosecutor General of the Republic and an office at the level of the Province and the City of Kigali.
The Office of the Prosecutor General shall
comprise the Prosecutor General, the Deputy Prosecutor General and Prosecutors
with jurisdiction over the whole country.
The prosecution service in each Province and City of Kigali shall comprise of the Provincial Prosecutor and the Prosecutor of Kigali City as well as other prosecutors who assist them.
The
Prosecutor General of the Republic shall direct and coordinate the activities
of the prosecution service. With the assistance of the prosecutors in his or
her office, he or she shall be responsible for prosecutions before the Supreme
Court and the High Court of the Republic in accordance with provisions of the
law.
He or she
shall be represented in each province and the City of Kigali by a Provincial or
the City of Kigali Prosecutor who assisted by other prosecutors under them,
shall be responsible for prosecutions before the Provincial and the City of
Kigali courts.
The
Prosecutor General of the Republic may give written instructions to any
Prosecutor. However, he or she has no power to give instructions to a
Prosecutor at the Province and City of Kigali levels to refrain from
prosecuting any person and to defer the matter to himself or herself.
Article 162
The
prosecution service shall be under the authority of the Minister having Justice
in his or her functions.
In
matters relating to the prosecution of offences, the Minister having Justice in
his or her functions shall determine general policy and may, in public
interest, issue written instructions to the Prosecutor General to undertake or
refrain from investigations and prosecution of an offence.
He or she
may also, in cases of urgency and in public interest, issue written
instructions to any prosecutor to investigate and prosecute or refrain from
investigating and prosecuting an offence and inform the Prosecutor General of
the Republic of such instructions.
Prosecutors
shall be independent from parties to judicial proceedings and judges.
An
organic law shall determine the organization, powers and functioning of the
Prosecution service and shall also institute laws governing the status of
prosecutors and other personnel of the prosecution service.
CHAPTER II : MILITARY PROSECUTION
DEPARTMENT
Article 163
There is
hereby established the Military Prosecution Department responsible for the
prosecution of offences committed by persons subject to the jurisdiction of
military courts. It investigates and prosecutes offences before military
courts.
Article 164
The
Military Prosecution Department is headed by the Military Prosecutor General
assisted by the Deputy Military Prosecutor General.
An
organic law determines the organization, powers and functioning of the military
prosecution department.
CHAPTER III : THE SUPREME COUNCIL OF THE
PROSECUTION
Article 165
There is
hereby instituted the Supreme Council of the Prosecution Service.
The
Supreme Council of the Prosecution comprises of the following members :
1° the Minister of Justice, who is the
Chairperson as of right;
2° the Prosecutor General of the
Republic;
3° the Deputy Prosecutor General of the
Republic;
4° A National Prosecutor elected by his
or her peers;
5° the Commissioner General of National
Police;
6° the President of the National
Commission of Human Rights;
7° the Military Prosecutor General and
his or her deputy;
8° prosecutors from each province and
City of Kigali elected by and representing their peers at the Provincial and
the City of Kigali level;
9° two deans of the Faculties of Law of
recognised universities elected by their peers;
10° the President of the Bar
Association;
11° the Ombudsman.
An
organic law shall determine the organization, powers and functioning of the
Supreme Council of the Prosecution Service.
Article 166
The
Prosecutor General of the Republic and the Deputy Prosecutor General of the
Republic shall take the oath of office before the President of the Republic in
the presence of the Members of Parliament.
Other
prosecutors shall take oath before the authorities specified by the law.
TITLE VI :
THE DECENTRALISED
AUTHORITIES.
CHAPTER ONE : GENERAL PROVISIONS
Article 167
Public
administration shall be decentralized in accordance with the provisions of the
law. Decentralized organs shall fall under the Ministry having local government
in its functions.
Districts,
Municipalities, Towns and the City of Kigali are decentralized entities with
legal status and administrative and financial autonomy and are the foundation
of community development.
They
shall be entitled to become members of national and international organisations
which promote development through decentralisation.
A law
determines the establishment, boundaries, functioning of and collaboration
between these organs and various other organs which have a role in the
administration and development of the country. A law shall also determine the
manner in which the Government transfers powers property and other resources to
decentralized entities.
CHAPTER II : THE NATIONAL DIALOGUE COUNCIL
Article 168
There is
hereby established a National Council of Dialogue. It shall bring together
the President of the Republic and 5 representatives of each District,
Municipality and Town Council designated by their peers. It shall be chaired by
the President of the Republic and be attended by members of the Cabinet and
Parliament, the Prefets of provinces and the Mayor of the City of Kigali and
such others as may be determined by the President of the Republic.
The Council shall meet at least once a
year. It shall debate, among others, on issues relating to the state of the
Nation, the state of local governments and national unity.
Resolutions
of the Council are submitted to the concerned state institutions to enable them
to improve their services to the population.
TITLE VII
NATIONAL DEFENCE AND SECURITY
Article 169
The State
has the following security organs :
1°
The
National Police;
2°
The
National Security Service;
3°
The
Rwanda Defence Forces.
A law may
determine other security organs.
CHAPTER ONE : THE NATIONAL POLICE
Article 170
The
National Police exercises its authority over the entire national territory.
It must
serve the people particularly on the basis of the following principles :
1°
safeguarding
the fundamental rights guaranteed by the Constitution and the law ;
2°
harmonious
collaboration between the National Police and the community which it
serves ;
3°
the
accountability of the National Police to the community ;
4°
informing
the population on how the Police is fulfilling its mission.
Article 171
The National Police has the following functions :
1°
ensuring
compliance with the law ;
2° maintenance of internal public order ;
3° ensuring security of person and
property;
4° providing urgent humanitarian
assistance in case of disasters, calamities and accidents;
5° ensuring respect for the law relating to air space, borders and waters;
6°
combating
terrorism ;
7°
participating
in international peace keeping missions, humanitarian assistance and training.
The law
determines the organization, functioning and powers of the National Police.
CHAPTER II : THE NATIONAL SECURITY SERVICE
Article 172
There is hereby established a National
Security Service. Its responsibilities shall include, inter alia :
1° organizing and supervising intelligence
inside and outside the country;
2° analysing the impact of international
affairs on national security;
3° dealing with all issues relating to
immigration and emigration;
4° advising the Government on all issues
concerning national security.
The law
determines the organisation, functioning and powers of the National Security
Service.
III : RWANDA
DEFENCE FORCES
Article 173
National
defence is the responsibility of a professional army known as the "Rwanda
Defence Forces". It has the following duties :
1°
to
defend the territorial integrity and national sovereignty of the Republic;
2°
to
collaborate with other security organs in safeguarding public order and
enforcement of the law;
3°
to
participate in humanitarian activities
in case of disasters;
4°
to
contribute to the development of the country;
5°
to
participate in international peace keeping missions, humanitarian assistance
and training.
A law
determines the organization and powers of the Rwanda Defence Forces.
Article 174
The Chief
of General Staff shall be responsible for the operations and general
administration of the Rwanda Defence Forces.
The
Government of Rwanda can, demobilize some members of the armed forces if deemed
necessary or reduce the size of Rwanda Defence Forces.
A law
shall determine procedures for such actions.
TITLE VIII
SPECIAL COMMISSIONS AND ORGANS
CHAPTER ONE : GENERAL PROVISIONS
Article 176
There are
hereby established Commissions and specialized organs with responsibility of
helping in resolving major issues facing the country.
An organic law may establish other Commissions and specialized organes.
CHAPTER II
: THE NATIONAL COMMISSION FOR HUMAN RIGHTS
Article 177
The
National Commission for Human Rights shall be an independent national
institution. Its responsibilities shall include the following :
1° educating and mobilizing the
population on matters relating to human rights;
2°
examining
the violations of human rights committed on Rwandan territory by State organs,
public officials using their duties as cover, by organizations and by
individuals;
3°
carrying
out investigations of human rights abuses in Rwanda and filing complaints in
respect thereof with the competent courts;
4°
preparing
and disseminating an annual and other reports as may be necessary on the
situation of human rights in Rwanda;
The National
Commission for Human Rights submits each year its program and activity report
to the Parliament and provides copies thereof to such State organs as may be
determined by a law.
A law
shall determine matters relating to the organization and the functioning of the
Commission.
CHAPTER III : THE NATIONAL UNITY
AND RECONCILIATION COMMISSION
Article 178
The
National Unity and Reconciliation Commission is an independent national
institution. Its responsibilities include particularly the following :
1°
preparing
and coordinating the national programme for the promotion of national unity and
reconciliation;
2°
putting
in place and developing ways and means to restore and consolidate unity and
reconciliation among Rwandans;
3°
educating
and mobilizing the population on matters relating to national unity and
reconciliation;
4°
carrying
out research, organizing debates, disseminating ideas and making publications relating to peace, national unity and
reconciliation;
5°
making
proposals on measures that can eradicate divisions among Rwandans and to
reinforce national unity and reconciliation;
6°
denouncing
and fighting against acts, writings and utterances which are intended to
promote any kind of discrimination, intolerance or xenophobia;
7°
making
an annual report and such other reports as may be necessary on the situation of
national unity and reconciliation.
The
National Unity and Reconciliation Commission shall submit each year its program
and activity report to the President of the Republic and the Senate and provide
a copy thereof to such other State organs as may be determined by law.
An
organic law shall determine the organization and functioning of the Commission.
CHAPTER IV : THE NATIONAL COMMISSION FOR THE FIGHT AGAINST GENOCIDE
Article 179
The
National Commission For the Fight Against Genocide shall be in an independent
national organ. Its responsibilities include the following :
1°
to
organize a permanent framework for the exchange of ideas on genocide, its
consequences and the strategies for its prevention and eradication;
2°
to
initiate the creation of a national research and documentation centre on
genocide;
3°
to
advocate for the cause of genocide survivors both within the country and
abroad;
4°
to
plan and coordinate all activities aimed at commemoration of the 1994 genocide;
5°
to
liaise with other national and international institutions with a similar
mission;
The
National Commission For the Fight Against Genocide submits, each year, its
program and activity report to the Parliament and provides copies thereof to
other State organs determined by law.
The law shall determine the organization and functioning of
the Commission.
CHAPTER V : THE NATIONAL ELECTORAL COMMISSION
Article 180
The
National Electoral Commission is an independent commission responsible for the
preparation and the organization of local, legislative, presidential and
referendum or such other elections the responsibility for the organization of
which the law may vest in the Commission.
It
ensures that elections are free and fair.
The
National Electoral Commission submits each year its program and activity report
to the Parliament and submits copies thereof to such other State organs
determined by law.
A law
determines the organization and functioning of the commission.
CHAPTER VI : THE PUBLIC SERVICE COMMISSION
Article 181
The
Public Service Commission shall be an independent public institution. Its
responsibilities shall include the following:
1°
the
recruitment and appointment of public servants in Central Government and other
public institutions;
2°
the
submission of names of candidates to the institutions concerned for employment,
appointment and promotion of candidates who fulfil all the required conditions
and have the most suitable qualifications for the job for which they have
applied, taking into account the record of their conduct;
3°
the
establishment of an appropriate system of recruitment of candidates which is
objective, impartial, transparent and equitable for all ;
4°
carrying
out research on the laws, regulations, human resource requirements, the terms
of reference of posts and any other matters relating to the management and development of human resources
and advise the Government accordingly;
5° submitting to the organs concerned
proposals on appropriate disciplinary actions against employees in accordance
with the law in force;
6° providing technical assistance to State
organs and public enterprises governed by special statutes using the expertise
which it has by virtue of its
functions referred to in this article.
The management and personnel of the
Commission are prohibited from seeking or accepting instructions from private
persons or public officials from outside the Commission.
The
Public Service Commission submits each year its program and activity report to
the Parliament and Cabinet and provides copies thereof to other State organs
determined by law.
The law
shall determine the organization and functioning of the Commission.
CHAPTER VII : THE
OFFICE OF THE OMBUDSMAN
Article 182
The
Office of the Ombudsman shall be an independent public institution.
Its
responsibilities shall include the following:
1°
acting
as a link between the citizen and public and private institutions ;
2°
preventing
and fighting against injustice, corruption and other related offences in public
and private administration;
3°
receiving
and examining, in the aforementioned context, complaints from individuals and
independent associations against the acts of public officials or organs, and
private institutions and to mobilise these officials and institutions in order
to find solutions to such complaints if they are well founded.
The Office shall not involve itself in the investigation or adjudication
relating to matters which are subjudice except that it may submit to the courts
or the prosecution service the complaints which it has received, in which case
those organs are required to respond to the office.
4°
receiving
the faithful declaration of assets of the President of the Republic, the
President of the Senate, the Speaker of the Chamber of Deputies, the President
of the Supreme Court, the Prime Minister and other members of the Cabinet upon
taking up and on leaving office.
The
Office of Ombudsman shall submit each year its program and activity report to
the President of the Republic and to Parliament and submit copies thereof to
other State organs determined by law.
The law
shall determine the organization and functioning of the Office.
CHAPTER VIII : THE
OFFICE OF THE AUDITOR-GENERAL OF STATE FINANCES
Article 183
The
Office of the Auditor General of State Finances is an independent national
institution responsible for the audit of state finances.
It is
vested with legal personality and has financial and administrative autonomy.
The
office is headed by the Auditor General assisted by a Deputy Auditor General
and other necessary personnel.
The
responsibilities of the Office includes the following :
1°
auditing
objectively whether revenues and expenditures of the State as well as local
government organs, public enterprises and parastatal organizations, privatised
state enterprises, joint enterprises in which the State is participating and
government project were in accordance with the laws and regulations in force
and in conformity with the prescribed justifications;
2°
auditing
the finances of the institutions referred to above and particularly verifying
whether the expenditures were in conformity with the law and sound management
and whether they were necessary;
3°
carrying
out all audits of accounts, management, portfolio and strategies which were
applied in institutions mentioned above.
No person
shall be permitted to interfere in the functioning of the Office or to give
instructions to its personnel or to cause them to change their methods of work.
Article 184
Without
prejudice to the provisions of Article 79 of this Constitution, the
Auditor-General shall submit each year to each Chamber of Parliament, prior to
the commencement of the session devoted to the examination of the budget of the
following year, a complete report on the implementation of the State budget of
the previous year. This report must indicate the manner in which the budget was
utilized, unnecessary expenses which were incurred or expenses which were
contrary to the law and whether there was misappropriation or general
squandering of public funds.
A copy of
the report shall be submitted to the President of the Republic, Cabinet,
President of the Supreme Court and the Prosecutor General of the Republic.
The
Parliament may instruct the Office of the Auditor General to carry out a
financial audit of any institution of the State or with regard to the use of
funds provided by the State.
The
institutions and public officials to which the report of the Auditor General is
addressed are obliged to implement its recommendations by taking appropriate
measures in respect of the irregularities and other shortcomings which were
disclosed.
The law
determines the organization and functioning of the Office of the Auditor
General of State Finances.
CHAPTER IX : THE "GENDER" MONITORING
OFFICE
Article 185
A Gender
Monitoring Office is hereby established.
The
Gender Monitoring Office shall be an independent public institution whose
responsibilities include the following :
1°
to
monitor and supervise on a permanent basis compliance with gender indicators of
the programme for ensuring gender equality and complementality in the context
of the vision of sustainable development and to serve as a reference point on
matters relating to gender equality and non discrimination for equal
opportunity and fairness;
2°
to
submit to various organs recommendations relating to the program for the
promotion of gender equality and complementality for national development.
The
gender Monitoring Office shall submit each year its program and activity report
to the Cabinet and submits copies thereof to other State organs determined
by law.
The law shall determine its functions,
organization and operation.
CHAPTER X : CHANCELLERY FOR HEROS AND NATIONAL
ORDERS
Article 186
There is
hereby established a Chancellery for Heros and National Orders.
A law shall determine its functions,
organization and operation.
TITLE IX
NATIONAL COUNCILS
CHAPTER ONE : NATIONAL COUNCIL OF WOMEN
Article 187
There is
hereby established a National Council of Women.
The law shall determine its
organization, functions, operation and its relations with other State organs.
CHAPTER
II : THE NATIONAL YOUTH COUNCIL
Article 188
There is
hereby established a National Youth Council.
A law
shall determine its organization, functions, operation and its relations with
other state organs.
TITLE X
INTERNATIONAL TREATIES AND AGREEMENTS
Article 189
The
President of the Republic negotiates international treaties and agreements and
ratifies them. The Parliament is notified of such treaties and agreements
following their conclusion.
However,
peace treaties and treaties or agreements relating to commerce and
international organizations and those which commit state finances, modify
provisions of laws already adopted by Parliament or relate to the status of
persons, can only be ratified after authorisation by Parliament.
It is not permitted to cede or exchange part
of the territory of Rwanda or to join to Rwanda part of another country without
the consent of the people by referendum.
The
President of the Republic and Parliament shall be notified of all negotiations
relating to treaties and international agreements which are not subject to
ratification by the President of the Republic.
Article 190
Upon
their publication in the official gazette, international treaties and agreements
which have been conclusively adopted in accordance with the provisions of law
shall be more binding than organic laws and ordinary laws except in the case of
non compliance by one of parties.
It is
prohibited to make international agreements permitting foreign military bases
on the national territory.
It is
prohibited to make international agreements permitting the transit or dumping
of toxic waste and other hazardous materials capable of endangering public
health and the environment.
Article 192
In the
event that the Supreme Court, upon request by the organs referred to in article
145 paragraph 4° of this Constitution, rules that an international treaty
contains provisions which are inconsistent with the Constitution, the
authorisation to ratify the treaty or agreement cannot be granted until the
Constitution is amended.
TITLE XI
AMENDMENT OF THE CONSTITUTION
Article 193
The power
to initiate amendment of the Constitution is vested concurrently in the
President of the Republic upon the proposal of the Cabinet and each Chamber of
Parliament upon a resolution passed by a two thirds majority vote of its
members.
The
passage of a constitutional amendment requires a three quarters majority vote
of the members of each chamber of Parliament.
However, if the constitutional amendment
concerns the term of the President of the Republic or the system of democratic
government based on political pluralism, or the constitutional regime
established by this Constitution especially the republican form of the
government or national sovereignty, the amendment must be passed by referendum,
after adoption by each Chamber of Parliament.
No amendment to this article is
permitted.
TITRE XII
FINAL AND TRANSITIONAL PROVISIONS
CHAPTER ONE : TRANSITIONAL PROVISIONS
Article 194
The referendum on the adoption and
promulgation of this Constitution shall take place before July 19, 2003.
The promulgation shall mark the end of the transition period.
Article 195
The
institutions provided for by the Fundamental Law of the Transitional Period
remain in force until the establishment of the corresponding institutions
provided for in this Constitution. However, the President of the Republic shall
dissolve the National Transitional Assembly at least one month prior to the
holding of elections for members of the Chamber of Deputies.
The Transitional National Assembly shall not
amend this Constitution.
Article 196
Presidential
and parliamentary elections must be held not later than six months after the
referendum on this Constitution.
The elected President of the
Republic shall be sworn in no later than one month after his or her election.
His or her oath of office shall be administered by the President of the Supreme
Court.
Article 197
Members of the Senate shall be sworn
in not later than two months after the swearing in of the President of the
Republic.
However, during the first term of
the Senate, one half of Senators referred to in Article 82, 2° and 82, 3° shall
be appointed at the very start of the term and the other half shall be
appointed after one year for a term of office of eight years.
Members of the Chamber of Deputies
shall be sworn in not later than fifteen (15) days after their election.
Article 198
The
appointment of the Prime Minister
shall be made not later than fifteen
days following the swearing in of the members of the Chamber of Deputies.
The
Cabinet shall be set up not later than fifteen days (15) following the swearing
in of the Prime Minister.
Article 199
The
President, Vice-President of the Supreme Court, the Prosecutor General of the
Republic and the Deputy Prosecutor General of the Republic shall be elected by
the Senate not later than two months after it is formed.
CHAPTER II : FINAL PROVISIONS
Article 200
The
Constitution is the supreme law of the State.
Any law which is contrary to this Constitution is null and void.
Article 201
Laws and
regulations can only enter into force after they have been duly published in
accordance with the procedures determined by the law.
Ignorance of
a law which has been duly published
is not a defence.
Unwritten
customary law remains applicable as long as it has not been replaced by written
laws, is not inconsistent with the Constitution, laws and regulations, and does
not violate human rights, prejudice public order or offend public decency and
morals.
This
Constitution abrogates and replaces the Fundamental Law of the Republic of
Rwanda governing the transitional period as amended to date.
All legislation in force shall remain
applicable as long as its provisions are not contrary to this Constitution.
Article 203
This
Constitution, adopted by referendum of
2003 comes into force on the date of
its promulgation by the President of the Republic and is duly published in the
Official Gazette of the Republic of Rwanda.
Kigali, on
.
The President of the Republic
KAGAME Paul
The Prime Minister
MAKUZA Bernard
Seen and sealed with the Seal of the
Republic :
The Minister of Justice and
Institutional Relations