Annex 1to CRW 2005/19
Bruxelles, le 27 juillet 2005
N° 386/ 12.00/JB/hm
AMBASSADE
DElA Monsieur Philippe COUVREUR,
RÉPUBUQU DEURWANDA
AVENUEDESFLEURS 1, Greffier de la Cour Internationale
B- 1150BRUXEllES de Justice
Tel 322/7630721/02/05 La HAYE
fox 322/763 07 53
- ambarwondo be
ambarwondo@skynet be
ObJet Activités armées sur le territoiredu Congo
(Nouvelle requête : 2002} (RDC c Rwanda)
Monsieur le Greffier de la Cour,
Fatsant suite à votre lettre n° 124 491 du 11 juillet 2005 et
substdtairement à ma lettre no 379/12.00/JB/hm du 22 JUillet 2005, j'at
l'honneur de vous transmettre en annexe, la documentation demandée sur
les mstruments constitUtiOnnels en force durant la pénode de transition du
Gouvernement rwandais ains1 que l'mtégralité de la déclaration faite par le
Mmtstre de la Justtce lors de la 61erneSession de la Commtssion des Nattons
Umes des Droits de l'Homme Ces documents sont les suivants :
• Rwandan legJslattve Decree n°0l4/01 of 15th February 1995;
• Rwandan Constitutional mstruments which, at the time (1995)
governed the adoption and entry mto force of legislative decrees of that
kmd,
• A full transcription of statement made by Ms MUKABAGWIZA Edda,
Rwandan Minister of Justtce, to the last sessiOn of the United Nations
Human R1ghts CommissiOn,
• Note exphcattve relattve à la décis10n de l'Assemblée Nationale de
Trans1t10n de ne pas confirmer le décret-Loi no 014/01 du
15/02/1995 levant toutes les réserves émises par la République
Rwandaise à l'adhésiOn, à l'approbatiOn et à la ratificatiOn des
mstruments internatiOnaux ;
• The Legal posttlon on the decree of 15thFebruary,l995 adhering to and
rattfying all internationalinstruments.
Tout en vous en souhaitant bonne réception Je vous pne d'agréer, MonsieUr
le Greffier de la Cour, l'assurance de ma haute considération.
Joseph BONESHA
Ambassadeur et A Annex 2 to CRW 2005/19
[Translatwn]
Official Journal of the Rwandese Republic
Order in Council No. 014/01 of 15 February 1995 waiving all reservations entered by the
Rwandese Republic to the accession, approval and ratification of International Instruments
We, Pasteur Btztmungu,
Prestdent of the Repubhc,
Havtng regard to the Fundamental Law;
Havtng regard to the Protocols of Agreement between the Government of the Repubhc of
Rwanda and the Rwandese Patnobc Front on Power-Shanng and on Miscellaneous Issues and
Fmal ProvlSlons; m parttcular, thetr respective Articles 40, 72 and 15;
On a proposai from Our Mtmster of Justtce, and followmg an Opmton of the Counctl of
Mtmsters rendered at its meetmg of 30 September 1994;
HAVE DECREED AND HEREBY DECREE:
Article 1
AU reservations entered by the Rwandese Repubhc concemmg the accession, approval and
ratification of mternattonal mstruments are watved
Article 2
Ail pnor provtstons contrary to the present Order m Counctl are abrogated;
Article3
This Order m Council shaH enter mto force on the day of 1ts pubhcatton m the Offictal
Journal of the Rwandese Repubhc.
The Prestdent of the Repubhc,
(Szgned) Pasteur BIZIMUNGU.
The Prime Mtmster,
(Signed) Fausttn TwAGIRAMUNGU.
The Mmister of Justice,
(Szgned) Alphonse Mane NKUBITO.
Seen and sealed wtth the Seal of the Repubhc,
The Mtmster of Justice,
(Szgned) Alphonse Mane NKUBITO Annex 3 to CRW 2005/19
[Translation]
National University of Rwanda
Law Faculty
CODESAND LAWS OF RWANDA
edtted by
FilipREYNTJENS and JanGoRUS
Professor at the Umversttles Professor at the Umverstty
of Antwerp, Louvam and ofBrussels (VUB)
Brussels (ULB)
VOLUMEI
Fondamental provisions
Civil matters
Commercialmatters
Criminal matters
Police and Security
Updated to 31 December 1994
InRwanda and Burundt Other countnes
Law Faculty Établissements E Bruylant
National Umvers1ty of Rwanda Rue de la Régence,67
B P 117 BUTARE 1000 Brussels
2nd edttton
1995 NATIONAL TEXTS
FUNDAMENTAL LAW
PEACE AGREEMENT
4 August 1993- Arusha Peace Agreement between the Government of the Republlc of
Rwanda and the Rwandese Patriotic Front (OJ 1993, p. 1265)
The Govemment of the Repubhc of Rwanda on the one band, and the Rwandese Patnotic
Front on the other,
Firmly resolved to find a pohtical negotiated solut10n to the war situation confronting the
Rwandese people smce 1 October 1990;
Constdering andapprectatlng the efforts deployed by the countnes ofSub-reg w~th a
vtew to helpmg the Rwandese people to recover peace,
Refemng to the numerous high-level meetmgs held respectively at Mwanza, Umted
Repubhc of Tanzanta, on 17 October 1990, m Gbadohte, Repubhc Zatre, on 26 October 1990, in
Goma, Repubhc of Zaire, on 20 November 1990, m Zanztbar, Umted Repubhc of Tanzanta, on
17 February 1991, m Dar-es-Salaam, Umted Repubhc ofTanzanta, on 19 February 1991 and from
5 to 7 March 1993,
Constdering that all these meetmgs atmed first and foremost at establishmg a ceasefire so as
to enable the two parttes to look for a solution to the war through drrect negotiations;
Notmg the N'sele Ceasefrre Agreement, of 29 March 1991 as amended m Gbadohte on
16 September 1991 and at Arusha on 12 July 1992,
Reaffirming thetr unwavenng determmatlon to respect pnnc1ples underlymg the Rule of Law
whtch mclude democracy, national umty, plurahsm, the respect of fondamental freedoms and nghts
of the mdtvidual;
Constdenng that these pnnctplesconstitute the hasts and conststency of a lastmg peace
awatted by the Rwandese people for the benefithe present and future generations,
Notmg the Protocolof Agreement on the Rule of Law stgned at Arusha 18 August 1992;
Constdenng that the two parties accepted the pnnctple of power-shanng wtthm the
framework of a Broad-Based Transttlonal Govemment;
Notmg the Protocols of Agreement on Power-Shanng stgned at Arusha respectlvely on
30 October 1992, and on 9 January 1993,
Constdenng that the conflictual situation between the two parties can only be brought to an
end through theformation of one and smgle National Army and a new NatiOnalGendarmerie from
forcesof the two wamng parties;
Notmg of the Protocol of Agreement on the mtegration of Armed Forces of both Parties,
signed at Arusha on 3 August 1993,
Recogntzmg that the un1ty of the Rwandese people cannat be achteved unttl a defimtive
solutton to the problemf Rwandese refugees ts found and that the retum of Rwandese refugees to -2-
thetr country 1s an mahenable nght and constltutes a factor for peace and national umty and
reconciliation;
Notmg the Protocol of Agreement on the repatnatton of Rwandese refugees and the
ResettlementofDtsplaced Persans, s1gnedat Arusha on 9 June 1993;
Resolved toeradtcate and put a defimte end to all the root causes whtch gave rise to the war,
Have, at the conclusiOnof the Peace Talks held m Arusha, Umted Repubhc of Tanzama,
between 10 July 1992 and 24 June 1993 as weil as Kmihlra, Repubhc of Rwanda from 19 to
25 July 1993 under theeg~ osthe facthtator, Hts Excellency Ah Hassan Mwmyt, President of the
Umted Repubbc of Tanzanta, m the presence of the Representative of the medtator,
Hts Excellency, Mobutu Sese Seko, Prestdent of the Repubhc of Zatre as weil as representatives of
the CWTent Chatnnen of the Oau, His Excellency Abdou Dtouf, President of the Repubhc of
Senegal, and Hosm Mubarak, Prestdent of the Arab Repubhc ofEgypt, the Secretary General of the
OAU, Dr Salim Ahmed Sahm, the Secretary-General of the Umted Nations, Dr. Boutros Boutros
Ghab and observers representmg Federal Repubbc of Germany, Belg~u murund1, the United
States of Amenca, France, Ntgeria, Uganda and Ztmbabwe,
Calhng the Intemattonal Commumty to witness;
Hereby agree on the followmg proVIstons·
Arttcle 1. The war between the Government of the Repubhc of Rwanda and the Rwandese
Patnotic Front ts hereby brought to an end.
Arttcle 2. The followmg documents are an integral part of the present Peace Agreement
concluded between the Govemment of the Republic ofRwanda and the Rwandese Patnottc Front:
1. The N'sele Ceasefrre Agreement of 29 March 1991 between the Govemment of the
Repubhc of Rwanda and the Rwandese Patnottc Front, as arnended m Gbadohte on
16 Septernber 1991 and at Arusha on 12 July 1992;
'U. The Protocol of Agreement between the Government of the Repubbc of Rwanda and the
Rwandese Patriotlc Front on the Rule of Law, stgned at Arusha on 18 September 1992;
Ill. The Protocolsf Agreement between the Govemment of the Repubhc of Rwanda and the
Rwandese Patnottc Front on Power-Shanng Withm the Framework of a Broad-Based
Transttlonal Government, stgned at Arusha respecttvely on 30 October 1992 and on
9 January 1993;
IV The Protocol of Agreement between the Govemment of the Repubhc of Rwanda and the
Rwandese Patnottc Front on the Repatriatton of Refugees and the Resettlement of
Displaced Persans, szgnedat Arusha on 9 June 1993, -
V The Protocol Agreement between the Government of the Republtc of Rwanda and the
Rwandese Patnotic Front on the mtegrattonf Armed Forces of the two parnes, stgned at
Arusha on, 3 August 1993;
VI. The Protocol of Agreement between the Govemment of the Repubhc ofRwanda and the
Rwandese Patnottc Front on Mtscellaneous Issues and Fmal ProVIsions stgned at Arusha
on 3 August 1993
These enttre documents are attached as Annex. - 3 -
Arttcle 3. The two parttes also agree that the ConstitutiOnof 10 June 1991 and the Arusha
Peace Agreement shall constttute mdtssolubly the Fundamental La'-':that shall govern the Country
dunng the Transtbon penod, takmg mto account the followmg provtstons·
1 The followmg Arttcles of the Constttutton shall be replaced by the proVIsiOnsof the Peace
Agreement relatmg to the same matters The Arttcles in question are: 34, 35, 38, 39, 40,
41,42,4,3,44,45,46,47,48,49,50,51,52,54,55,56,57,58,59,60,63,65,66,67,68
,
70, 71, 73, 74, 75 paragraph 2, 77 paragraphs 3 and 4, 81, 82, 83, 84, 85, 86, 87, 88
paragraph 1,90, 96, 99, 101.
2 In case of conflict between the other provisiOnsof the Consbtutton and those of the Peace
Agreement, the provtstons of the Peace Agreement shall prevatl.
3. The Constttuttonal Court shaHvenfy the confonmty of Laws and Orders m Council wtth
the Fundamental Law thus defined Pendmg the enactment of the law on the Supreme
Court, the extstlng Constttuttonal Court shall remam composed of both the Court of
CassatiOnand the State of Counctl The Presidmg Judge of the Constttuttonal Court shaH
assume the presidency.
Article 4 In case of confltct between the provisions of the Fundamental Law and those of
other Laws and Regulattons, the proVIsionsof the Fundamental Law shall prevail.
Arttcle 5. The Government of the Repubhc of Rwanda and the Rwandese Patnottc Front
undertake to make every posstble effort to ensure that the present Peace Agreement ts respected
and tmplemented
They further undertake to spareno effort to promote National Unity and Reconcihatton.
Article 6 The two parties agree on the appomtment of Mr Twagtramungu Faustin as Pnme
Mmtster of the Broad-Based Transttional Government, m accordance wtth Arttcles 6 and 51 of the
Protocol of Agreement between the Govemment of the Repubhc of Rwanda and the Rwandese
Patnotic Front on Power-Shanng wtthm the framework of a Broad-Based Transttional
Government.
Arttcle 7. The Transttlonal Insbtuttons shall be set up withm thirty seven (37) days
following the sigmng of the Peace Agreement.
Arttcle 8 The current Government shall remam m Office until the Broad-Based Transttional
Govemment ts estabhshed The mamtenance of that Government does not mean that tt can
encroach on the mandate of the Broad-BasedTranstttonal Govemment bemg estabhshed.
The current Government shall, in no case, take decisions whtch may be detnmental to the
tmplementatton of the Broad-Based Transttlonal programme.
Article 9 The "Consetl National de développement"(CND) shall remam in Office unttl the
Translttonal Nattonal Assembly ts estabhshed However, as from date of stgnmg the Peace
Agreement, it shall not enact laws
Arttcle 10 The present Peace Agreement ts stgned by the Prestdent of the Repubhc Rwanda
and the Chatrman of the Rwandese Patnottc Front, m the presence of
The Facthtator, Hts Excellency, Ah Hassan Mwtnyt, Prestdent of the Umted Repubhc of
Tanzania; -4-
- Hts Excellency, Yowen Kaguta Museveni, President of the Repubhc of Uganda, Observer
country;
- His Excellency Melchmr Ndadaye, Prestdent of the Repubhc ofBurundt, Observer country;
- The Representattve of the Mediator, His Excellency Faustin Birindwa, Pnme Mimster ofZatre;
Dr. Sahm Ahmed Sahm, Secretary General of the OAU,
The Representative of the Secretary General of the Umted Nattons;
The Representative of the Current Chatrman ofthe OAU;
The Representatives of other Observer countnes: Germany, Umted States of Amenca, France,
Ntgena and Ztmbabwe;
The delegations of the two parties
Article 11 The present Peace Agreement shall come rnto force upon tts stgmng by parties.
Done at Arusha, on the 4th day of the month of Aùgust 1993 both rn the French and Enghsh
languages, the ongmal text being rn French.
Protocol of Agreement between the Government of the Republic of Rwanda and the
Rwandese Patriotic Front on the Rule of Law
Stgned at Arusha on 18August 1992
PREAMBLE:
The Government ofthe Repubhc of Rwanda and the Rwandese Patnotic Front,
Reaffirming that the Rule of Law, the principle of the establishment of whtch was agreed
upon by the stgnatones of the present Protocol of Agreement, rn accordance wtth Article V of the
N'sele Agreement, as amended m Gbadohte, on 16September 1991 and rn Arusha on
12 July 1992, shall charactenze the pohttcal hfernour country,
Constdenng that the Rule of Law tmphes that nobody, rncludmg the authonties, ts above the
law and that the laws must respect the fundamental nghts of the Citizens,
Reaffirming that the Rule of Law does not mean merely a formai legality whtch assures
regulanty and consistency rn the achtevement and enforcement of democratie order, and whtch ts
first and foremost and fundamentally charactenzed by Justice based on the recognttion and full
acceptance of the supreme value of the human personahty and guaranteed by institutions proVIdmg
a framework for tts·fullest expression,
Convrnced that the Rule of Law:
ISthe best guarantee of national unity, the respect of the fondamental freedoms and nghts of
the rndtVIdual·
- ts a concrete mamfestatmn of democracy; - 5 -
- hmges on national umty, democracy, plurahsm and respect for human nghts,
Have agreed as follows.
Chapter 1: National unity
Article 1. Natmnal umty must be based on equahty of ali Citizens before the law, equal
opportumties m aU fields mcludmg the economie field and respect for fundamental nghts as
stipulated, notably, m the Umversal Declaration of Human Rtghts and m the Afncan Charter on
Human and Peoples' R.tghts
Article 2 National umty Imphes that the Rwandese people, as constituent elements of the
Rwandese nation, are one and mdivtsible. It also Imphes the necess1ty to fight ali obstacles to
national umty, notably, ethmcism, regmnabsm, mtegnsm and Intolerance which subordmate the
nattonalmterest to ethmc, regmnal, rehgtous and personalmterest.
Article 3. Natmnal umty entatls the rejection of ail exclusions and any form of
d1scnmmation based notably, on ethnicity, regton, sex and rebgton It also entails that ail cittzens
have equal opportumty of access to ali the polittcal, economie and other advantages, whtch access
must be guaranteed by the State.
Arttcle 4. The two parnes acknowledge that the national unity of the people of Rwanda
cannot be achieved wtthout a defimtive solution to the problem of Rwandese refugees They
recogmze that the retum of the Rwandese refugees to their country 1s an mahenable nght and
represents a factor of peace, unity and natiOnalreconc1hatmn. They undertake not to hmder the
free exerctse of thts nght by the refugees.
Chapter D: Democracy
Arttcle 5. Democracy ISfounded on the Idea that soveretgnty belongs to the people. It is
expressed, notably, through regular, free, transparent and farr electiOns. Popular representation
must be the authentic expresston of the wdl of cttizens.
Article 6. The two parties accept the universality as weil as the tmphcattons of the foliowmg
fundamental pnnctples of democracy:
sovereignty ofthe people,
government based on the consent of the people expressed through regular, free, transparent and
fatr elections;
separation of the legtslattve, the executive and theJUdtctarypowers;
mdependence of theJUdictary,
guarantee for the fundamental nghts of the mdtvtdual as provtded for m the Umversal
Declaration of Human Rlghts as weil as m the Afucan Charter on Human and Peoples' Rlghts,
among others, freedom of speech, enterpnse and of pohttcal, social and economie associatiOn,
laws and regulations based on the respect of fundamental human nghts, -6-
- equaltty before the law,
- respect of laws and regulations by ali;
Constitution which respects the pnnciples enunctated above, orgamzes the State powers and
defmes the powers and lurutations of the Institutions of the Repubhc;
multipartism, soctal and econonnc plurahsm.
Article 7 The two parties recogmze that multipartism entalls the legttimate extstence of a
democratie opposition and constder, as legitimate, the aspiratiOnof any Rwandese citizen to accede
to power through democratie process.
Article 8. The two parties resolutely reJect and undertak.eto fight
pohttcal Ideologtes based on ethntctty, region, rehgton and mtolerance which subordmate
nationalmterest to the ethmc, regtonal, rehgtous or personalmterest,
any form of coup d'étatas bemg contrary to the democratie system as described above.
Article 9. ln order to promote and consolidate the democratie system as descnbed above, the
two parties undertake to work for social, economtc and cultural development of the country and to
fight hunger, Ignorance, poverty and dtsease.
Article 10. Elections shaH be organized m such a way that transparency ts guaranteed and
fraud ehmmated through the establishment of effictent supervtston mechanisms mcludmg, tf the
need anses, enlisting the assistance of mternattonal observers. The pnor and full explanatlon of the
citlzens' nghts and CIVIC duties mcludmg the Issues at stake m the elections ISthetr mahenable nght
as a way ofavotdmg any form ofpohttcal mantpulatton
Article 11. The two parties accept to promote, m national pohtical hfe, a democratie culture
based on the pnnciples enunc1ated above.
Article 12 The broad-based transttlonal government provtded for m Article V of the N'sele
Agreement, as amended m Gbadobte, on 16 September 1991 and m Arusha on 12 July 1992, shall
lead the country to a democratie system as defined above
To this end, the two parties note that a pohtical process has been imttated by the Rwandese
people to ensure the progress of democracy and reaffirm the need to build together a society
founded on the Rule of Law as stipulated m the present Protocol
Chapter ID:' Pluralism
Article 13 The two parties recognize that a democratie soctety is also founded on plurahsm
which IS the expression of mdivtdual freedoms and must respect national unity and the fundamental
nghts of the citizen.
Chapter IV: Human rights
Article 14 The two parties recogmze the umversal nature of human nghts and should
express concern when these nghts are vtolated anywhere and by anybody -7-
They also recogmze that the Intemattonal Corrunumty would be JUSttfied m expressmg
concem m the event that these nghts are vtolated by anybody on Rwandese territory. These rights
shou1dbe guaranteed by the Constttutron and the 1awsof the Repubhc of Rwanda
Article 15 The two partres agree that a National Commission on Human Rtghts shall be
estabhshed. This mstttution shaH be mdependent and shaH mvestigate human nghts vtolations
connmtted by anybody on Rwandese territory, m particular, by organs of the State and mdtvtduals
m thetr capacity as agents of the Stateor ofvanous orgamzattons
The mvestigatton work of the Comnnss10nshaHnot be hnnted tn time.
The Commtsston shall be provtded wtth the necessary means, espectally legal means, to
effictently accomphsh tts nnsston. It shaH utthze Its findmgs to: (a)sensttize and educate the
population about human nghts, (b)mstttute legal proceedings, where necessary
Arttcle 16. The two parties also agree to estabhsh an InternatiOnalCommissiOnof Enqutry
to mvestigate human nghts viOlationscomnntted dunng the war
CONCLUSION
Arttcle 17. The two parties concur that national umty, democracy and peace are mvaluable
and solemnly undertake to do everythmg posstble so as to preserve these values m the mterest of
the present and futttre Rwandese generations
Done at Arusha, the 18th day of August 1992 m French and Enghsh, the French verston
bemg the origmal.
Protocol of Agreement on Power-Sharing within the framework of a Broad-Based
Transitional Government between the Government of the Republic of Rwanda
and the Rwandese Patriotic Front
The Govemment of the Republic ofRwanda and the Rwandese Patnottc Front:
Agree on the followmg provtstons whtch are an mtegral part of the Protocol of Agreement
on Power-shanng:
CHAPTER 1: GENERAL PRINCIPLES
Arttcle 1 The two parties reaffirm the acceptance of the pnnctple of power-sharmg withm
the framework of a Broad- Based Transtttonal Govemment, m confornnty wtth Arttcle V.3. of the
N'sele Ceasefire Agreement, as amended at Gbadolite on 16September 1991 and at Arusha on
12July 1992 The modahttes of Implementation of this pnnciple are the object of the present
Protocol of Agreement on Power-shanng
Article 2 The two parties agree that those modahttes shall constst of
(a) the mamtenance of the current structure of the Coahtion Government wtth appropnate
adJustments to be mutually agreed upon m thts Protocol, wtth a vtew to makmg room for the
participation of the RPF and other pohttcal forces m the country;
(b) appropnate adjustments to be mutually agreed upon m this Protocol, to be made at the level of
the State powers wtth a vtew to enablmg the RPF and other pohttcal forces m the country to -8-
parttctpate m and make for the efficient management of the transttton, m comphance pnnctple
of separatton of powers
CHAPTER ll: TRANSITION AL INSTITUTIONS
A.rtlcle3 Dunng the transitional period, the State mstttuttons shall be:
(1) The Presidency of the Repubhc;
(n) The •'oad-Based Transttional Govemment;
(m) The Transttional National Assembly,
(iv) The Institutions of the Judtctary.
CHAPTER Ill: THE EXECUTIVE POWER
Article 4. The Executive power shall be exerctsed collecttvely through declSlons taken m
Cabinet meetmgs, by the President of the Repubhc and by the Government.
Section 1: The President of the Republic and Head of State
Arttcle 5 Upon the stgmng of the Peace Agreement, the mcumbent Prestdent of the
Repubhc and Head of State shaHremam m office Wlttlthe outcome of elections to be held at the
end of the transttional penod
A.rtlcle6. As Head of State, the President of the Repubhc shaH have ~he followmg
prerogatives:
(a) He shall nominate the Pnme Mtmster and other members of the Cabmet wtthm three days
followmg their appomtment by the relevant bodies. After thts period, the Pnme Miruster shall
assume office and appomt other Members of the Cabmet. Modahttes for the appointment of
the Pnme Minister and other Members of the Cabmet shall be provtded for m this Peace
Agreement;
(b) He shall nommate and accredtt ambassadors, plenipotenttanes and extraordtnary envoys
abroad, after thetr appomtmentby the Cabmet He shall recetve credenttals of ambassadors and
extraordmary envoys from abroad, after thetr approval by the Cabmet,
(c) He shall represent the Rwandese State m tts relations wtth other States,
(d) He shaH sanction and promulgate, without any nght of veto, bdls passed by the National
Assembly and Orders m Counctl adopted m the Cabmet meetmgs wtthm ten days following the
date ofreceipt of the rulmg on thetr constitutionabty. After this penod, Orders m Council shaH
be sancttoned and promulgated by the Prime Mmtster, and the btlls shall be sancttoned and
promulgated by the Speakerof the Trans1t10nalNational Assembly,
(e) He shall declarewar and signarmtstice upon the dectsion of the Cabmet and after authonzatton
by the National Assembly To this end, he shall bear the tttle of Commander-m-Chtef of the
Armed Forces. The Anny and other secunty forces shall be accountable to the Cabmet, m
accordance wtth the modahttes spectfied m the Peace Agreement -9-
Arttcle 7. The Prestdent of the Repubhc shall have the right to include any tssue ofnattonal
mterest on the agenda of Cabmet meetmgs.
Arttcle 8. The Prestdent of the Repubbc may, if he so wishes, attend meetmgs of the
Cabmet In this case, he shaHchatr the Cabmet meetmgs.
Arttcle 9. Executive Orders by the President of the Repubhc, shall be discussed and adopted
by the Cabmet. Smce the President of the Repubhc shaH have the nght to be mvolved m
decision-making in the Cabmet, he shaHhave no nght of veto on deciSions regularly taken by the
Cabmet, m particular, draft Prestdenttal Orders when these are submttted to htm by the Prime
Mmtster for stgnature This stgnature offictahzmg the Prestdenttal Orders adopted m the Cabmet,
shall be effected wtthin ten days followtng the day of recetpt of the satd Orders at the Prestdency of
the Repubhc.
After this penod, the dectsion shaHcome mto force by way of a Pnme Mmistenal Order.
Arttcle 10. Legal Acts by the Prestdent of the Repubhc shaHbe counterstgned by the Pnme
Mtmster and by relevant mtmsters and secretanes of State
Arttcle Il. In pursuance of the decisions of the Cabmet and in confonnity wtth the
procedure defined under Arttcle 9 of the present Protocol, the President of the Republtc shall stgn
Prestdenttal Orders wtth regard to the followmg.
1. the prerogative of mercy,
2 the mtnttng of currency,
3 award of the National Orders·
4. the Implementation oflaws, when he is so required;
5 the appointment and termmatton of servtces of the foHowtng sentor ctvtl servants·
the Principal Pnvate Secretary to the President of the Repubhc,
the Chancellor for Nattonal Orders;
- the Governor of the National Bank of Rwanda;
the Rector ofthe National Umversity of Rwanda,
ambassadors,
- the Secretary to the Cabmet,
the Persona}Secretary to the President of the Repubhc,
advtsers m the Presidency of the Repubhc,
- pnncipal pnvate secretanes m mtmstnes;
- advtsers m mtmstnes;
- Head of the Prosecut10nDepartment at the Supreme Court; -10-
6 Ratification of mtematlonal treatles, conventions and agreements However, peace treattes,
treattes of alhance, treattes whtch may entatl altermg national borders or affect the nghts of
soveretgnty, treattes on the assoctatton of the Repubhc wtth one or severa}other States, as weil
as treatles, conventions and agreements wtth financtal implications not catered for m the
budget, shall be tmplemented only after thetr approval by way of a law. The federation of the
Repubhc of Rwanda wtth one or several other democratie States must be approved through a
Referendum.
Article12. The Prestdent of the Repubbc shall address messages to the Nation, the content
of whtch shall be dectded upon by the Cabinet.
Section 2:
The Broad-based Transitional Government
Arttcle 13. The current structure of the Government, namely, the number and appellation of
Mmtstnes, shall remam unchanged However, a Secretariat of State m the Pnme Mmtster's Office
m charge of Soctal Rehabllttation and Integration shall be estabhshed. lt shall be responstble for
1. Repatnation and soctal and economie remtegration of the Rwandese refugees who may wtsh to
go back home; 4t
2. A Post-War Rehabthtation Programme as defined under Item 23.D of the present Prôtocol.
Arttcle 14. The pohttcal parties parttcipating m the Coalition Government estabhshed on
16 Apnl 1992 as weil as the Rwandese Patnottc Front shall have the responstbthty to set up the
Broad-Based Transtttonal Government They shall dectde, by consensus, on the other pohtical
formations whtch may partlctpate m that Govemment
Arttcle 15 The Govemrnent shall be composed of the Prime Mmtster, the Deputy Pnme
Mmister, mmisters and secretanes of State.
Sub-section 1: The Powers of the Government:
Arttcle 16. The Govemment shaHbe responstble for the management of the country. 1tshall
determine and Implementnational pohcy. In so domg, the Government shaH:
1. Be responsible for the tmplementatlon of laws and regulations;
2 Negottate and conclude mtemational treatles, conventions and agreements;
3. Dtscuss and adopt draft bills and present them to the National Assembly;
4 Dtscuss and adopt Orders m Counctl, m sttuatJ.ons of emergency or when the National
Assembly ts unable to seat, and transmit them to the Prestdent of the Repubhc for
promulgation;
5. Appomt and dtsmtss ctvtl servants
6. Dtscuss and adopt Prestdenttal, Pnme Mtmstenal and Mmtstenal Statutory Orders on the
Implementationof laws.
Arttcle17 The Government shall be the guarantor of national sovereignty and national
umty. -Il-
Sub-section 2: the Prime Minister
Amcle 18: The Pnme Mtmster shaH·
1 In accordance wtth the Peace Agreement and m consultatton with the pohttcal forces, prepare
the Govemment programme;
2 In conformity wtth the modahties provtded for m the Peace Agreement, select the other
members of the Cabmet,
3. Present the Government programme and the Mimstenal team responstble for Its
tmplementahon to the National Assembly,
4 Lead Govemment busmess, convene and chair Cabmet Meetings. He shall prepare the agenda
for cabmet meetmgs, m consultation wtth the other members of the Government. The Prime
Mimster shall commumcate the agenda to the Prestdent of the Repubhc and to the other
members of the Govemment, at least two days before the date of the meeting.
5 Detemnne the functtons of the mmisters and secretanes of State as weil as the nature and extent
of powers of the servtces under them. The mimsters and secretanes of State shall be delegated
powers by the Pnme Mtmster for the management of the dunes of thetr departments The
Pnme Mmister shaHdetermme the extent of thts delegation of power
6 Inpursuance of the deciSionsof the Cabmet, stgn Pnme Mtmstenal Orders for the appomtment
and termmatton of servtces of the followmg semor ctvd servants.
- the Pnnctpal Prtvate Secretary to the Pnme Mtmster,
Deputy Governors of the National Bank of Rwanda;
Vtce-Rectors of the Nattonal Umverstty of Rwanda,
Advtsers and "Chefs de Servtce" m the Pnme Mtmster's Office,
the "Préfetsde Préfecture";
Dtrector m Pubhc Enterpnses;
Dtrectors General m the Mmtstnes;
Planmng and Co-ordmatton Officers m Pubhc Enterpnses,
Dtrectors m Pubhe Enterprtses and Representattves of the Govemment m Parastatals;
Dtrectors and Heads of Dtvtston m the Mtmstnes ·
"Sous-Préfets";
Bourgmestres,
Deputy Directors ofPubhc Prosecutton at the Supreme Court;
Head of the Prosecutwn Department of the Courts of Appeal;
Deputy Directors of the Courts of Appeal; --
- 12-
- Head of the Prosecution Department at the Courts ofFrrst Instance;
AsststantState Attorneys
Upon delegation of power by the Cabmet,
(a) the Mimster responstble for the CIVIlSerVIce shall stgn Mmtstmal Orders wtth regard to
appmntments and termmabon of serVIces of CIVIlservants from therank of chtef clerk or
eqmvalent and lower-level posts.
(b) The Mintster of Justice shall stgn Mtmstenal Orders for the appomtment and termmatton of
serVIcesof Judtctal staff other than magtstrates.
(c) In public enterpnses, sentor staff shall be appomted by the Board of Directors and the rest of
the staffby the relevant drrector.
7. Counterstgn, after thetr promulgation by the Prestdent of the Repubbc, btlls passed by the
Natlonal Assembly as weil as StatutoryOrders m Counctl adopted by the Cabinet.
8. By way of Orders decided upon dunng cabmet meetmgs, tmplement laws and regulations when
he ISrequtred to dSO. e
9. Address messages to the NatiOnwhose content shall be dectded upon by the Cabmet.
10. May, under excepttonal ctrcurnstances, after a dectston taken by the Cabinet and on
consultationwtth the Bureau ofthe National Assembly and the Supreme Court, declare aState
ofStege or aState ofEmergency.
Arttcle19 Legal acts by the Pnme Mtmster shall be counterstgned relevant mmisters and
secretanes of State.
Sub-section 3: Funetions of the Deputy Prime Minister
Arttcle 20 The Deputy Pnme Mmtster shall:
Upon formai delegation of power, replace the Prtme Mmtster rn the event of bts absence or
hmdrance
2. Act as Pnme Mmtster when the post falls vacant, unttl a new Pnme Mtmster ts appomted,
followmg modahttes proVIdedfor m the Peace Agreement
3. Inaddttion, hold a mtmstenal portfoho.
Sub-Section 4: Mode of decision-making witbin the Government
Arttcle21 Pnor to the deliberatiOns,the Cabinet meetmg shall adopt tts agenda. Cabmet
decistons shall be taken by consensus. Where consensus ts not reached, the tssue at bandbe
retumed to the relevant Mmtster for further study. Consensus on the tssue shall once agam be
requrred subsequent dtscusstons, andf no consensus ts reached, a dectston shall be taken on the
hasts of a partlal consensus of a 2/3 of the members of the Govemment present
For the followmg tssues, however, consensus shall be mandatory:
amendment to the Peace Agreement, - 13-
- declaratton ofwar,
exerctse of the prerogative of mercy and rntttgatlon of sentence,
defence and secunty matters,
Arttcle 22. For each Cabmet Meetmg, rnmutes and a summary of dectstons shall be wntten
The surnmary shall be approved and signed by rnembers who attended the sa1dmeetmg
Sub-Section S: Outline of the Broad-based Transitional Government programme
Arttcle 23. The Broad-based Transtttonal Government shall tmplement the programme
compnsmg the followmg
A. Democracy
1. Consohdate the democrahc process by estabhshmg the necessary mechantsms for the
tmplementatton ofthe provisiOnsof the Protocol on the Rule of Law.
2. Prepare and orgamze general elections to be held at the end of the Transttton Penod
B. Defence and security
1. Consohdate peace by tak:mgthe necessary measures for the eradtcatton of the causes of war,
espectally those stemnung from the non-respect of natiOnalumty, human nghts and democracy.
2. Ensure mternal and externat securtty
3. Take the necessary measures for guaranteemg the secunty of all the people and thetr property.
4. Organtze defence and securtty mstttutmns.
C. National unity and national reconciHation
1. Restore nahonal umty, m parttcular and as a matter ofurgency by
(a) Setttng up efficient mechamsms a1medat ehmmattng all types of dtscnrmnatton and excluston;
(b) Workmg out appropnate legtslatlon m thts regard,
(c) Estabhshmg a recruttment system for semor govemment posts, for ali other posts, and for
admtsston to schools, based on fatr competttlon gtvmg equal opportumty to all cttlzens.
2. Orgamze a nattonal debate on Nattonal Umty and Nattonal Reconcthatton
D. Post-war rehabilitation programme
1. Provtde humamtarian asststance, espectally through the supply of foodstuffs, seeds and sorne
butldmg matenals m a btd to contnbute m the resettlement of those dtsplaced as a result of the
war and soctal stnfe encountered smce the outbreak of the war, m thetr ongtnal property -- -- --- ---r
1
1
- 14-
2 Rehabthtate and rebutld the areas devastated by war and soctal stnfe encountered smce the
outbreak of war, espectally through mme-clearance and rebmldmg of socto-educattonal and
admtmstrattve factlittes
3. Set up a programme of assistance to the vtctims of war (both ctvihan and military) and of social
stnfe encountered smce the outbreak of the war, to the phystcally handtcapped, orphans,
wtdows and wtdowers.
4. Set up appropnate programmes for the economtc and soctal mtegratton of the demoblltzed
mihtary personnel
E. Repatriation and reintegration of refugees
Repatnate and reintegrate ail Rwandese refugees who may wtsh togo back home, followmg
the modahttes spectfied m the Peace Agreement.
F. The economy
1. Sttmulate the economy by, as a pnonty, onenttng economtc programmes towards the
dtsadvantaged regtons and soctal strata
2. Revtew the country's pnontles Wtththe atm ofpromottng food secunty (apphcatton ofselected
seeds and fertihzers, storage, etc.)
3. Dtverstfy export products.
4. Encourage small and medium scale mdustries.
5. Draw up and apply strategtes for better utthzatton of the country's resources (natural and
human).
G. National ethics
1. Estabhsh a mechamsm for guaranteemg a profess10nalcode of ethtcs, mtegnty and patnottsm
2. Estabhsh a system for the eradication of aUforms of corruption.
3 Evaluate and clean up ali the State admtmstrattve mstituttons.
CHAPTERIV:
SPECIALIZED COMMISSIONS
Article 24 In addttlon to the commtsstons already agreed upon m the prevtous Agreements,
the folloWtngbroad-based spectahzed commtsstons shaHbe estabhshed
A. COMMISSION FOR NATIONAL UNITY AND NATIONAL RECONCILIATION
Thts commtsston, whtch reports to the Govemment, shaHbe responstble for
1 Prepanng a national debate on national untty and national reconcdtatton - 15-
2. Prepare and dtstnbute mformat10natmed at educatmg the population and achtevmg national
umty and national reconcthahon
B. LEGAL AND CONSTITUTIONAL COMMISSION
This CormmsstonshaHbe responstble for
1. Drawtng up a hst of adaptations of national legtslahon to the proVIsions of the Peace
Agreement, m partlcular those provtstons relatmg to the Rule of Law.
2 Prepare a prehmmary draft of the Constttutton whtch shaH govern the country after the
transtttonal penod.
C. ELECTORAL COMMISSION
Thts Com.rmsston shall be responstble for the preparation and organizabon of local,
legtslattveand prestdenttal elections.
CHAPTER V: THE JUDICIARY
SECTION 1: GENERAL PRINCIPLES
Article25
Sectwn 1 Generalprincip/es
The powers of the Judtctary shall be exercised by courts, tnbunals and other Junsdtctlons.
The Judictary ts mdependent of the Legtslature and the Executtve. Justice shall be rendered on the
terntoryof the Repubhc m the name of the people.
Sectwn 2· Jurisdzctwns
Article 26. The followtng ordmaryJunsdtcttons shaHbe recogmzed. Canton Courts, Courts
of Frrst Instance, Courts of Appeal and the Supreme Court The following mihtary junsdtcbons
shall also recogmzed: Court Marttals and the Milttary Court. The law may estabhsh any other
spectahzed courts However, no special courts may be estabhshed.
Sectwn 3. The Supreme Court
Arttcle 27 nie SupremeCourt shaHparticular exercise the followmg functtons:
(a) duect and co-ordmate the activtttes of the courts and tnbunals of the Repubhc It shall be the
guarantor of the mdependence of the JUdtciary To this effect, tt shall be responstble for the
profess10nalcode of ethics,
(b) ensure the constttuttonahty of laws and Orders m Councll. Inso domg, tt shall ensure their
constituttonahtybefore promulgation,
(c) gtve a ruhng on the pennon for annulment of regulations, orders and deciSions tssued by
admmts1rattveauthonttes - 16-
(d) ensure the regulanty ofpopular consultations,
(e) provtde, upon request, legal optmons on the regulanty of draft Prestdenhal, Prime Ministerial
regulations;
and Mmtstenal orders as weil as on other draft pubhc adrnmistration
(j) giVethe authentlc mterpretatton on custornary practice m case wntten law ts stlent thereon;
(g) gtve a ruhng on appeals to the Court of Cassation to have a new tnal ordered and on transfer of
cases from one Court to another,
(h) arbitrate on mstltutlonal conflicts between various State organs;
(i) judge the accounts of ail pubhc mshtuttons;
0) have cnrnmal Junsdtctton over the Prestdent of the Repubhc, the Speaker of the Nattonal
Assembly, the Prestdmg Judge of the Supreme Court, the Pnme Mmtster, the Deputy Pnme
Mmister, mmtsters, secretanes of State, the deputy presidmg judges of the Supreme Court,
deputtes m the Nahonal Assembly, the Prestdmg Judges of the Courts of Appeal, the Pubhc
Prosecutors and Deputy Dtrectors of the Supreme Court and of the Courts of Appeal.
On first tnal, the above-hsted offictals shall be tned by the Court of CassattonOn appeal, ,a
they shall be Judged by the Supreme Court, m the presence of ali the Jurisdictional sections, wtth at •
}easteleven JUdgeswithout mcludmg the JUdgesof the Bench of the Court of Cassation who gave a
ruhng on the case on the frrst tnal
Arttcle 28 The Supreme Court shaHcompnse the followtng five sectiOns:
(a) The Department of Courts and Tnbunals;
(b) The Court of Cassation,
(c) The Constitutional Court,
(d) The Counctl ofState;
(e) The Pubhc Accounts Court.
Arttcle 29. The Supreme Court shaHbe chatred by a Prestdtng Judge asststed by five deputy
prestdmg JUdges. The Prestdmg Judge and the deputy prestdmg JUdges shaH be selected by the
National Assernbly from a hst presented by the Governrnent based on two candidates for each post. e
Each Deputy Prestdmg Judge shaHalso be Head of one of the sections of the Supreme Court.
The servtces of the Presidmg Judge and deputy prestdmg JUdgesof the Supreme Court shall
be termmated by the Nattonal Assernbly votmg by a 2/3 rnaJonty, etther upon tts tmtlattve, or upon
the proposai of the Governrnent. The mstruments of appomtinent and termmatton of the servtces of
the Prestdmg Judge and deputy prestdtngJudges shaHbe signed by the Prestdent of the Repubhc.
Arttcle 30 Candidates for the post of Prestdmg Judge and deputy prestdmg JUdgesof the
Suprerne Court must meet the followmg requtrements·
1 Hold at least a Umverstty Degree m Law.
2. Gtve proof of at least five years' practical expenence m the field of Law
Article 31 Judges of the Supreme Court, of the Court of Appeal as weil as the Prestdmg
Judges of the Courts of first mstance must hold at least a Degree m Law or eqUivalent. - 17-
Arttcle 32. Upon the declSlon of the Supreme Counctl of thMag~.str te Pres,dmg
Judge of the Supreme Court shall stgn the Instruments of appomtment and terminatton of sefVlces
ofjudges ofthe Bench.
Arbcle 33 An orgamc law shall detennme the powers, the orgamzation and the rules of
procedure of the Supreme Court. Pendmg the adoptton of the satd law, the legtslation IDforce
relattnto the powers, orgamzatton and the rules of procedure of these Courts shall remam IDforce
Section5: RelatJOnshzpbetweentheSupremeCourtandthe Government
Arttcle 34 The Government shaH delegate one or severa} Cotrumsstoners to one or ali
sectionsof the Supreme Court to represent tt and to avail any requtred IDformatmn
The Govemment Cotrumssmners shall parttctpate m dtscusstons on matters for whtch they
have been designated but as non-vottng members.
Article 35 The Implementation of the decisions by the Supreme Court, as well as the
financial management of, and other admintstrattve measures concemmg the Supreme Court shall
be vested m the Govemment. However, the law orgamzmg of the Supreme Court shall defme the
admtnistrattve measures commg under ttsJunsdtctton.
Article 36.Inmatters relating to the organizatton of the Judictary, the Supreme Court may
submtt to the Government any refonn proposais whtch, m tts opimon, are of generalmterest
Sectzon6: TheSupremeCounc1lofMagistrates
Article 37. The Supreme Court ofCouncil of the Magistrates shaHcompnse·
- The Prestdmg Judge of the Supreme Court as Charrman;
- the deputy presidmg Judges of the Supreme Court;
- two Judges of the Bench of the Supreme Court;
- aJudge of the Bench from each Court of Appeal;
a JUdge of the Bench from Courts of Ftrst Instance under the Junsdtctlon of each Court of
Appeal,
a magtstratef Canton Court under the Junsdtctton of each Court of Appeal
The Govemment Cormmssmners to the Department of Courts and Tnbunals shall attend
meetmgs of the Supreme CounctofMag~.s tsnoat-otmg members
The Council shall elect from Its members a Vtce-Chairman and a Rapporteur
Article 38. With the exception of the Prestdmg Judge and the deputy prestdmg Judges of the
Supreme Court, members of the Supreme Councll of Magtstrates shall be elected by thetr peers of
the same level ofJunSdictton
Applications shall be submttted to the Supreme Court at least one month before the date of
electmns Each candtdate shall gtve proof of at least five years' practtcal expenence in the field of
Law. Elections shall be orgamzed by the Supreme Court -18-
Artlcle 39. The SuprerneCoWlctlof the Magtstrates shaHhave the following powers:
(a) Dectde on the appomtment and temunatton ofservtces and, m general, the admtmstratton ofthe
career ofJudges of the Bench other thanthe Prestdmg Judge and deputy prestdmg Judges of the
Supreme Court
' (b) Gtve advtsory optmon upon tts own tmttatlve or upon request, on any proposai relatmg to the
Judtctal staffregulatiOnswtthm ttsJunsdtcttons
(c) Gtve advtsory opmton, upon tts own mtttattve or upon request, on any matter concernmg the
admmtstrat10nof Justtce
CHAYfER VI: 0THER AREAS OF AGREEMENT
Article 40. The mtttattve oflaws shaHbe vested m the Cabmet and the National Assembly.
Article 41. The Constitution whtch shall govem the country after the transition penod shall
be prepared by the Legal and Constitutional Conmusston compnsmg national experts referred to
under Article 24.B of thts Protocol. Thts Conmusston, whtch shall be under the National
Assembly, shall prepare, after an extenstve consultation wtth ail the strata of the populatiOn, a
prehmmary draft Constitution whtch shaH be subrnitted to the Governrnent for advtce, before
subrnitting tt to thetional Assernbly whtch shaHfmahze the draft Constitution, to be subnutt,ed
to a referendum for adoption.
Artlcle 42. The National Assernbly shall exerctse control over the Govemment's acbvtties,
m hne wtth the mechantsms provtded for by the law.
Article 43. The National Budget shall be prepared by the Govemment and voted by the
National Assembly. Where the budget ts not voted m tune, the Pnme Mtmster shaH, upon the
dectston of the Government, pass a decree authorizing the drsbursement of monthly provtsiOnal
expendtture.
Artlcle 44. The "Office Rwandais d'Information" (ORINFOR) shall faUunder the Mmtstry
responstble for Information and the "Office du Tourisme et des Parcs Nationaux" (ORTPN) under
the Mimstry responstble for Tounsm.
Artlcle 45. In cnmtnal matters the responsibility of the Prestdent of the Repubhc, the
Speaker of the National Assembly, the Prestdtng Judge of the Supreme Court, the Prime Mmrster,
the Deputy Pnme Mtmster, mtmsters, secretanes of State, the asststant presidmg Judges of the
Supreme Court and deputtes, shallbe mdtvtdual.
However, they shall not be subjected to custody They may appear before Justice through
thetr proxtes. They shall bejudged by the Supreme Court.
Deputtes shall not be prosecuted or sued as a result of opmrons expressed or votes cast m the
exercise oftherr duttes.
Artlcle 46 As a matter of urgency and pnonty, the Broad-based Transttional Govemment
shaHnd the admmistrattve apparatus of ali mcompetent elements as weil as authonties who were
mvolved m the soctal stnfe or whose activities are an obstacle to the democratie process and to
national reconctltation.
In any case, ali local authonties (Bourgmestres, Sous-Préfets,Préfetsde Préfecture)shaH
have been etther replaced or confirmed within three months after the estabhshment of the
Broad-based Transttional Government. -19-
Done at Arusha, on thts 30th day of October 1992 m French and Enghsh, the French text
bemg the origmal.
CHAPTER VII: NEW AREAS OF AGREEMENT
Section 1: Provisions relating to the Executive Power
Sub-Section 1: Replacement of the President of the Republic during the transition al period
Article 47. In the event of a temporary tmpedtment or mcapacity of the Prestdent of the
Repubhc to carry out his dunes, the Speaker of the Transitlonal National Assembly shall assume
the mtenm unttl the mcumbent Prestdent resumes office.
Article 48. Inthe event of resignatiOnor death, permanent tmpediment or mcapacitation of
the President of the Repubhc.
1. The office shaHbe declared vacant by the Supreme Court upon request by the Broad-Based
Transitional Govemment.
2. The mtenm presidency shall be assumed by the Speaker of the Transitional National Assembly.
3 The replacement of the Prestdent of the Repubhc shaHbe conducted in the followmgmanner.
(a) The party of the former Prestdent of the Repubhc shall present two candtdates to the Bureau of
the TransttJ.onalNational Assembly within three (3) weeks of the declaration of the vacancy.
(b) Withtn the fourth week, the election of the President of the Repubhc shaHbe conducted m a
JOint session of the Broad-Based Transttlonal Govemment and the Transttlonal National
Assembly. The respective members of the two mstitutions shall elect the Prestdent of the
Repubhc by secret ballot and by an absolute maJonty. The election shall be supervtsed by the
Speaker of the Transittonal NatiOnalAssembly.
(c) If the Party of the former President ofthe Repubbc, for one reason or another, ts not wtlhng to
present a candtdate or cannot present any candtdate, or tf the Prestdent of the Repubhc has
resigned from his party m the meanbme, each pohtical force represented rn the Transitlonal
NatiOnalAssembly may submit one (1) candidate wtthm SIX (6) weeks after the declaration of
the vacancy The election shall be conducted during the seventh week, at the latest, following
the modahties provtded for m pomt (b)above
(d) If the vacancy ts declared three (3) months or less before the expiry of the transitional penod,
the Speaker of the Transttlonal National Assembly shall assume the mterim prestdency of the
Repubhc until the end of the transition
Article 49 The candtdate to the presidency of the Repubhc should be at least thtrty-five (35)
years of age Once elected, the Prestdent cannat perform any mthtary or other remunerattve
acbvtty.
Arttcle 50. The new President of the Repubhc sha11be swom m wtthm eight (8) days after
bts electiOn, by the Prestdmg Judge of the Supreme Court, before the National Transitlonal
Assembly. -20-
Sub-Section 2: Appointment of the Prime Minister, ministers and secretaries of State
Arttcle51 The candtdate for the post of Pnme Mmtster shall be presented by the pohttcal
formation destgnated to that effect. He shall be presented to the two parties to the negotiattons for
approval He should be lmown before the stgnmg of the Peace Agreement. -
Article 52 The Pnme Mmtster shall, m consultation wtth each pohttcal force called upon to
parttc1pate m the Government, select candtdates for the portfolios dtstnbuted among the vanous
pohtical forces He shaHpresent them to the Prestdent of the Repubhc for appointment as weil as
to theTransttional National Assembly, m accordance with Arttcle 18, paragraph 3 of the Protocol
of Agreement stgned on 30 October 1992.
Sub-Section 3: Replacement of the Prime Minister, ministers and secretaries of State
Article 53. The vacancy of the post of Pnme Mmtster shall be declared by the Supreme
Court upon request by the Broad- Based Transttional Government. The pohtical force of the
former Pnme Mtmster shall submtt a candidate withm fifteen ( 15)days of the declaration of the
vacancy Pohttcal formations parttctpatmg m the Broad-Based Transttional Government shaH,
under the co-ordmatton of the Deputy Pnme Mmtster, hold consultations for the approval of the
candtdate. Once a consensus ts reached, the Deputy Pnme Mmtster shall present the candidate to
the Presidentof the Repubhc for appomtment wtthm three (3) days
Arttcle 54. The Prtme Mmtster, m consultation wtth the pohtical force of the Mmtster or
Secretary of State to be replaced, shaH present a candtdate to the Prestdent of the Repubhc for
appomtment. ,
Sub-Section 4: Distribution of ministerial portfolios within the Broad-Based Transitional
Government
In accordance wtth the provtstons of Article 14 of the Protocol of Agreement signed on
30 October 1992,the numencal distribution of the portfolios among pohtlcal forces called upon to
partlctpate m the Broad-Based Transtttonal Government shaHbe as follows.
- MRND· 5 portfohos
- RPF 5 portfohos
- MDR 4 portfolios (mcludmg the post ofPnme Mmtster)
- PSD. 3 portfolios
- PL: 3 portfolios
- PDC: 1portfoho
Arttcle 56 Nonunative dtstnbutton of portfolios shallbe as follows:
-MRND
1. Mtmstry of Defence;
2 Mmtstry ofHtgher EducatiOn,Sctenttfic Research and Culture, -21 -
3. Mtmstry of Public Servtce,
4. Mmtstry ofPlanning,
5 Mmtstry ofFamily Affatrs and Promotion of the Status ofWomen.
- RPF
1 Mtmstry oflntenor and Communal Development;
2. Mmistry of Transport and Communications;
3 Mmtstry of Health,
4 Mtmstry of Youth and Assoctattve Movement;
S. Secretanat of State for Rehabthtation and Social Integration
-MDR
1. Pnme Mmtster;
2. Mmtstry of Foretgn Affarrs and Co-operation;
3. Mtmstry ofPnmary and Secondary Education,
4. Mmtstry of Information.
- PSD
1 Mtmstry ofFmance,
2. Mtmstry of Public works and Energy,
3. Mimstry of Agrtculture and Ltvestock Development.
-PL
1. Mtmstry of Justice;
2. Mmtstry of Commerce, Industry and Cottage Industry;
3 Mtmstry of Labour and Soctal Affairs;
- PDC: Mmtstry of Envtronmentand Tounsm
Amcle 57 The two parties further agree that
- Wtth reference to Article 5 of the Protocols of Agreement stgned on 30 October 1992, the
Prestdency of the Repubhc shall go to the MRND party;
one of the holders of the five (5) mmtstnes allocated to the RPF shall bear the title of Deputy
Pnme Mtmster in accordance wtth Article 20, paragraph 3 of the Protocol of Agreement stgned
on 30 October 1992 -22-
Arttcle 58 In case one of the polittcal forces called upon to parttctpate m the Broad-based
Transtttonal Govemment as proVJdedfor under Article 14 of the Protocol of Agreement signed on
30 October 1992, defaults, the portfolios whtch bad been allocated to that force shall be dtstnbuted
among the remammg pohttcal forces. The posstbthty of opemng to pohttcal forces other than those
menttoned under Arttcles 55 and 56 above shall be agreed upon by consensus m accordance wtth
Article 14c1tedabove
Arttcle 59. Permanent tmpedtment rendenng the Prestdent of the Repubhc, mmtsters and
secretariesof State mcapable of carrying out therr duttes shall be declared by the Supreme Court
followmg thetr restgnatton, death or phystcal mcapacttatton certtfied by a medtcal cornnuss10n
estabhshed by the Government for that purpose, and also followmg dtsmissal as a result of final
sentencing for crimmal offences
Section 2: Transitional National Assembly
Arttcle 60. The Transtttonal National Assembly shall, except m the case as proVJdedfor m
Article 63 of thts Protocol of Agreement, be normally composed of seventy (70) members called
"deputies to the Transitional National Assembly". The "deputtes" shall be appointed by their own
pohttcal forces and thetr mandate shall cover the whole transtttonal penod.
The Transtttonal Nattonal Assembly shall make tts own rules of procedure.
Article 61. Ali the polittcal parttes regtstered m Rwanda at the stgnmg of this Protocol as
well as the RPF shall be represented m the TransittonalNational Assembly, on condttton that they
adhere to and abtde by the proVIsionsof the Peace Agreement. To that effect, ali these parnes and
the RPF should, pnor to the establishment of the Broad-Based Transtttonal Nattonal Assembly and
Pohttcal Code of Ethtcs whose pnnctples are
the Broad-Based Transtttonal Govemment, stgn a
spelt out m Arttcle 80 of thts Protocol.
Since the RPF and the pohttcal parties participatmg m the current Coahtton Government are
automattcally, dtrectlyor mduectly bound, as a result of the Protocol of Agreement on the Rule of
Law stgned by the two parties to the negottattons, the pohtJcal parties whtch do not parttctpate m
the satd Government should, from the ttme of the stgning of the Protocol of Agreement on
Power-Shanng, demonstrate thetr cornnutment to abtde by the pnnctples governmg the Protocol of
Agreement on the Rule of Law, to support the peace process and to avmd engagmg m sectanan
practtces and m any form of VIolence Such cornnutment shall constttute a prerequtstte for theu
partictpatton m the Transtttonal National Assembly and tt ts mcumbent upon the two parnes to the
negottat10nsto see to tt that such commttment ts real
Article 62 The numerical dtstnbutton of seats m the Transtttonal Nattonal Assembly among
the pohttcal forces, subJectto the ImplementatiOnof the preVJousArttcle, shall be as follows:
- MRND. 11 seats
- RPF 11 seats
MDR: 11 seats
PSD: 11 seats
PL 11 seats
PDC: 4 seats -23-
The other regtstered parties shall have one (1) seat each
Arttcle 63
(a) The maxtmum number of members of the Transttional Nattonal Assembly shaH become the
total number of scats of the remammg polrtt.calforces tf, for one reason or another, one or
several pohttcal forces do not parttctpate m the formmg of the Transtttonal National Assembly,
or wtthdraw from that assembly, provtded that the total number ts not reduced to less than
two-thtrds of the number sttpulated under Article 60 of thts Protocol of Agreement
(b) If one or several pohttcal forces do not parttctpate, or cease to participate m the Transtttonal
National Assembly, and the number of deputtes falls below that stipulated m the above
paragraph, the remammg pohttcal forces parttctpating m the Transttional National Assembly
shaHconsult and agree on the modahttes for the composttton of the new National Assembly.
Article 64 A "deputy" may restgn. ln thts case, his pohttcal party shall replace htm m
consultation wtth the Bureau of the Transtttonal Nattonal Assembly
Arttcle 65. Ail compulsory mandates shall be null and v01d. The right of the "deputies" to
vote shall be mdtvtdual.
Arttcle 66 The first sesston of the Transtttonal Nattonal Assembly shaH be devoted to
admtmstenng the oath of the "deputtes" and to electmg the Bureau of the Transittonal National
Assembly
Article 67 The Bureau of the Transtttonal National Assembly shall be composed of the
Speaker, the deputy Speaker and a Secretary
Arttcle 68 The PSD and PL poltttcal parties shall each present one (1) candtdate for the post
of Speaker of the Transttional National Assembly The pohttcal party that wtll not have taken the
post of Speaker shall present two (2) candtdates for the post of Deputy Speaker of the Transtttonal
Nattonal Assembly
The PDC and other pohtical parties which do not hold any mtmstenal portfolio m the current
Coahtton Govemment shall each present one (1) candidate for the post ofSecretary Votmg for the
above-menttoned posts shaH be by secret ballot and on the hasts of an absolute maJonty of the
"deputies" present
Article 69 The Transtttonal NatiOnal Assembly shall automattcally hold, each year,
three (3) ordmary sessions of three months each, followed each time by a one (1) month
parhamentary leave When crrcumstances may so requtre, the Transtttonal National Assembly
shall hold extraordmary sesstons The first ordmary sesston shaH begm 15 days after the
"deputtes" to the Transtttonal National Assembly have taken oath of office
The Transttional National Assembly shaHbe convened by the Speaker. It may be convened
m extraordmary sesston upon the tmttative of the Prestdent of the Repubhc, The Speaker, the Pnme
Mtmster or followmg the dectston taken by tts members on the hasts of an absolute maJonty
When tt ts convened m extraordmary sesston, the Transittonal National Assembly shall deal wit h
only those tssues thatmotivated tts convemng
Whenever an ordmary or extraordmary sesston of the Assembly ts convened, the agenda and
venue shall be mdtcated. Before any proceedmgs, the Transtttonal Nattonal Assembly shaHadopt
tts agenda and dectde on the urgency of the matters to be discussed A "deputy" or the Pnme
Mmtster may request the urgent constderatton of an Item When the request ts made by the latter,
the matter m question shall automattcally be constdered as urgent -24-
Arttcle 70 The status of a deputy shall be mcompattble wtth the holdmg of a Mmisterial
portfoho and the exerctse of any other remunerative acttvtties
Article 71 Members of the Transttional National Assembly who may be finally sentenced
by Courts for cnmmal offences shaH automattcally lose thetr seats. In this case, they shall be
replaced in accordance Wlththe provtstons of Arttcle 62 ofthts Protocol.
Arttcle 72 The legtslattve power shaH be exerctsed by way of laws passed by "deputles'' m
the Transttlonal National Assembly as well as by Orders m Counctl passed by the Broad-Based
Transttlonal Govemment m cases of emergency or when the Transttlonal Natlonal Assembly, ts
unable to convene
Article 73. Ordmary laws shall be passed on the hasts of an absolute majonty of the deputtes
present. Organtc laws shall be passed on the hasts of a 3/5 maJonty.
Article 74 For any lawful seating to be held, a quorum of 2/3 of the members of the
Transttlonal National Assembly shaHbe requtred
Article 75 Sesstons of the Translttonal National Assembly shall be pubhc; the mmutes of
the debates shaHbe pubhshed However, upon request of the Speaker, or the Prtme Mmtster or of
one thtrd of tts members, the Assembly may, by an absolute maJonty, dectde to stt m camera.
Section 3: Relationship between the Transitional National Assembly and
the Broad-Based Transitional Government
Article 76 The Pnme Mmister, upon a declSton of the Cabmet and after consultations wtth
the Bureau of the Transtttonal National Assembly, may request the Prestdent of the Repubhc to
dtssolve the Transittonal National Assembly. The dtssolutton cannot take place wtthin the last
three months of the Transttton
Artrcle 77 Replacement of the members of the Transttlonal National Assembly shall be
done as per the numencal distribution of seats referred to under Article 62 above.
The replacement of each of the members of ,the Bureau of the Transtttonal National
Assembly shall be made by election m accordance wtth Article 68 of thts Protocol of Agreement.
Article 78. The Transtttonal National Assembly shall be endowed Withthe followtng means
of control over govemment actlvttJes
Oral Questioning
Wntten Questiomng
Comrnrttee Heanng
Commission of lnqutry
Interpellation
- Motion of censure.
An orgamc law shall determme the condttions and procedure for thts control ~25 ~
Arttcle 79. The Transttional Nattonal Assembly may questton the conduct of the
Broad~B araestlonal Govemment as well as that of a Mmtster or Secretary of State, by voting
on a motton of censure agamst the Pnme Mtmster or any other member of the Government.
Such a mohon ts not admtsstble unhl after quest10mngand unless tt ts presented by at least
one fifth of the members of the TransttiOnal National Assembly in the case of a Mtmster or a
Secretary ofState, and by one thtrd ofthe members m the case of the Govemment.
The mohon of censure shaH be adopted by secret ballot and by a 2/3 majority of the
"deputies" present
The vote of a motion of censure agamst the Pnme Mmtster shaH entatl hts restgnatlon and
that of the Govemment In this case the replacement of the Pnme Mtmster shall be made m
accordance wtth Arttcle 53 of this Protocol of Agreement
The outgmng Government shall dtspose of day~to~ m ayters unttl a new Govemment ts
formed.
Section 4: Political code of ethics binding the Political Forces
called upon to Participate in the Transitional Institutions
Sub·Section 1: Fondamental principles
Article 80. In a declaration stgned by thetr authonzed representatives, the pohttcal forces
called upon to parttctpate m the Transttional Instttuhons shall undertake to·
1 Support the Peace Agreement and work towards tts successfultmplementahon,
2. Promote national umty and national reconcthatton of the Rwandese people
3. Abstam from ali sorts of VIolenceand mcttmg vtolence, by wntten or verbal cornmuntcation, or
by any other means,
4. ReJectand undertake to fight any pohttcalideology or any act atmed at fostenng dtscnmmatton
based mamly on ethmc, regtonal, sexual or rehgtous dtfferences;
5. Promote and respect the nghts and freedoms of the human person;
e 6 Promote pohttcal education among thetr members, 10 accordance wtth the fundamental
pnnctples of the Rule of Law;
7 Work towards a system whereby the pohtical power serves the mterests of all the Rwandese
people wtthout any dtscnmmatton;
8 Respect the seculansm of the Rwandese State;
9 Respect national soveretgnty and the temtonal mtegnty of the country.
Arttcle 81 The Commtsston on National Umty and NatiOnalReconcthatton shall ensure that
each pohttcal force respects the pnnciples spelt out under Arttcle 80 above.
Article 82 Any pohttcal force vtolatmg the provtstons of Article 80 shall be hable to a
sanction of exclusion from the transtttonal mstttutlons, wtthout preJudtce to other legal or statutory
provis10nson the matter. -26-
This measure shall be taken by the Supreme Court upon request of the Govemrnent, actmg
on the Commission's report
The request to the Supreme Court shaHbe preceded by a warnmg by the Government to the
pohtlcal party concemed, when the warnmg has not been heeded. -
Sub-Section 2: Additional duties of the Commission for National Unity and National
Reconciliation.
Article 83. The two parnes agree that the Comnnss10n on National Umty and National
Reconcthation, in addltton to the dunes spectfied under Article 24 A of the Protocol of Agreement
stgned on 30 October 1992, shaHsee to it that each pohttcal force respects the pnnctples spelt out'
m the pohttcal code of ethtcs bmdmg the pohtlcal forces to partictpate in the Transttlonal
Institutions
Section 5: Miscellaneous provisions
Sub-Section 1: Modalities of appointment within the judiciary.
Article 84. In arder to rnamtain the independence of theJudictary, posts m the JUdtctaryshall
not be subjected to shanng arnong polttical forces Therefore, applications for the posts of
• Prestdmg Judge and Deputy Prestdmg Judge of the Supreme Court, referred to under Arttcle 30 Qf
the Protocol of Agreement stgned on 30 October 1992, shall be constdered wtthout any reference to
pohtical parnes, m arder to better ensure the neutrahty of magtstrates
Arttcle85 The Supreme Counctl of Magtstrates shaH,m cOnJunctlonwtth the Broad-Based
Transitional Govemment, take aUnecessary and adequate measures to facihtate the mtegration of
competent, experienced or quahfied Rwandese nanonals who have not worked or evolved tn the
current legal systemof Rwanda
Sub-Section 2: Redeployment of the deputies to the CND
Arttcle 86. The Broad-Based Transtttonal Governrnent shall take the necessary steps to find,
to the extent posstble, a new placement for the deputles to the CND in thetr former sectors of
acbvtty In so domg, the Broad-Based Transttlonal Govemrnent shall take mto account the
quahficatlons and expenence of each "deputy".
Sub-Section 3: Local elections as a solution to social tensions
Arttcle 87. Local elections shall normallye held within stx (6) months before the exptry of
the transttlon. In the meantlrne, the replacement of local authonties shaH be made through
nommatlon However, the Broad-Based Transttlonal Government shaH dectde on the opportune
moment for orgamzmg partial local elections tf adequate secunty condttions allow for the holding
of such elections and tf tt bas the legal mstruments to orgamze them
Sub~Sect 4ioNnational conference
Article 88. The National Conference shall conststof a general dtscusston to focus solely on
nattonal umty and natiOnal reconcthatton, as proVIded for in Article 23.C.2 of the Protocol of
Agreement stgned on 30 October 1992. - Tins dtscusston shaH be prepared by the Com.nusston on Nattonal Umty and National
Reconcthatton provtded for under Arttcle 24 of the Protocol of 30 October 1992 The Com.m.tsston
shall report to the Broad-Based Transtttonal Governm.ent
Done at Arusha, thts 9th day of the month of January 1993, m the French and Enghsh
languages, the French text being the ongmal
PROTOCOL OF AGREEMENT BETWEEN THE GoVERNMENT OF THE REPUBLIC OF RWANDA AND
THE RWANDESE PATRIOTIC FRONT ON MISCELLANEOUSISSUESANDFINAL PROVISIONS
The Governm.ent of the Repubhc of Rwanda on the one band, and the Rwandese Patnottc
Front on the other, Agree on the followmg provistons·
CHAPTER 1: STATE SECURITY SERVICES
Section 1: Communal police, prisons services, and the
Public Prosecution Department
Article 1. Wtthin the framework oftmplementtng the Govemm.ent's Programme outhned m
Arttcle 23 of the Protocol of Agreement of 30 October 1992, the Broad-Based Transttlonal
Govemment shaHundertake the followmg actiVibes with regard to the Secunty Servtces:
A. COMMUNAL POLICE
1. Ensure that policemen are recrutted on the hasts of the secunty needs of the Commune, and that
an opttmal ratto ts estabhshed between the strength of the police force and the stze of the
population m the Commune, in accordance wtth standard cntena apphcable throughout the
country.
2 Improve and enhance the level of trammg of the communal pohce force and adapt tt tosuitits
spectfic tasks.
3. Provtde asststance to the Communes m matters of secunty, especrally by tmprovtng the semee
condttlons of the communal pohce
4. Define the m.odahttes of collaboration between the communal pohce force and other secunty
organ s.
5. Evaluate and tmprove on the performance of the communal police force
B. PRISONS SERVICES
1. Update the legal provtstons and regulattons govemmg prison warders and guards
2. lmprove and enhance the levet of trammg of pnson warders and guards, by provtdmg them
wtth trammg best smted to pnsons servtces.
3 Evaluate and tmprove on pnson servtces, m conformtty wtth Arttcle 23 G.3 of the Protocol of
Agreement of 30 October 1992, and takmg mto constderatiOn the pnnctples underlymg the
Rule of Law -28-
C. PUBLIC PROSECUTION DEPARTMENT
1. Undertake an extenstve reform of the Pubbc Prosecutton Department and open tt to ali the
Rwandese Nattonals.
2. Make a dtstinctton between the Junsdtctton of the Public Prosecution Department and of other
servtces charged wtth cnmmal mvesttgattons.
3. Seek techmcal co-operation for the Public Prosecution Department
Section 2: State Security Services
Arttcle 2: Structure
The current structure of the State Secunty Servtces shall be mamtamed They shaHconstst
of the followmg:
- Externat Secunty under the Mtmstry of Defence;
- Internai Intelligenceervtce under the Prime Mmtster's Office,
- Imnngration and Emtgratton Servtce under the Mmtstry of Intenor and Communal
Development
Arttcle 3: Pnnctples
The State Secunty Servtces shaHbe gmded by the foHowmgpnnciples
1. They shaHserve the Govemment and shaHbe subJectedto tts authonty
2. They must confine thetr acttvttles to the gathenng of mtelltgence relevant to the mtsstons
entrusted to them They shaH have no power of arrest, such power shall be vested m the
relevant authonttes, (Pubhc Prosecutton Department, the Nattonal Gendannerie and the
Communal Police).
3. They must abtde by the law and must conform to the letter and spint of the mternattonal
conventions to whtch the Repubhc of Rwandais a party.
4 They must respect the ctvtc nghts of ctttzens as weas fundamental freedoms
5. ln exerctsmg thetr duttes, they shall be gmded by the supreme mterest of the State and the
public good They shaHperform thetr duttes m a non-parttsan spmt and must act Withabsolute
tmparttaltty and neutrahty vts-à-vts pohttcal parties.
Arttcle 4 Co-ordmatton oflntelhgence Servtces
An organ responstble for the co-ordmat10n of ail mtelhgence gathered by vanous State
Intelligence Servtces shall be estabhshed withm the Pnme Mtmster's Office.
The Chart mdtcattng the co-ordmatton of ail these servtces is attached to the Protocas an
Annex.
The Broad-based Transtttonal Government shaH set up a commisston to carry out a
comprehenstve study of the problems pertammg to State Secunty and propose the best way of
orgamzmg the Jntelhgence Semees m the country -29-
Arttcle 5.Parttctpatton of the Rwandese Patnotlc Front m the State Secunty
The Broad-Based Transtbonal Government shaH create new posts m the State Secunty
Sernces withm three months after the settmg up of the Broad-Based Transtt10nal Government.
The RPF shall be effecttvely represented at ali levels of the departments (Externat Secunty,
Internai Secunty Servtces, Irrumgrat10nand Emtgratton), parttcularly at the level of dtrector and
deputy dtrector of the departments and withm the organ responstble for the co-ordmatton of State
Secunty Servtces.
CHAPTER Il: MISCELLANEOUS PROVISIONS
Arttcle 6: Oath of Office by the Prestdent of the Republic
Wtthout prejudice to Arttcles 3, 5 and 6 of the Protocol of Agreement of 30 October 1992,
the Prestdent of the Repubhc, before takmg Office, shall take oath before the Constltuttonal Court,
m the followmg words. 1, . . . .m the name of the Almtghty God, do hereby solemnly swear to
the Nation to dtscharge faithfully the duties entrusted to me, remam loyal to the Repubhc of
Rwanda, respect the State Instttutlons and promote the mterests of the Rwandese people, m
accordance wtth the Fundarnental Law and other Laws.
Arttcle 7. Oath of Office of the Prtme Mtmster, mmtsters, secretanes of State and deputles
of the Transttional National Assembly
Before talong up Office, the Prtme Mmister, mmtsters, secretanes of State and deputtes of
the Transttlonal National Assembly shaHtake oath, m the followmg words l, . . .,in the name of
the Alrrughty God, do hereby solemnly swear to the Nabon to dtscharge fatthfully the dunes
entrusted to me, to rernam loyal to the Repubhc of Rwanda, respect the Head of State, the State
Instltutlonsand promote the mterests of the Rwandese people, m accordance wtth the Fundamental
Law and other Laws.
The Pnme Mimster, mmtsters, and secretanes of State shall take oath before the Prestdent of
the Repubhc, and the Transtttonal Nattonal Assembly Deputtes of the Transttlonal National
Assembly shall take oath before the Prestdent of the Repubhc of Rwanda, m the presence of the
Prestdmg Judge of the Constttuttonal Court. In the event of the mablltty of the Prestdent of the
Repubhc of Rwanda to perform thts funct10n,the personalittes hsted above shaH take oath before
the Prestdmg Judge of the Constttuttonal Court.
Arttcle 8: Oath of Office ofthe Prestdmg Judge and deputy prestdmgjudges of the Supreme
Court
Before takmg Office, the Prestdmg Judge and deputy prestdmg Judges of the Supreme Court
shaHtake oath of Office in the followmg words. 1, ., m the name of the Almtghty God, do
hereby solemnly swear to the Natton to dtscharge fatthfully the duttes entrusted to me, to remam
loyal to the Repubhc of Rwanda, to respect the Head of State as weil as the State Jnstttuttons and
promote the mterests of the Rwandese people m accordance wtth the Fundamental Law and other
laws
The Prestdmg Judge and deputy prestdmg judges of the Supreme Court shall take the oath of
Office before the Prestdent of the Repubhc of Rwanda m the presence of the Transtttonal NatiOnal
Assembly
In the event of mabtlity of the Prestdent of the Repubhc to perform thts functton, the above
personaltttesshaHtake oath before the Speaker of the Transttlonal National Assembly
Arttcle 9· Charrmanshtp of the first Sesston ofthe Transttlonal Nattonal Assembly -30-
The first Sesston of the Transitional National Assembly shaH be chatred by the Prestdent of
the Repubhc. ln the event of the latter's mabthty to perform the functton, tt shall be chatred by the
Prestdmg Judge of the Constitut10nalCourt.
Arttcle 10: Removal of a deputy of the Transtttonal National Assembly
A deputy of the Transttional National Assembly shall be removed by the Supreme Court
whtch shall, in twn, mform the Transtttonal Nattonal Assembly and the Broad-Based Transttional
Government.
Arttcle 11. V10lationofthe Fundamental Law by the Prestdent of the Repubbc
ln the event of v10latton of the Fundamental Law by the President of the Republtc, bts
mdictment shall be dectded by the Transttional National Assembly on the hasts of a 2/3 maJonty
vote of the members present and by secret ballot However, pnor to votmg on the mdtctment, the
Transtttonal National Assembly shaH consult the Jomt Political Mthtary Commtss10n (JPMC)
referred to m Arttcle IV of the Ceasefire Agreement as amended at Gbadohte 16 September 1991
and at Arusha on 12July 1992. Itmay also consult the Factbtator.
ln case the mdtctment ts confirmed to be appropriate, the President ts answerable to the
Constttuttonal Court whtch alone ts competent to dectde on bts tmmedtate restgnation
Article 12: Vtolatton of the Fundamental Law by the Prime Mtmster, mimsters and
secretanes of State
In the event of VIOlationof the Fundamental Law as outhned m the Peace Agreement, by the
Pnme Mmtster, a Mtmster or a Secretary of State, the procedure proVtdedfor m Articles 78 and 79
of the Protocol of Agreement on Power-Shanng stgned on 9 January 1993 shall apply.
Article 13: Voluntary Restgnation of the Prestdent of the Repubhc The Prestdent of the
Republic may, for persona! reasons, restgn from Office. Hts restgnation shall be accepted by the
Transtttonal Nattonal Assembly. In thts case, hts replacement shall be effected, m accordance wtth
Arttcles 47 to 50 of the Protocol of Agreement on Power-Shanng agreed on 9 Januruy 1993.
Article 14. Restgnatton ofthe Pnme Mmister, rmmsters and secretaries of State
The Prime Mmrster, a Mmtster or Secretary of State may for persona! reasons, tender hislher
restgnatton That restgnatlon shall become defimtive tf not wtthd.rawnwtthm etght (8) days.
The Pnme Mmtster shaHtender lus/ber restgnatton to the Prestdent of the Republtc. In thts
case, Arttcle 53 of the Protocol of Agreement on Power-Shanng, stgned on 9 Januruy 1993 shaH
apply.
The Mmtster or Secretary of State shaH tender htslher restgnatton to the Prestdent of the
Repubhc and shaH inform the Pnme Mimster accordmgly In thts case, Article 54 of the Protocol
of Agreement on Power-Shanng stgned on 9 January 1993 shall apply.
In etther situation, Orders of restgnatton shall be stgned by the Prestdent of the Republtc, in
accordance with the modalittes proVtdedfor m Arttcle 9 of the Protocol of 30 October 1992.
Article 15· Rattficatton of mtemattonal mstruments on human nghts
The Broad-Based Transtttonal Govemment shall rattfy ali mternattonal conventions,
agreements and treabes on human nghts, whtch Rwanda has not yet ratified It shall waiVe ali
reservations entered by Rwanda when tt adhered to sorne ofthose International mstruments -31 -
Article 16 Deletion of reference to etluuc group m offi.ctaldocuments
The Broad-Based Transtnonal Government shall, from tite date of tts assumptton of office,
delete from ail official documents to be tssued any reference to etluuc origm Documents m use or
not yet used shaHbe replaced by titose not beanng any reference to etluuc ongm.
Article 17: Pubhc freedoms and fundamental rights
Wtth regard to pubhc freedoms and fundamental fights, the pnnctples enshnned m the
Umversal Declaratton of Human Rtghts of 10December 1948 shaH take precedence over
correspondmg pnnctples enshnned m the Constltutmn of the Repubhc of Rwanda, espectally when
the latter are contrary to the former
Article 18 Authentic Interpretatlon of tlte Peace Agreement
It shaHbe tlte duty of the Transtttonal National Assembly to make an authenttc mterpretatlon
of the Peace Agreement
The Translttonal National Assembly shall consult dte Jomt Pohttcal-Mthtary Commtsston
referred to m Article IV of the N'sete Ceasefire Agreement as amended at Gbadohte
16September 1991and at Arusha 12July 1992
Itmay consult dte Facibtator or any another person tt deems competent.
In dits regard, tlte Transtttonal National Assembly shall take a dertsion on the hasts of a
3/5 maJonty vote oftts tltemembers.
Article 19· Amendment of tlte Peace Agreement
Proposais for the amendment of the Peace Agreement may be made by the Broad-Based
Transitlonal Government and the Transtttonal Nattonal Assembly.
Where tlte proposai emanates from the Govemment, tt must be adopted by tite Transttional
National Assembly on titebasts of a 3/5 maJonty vote of Itsmembers.
Where the proposai emanates from tite deputies, tt must be adopted by the Transtttonal
National Assembly on the basis of consensus.
Article 20: Confirmation of Orders m Counctl by the TransitiOnal National Assembly
Orders m Counctl by the Cabmet must be adopted by the Translttonal Nanonal Assembly dunng tts
forthcommg sesston, otherwtse dtey shalllose thetr bmdmg force.
Article 21: Junsdictton, organtzatton and functioning of the Supreme Council ofMagistracy
Anorgamc law shall determme theJunsdtctton, orgamzatton and funcnonmg oftlte Supreme
Counctl of Magistrates.
Arttcle 22. Duratton of the transtnon pertod
The duratton oftite transition period shaHbe twenty two (22) months, effective from tite date
of establishment of the Broad-Based TransitiOnal Govemment, wtdt the posstbthty of one (1)
extensiOn tf warranted by excepttonal ctrcumstances Impedmg the normal tmplementatton of dte
programme of dte Broad-Based Transtttonal Govemment.
The length of the extension shall be determined by the Transitional National Assembly on
the hasts of a 3/5 maJonty vote In this regard, the Broad-Based Transttional Government shall • 32.
constder the need for an extenston, three (3) months before the exptry of the transition penod, and
shall make appropnate recommendations to the Transitional National Assembly, m consultation
wtth thlrd parties IDvolved ID the Implementation of the Peace Agreement, namely the Umted
Nattons, the OAU and the Facthtator.
Done at Arusha, on the thtrd day of the month of August 1993, in both French and Enghsh
languages, theongiDal text being IDFrench.
CONSTITUTION
10 June 1991-Constitution of the Rwandese Repubhc (0 J., 1991, p. 615)
As amended by Law No. 18/93 of3 August 1993 (O.J, 1993, p. 1257).
Pursuant to the Peace Agreement stgned IDArusha on 4 August 1993, a number ofprovtstons
of the Constitution are replaced by those of the Peace Agreement. Thts latter document
constltutes, together wtth the Constitution, the Fundamental Law during the transitional penod.
In case of confhct between the proVIsions of the Constitution and those of the Peace
Agreement, the latter prevads.
ArticleSS
The Council of MIDisters shaH be convened by and sit under the presidency of the Prestdent
of the Repubhc. It shall be mandatory to consult tt on.
- draft laws and Orders m Counctl,
- draft prestdential orders tmplementing laws or Orders in Council;
Article 69
Legtslatlve power shall be exerctsed by means of laws. The law shall be soveretgn m ali A
matters, m no case may a regulanon contravene the provtstons of a law. W
Article 70
In cases of urgency, or when the Nattonal Assembly is unable to sit, the Prestdent of the
Repubhc shalllegtslate temporanly by means of Orders IDCounctl adopted in Cabinet
Unless confirmed by the National Assembly dunng Its forthcomiDg sessiOn, orders m council
shalllose aUbmding force -33-
Article 75
Before bemg promulgated, laws and Orders m Counctl shall be transmttted to the
Constltuttonal Court, which shall rule wtthm etght days or, m cases of urgency, wtthm four days,
on theu constltutlonahty
If the court rules that a text Is unconstltutlonal, tt shaHreturn 1t, as appropriate, etther to the
National Assembly orto the President of the Repubhc.
Article 90
The Constttutlonal Cowt, consistlng of the Court of Cassatton and the State Counctl meetmg
together, shall be responstble for reviewtng the constltuttonality of laws and Orders m
Councll,
Article 98
Wtth effect from the date of promulgation of the present Constttutton, legtslatton whtch IS
not contrary thereto shall remam applicable m so far ts as tt ts not amended, abrogated or replaced
by new laws or regulations.
Customary law shall remam applicable m so far as 1tshall not have been replaced by a law
and ts m no respect contrary to the Constitution, laws, regulattons, pubhe order or morahty
Article 101
(Law No. 18/93 of 3/8/1993)
This Constitution and the Peace Agreement to be stgned between the Government of the
Repubhc of Rwanda and the Rwandese Patnottc Front shaH constttute mdtssolubly the
Fundamental Law that shall govern the Country dunng the transittonal penod
In case of conflict between the provtstons of the Constitution and those of the Peace
Agreement, the proVIsionsof the Agreement shall apply.
Article 102
The present Constitution revtses and replaces the Constitution of 20 December 1978
It shall enter mto force on the day of Its promulgation by the President of the Repubhc•
Annex 4 to CRW 2005/19
61ST SESSION OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS
Statement by Ber Excellency Ms Mukabagwiza,
Minister of Justice representing the RepubHc of Rwanda
Geneva, 17 March 2005
Mr Prestdent, Madam Htgh Commisstoner, Excellenctes, Ladtes and Gentlemen,
1 would hke to congratulate you, Mr Prestdent, together wtth ali the members of this
sesston's Bureau, for your electton, and 1 sincerely wtsh you great success m exerctsmg your
responstbthttes.
1 greatly apprectate the wealth of talent shown by the outgomg Bureau m successfully
overseemg the work of the prevtous sesston and 1 parttcularly commend the efforts they made
tlrroughout thetr termf office in the fuifilment of thetr duttes.
1 should now hke to thank you ali for your kmd attention to thts statement, whtch 1 am
presentmg to you on behalf of the Rwandan people whom I have the honour of representmg here
today
Mr. President,
1 wtsh to remmd ali those present today that at the time of the prevtous sesston my country
was commemoratmg the tenth anmversary of the genoctde committed m Rwanda m 1994. For us tt
was a source of satisfaction that parttcular attentton was patd to that event by the mtemat10nal
commumty and parttcularly by the Umted Nations, whtch held an International Day of Reflectton
on the Rwandan genoctde. The General Assembly dectsion to commemorate the Rwandan
genoctde on 7 Apnl was welcomed by the Rwandan people and thetr fnends as a demonstration of
global sohdartty for the commemoration of the most abommable cnme agamst humamty
Mr. Prestdent,
We constder, however, that the mtemat10nal communtty should not stop there
In parttcular, efforts to bnng JUsticeand combat tmpumty for the msttgators and perpetrators
of the genoctde remam htghly madequate.
We expect the States Members of the Umted Nattons to demonstrate thetr commttment to the
fundamental pnnctples and values of the United Nattons, as weil as to fundamental human nghts,
by workmg effectively wtth the Intemattonal Cnmmal Tnbunal for Rwanda (ICTR), set up to
prosecute and try the mstlgators of the genoctde, etther by followtng the example of sorne countnes
and mstttutmg legal proceedmgs themselves agamst persons restdmg on thetr temtory after havtng
cotmmtted genoctde, or sunply by not covenng up for such mdtvtduals or gtvtng them the
opportumty to escape justtce
Responstbthty also means reparation At thts pomt 1would hke once agam to stress the fact
that the genocide bas bad ail sorts of devastatmg consequences on the hves of Rwandans In
parttcular, tt has left people orphaned, Widowed, destitute and homeless. The Rwandan
Govemment ts making every effort to tmprove thetr hves, but those efforts are not enough to -2-
restore the nght of the genoctde survwors to human dtgmty. We are countmg on the mcreased
participation of the mternatwnal comrnuntty and each State Member of the Umted NatiOns
In thts respect, we welcome the Umted Nattons General Assembly resolutiOn A/59/L45 of
7 December 2004, concemmg asststance to sW'Vlvorsof the 1994 Rwandan genoctde, parttcularly
orphans, wtdows, and VIctims of sexual VIolence. We thank the Afncan Group, as weil as Chma,
Belgmm, the Netherlands, Japan and Armenia, for haVIngsupported that resolutiOn. We cali upon
ali developed countries to tmplement thebligations set forth in resolution A/59/L45.
Mr Prestdent,
We welcome the Secretary-General's dectsion to strengthen genocide prevention measures
m general. The Repubhc of Rwanda was parttcularly satisfied wtth the appomtment of a Spectal
AdVIserto the Secretary-General on genoctde prevention. We venture to express the hope that he
will always have the necessary means to fulfil his mandate and that he Will recetve full
co-operation from ail States
As far as Rwanda ts concerned, parttcular attention has to be patd to the continumg presence
of the ex-Force ArméeRwandaise (FAR) and Interahmwe mtlitias m the Democratie Repubhc of
the Congo Those forces planned and carned out the genoctde m Rwanda before bemg pennitted
to escape to the terntory of the Democratie Repubhc of the Congo under cover of "Operation
Turquoise", authonzed by the Umted Nations. Rwanda has wtthdrawn completely from that
temtory because tt trusted the Will and resources that the mternational commumty bad at tts
, .dtsposal to bnng this situation to an end as qmckly as posstble. We thus remam hopeful that we
Willnot be dtsappomted and we look forward to more concrete action bemg taken to that end. The
lasting peace to which we ali asprre will notbe achteved by chance but requrres solutions to the
deep-rooted causes of insecunty '
Mr. President,
At its Sumrntts m Libreville and AbuJa, the Peace and Secunty Councd of the Afncan Umon
aclmowledged that the presence of ex-FAR and Interahmwe m the DRC was the main cause of
msecunty and the pnnctpal threat to peace m the Great Lakes regiOn Those forces are currently
comnnttmg very senous human nghts VIolations m the DRC and the Umted Nattons ttself bas
recently been targeted through thelallmg of MONUC soldiers. We offer our smcere condolences
to the famthes and countnes affected by that attack We cannot afford to be complacent and stmply
continue to hope, 11 years after the genocide, for voluntary repatnat10n, whtch bas proved to be a
failure.
We welcome the leadership of the Afncan Umon and call upon ali States and organizatton~
comrnitted to the promotion of sustamable peace and human nghts to support that Umon's efforts.
Mr. President,
The Govemment is contmuing to look for solutions to ensure the success of actions for the
respect, protection and promotiOn of human nghts, on the hasts of whtch the rule of law ts bemg
estabhshed in Rwanda.
The legtslattve and JUdictalreform tmttated by the Rwandan Constitution of 4 June 2003 bas
,been underway smce August 2004 The new tnbunals and judges have begun to operate, and we
trust that they will ensure qmcker, more efficient, more tmpartial and above ail more accesstble
JUSticefor ali
The dectston to settle the masstve problemof genoctde tnals through a pohcy of combattng
Impunity, whtlst creatmg a favourable chmate for national reconcthation, bas been mamtamed...
-3-
The Gacaca courts have thus recently entered mto thetr last phase Thetr first JUdgments,based on
those of tradittonal courts, were rendered on 10March 2005 Efforts have been stepped up to
persuade those who comrmtted offences constttutmg the cnme of genoctde to confess, ask
forgiveness and repent, before bemg found gutlty by the courts,m which the people who Witnessed
kilhngs and other cnmmal acts will play a prormnent part
The system of confessiOn ISnot a free pardon, but allows sentences tobe commuted Even
those who have been sentenced after gomg through the confessiOnprocedure could be allowed to
perform commumty servtce as a lesser alternative to a custodial sentence
Mr President,
Rwanda wishes to share wtth the mternattonal commumty, and particularly with the people
m tts netghbounng regton, the expenence that tt bas gamed from the consequences of the genoctde.
The presence of Rwandan troops m Darfur, and the recent vtstt to Sudan by His Excellency the
President of the Repubhc, demonstrates our desire to see ali peoples hvmg m peace, protected from
human nghts vtolations.
The quest for negotiated solutions to the conflicts in the Democratie Repubhc of the Congo
and Burundi shows that Rwandan leaders are aware that peace m the Great Lakes regton ts the only
route to development and to the well-bemg of the local populations and of their own people, and
that tt would thus be mconcetvable to remam mdtfferent to suffenng m neighbourmg countnes.
RwandaIS one of the countnes that bas ratified the greatest nurnber of mternational human
nghts mstruments. In 2004 alone, our Govemment ratified ten of them, mcludmg those concemmg
the nghts of women, the prevention and repression of corruption, the prohtbttion of weapons of
mass destruction, and the envtronment The few mstrurnents not yet rattfied wtll shortly be ratified
and past reservations not yet wtthdrawn wtll shortly be withdrawn
My country attaches great Importance to the promotion of women's nghts, which wtll help
ensure development of Its full potenttal. The expenence of the past year, m whtch mstttuttonal
practice has granted women a leading rote m the leadership of the country's affatrs, has been
constderable. Smce the adoption of our new constitution, Rwanda bas bad one of the htghest levels
of female parhamentary representation m the world, with wornen holdmg 48.8 percent of seats in
the House of Representatives, and 30 percent of seats m the Senate. Moreover, there ts also strong
female representation m other dectsion-rnakmg bodtes, such as the Govemment, where tt bas
reached 32.1 percent. The results ofthat experience are exemplary.
We also lay particular stress on the protectionof the nghts of vulnerable persons, espectally
chtldren, dtsabled persons and the elderly. Persons suffermg from HN/AIDS rece1ve parttcular
attention from the Govemrnent and from Ctvd Soctety We are unreservedly paymg the cost, both
phystcal and spmtual, of orgamzmg awareness-raismg campatgns on screenmg and prevention
We want all Rwandans to be able to benefit from the care available
Mr President,
Whtlst acknowledgmg that, as ts the case for everyone, much remams to be done m our
campatgn against human nghts vtolattons, 1 should hke, wtth your penmsston Mr. President, to
enumerate certam of our pnonties m this area They consist in particular of
- combatmg poverty, as one of the mam causes of senous hurnan nghts vtolattons;
combattng corruption and related offences;
cornbatmg ali forms of dtscnmmation; ---------------------------
-4-
combatmg all fonns of violence m general and more partlcularly sexual VIolence agamst
women and children;
reducmg crime;
- bringmg the genocide tnals to a concluston and tmprovtng detention condtttons;
- promotmg human nghts educatton
Mr. Prestdent,
Although the task of allowmg the peoples of the world the full enJoyment of their human
nghts ts a long and arduous one, the main task facmg each State Member of the Umted Nattons ts
to strengthen the rule oflaw on thetr temtones and to make every effort to ensure that human nghts
become a prionty and, at last, a reahty. We beheve that, to succeed m this, each and every one of
us must be commttted to the task, with all the necessary behef and determmatton.
Thankyou...
Annex 5to CRW 2005119
[Translatwn]
Note on the decision of the Transitional and National Assembly not to confirm
Decree-Law No. 014/01 of 15/2/1995waiving ail reservations entered by
the Rwandese Republic to the accession, approval and ratification
of international instruments
- The Arusha Peace Agreements between the Government of the Repubhc of Rwanda and the
Rwandese Patnohc Front (Protocol on Mtscellaneous Issues and Fmal Provistons, Arttcle 15)
provtded that the Broad-Based Transittonal Government shall ratify ail Internattonal
Conventions, Agreements and Treattes on Human Rtghts whtch Rwanda bas not yet ratified; tt
shall further watve all reservattons entered mto by Rwanda when tt adhered to sorne of those
mternattonal mstruments.
As soon as tt took office, the Broad-Based TmnsttiOnal Government published Decree-Law
No. 014/01 of 15/2/1995 watvmg all reservatiOns entered by the Repubhc of Rwanda to the
accesston, approval and rattficatton International Instruments
- Arttcle20 of the above-menhoned Protocol provtdes that Orders m Counctl [Decree-Laws] by
the Cabmet [Consezldes Ministres] must be adopted by the Transitmnal National Assembly
dunng tts forthcommg session, otherwrse they shalllose thetr bmdmg force.
- At tts meettngof 11/7/1995, the Transittonal Nattonal Assembly took a solemn deciSionnot to
confirm the Decree-Law m question, because tt constdered that, when readmg tt, tt was
tmposstble to determme whtch were the mternahonal mstruments concemed and that these
should be clearly listed and ctted.
That dectston ts evtdenced by Mmute [Procès Verbal] No. 89/AN/95 (see Mmutes of Sesstons,
Vol X), as well as by letter No 00011111.02 of 01108/1995 from the President of the
Constttuttonal Court concernmg satd dectstonof the Transttmnal Nahonal Assembly.
- Smce then, no other action m regard to the waiver of the above-mentmned reservattons bas
been undertaken.
Ail of these documents may be consulted on the Parhament's webstte:
(http·//www rwandaparhament.gov .rw).
Ktgah, 19 July 2005
Alfred MUKEZAMFURA,
Prestdent of the Chamber of Deputtes~--------------------------------------------------
..
Annex 6 toCRW 2005/19
REPUBLIC OF RWANDA
MINISTRY OF JUSTICE
P 0 Box 160 KIGALI
LEGAL POSITION ON THE DECREE OF lSTHFEB. 1995 ADHERING TO AND
RATIFYING ALL INTERNATIONAL INSTRUMENT
Prior to the 2003 Constitution Rwanda's Constitution consisted of:
The 1991 constitution, as amended by, mter aha
The Arusha Peace Agreement
The RPF Declaration
Article 20: of Cbapter Il of the Arusba Peace Agreement provides that Orders in
Council ( Decrees passed by cabinet) sball be adopted by the Transitional National
Assembly at its session immediately following the adoption of such laws in cabinet
otherwise they lose their binding force.
The Transthonal National Assembly dtd not, at all matenal ttmes, adopt the said arder, either
m tts sesston that munedtately followed the passmg of the said Decree. The Transttional
National Assembly m its session of 11/07/1995 Vol.X, dtscussed the satd decree and reJeCted
it on grounds that the decree whtch was passed by the cabinet was too general not spectfying
the concemed Intemat10nal Instruments, whtch should have been handled one by one
1
Cabmet passed a general Decree on 15 Febh 1995 adhenng to and rattfymg all International
lnstn1ments to whtch Rwanda had httherto filed reservations This decree was supposed to be
adopted by the Transtbonal National Assembly following the Decree. Such Sesston lasted
from 12 h Apnl to llthJuly 1995, and dtd not adopt the satd decree, but rejected tt on the said
grounds as here Withattached ( parhamentary note)
It 1svery clear that w1thout the mandatory adoption as reqlllred by the constitution the Decree
ceased to have bmding force as long as the first sess10nof the Transittonal National Assembly
dtd not adopt 1tthus, cannet posstbly be relied upon as the source of Rwanda's removal of the
reservation
B.P.160 KIGAL ax: (250) 586509 Website \H\\'Ir.miniju<;t.go,.t·n
Documents cités par le Rwanda au cours de la procédure orale