ORGANIC LAW N° 17/2003 OF
07/7/2003 GOVERNING PRESIDENTIAL AND PARLIAMENTARY ELECTIONS
President of the Republic;
THE TRANSITIONAL NATIONAL
ASSEMBLY HAS ADOPTED AND WE SANCTION, PROMULGATE THIS ORGANIC LAW AS DECLARED
BY THE SUPREME COURT TO BE IN HARMONY WITH THE CONSTITUTION, IN ITS RULING N°
018/11.02/03
PASSED ON 03/7/2003 AND ORDER IT TO BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE
REPUBLIC OF RWANDA.
The Transitional National Assembly, meeting
in its session of 26 June, 2003;
Given the Constitution of the Republic of
Rwanda, especially in its Articles 75, 78, 93, 103, 108, 118-7°, 121-1°, 195
and 201;
Having reviewed law n° 18/1983 of 27 August
1983 modifying the law of 5 July 1967 on Organization of Elections;
ADOPTS :
CHAPTER ONE : GENERAL PROVISIONS
SECTION ONE : ELECTIONS IN GENERAL
Article
One :
This organic law shall govern both
presidential and parliamentary elections.
Article
2 :
Political organizations may participate in
voting and contesting in elections. The modalities of conducting elections are
determined by this organic law in respect of each type of election.
Article
3 :
Suffrage is universal and equal for all
Rwandan Citizens.
Suffrage is direct or indirect and secret.
Article
4 :
Presidential and parliamentary elections
are organised and conducted by the National Electoral Commission in accordance
with the provisions of Article 180 of the Constitution. In the performance of
their functions, officials of the said Commission act impartially.
Article
5 :
Persons entitled to vote are all Rwandans
who are at least 18 years of age as of the date of elections, registered on the
electoral list within the period specified by the National Electoral Commission
and have not been deprived of their civil and political rights by a court of
law or excluded from voting by any of
the limitations provided for by Article 10 of this organic law.
Article
6 :
There shall be established an electoral
list in each cell and at each embassy.
Article
7 :
Nobody shall be permitted to vote unless he
or she has been registered on the electoral list in accordance with Article 6
of this organic law.
Article
8 :
Persons allowed to register as voters on
the electoral list of a cell are all Rwandans who have attained the voting age
or will have attained it on the day of elections and are domiciled or are
temporarily resident in the cell.
Inscription of a voter upon the electoral list is made
upon presentation of identity documents issued by a competent authority.
Article
9 :
Persons allowed to register on the
electoral list of an Embassy of the Republic of Rwanda are Rwandans who are not
refugees and have attained the voting age or will have attained it on the
election day.
Inscription of a voter upon the electoral list is made
upon presentation of identity documents issued by a competent authority.
Article
10 :
The following persons are prohibited from
registering on the electoral list :
1° persons who have been deprived of their
right to vote by competent courts of law and have not been rehabilitated or
have not been granted amnesty in accordance with the law;
2° persons who have been convicted of the
crime of genocide or crimes against humanity
who are in categories one, two or three;
3° persons who have confessed to the crime
of genocide or crimes against humanity
who will be placed in categories one, two or three;
4° persons who have been convicted for murder
and manslaughter;
5° refugees;
6° prisoners.
Article
11 :
Every Rwandan who fulfils the requirements
determined by the law should register on an electoral list before closure of
the list.
No person
may register on several electoral lists, or several times on the same
electoral list.
Registration and voting by students at
boarding schools, military and police personnel
and such other people in respect of whom it is evidently imperative to
register and vote in a place other than the places where they had registered as
voters shall be done in accordance with
the instructions issued by the President of the National Electoral Commission.
Persons who are hospitalised and unable to
present themselves for registration on account of illness or because they are
in isolation are permitted not to register on the electoral list.
Article
12 :
The dates for
commencement and closure of registration of voters on the electoral list are
determined by instructions of the President of the National Electoral
Commission.
Article
13 :
The electoral list is permanent. It is
revised before each election unless the election is being held less than two
(2) months after the previous one.
Article
14 :
In each cell and Embassy, registration on
the electoral list is carried out by
officials appointed by the National Electoral Commission under the supervision
of the Coordinator of the cell or the Ambassador.
Every political organization which is duly
registered according to the law may appoint a representative at each
registration centre to verify whether voter registration is being carried out
according to the law.
Article
15 :
Every person registered on the electoral
list is issued with a voter’s card which he or she presents at the time of
voting in order to be allowed to vote.
The voter’s card is personal and cannot be
transferred or lent to another person. Any alterations made on a voter’s card
renders it invalid.
Article
16 :
A voter’s card may only be replaced upon
the holder’s request in case of the card being damaged, lost or completely used
up.
Article
17 :
The National Electoral Commission may, if
necessary, order the replacement of all or some of the voters’ cards. In such
event, the issuance of the new voters’ cards must be completed within the
period determined by the National Electoral Commission.
Article
18 :
The electoral lists shall be publicly
displayed at the offices of each Sector or Embassy before the elections to
enable registered voters to verify
whether the list does not contain errors. The National Electoral Commission
determines the duration which the display of the lists lasts.
Article
19 :
Any Rwandan may file a complaint relating
to his or her registration on or removal from the electoral list. The complaint
is made by way of an ordinary letter addressed to the branch of the National
Electoral Commission.
At an embassy, the complaint is lodged with
the coordinator of elections.
The period within which the complaint may
be filed is set by the National Electoral Commission.
Article
20 :
A branch of the National Electoral
Commission which receives a complaint relating to the electoral list must rule
on the case within two (2) days of receipt of the complaint. A copy of the
decision is issued to the complainant without undue delay and where necessary
the electoral list is immediately corrected by supplementary registration,
cancellation of registration or other
annotation depending on the terms of the decision.
If the complainant is not satisfied with
the decision taken, he or she may appeal to the immediately higher branch of
the National Electoral Commission.
Article
21 :
A person eligible for election as a deputy
is any Rwandan who :
1° has attained at least twenty-one (21) years
of age;
2° is a person of integrity;
3° is not restricted by any of the limitations
provided for in Article 10 of this organic law;
Article
22 :
Persons prohibited from being elected are:
1° persons referred in Article 10 of this
organic law;
2° persons who have been placed under the
protection of justice;
3° persons whom the Courts of last instance
have judged to be responsible for
insolvency or bankruptcy of corporate bodies under their management and
who have not been rehabilitated ;
4° persons suffering from mental incapacity
certified by a medical doctor approved by the government.
SECTION
V : PRESENTATION OF CANDIDATES
SUBSECTION
ONE : THE CHAMBER OF DEPUTIES
Article
23 :
Each political organization or coalition of
political organizations may submit a list of candidates. An independent
candidate submits his or her candidacy and campaigns for election personally in
accordance with the provision of the law.
Each candidacy is submitted at national
level. However, in order for the candidacy of an independent candidate to be
accepted, such candidates shall have the signatures of at least six hundred
(600) registered Rwandan voters who have
attained the voting age and include at
least thirty (30) persons domiciled in each Province and thirty (30) persons
domiciled in the City of Kigali.
Article
24 :
The list of candidates is submitted to the
National Electoral Commission at least thirty-five (35) days before the day of
elections by a representative of a political organization or coalition of
political organizations. An independent candidate personally submits his or her
candidature.
The list of candidates of a political
organization or a coalition of political organizations is accompanied with a
statement bearing the names and signatures of the members of the supreme organ
of the political organization or coalition of political organizations who have
approved the list in accordance with procedures stipulated by the law.
The National Electoral Commission issues an
acknowledgment of receipt of the list. Acknowledgment of receipt of the list
does not constitute the approval of the candidacy.
Article
25 :
Apart from what is provided for in Article
24 of this Organic Law, a list of candidates shall be accompanied by the
following :
1° the full names of each candidate and the
date and place of his or her birth;
2° his or her profession and place of
residence;
3° two (2) passport size photographs;
4° particulars of the political organization
or coalition of political organizations which is submitting the list.
Independent candidates shall submit the
documents provided for in points 1°, 2° and 3° of this Article.
Article
26 :
No candidate may appear on several lists
during the same election.
The number of candidates on each list shall
not exceed the number of seats being contested.
Article
27 :
In the event of circumstances which prevent
a candidate contesting, the political organization or coalition of political
organizations which submitted his or her candidacy, may immediately replace him
or her with another candidate and the candidacy of such a substitute candidate
is declared in accordance with provisions of this organic law.
Where the remaining time does not exceeding
three (3) weeks, the existing list of candidates remains valid, provided that
voters are notified of the new candidate by use of a public notice displayed at
the entrance of each voting room and inside each voting booth.
Article
28 :
With regard to the candidates referred to
in Article 76-2° of the Constitution, the declaration of the submission of
candidacy is made individually and submitted to the National Electoral
Commission at least thirty (30) days before the voting date.
Every submission of candidacy must be
accompanied with :
1° the full names of the candidate;
2° date and place of his or her birth;
3° his or her profession and place of
residence;
4° two (2) passport size photographs.
Article
29 :
In conformity with Article 76-3° and 4° of the
Constitution, candidates to be elected by the National Youth Council and by the
Federation of the Associations of the Disabled submit their candidacies at
least thirty (30) days before the date of elections to the National Electoral
Commission which verifies whether the
candidates fulfil the required conditions.
The declaration of candidacy is made
personally by any member among the
youth or members of any of the
constituent associations of the Federation of the Associations of the Disabled
to the National Electoral Commission and must be made in accordance with the
provisions of the law.
Every candidacy shall be accompanied by the
following :
1° the full names of the candidate;
2° date and place of his or her birth ;
3° his or her profession and place of
residence;
4° two (2) passport size photographs.
With regard to election of
deputies, the declaration of candidacy is submitted to the National Electoral
Commission in accordance with the provisions of Article 24 and subsequent
Articles of this organic law.
The lists of parliamentary
candidates are approved and published by the National Electoral Commission at
least thirty (30) days before the election.
Article
31 :
Candidacies for
the Senate referred to in Article 82-1°, 4° and 5° of the Constitution are
submitted to the National Electoral Commission which transmits the said
candidacies to the Supreme Court within thirty days (30) before the election.
Candidates for the Senate from public and
private universities and institutions of higher learning are required to be
lecturers and researchers who are permanent staff of the said universities and
institutions of higher learning elected by their peers in accordance with the
provisions of the law.
The declaration of the candidacy is made
personally by the candidate and submitted to the National Electoral Commission
at least thirty days (30) before the voting day.
Each candidacy is accompanied with the
following :
1° the full names of the candidate;
2° particulars of the candidate’s date and place
of birth;
3° his or her profession and place of
residence;
4° two (2) passport size photographs.
The Supreme Court verifies whether the
candidates meet the required conditions, approves and publishes the list of
candidates within eight days (8) from the date of receipt of candidacies.
Article
32 :
To be eligible for election or appointment
as senator a person must :
1° be a
Rwandan citizen;
2° be a holder of at least a first university
degree or its equivalent or have held senior management positions in public
service or the private sector;
3° be an “inararibonye”;
4° have irreproachable morals and probity;
5° not have been deprived of civil and
political rights by the courts;
6° be at least forty (40) years old;
7° not have been sentenced to a term of
imprisonment of six months or more at any time before their rehabilitation or
amnesty;
8° not be restricted by any of the limitations
stipulated in Article 10 of this organic law.
Article
33 :
The day of elections and the period for
election campaigns are determined by a Presidential order which indicates the
office or offices which are the object of elections and the date of elections
and determines the date on which election campaigns must close.
Election campaigns start at least twenty
(20) days before the election. They are closed twenty-four (24) hours before
the election.
Election campaign are launched by the
Government or its representatives who present the candidates to the electorate.
This presentation shall be organised at least at the District and Town or
Municipality levels. Every list of candidates shall be represented at least by
one person.
Article
34 :
During election campaigns, campaigns
meetings and public rallies are held freely so long as general public order is
respected and laws and regulations governing meetings and public gatherings are
observed.
Written notice of any campaign meeting or
public gathering must be given to the Mayor of the District, Town or
Municipality where the intended campaign meeting or rally is to be held, at
least twenty-four (24) hours before. The notice must be submitted during legal
opening hours for public administration institutions and an acknowledgement of
receipt must be issued.
Article
35 :
No two or more campaign meetings or public
rallies shall be held simultaneously in the same cell of the City of Kigali or
in any one sector of a District, Town or Municipality.
In the event that two or more campaign
meetings or public rallies are planned, priority is given to the applicant who
applied first. Where the first applicant has already held one or several
meetings or public rallies at the same place, priority shall be given to the
applicant who or which has not held any
meeting yet or held fewer meetings in the relevant cell or sector.
Article
36 :
During campaigns, campaign activities based
on commerce and donations of money or in kind intended to influence or
attempting to influence the vote are prohibited. Likewise, the use of property
owned by the State or its institutions for the same purposes is prohibited.
Article
37 :
It is prohibited to abuse or defame in any
manner whatsoever any one or more election candidates or list of candidates
during election campaigns.
Article
38 :
Independent candidates, political
organizations and coalition of political organizations may, for their election
campaigns, use posters and banners, distribution of mail and mass circulation
documents, meetings and public debates, radio, television and the printed press
or any other means which is not contrary to the law.
The High Council of the Press shall ensure
that equal access to government media is guaranteed to all independent
candidates, political organizations and coalition of political organizations
contesting elections.
Article
39 :
Decentralised organs of government ensure
the availability of special areas reserved for the display of campaign
materials during election periods.
The distribution of space in such places is
done according to the order of submission of applications.
Candidates or lists of candidates are given
equal space.
The display of campaign materials outside
designated places is prohibited.
Article
40 :
The President of the National Electoral
Commission and coordinators of elections at the Province, Kigali City,
District, Town, Municipality or Embassy ensure compliance with the provisions
of Articles 35 and 36 of this organic law.
Article
41 :
The National Electoral Commission
determines polling stations at least fifteen days (15) before the election.
Polling stations must be set up in public
buildings or facilities providing public services such as schools and any other
place determined by the National Electoral Commission.
During presidential and parliamentary
elections, polling stations are set up in all places where there is an embassy
of Rwanda.
The number of the polling stations is
determined by the National Electoral Commission.
Article
42 :
The organization of the vote shall be
carried out by a polling station committee the number of members of which shall
be determined by the National Electoral Commission. They shall be assisted by
voting assessors.
The President of that polling station
committee shall be selected by members of the National Electoral Commission
branch of District, Town or Municipality levels.
Members of the committee shall elect a
secretary from among themselves.
Article
43 :
Particulars of the representatives of the
lists of political organizations, coalition of political organizations and
independent candidates must be provided before commencement of voting.
Every list of candidates or independent
candidate is represented in the voting room by a voter who has a written
authority.
Article
44 :
Before commencement of the voting, an empty
ballot box, which has only one opening through which the ballot paper is
inserted and inscribed with a number is displayed empty to the electorate and
representatives of the lists of candidates and independent candidates. It is
thereafter closed and is next opened upon commencement of the counting of
votes.
The ballot box is placed in full view of
electoral officials.
A list of the voters’ names and numbers of
their voters’ cards is put at the disposal of one of the assessors.
Article
45 :
The polling booth in each voting room must
ensure secrecy; there may be one or more polling booths in each voting room.
The polling station shall be located in a
place that permits the public to follow the conduct of election with the
exception of the act of casting the vote, which is secret.
Article
46 :
The number of ballot papers shall at least
be equal to the number of voters registered on the electoral list.
Before commencement of voting, the polling
station committee verifies that the number of ballot papers is equal to or more
than the number of registered voters.
In the event that ballot papers run out
before some voters have cast their ballots, voting is immediately suspended.
The voting resumes only after the stock of ballot papers has been replenished
and the fact is recorded in a statement.
Article
47 :
It is prohibited, at the risk of expulsion
after one warning, for any person present in a voting room to attempt, by use
of, signals, gestures or any other means, to influence how voters vote.
Article
48 :
Voting starts at 6.00 a.m. and ends at 3.00
p.m.
The time for closure of the polls cannot be
brought forward unless all registered voters have cast their ballots. Polling
may be extended beyond the ordinary hours of closure of the polls by a decision
of the electoral college, particularly in case of circumstances where there has
been suspension of polling or delay in commencement of the polling. The length
of time by which polling is extended shall be equal to the time length of
period by which the voting was suspended or delayed.
The time of opening and closing polls is
indicated in the statement on the conduct of elections.
Article
49 :
Polling must be done in the course of only
one day. However, if this is not possible due to certain circumstances, the
National Electoral Commission determines what should be done.
Article
50 :
The President of the polling station is
responsible for security at the voting station and surrounding areas.
He or she settles disputes, takes all
measures to prevent disorder and may, for this purpose, allow the entry of
voters into the voting room in small groups.
He or she may expel from the voting room
any person who by his or her conduct disturbs or attempts to disturb order and
regularity of the election.
Article
51 :
For security reasons, security officials
are authorized to be present in the vicinity of the polling stations during the
course of any election. Civilian and police authorities must provide whatever
is required by the President of the polling station for the smooth conduct of
the elections.
In any event, the request for the
assistance of security agents should not violate the rights of representatives
of candidates, prevent them from supervising the conduct of the elections or
otherwise infringe upon the exercise of their prerogatives vested by the law.
Article
52 :
The President of the polling station must
immediately replace a voting assessor or scrutineer who is expelled from the
voting room, or is otherwise unable to carry on with his or her functions on
account of other limitations.
In the event that the President of the
polling station is unable, on account of any reason to continue with his or her
functions, he or she is replaced by the oldest member of the polling station
committee.
Article
53 :
The voting room shall comprise at least
three assessors who must be present throughout the voting process.
Article
54 :
The polling station committee decides on
any disputes which arise during the elections. The basis of such decisions must
be recorded and included in the statement on the conduct of the elections.
Evidence or ballot papers pertaining to such decisions are annexed to the
decisions after signing by the members of the polling station committee.
Article
55 :
The statement on the conduct of elections
and the list of persons who have voted are signed by the members of the polling
station committee. The President signs last.
Article
56 :
A duly authorized representative of a
candidate has the right to follow up the process of elections. He or she also
has the right to follow up the process of counting the ballot papers and votes.
All observations made by such representatives are written in the statement on
the conduct of elections.
The President of the polling station committee is bound, at the risk of being subjected to
the sanctions provided for in Article 119 of this organic law, to record all observations
submitted to him or her in accordance with provisions of paragraph one of this
Article.
Only observations recorded in accordance
with the procedure set out in this article are admissible as evidence in support of a subsequent election petition.
Article
57 :
A candidate in an election is not
authorised to be in the vicinity of an election station on polling day except
for the purpose of coming to cast his or her ballot.
Article
58 :
Any person registered on the electoral list
and in position of voter’s card is entitled to vote.
In the event of the loss or damage to a
voter’s card, the registered voter is only permitted to vote after his or her
registration has been verified.
The fact of the loss of the voter’s card
shall be indicated in the statement of the conduct of elections.
Article
59 :
Upon receipt of notification by the
relevant authorities, persons who have been deprived of the right to vote and
whose names have not yet been removed from the voting list are prevented from
voting.
Article
60 :
Article 61 :
Voting must be carried out in tranquillity.
Voters are prohibited from entering the
voting room with weapons.
Article
62 :
A voter casts a ballot only once.
Voting is secret and the use of a voting
booth affording secrecy is obligatory.
Article
63 :
After casting his or her ballot, a voter
presents himself or herself to the assessor who affixes a stamp bearing words
“YATOYE” on the voter’s card.
Article
64 :
A voter who suffers from disability which
prevents him or her from voting in secret is permitted to chose a person who has not yet attained the voting
age to assist him or her in voting.
SECTION
X : COUNTING OF VOTES
Article
65 :
Counting of votes is done immediately after closure of
the polls at each polling station and in each room where voting took place. The
counting of votes is done by the assessors who have supervised the election
before the public, observers and representatives of candidates or the
candidates themselves.
The counting of votes is conducted in
public.
Article
66 :
Persons responsible for the counting of the votes take
the following steps in the order given below :
1° determining the number of registered voters
who have voted and announcing it;
2° opening the ballot box, counting the ballots and announcing the number thereof ;
3° one of assessors gives an unfolded ballot
paper to a second one who reads it out in a loud voice; the third assessor
records the vote on another paper designed for that purpose;
4° when all the ballot papers have been read
out, the votes obtained by each candidate or list of candidates recorded on the
counting sheet and the blank and spoiled ballot papers indicated in Article 67
of this organic law are counted. Assessors approve and sign counting sheets.
The signatures of assessors must follow all
their names and the number of their voters’ cards.
Representatives of political organizations
and or coalition of political organizations and of independent candidates also
sign counting sheets.
Proclamation of results of the vote
counting follows immediately after completion of the vote counting.
5° members of the polling station committee
collect all results from voting rooms at the polling station;
6° the President of the polling station
committee and other members of the polling station committee prepare without
undue delay, a statement on the conduct of elections on printed forms designed
for that purpose, which contains :
a.
the
time of opening and closing of the polls, the state of compliance with various
formalities provided for by the law and incidents which occurred during the
conduct of elections;
b. the signatures of the members of the
polling station committee and representatives of candidates or lists of
candidates. However, the failure of the representatives of candidates or lists
of candidates to sign against the statement of the conduct of elections does
not affect its validity.
Representatives of candidates or lists of
candidates have the right to inspect all activities relating to the conduct of
elections, the counting of ballot papers and of votes as well as the right to
demand that any observation, objection or complaint made by them be recorded in
the statement on the conduct of the elections.
7° the original statement on the elections is
submitted to the National Electoral Commission accompanied by :
a.
the
list of persons who voted;
b. the ballots and spoilt ballot papers;
c.
documents
relating to complaints received, if any have been made ;
d. marking sheets;
e.
unused
ballot papers.
7° the President of the polling station puts
the statement of the conduct of elections in an envelope sealed with a seal or
stamped in public at the polling station. The President of the polling station
is responsible for submitting the sealed envelope to the President of the
branch of the Commission at the District, Town or Municipality level.
Article 67
:
A vote shall be null and void if :
1° the ballot paper does not meet the
requirements established by laws and regulations governing elections;
2° the ballot paper bears signs different from
those provided for in the election;
3° the ballot paper does not satisfactorily
indicate the list or candidate chosen, or the voter has disclosed his or her
identity on the ballot paper;
4° the ballot paper cast in the ballot box
does not indicate any choice of candidate.
Invalid ballot papers shall not be considered as votes
cast and shall not be taken into account when calculating the percentage of
votes obtained by a list or a candidate.
Article 68 :
Used ballot
papers shall be collected and kept at the branch of National Electoral
Commission at the District, Town or Municipality levels in accordance with the
instructions of the National Electoral Commission.
Article 69 :
The format of the ballot paper and
modalities of its use are determined by the instructions of the National
Electoral Commission.
CHAPTER
II : SPECIFIC PROVISIONS IN RESPECT OF EACH TYPE OF
ELECTIONS
SECTION
ONE : PRESIDENTIAL ELECTIONS
Article
70 :
The election of the President of the
Republic shall be by a direct and secret ballot.
Article 71 :
A candidate for
the office of the President of the Republic shall :
1° be of Rwandan nationality by origin;
2° not hold any other nationality;
3° have at least one parent of Rwandan
nationality by origin;
4° have irreproachable morals and probity;
5° not have been convicted and sentenced by a
court of last instance to a term of imprisonment exceeding six months;
6° not have been deprived of his or her civil
and political rights by courts of law;
7° be at least thirty five years (35) old on
the date of submission of his or her candidature;
8° be resident in Rwanda at the time of
submission of his or her candidacy.
Article
72 :
The submission
of the candidacy for the office of the President of the Republic must indicate
the following :
1° full particulars of candidate’s names and
date and place of birth;
2° evidence that the candidate has been
nominated by a political organization or a coalition of political organizations
established in accordance with the provisions of the law, is running for office
as an independent candidate or a candidate sponsored by more than one political
organization;
3° the symbol which will identify him or her
on the ballot paper;
4°
two (2) passport size photographs.
Article 73 :
The declaration of candidacy must be accompanied by
the following documents:
1° a certificate of nationality issued within
the previous three (3) months;
2° a certificate confirming that the candidate
does not have any other nationality or has relinquished any other nationality
he or she previously had;
3° a birth certificate issued within the
previous three (3) months;
4° a report on the criminal record of the
candidate issued within the previous three (3) months;
5° a declaration issued by a political
organization or a coalition of political organizations confirming that it has
nominated the candidate for election as President of the Republic;
6° for an independent candidate, a list of
registered voters nominating the candidate which indicate their full names and
the dates and places of their birth as well as the numbers of their national
identity cards. The list must have a minimum of six hundred (600) registered
voters including at least thirty (30) voters domiciled in each Province and
thirty (30) voters domiciled in the City of Kigali;
7° a certificate confirming that he or she has
at least one parent with Rwandan nationality by origin.
Article 74 :
The office of the President of the Republic is
incompatible with the holding of any other elected public office, any other
public function whether civilian or military or any other professional
activity.
Article 75 :
The term of office of the President of the Republic
commences on the day he or she takes the
oath of office.
Article 76 :
The Presidential
Order determining the calling of elections is issued at least forty-five days
(45) before the holding elections.
The declaration
of candidacy for the office the President of the Republic is made personally by
the candidate after the publication of the presidential order provided for in
paragraph one of this article and is submitted to the National Electoral
Commission which issues an acknowledgement of receipt of the declaration.
The declaration
is made in duplicate; it must be signed by the candidate and it must have a
declaration made on oath by the candidate that he or she fulfils all the
requirement for eligibility to contest the election.
Article 77 :
The National
Electoral Commission, after verifying the candidacies, approves and publishes
the list of candidates at least thirty days (30) before the holding of the
elections.
Article
78 :
Any complaint relating to a candidacy must be filed
with the Supreme Court within a period not exceeding forty-eight (48) hours
after publication of the lists of candidates. The Supreme Court makes a
decision on the dispute within a period of five (5) days from the day on which
the suit was filed.
Article 79 :
A candidate may not utilize initials or symbol already
chosen by another candidate.
Where several candidates choose to use the same
letters or symbols, the National Electoral Commission takes a non-appealable
decision to give priority to the political organization that or independent
candidate who submitted their candidacy first.
It is prohibited to choose a symbol comprising a
combination of the three colours of the national flag.
Article 80 :
The electoral constituency extends to the entire
country, without prejudice to the participation of Rwandans staying abroad in
voting.
The provisions of this organic law relating to
electoral campaigns and counting of votes in general apply to presidential
elections.
Article 81:
The centralisation of election results is the
responsibility of the National Electoral Commission. Within a period not
exceeding twenty-four (24) hours after the counting of votes, the branch of the National Electoral
Commission at the District, Town or Municipality transmits the statement on the
conduct of the elections to the branch of the National Electoral Commission at
the Province or City of Kigali levels which, in turn, submits them to the
National Electoral Commission.
Upon receipt of all the statements, the National
Electoral Commission declares on a provisional basis the results of elections
within a period of time not exceeding five (5) days after the closure of the
polls.
The National Electoral Commission transmits the
statements on the conduct of elections, without any alterations to the Supreme
Court.
Article 82 :
The Supreme Court verifies whether the election
activities referred to in Article 81 of this organic law have been carried out
in conformity with the law and announces the final election results within a
period not exceeding seven (7) days from the day on which it received the
statements on the conduct of elections.
Article 83 :
The Chamber of
Deputies shall be composed of eighty (80) members including :
1° fifty-three (53) members who originate from
political organizations or standing as independent candidates elected by
universal suffrage in a secret ballot using a closed list and based on
proportional representation;
2° twenty-four (24) women, that is to say, two
(2) from each Province and the City of Kigali elected by the organs referred in
Article 76 of the Constitution. Where the first candidates who have equal votes
are more than two (2) or if the second candidates have equal votes, the ballots
are recounted. If the votes of the candidates are still equal after recounting,
the voting is repeated for only those candidates with an equal number of votes.
If there is no winner after the second ballot, the winner is chosen by drawing
lots ;
3° two (2) members elected by the National
Youth Council in one ballot and on a majority basis. Where the first candidates
who have equal votes are more than two (2) or if the second candidates have
equal votes, ballot counting shall be repeated. If the votes of the candidates
are still equal after recounting, the voting is repeated for only those
candidates with an equal number of votes. If there is no winner after the
second ballot, the winner is chosen by drawing lots ;
4° one (1) member elected by the Federation of
the associations of the disabled in one ballot and on a majority basis. If the
first candidates have equal number of votes, ballot counting shall be repeated.
If the ballots of the candidates are still equal after recounting, the voting
is repeated for those candidates with an equal number of votes. If there is no
winner after the second ballot, the winner is chosen by drawing lots.
All candidates must be granted equal
opportunity.
Article 84 :
With regard to the provisions of paragraphs 2°, 3° and
4° of Article 83, the quorum of the electoral college is at least 2/3 of the
members. In the event of failure to get the required quorum, the elections are
postponed and held within a period not exceeding five (5) days. If the 2/3
quorum is not available on the second attempt, the election is carried out by
those who are present.
Article 85 :
Without
prejudice to provisions of Article 76 of the Constitution, the functions which
are incompatible with the Office of the Deputy are:
1° the office of President of the Republic ;
2° membership of the Cabinet ;
3° the office of Senator ;
4° membership of the District,
Town/Municipality or City of Kigali Councils;
5° employment by a District, Town/Municipality
or the City of Kigali ;
6° the office of Judge ;
7° the office of Prosecutor ;
8° employment in the civil service or in a public institution
;
9° employment under terms governed by a
contract ;
10º membership of an organ responsible for the conduct
of elections;
11º membership of Rwanda Defence Forces, National
Police or the
National
Security Service.
With exception of the functions referred to in items
6º and 11º of paragraph one of this article, the exercise of functions
incompatible with the office of a Deputy does not deprive persons in
above-mentioned positions of their right to be elected. However, successful
candidates must resign from the said positions upon election as deputies.
Persons in positions which may be prejudicial to or
prejudiced by campaigning for office temporarily suspend the exercise of their
function during the campaign period.
Article 86 :
The term of office of members of the Chamber of
Deputies is five (5) years starting from the day on which they take oath of
office.
Article 87 :
The constituency for members of the Chamber of
Deputies proposed by political organizations or coalition of political
organizations or those standing as independent candidates extends to the entire
country.
Every political organization or coalition of political
organizations draws up, in the order of priority, a list of its candidates and
the number of candidates on the list must not exceed the number of the seats
being contested.
Article 88 :
In the event of a Deputy losing his or her seat or
being removed from office, the vacant seat is assigned to a substitute who
serves the remaining term of office if it exceeds one year.
He or she shall be replaced according to the
successive order of candidates by taking the candidate who immediately followed
him or her during elections.
Where a political party is dissolved, another election
shall be held to replace the deputies from that political party in a period not
exceeding three (3) months.
Article 89 :
With regard to the fifty-three (53) seats of deputies
originating from political organizations or coalition of political
organizations or as independent candidates, the seat are distributed in
proportion to the number of votes obtained by each list and by applying the
principle of precedence for the candidate with more remaining votes.
Article 90:
A political organization, coalition of political
organizations or list of independent candidates which fails to obtain at least
five percent (5%) of valid votes cast in parliamentary elections is not
allotted any seat in the Chamber of Deputies.
The number of seats to be allocated to each list is to
be calculated by dividing the number of votes obtained by the list by the
electoral quotient.
The electoral quotient is calculated by dividing the
total number of valid votes of each list which obtained at least five percent
(5%) of the votes cast by the number of seats to be contested.
The remaining seats are allocated to the lists
according to the principle that the candidate with more votes remains.
Where there remains only one seat to be allocated and
several lists have got the same number of the remaining votes, that seat is
allocated to the list with the highest number of votes.
SECTION III
: ELECTION OF MEMBERS OF THE SENATE
Article 91 :
The Senate is
composed of twenty-six (26) members in addition to former Heads of State who
request for membership.
Members of the Senate are elected or nominated
according to Articles 82 and 83 of the Constitution. Their term of office is
eight (8) years non renewable.
Article 92 :
Without
prejudice to provisions of Article 82 of the Constitution, the functions which
are incompatible with the office of a Senator are :
1° the office of President of the Republic ;
2° membership of the Cabinet ;
3° the office of Deputy ;
4° membership of the District,
Town/Municipality or City of Kigali Councils;
5° employment by a District, Town/Municipality
or the City of Kigali ;
6° the office of Judge ;
7° the office of Prosecutor ;
8° employment in the civil service or in a public institution
;
9° employment under terms governed by a
contract ;
10º membership of an organ responsible for the conduct
of elections ;
11º membership of Rwanda Defence Forces, National
Police or the
National
Security Service.
With exception of the functions referred to in items
6º and 11º of paragraph one of this article, the exercise of functions
incompatible with the office of a Senator does not deprive persons in
above-mentioned positions of their right to be elected. However, successful
candidates in such positions must resign from the said positions upon election
as senators .
Persons in positions which may be prejudicial to or
prejudiced by campaigning for office temporarily suspend the exercise of their
function during the campaigns.
Article 93:
Senators are
elected through a secret ballot by an electoral college composed of Executive
Committees of Sectors, and District, Municipality, Town Councils of each
Provinces and the City of Kigali.
Senators elected
from public and private universities and other institutions of higher
learning are elected by their peers by a
secret ballot.
Article 94 :
The electoral
college is convened by a Presidential Order which determines the date, time and
venue of the elections. This Order is published at least thirty (30) days before
the holding of the election.
Article 95 :
Electoral
campaigns are carried out twenty (20) days before the holding of elections and
end twenty-four (24) hours before the
date of elections .
Article 96 :
Candidates for
the Senate elected by provinces and the City of Kigali and public and private
universities and institutions of higher learning are elected on a simple
majority basis for a single member in a two round ballot. The election is
carried out in one round if one of the candidates obtains the simple majority
of votes.
The quorum of
the electoral college is at least 3/4 of its members. In the event of failure
to get a quorum, the elections are postponed and held within a period not
exceeding five (5) days. If the quorum is not available on the second attempt,
the election is decided on the basis of the majority of the members present.
Where no
candidate gets the simple majority of votes after the first round ballot, a
second round ballot takes place immediately. Only the two candidates with highest
number of votes contest the second round
ballot. In the second round ballot, the candidate with the simple majority is
elected. In case of equality of votes, the votes are recounted. If the number
of votes is still equal, the oldest candidate is allocated the seat.
When an elected
Senator resigns, dies or is removed from office by a court’s decision or in the
event of any other circumstances which prevents a Senator from holding his or
her office, fresh elections are held if the remaining period of the term of
office is at least one year. The Senator thus elected serves for eight (8)
years.
Article 97 :
The polling station in each Province and the City of
Kigali is presided over by the President of the branch of the National
Electoral Commission at the Province and the City of Kigali levels assisted by
three Commissioners appointed by the President of the National Electoral
Commission.
Members of the polling station committee are not
allowed to vote. Members of the polling station committee and voters who are
members of the electoral college, candidates or their representatives and
authorized observers are the only persons allowed to enter into the voting
room.
The polling station committee takes decisions on all
issues and disputes that arise from the elections. The counting of votes takes
place in public and immediately after elections.
The President of the polling station committee
immediately announces the successful candidate.
CHAPTER
III : RESOLUTION OF DISPUTES
Article 98 :
Disputes relating to presidential and
parliamentary elections fall within the jurisdiction of the Supreme Court.
Petitions relating to presidential and parliamentary elections may be filed
with the Supreme Court within forty-eight (48) hours following the proclamation
of provisional results by the President of the National Electoral Commission.
Article
99 :
The petition is filed with the Supreme
Court by means of a written document addressed to the President of the Court.
The petition indicates the identity of the complainant and the nature of the
dispute.
Article
100 :
No court fees are payable on the filing of
the petition. An acknowledgement of receipt of the petition is issued.
Article
101 :
Upon receipt of the petition, the President
of the Supreme Court notifies the respondent, the President of the National
Electoral Commission and the Minister having local government within his or her
functions.
Article
102 :
When the Supreme Court has completed
examination of the petition, the President notifies parties to the petition or
their representatives the date they will be informed by the Court of the
evidence on the dossier. This takes place in the office of the clerk of the
Court. He or she informs the parties of the duration permitted for the filing
of their submissions.
Parties to the petition may obtain copies
of the evidence in the dossier at their own expense.
Article
103:
The Supreme Court takes a decision within five (5)
days starting from the day on which the petition was received. The decision indicates
the grounds on which it is based and is communicated to the parties or their
representatives, the Prime Minister, both the Speaker of the Chamber of
Deputies and the President of the Senate, the President of the National
Electoral Commission and the Minister having local government within his or her
functions.
CHAPTER IV : PENALTIES
Article 104
Any person who commits the following offences shall be
sentenced to a term of imprisonment of between one month and one year and a
fine of between fifty thousand (50 000 ) francs and two hundred thousand (200
000) francs:
1° registering or attempting to register on
the voting list under false names, failing to disclose or attempting to hide
circumstances which render the person ineligible to register as voter in terms
of the provisions of this organic law, or registering or attempting to register
on more than one list ; or
2° making false declarations, using false
documents, registering or attempting to register on a voting list illegally, or
using fraudulent means to register on or remove a citizen from the electoral
list illegally.
Article 105 :
Accomplices to the offences referred to in this
Organic law shall be liable to the same
penalties as the principle offenders.
Article 106 :
Newspaper articles or any other documents relating to
elections are prohibited from using a combination of the colours of the
national flag. Persons who commit offences contrary to this provision are
liable to a fine of fifty thousand (50 000 ) francs for each offence.
Article 107 :
Any person who, having been deprived of his or her
voting rights, either following a conviction and sentence by a court of law
or following bankruptcy in respect on which they has not been
rehabilitation, votes on the basis of either a registration on the voter’s list
effected prior to or after the deprivation of rights, shall be sentenced to a
term of imprisonment of between one month and three months and a fine of
between fifty thousand ( 50 000 ) francs and one hundred thousand ( 100 000 ) francs.
Article 108 :
Anyone who, having secured registration as a voter by
use of fraudulent means or made use of false names and identity registered in
voter’s register, votes, shall be sentenced to a term of imprisonment of
between six months to two years and a fine of between two hundred and fifty
thousand ( 250 0000) francs and five
hundred thousand (500 000) francs.
Any person who registers on several voters’ lists and
votes several times is liable to the same penalty provided for in the first paragraph
of this article.
Article 109 :
Any person responsible for receiving and counting
ballot papers or counting votes, who reduces, adds to the votes cast or alters
any writing on election documents is liable to a term of imprisonment of one
year to five years and a fine of between five hundred thousand (500 000 ) francs and eight hundred
thousand ( 800 000) francs.
Article 110
It is prohibited to enter a voting room with weapons.
Any person who violates this provision shall be punished with a fine of between
fifty thousand (50 000 ) francs to two hundred thousand (200 000 ) francs if weapons were visible.
The penalty shall be imprisonment for a term of
between fifteen (15) days and three (3) months and a fine of between one
hundred and fifty thousand (150 000 )
francs and three hundred thousand (300
000 ) francs if weapons were concealed.
Any person present in the voting room who influence a
voter’s choice by use of signals or other means whatsoever and who has been
warned and thereafter expelled from the voting room shall be punished with a
term of imprisonment of fifteen days or a fine of between fifty thousand (50
000 ) francs to two hundred thousand (200 000 ) francs.
Article 111 :
An person who spreads false information, uses insults
or employs other fraudulent means with a view of rigging elections or otherwise
influencing a voter to alter his or her choice of a candidate, shall be punished with a term of imprisonment
of between one month and one year and a fine of between fifty thousand (50 000
) francs and two hundred thousand (200 000 ) francs.
Article 112:
Any person who, using cliques, noisy disturbances or
acts of intimidation disrupts the exercise of election officials of their
functions and infringes upon the exercise of the right to vote or freedom in
voting shall be punished with a term of imprisonment of between three months
and two years and a fine of between one hundred and fifty thousand (150 000) francs and five hundred
thousand (500 000 ) francs.
Article 113:
Any person who enters or attempts to enter the polling
station by force shall be sentenced to a term of imprisonment of between one
year and five years and a fine of between five hundred thousand (500 000)
francs and eight hundred thousand (800 000) francs.
Where the person who committed the offence provided
for in paragraph one of this article was at the time carrying a weapon or where
the offence disrupted the polling, the sentence shall be a term of imprisonment
of between five (5) years and ten (10) years.
Where the offence was committed pursuant to a
conspiracy occurring all over the whole country or in any one or more
administrative areas, the offender shall be sentenced to a term of imprisonment
of between ten (10) years and twenty (20) years.
Article 114 :
Any person, who being one of the members of the
electoral college, is found responsible for bringing dishonour or acting with
malice towards the polling station committee or one of its members or using
menaces or acts of intimidation and thereby frustrates or attempts to frustrate
the conduct of elections, shall be punished with the term of imprisonment of
between one month and one year and a fine of between fifty thousand (50 000)
francs and two hundred thousand (200 000 ) francs.
Where the election has been cancelled as a result of
such offence, the sentence shall be a term of imprisonment of between one year
and five years and a fine of between five hundred thousand (500 000 ) francs
and eight hundred thousand (800 000 ) francs.
Article 115 :
Theft of a box
containing ballot papers which have not yet been counted is punishable with a
term of imprisonment of between one year and five years and a fine of between
five hundred thousand (500 000 ) francs and eight hundred thousand (800 000 )
francs.
Where the theft
of the ballot box is carried out pursuant to conspiracy or by force, the
sentence shall be a term of imprisonment
of between five to ten years.
Theft of
statements on the conduct of the elections or any other documents relating to
election results, with the objective of or in furtherance of an attempt of
altering the results of the elections or making their proclamation impossible
is punishable with the same penalties.
Article 116 :
Acts or
omissions committed either by members of the polling station committee or by
officials appointed by the competent public authority to ensure the safe
custody of ballot papers which have not yet been counted or in respect of which
the period for filing election petitions has not yet elapsed which may prejudice
the legality of validity on an election are punishable by a term of
imprisonment of between five to ten years.
Article 117 :
Any person who
contravenes the provisions of Articles 35 and 36 of this Organic law or who
influences a voter to change choice of a candidate shall be punished with a
term on imprisonment of between one year and five years and a fine of between
five hundred thousand (500 000) francs and eight hundred thousand (800 000 )
francs.
Article 118 :
Any person who
uses acts of violence, intimidation, menaces or threats of loss of employment
of the safety and security of a voter, members of family and his or her
property with a view to making or in an attempt to make the voter change his or
her choice of a candidate shall be punished with a term of imprisonment of
between one month and two years and a fine of between one hundred thousand (100
000 ) francs and two hundred thousand (200 000 ) francs.
Article 119 :
Any person
present in a polling station who, before, during and after the elections,
shall, through the violation of the provisions of the law and regulations or
other means or through fraudulent means alter or attempt to alter elections
results or frustrates or attempts to frustrate the conduct of elections shall
be punishable with a fine of between two hundred thousand (200 000 ) francs and
five hundred thousand (500 000) francs.
Article 120 :
The courts may,
in addition to the penalties provided for for offences under this code, also
order that a person found guilty of offences under this organic law be deprived
of his or her civil and political rights for a period not exceeding five years.
Where the
offender is an employee of the National Electoral Commission, a person assigned
to represent the Government, a public servant or a representative of a
political organization, the penalty might be doubled.
Article 121 :
The provisions
of the Penal Code which are not contrary to this Organic Law remain applicable.
Proceedings
commenced by the government or member of the public which have not been filed
within one month starting from the day the election results were announced are
inadmissible.
CHAPTER V
: FINAL PROVISIONS
Article 122 :
The National
Electoral Commission issues as and when necessary and in accordance with
provisions of this organic law instructions for the smooth running of
elections.
Article 123:
The law of 5
July 1967 on the electoral regime as modified by Law n° 18/1983 of 27 August
1983 and other previous legal provisions contrary to this Organic law are
hereby abrogated.
Article
124:
This Organic law shall come into force on
the date of its publication in the Official Gazette of the Republic of Rwanda.
Kigali, on
07/7/2003
The President of the Republic
KAGAME
Paul
(sé)
The Prime Minister
MAKUZA
Bernard
(sé)
The Minister of Local Government, Information and
Social Affairs
BAZIVAMO
Christophe
(sé)
Seen
and sealed with the Seal of the Republic:
The Minister of Justice and Institutional Relations
(sé)