Protocol of Agreement between the Government of the Republic of Rwanda and the RPF on the Rule of Law
Export agreement coding (PDF)Country/entity
RwandaRegion
Africa (excl MENA)Agreement name
Protocol of Agreement between the Government of the Republic of Rwanda and the RPF on the Rule of LawDate
18 Aug 1992Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - partialConflict nature
GovernmentPeace process
Rwanda-RPF processParties
Government of the Republic of Rwanda, Rwandese Patriotic FrontThird parties
For and on behalf of the Facilitator (United Republic of Tanzania): Benjamin Mkapa, Minister for Science, Technology and Higher Education. In the presence of the Representative of the Current Chairman of the OAU: Papa Louis Fall, Ambassador of Senegal to Ethiopia, Tanzania and the OUA In the presence of the Representative of the Secretary General of the OAU: Dr M. T. Mapuranga, Assistant Secretary General in charge of Political Affairs.Description
This short agreement is centered around the Rule of Law, providing for principles for (I) national unity; (II) democracy ; (III) pluralism, (IV) human rights.
Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→RhetoricalPage 2, Chapter I National Unity, Article 2:
National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles
to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.Groups→Racial/ethnic/national group→Anti-discriminationPage 2, Chapter I National Unity, Article 3:
National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political, economic and other advantages, which access must be guaranteed by the State.Groups→Racial/ethnic/national group→SubstantivePage 4, Chapter II Democracy, Article 8:
The two parties resolutely reject and undertake to fight:
- political ideologies based on ethnicity, region, religion and intolerance which subordinate national Interest to the ethnic, regional, religious or personal interest. - Religious groupsGroups→Religious groups→RhetoricalPage 2, Chapter I National Unity, Article 2:
National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.Groups→Religious groups→Anti-discriminationPage 2, Chapter I National Unity, Article 3:
National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political, economic and other advantages, which access must be guaranteed by the State.Groups→Religious groups→SubstantivePage 4, Chapter II Democracy, Article 8:
The two parties resolutely reject and undertake to fight:
- political ideologies based on ethnicity, region, religion and intolerance which subordinate national Interest to the ethnic, regional, religious or personal interest. - Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→RhetoricalPage 2, Chapter I National Unity, Article 4:
The two parties acknowledge that the national unity of the people of Rwanda cannot be achieved without a definitive solution to the problem of Rwandese refugees. They recognize that the return of the Rwandese refugees to their country is an inalienable right and represents a factor of peace, unity and national reconciliation. They undertake not to hinder the free exercise of this right by the refugees. - Social class
No specific mention.
Gender
- Women, girls and genderPage 2, Article 3:
National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political, economic and other advantages, which access must be guaranteed by the State. - Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)Page 3, Chapter II Democracy, Article 5:
Democracy is founded on the idea that sovereignty belongs to the people. It is expressed, notably, through regular, free, transparent and fair elections. Popular representation must be the authentic expression of the will of citizens.
Page 3 and 4, Chapter II Democracy, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
- sovereignty of the people;
- government based on the consent of the people expressed through regular, free, transparent and fair elections;
- separation of the legislative, the executive and the Judiciary powers;
- independence of the Judiciary;
- guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples' Rights, among others, freedom of speech, enterprise and of political, social and economic association;
- laws and regulations based on the respect of fundamental human rights;
- equality before the law;
- respect of laws and regulations by all;
- Constitution which respects the principles enunciated above, organises the State powers and defines the powers and limitations of the institutions of the Republic;
- multipartism, social and economic pluralism.
Page 3 and 4, Chapter II Democracy, Article 7:
The two parties recognize that multipartism entails the legitimate existence of a democratic opposition and consider, as legitimate, the aspiration of any Rwandese citizen to accede to power through democratic process.
Page 5, Chapter III Pluralism, Article 13:
The two parties recognise that a democratic society is also founded on pluralism which is the expression of
individual freedoms and must respect national unity and the fundamental rights of the citizen. - State configuration
No specific mention.
- Self determination
No specific mention.
- Referendum
No specific mention.
- State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
No specific mention.
- Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→General referencesPage 3 & 4, Chapter II Democracy, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
[…]
- separation of the legislative, the executive and the Judiciary powers;
- independence of the Judiciary;
[…]
- multipartism, social and economic pluralism. - ElectionsPage 3, Chapter II Democracy, Article 5:
Democracy is founded on the idea that sovereignty belongs to the people. It is expressed, notably, through regular, free, transparent and fair elections. Popular representation must be the authentic expression of the will of citizens.
Page 3, Chapter II Democracy, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
[…]
- government based on the consent of the people expressed through regular, free, transparent and fair elections;
Page 4-5, Chapter II Democracy, Article 10:
Elections shall be organised in such a way that transparency is guaranteed and fraud eliminated through the establishment of efficient supervision mechanisms including, If the need arises, enlisting the assistance of International Observers.
The prior and full explanation of the citizens' rights and civic duties including the Issues at stake in the elections - Electoral commission
No specific mention.
- Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administration
No specific mention.
- ConstitutionGovernance→Constitution→Constitutional reform/makingPage 5-6, Chapter IV Human Rights, Article 14:
The two parties recognise the universal nature of human rights and should express concern when these rights are violated anywhere and by anybody.
They also recognise that the International Community would be justified in expressing concern in the event that these rights are violated by anybody on Rwandese territory. These rights should be guaranteed by the Constitution and the laws of the Republic of Rwanda.
Power sharing
- Political power sharing
No specific mention.
- Territorial power sharing
No specific mention.
- Economic power sharing
No specific mention.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL generalPage 1-2, Preamble:
Considering that the Rule of Law implies that nobody, including the authorities, is above the law and that the laws must respect the fundamental rights of the citizens;
Reaffirming that the Rule of Law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, and which is first and foremost and fundamentally characterised by Justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression;
Convinced that the Rule of Law:
- is the best guarantee of national unity, the respect of the fundamental freedoms and rights of the individual;
- is a concrete manifestation of democracy;
- is a concrete manifestation of democracy; hinges on National Unity, Democracy, Pluralism and Respect for human rights:
Page 2, Chapter I National Unity, Article 1:
National unity must be based on equality of all citizens before the law, equal opportunities in all fields including the economic field and respect for fundamental rights as stipulated, notably, in the Universal Declaration of Human Rights and in the African Charter on Human and Peoples' Rights.
Page 3 and 4, Chapter II Democracy, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
[…]
- laws and regulations based on the respect of fundamental human rights;
[…]
- respect of laws and regulations by all;
Page 5, Chapter II Democracy, Article 12:
To this end, the two parties note that a political process has been initiated 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 in the present Protocol.
Page 5, Chapter III: Pluralism, Article 13:
The two parties recognise that a democratic society is also founded on pluralism which is the expression of individual freedoms and must respect national unity and the fundamental rights of the citizen. - Bill of rights/similarPage 5-6, Chapter IV Human Rights, Article 14:
The two parties recognise the universal nature of human rights and should express concern when these rights are violated anywhere and by anybody.
They also recognise that the International Community would be justified in expressing concern in the event that these rights are violated by anybody on Rwandese territory. These rights should be guaranteed by the Constitution and the laws of the Republic of Rwanda. - Treaty incorporationPage 2, Chapter I National Unity, Article 1:
National unity must be based on equality of all citizens before the law, equal opportunities in all fields including the economic field and respect for fundamental rights as stipulated, notably, in the Universal Declaration of Human Rights and in the African Charter on Human and Peoples' Rights. - Civil and political rightsHuman rights and equality→Civil and political rights→EqualityPage 2, Chapter I National Unity, Article 1:
National unity must be based on equality of all citizens before the law, equal opportunities in all fields including the economic field and respect for fundamental rights as stipulated, notably, in the Universal Declaration of Human Rights and in the African Charter on Human and Peoples' Rights.
Page 2, Chapter I National Unity, Article 2:
National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles
to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.
Page 2, Chapter I National Unity, Article 3:
National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political, economic and other advantages, which access must be guaranteed by the State.Human rights and equality→Civil and political rights→Freedom of associationPage 3-4, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
...
- guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples' Rights, among others, freedom of speech, enterprise and of political, social and economic association;Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 3-4, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
...
- guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples' Rights, among others, freedom of speech, enterprise and of political, social and economic association; - Socio-economic rights
No specific mention.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizens, specific rightsPage 1, Preamble:
...
Considering that the Rule of Law implies that nobody, including the authorities, is above the law and that the laws must respect the fundamental rights of the citizens;
Page 2, Chapter I: National Unity, Article 1:
National unity must be based on equality of all citizens before the law, equal opportunities in all fields including the economic field and respect for fundamental rights as stipulated, notably, in the Universal Declaration of Human Rights and in the African Charter on Human and Peoples'Rights.
Page 2, Chapter I: National Unity, Article 2:
National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.
Page 4, Chapter II: Democracy, Article 7:
The two parties recognize that multipartism entails the legitimate existence of a democratic opposition and consider, as legitimate, the aspiration of any Rwandese citizen to accede to power through democratic process.
Page 5, Chapter II: Democracy, Article 12:
The broad-based transitional government provided for in Article V of the N'sele Agreement, as amended in Gbadolite. on 16th September, 1991 and in Arusha on 12th July. 1992, shall lead the country to a democratic system as defined above.
To this end, the two parties note that a political process has been initiated 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 in the present Protocol.
Page 5, Chapter III: Pluralism, Article 13:
The two parties recognise that a democratic society is also founded on pluralism which is the expression of individual freedoms and must respect national unity and the fundamental rights of the citizen. - DemocracyPage 1-2, Preamble:
...
Reaffirming that the Rule of Law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, and which is first and foremost and fundamentally characterised by Justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression;
Convinced that the Rule of Law:
...
- is a concrete manifestation of democracy; hinges on National Unity, Democracy, Pluralism and Respect for human rights:
Page 3, Article 5:
Democracy is founded on the idea that sovereignty belongs to the people. It is expressed, notably, through regular, free, transparent and fair elections. Popular representation must be the authentic expression of the will of citizens.
Page 3-4, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
- sovereignty of the people;
- government based on the consent of the people expressed through regular, free, transparent and fair elections;
- separation of the legislative, the executive and the Judiciary powers;
- independence of the Judiciary;
- guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples' Rights, among others, freedom of speech, enterprise and of political, social and economic association;
- laws and regulations based on the respect of Constitution which respects the principles enunciated above, organises the State powers and defines the powers and limitations of the institutions of the Republic;
- multipartism, social and economic pluralism.
Page 4, Article 7:
The two parties recognize that multlpartism entails the legitimate existence of a democratic opposition and consider, as legitimate, the aspiration of any Rwandese citizen to accede to power through democratic process.
Page 4, Article 8:
The two parties resolutely reject and undertake to fight:
- political ideologies based on ethnicity, region, religion and intolerance which subordinate national Interest to the ethnic, regional, religious or personal interest;
- any form of coup d'etat as being contrary to the democratic system as described above.
Page 4, Article 9:
In order to promote and consolidate the democratic system as described above, the two parties undertake to work for social, economic and cultural development of the country and to fight hunger, ignorance, poverty and disease.
Page 4-5, Article 10:
Elections shall be organised in such a way that transparency Is guaranteed and fraud eliminated through the establishment of efficient supervision mechanisms Including, If the need arises, enlisting the assistance of International Observers.
The prior and full explanation of the citizens' rights and civic duties including the Issues at stake in the elections is their inalienable right as a way of avoiding any form of political manipulation.
Page 5, Article 11:
The two parties accept to promote, in national political life, a democratic culture based on the principles enunciated above.
Page 5, Article 12:
The broad-based transitional government provided for in Article V of the N'sele Agreement, as amended in Gbadolite. on 16th September, 1991 and in Arusha on 12th July. 1992, shall lead the country to a democratic system as defined above.
To this end, the two parties note that a political process has been initiated 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 in the present Protocol.
Page 5, Chapter III: Pluralism, Article 13:
The two parties recognise that a democratic society is also founded on pluralism which is the expression of individual freedoms and must respect national unity and the fundamental rights of the citizen.
Page 7, Conclusion, Article 17:
The two parties concur that national unity, democracy and peace are invaluable and solemnly undertake to do everything possible so as to preserve these values in the interest of the present and future Rwandese generations. - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- OtherPage 3 and 4, Chapter II Democracy, Article 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
[…]
- guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples' Rights, among others, freedom of speech, enterprise and of political, social and economic association;
- laws and regulations based on the respect of fundamental human rights;
- equality before the law;
- respect of laws and regulations by all;
Rights institutions
- NHRIRights institutions→NHRI→New or fundamentally revised NHRIPage 6, Chapter IV Democracy, Article 15:
The two parties agree that a National Commission on Human Rights shall be established. This institution shall be independent and shall investigate human rights violations committed by anybody on Rwandese territory, in particular, by organs of the State and individuals in their capacity as agents of the State or of various organisations.
The Investigation work of the Commission shall not be limited in time.
The Commission shall be provided with the necessary means, especially legal means, to efficiently accomplish its mission. It shall utilise Its findings to:
a) sensitize and educate the population about human rights;
b) institute legal proceedings, where necessary. - Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency law
No specific mention.
- State of emergency provisions
No specific mention.
- Judiciary and courts
No specific mention.
- Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 4, Chapter II Democracy, Article 9:
In order to promote and consolidate the democratic system as described above, the two parties undertake to work for social, economic and cultural development of the country and to fight hunger, ignorance, poverty and disease. - National economic plan
No specific mention.
- Natural resources
No specific mention.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forces
No specific mention.
- DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- Terrorism
No specific mention.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- MechanismPage 6, Chapter IV Democracy, Article 16:
The two parties also agree to establish an International Commission of Enquiry to investigate human rights violations committed during the war. - Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatory
No specific mention.
- Other international signatoryFor and on behalf of the Facilitator (United Republic of Tanzania): Benjamin Mkapa, Minister for Science, Technology and Higher Education.
In the presence of the Representative of the Current Chairman of the OAU: Papa Louis Fall, Ambassador of Senegal to Ethiopia, Tanzania and the OUA
In the presence of the Representative of the Secretary General of the OAU: Dr M. T. Mapuranga, Assistant Secretary General in charge of Political Affairs. - Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanism
No specific mention.
- Related cases
No specific mention.
- SourceOn file with author. Also see: UN Peacemaker. Available at: https://peacemaker.un.org/rwanda-ruleoflaw-protocol92 (Accessed 15 January 2020).
PROTOCOL OF AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE RWANDESE PATRIOTIC FRONT ON
THE RULE OF LAW
PREAMBLE:
The Government of the Republic of Rwanda and the Rwandese Patriotic Front,
Reaffirming that the Rule of Law, the principle of the establishment of which was agreed upon by the signatories of the present Protocol of
Agreement.
in accordance with Article V of the N'sele Agreement, as amended in Gbadolite.
on the 16th of September, 1991 and in Arusha on
the 12th of July, 1992, shall characterize the political life in our country:
Considering that the Rule of Law implies that nobody, including the authorities, is above the law and that .the laws must respect the fundamental rights of the citizens:
Reaffirming that the Rule of Law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, and which is first and foremost and fundamentally characterised by Justice based on the recognition and full
acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression;
Convinced that the Rule of Law:
- is the best guarantee of national unity, the respect of the fundamental freedoms and rights of the individual;
- is a concrete mani!estation of democracy;
- hinges on National Unity, Democracy, Pluralism and Respect for human rights:
Have agreed as follows:
CHAPTER I. NATIONAL UNITY
Article 1:
National unity must be based on equality of all citizens before the law, equal opportunities in all fields including the
economic field and respect for fundamental rights as stipulated.
notably.
in the Universal Declaration of Human
Rights and in the African Charter on Human and Peoples Rights.
Article 2:
National unity implies that the Rwandese people as constituent elements of the Rwandese nation are one and indivisible.
It also implies the necessity to fight all obstacles to national unity.
notably.
ethnicism.
regionalism.
integrism and intolerance which subordinate the national interest to ethnic.
regional.
religious and personal interest.
Article 3:
National unity entails the reJecUon of all exclusions and any form of discrimination based notably.
on ethnicity.
region.
sex
and religion.
It also entails that all citizens have equal opportunity of access to all the political.
economic and other advantages.
which access must be guaranteed by the State.
Article 4:
The two parties acknowledge that the national unity of the people of Rwanda cannot be achieved without a definitive solution to the problem of Rwandese refugees.
They recognize that the return of the Rwandese refugees to their country is an inalienable right and represents a factor of peace, unity and national reconciliation.
They undertake not to hinder the free exercise of this right by the refugees.
CHAPTER II:
DEMOCRACY
ARTICLE 5:
Democracy is founded on the idea that sovereignty belongs to the people.
It is expressed.
notably.
through regular.
free, transparent and fair elections.
Popular representation must be the authentic expression of the will of citizens.
ARTICLE 6:
The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
- sovereignty of the people;
- government based on the consent of the people expressed through regular, free, transparent and fair elections;
- separation of the legislative.
the executive and the judiciary powers;
- independence of the Judiciary;
- guarantee for the fundamental rights of the individual as provided for In the Universal Declaration of Human
Rights as well as in the African Charter on Human and Peoples· Rights.
among others.
freedom of speech;
enterprise and of political.
social and economic association;
- laws and regulations based on the respect of fundamental human rights;
- equality before the law;
- respect of laws and regulations by all;
Constitution which respects the principles enunciated
above.
organises the State powers and defines the
powers and limitations of the institutions of the
Republic ;
- multiparUsm.
social and economic pluralism.
ARTICLE 7:
The two parties recognize that multipartism entails the
legitimate existence of a democratic opposition and
consider, as legitimate, the aspiration of any Rwandese
citizen to accede to power through democratic process.
ARTICLE 8:
The two parties resolutely reject and undertake to fight:
- political ideologies based on ethnicity, region, religion and intolerance which subordinate national interest to
the ethnic, regional.
religious or personal interest:
- any form of coup d·etat as being contrary to the democratic system as described above.
ARTICLE 9:
In order to promote and consolidate the democratic system as described above, the two parties undertake to work for social, economic and cultural development of the country and to fight hunger, ignorance.
poverty and disease.
ARTICLE 10:
Elections shall be organised in such a way that transparency is guaranteed and fraud eliminated through the establishment of efficient supervision mechanisms including, if the need arises, enlisting the assistance of International Observers.
The prior and full explanation of the citizens' rights and civic duties including the Issues at stake in the elections is their inalienable right as a way of avoiding any form of political manipulation.
ARTICLE 11:
The two parties accept to promote.
in national political life.
a democratic culture based on the principles enunciated above.
ARTICLE 12:
The broad-based transitional government pro\ided for in Article V of the N·sele Agreement.
as amended in Gbadolite, on 16th September, 1991 and in Arusha on 12th July, 1992.
shall lead the country to a democratic system as defined above.
To this end, the tv;o parties note that a political process has been initiated 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 in the present Protocol.
CHAPTER III:
PLURALISM
ARTICLE 13:
The two parties recognise that a democratic society is also founded on pluralism which is the expression of individual freedoms and must respect national unity and the fundamental rights of the citizen.
CHAPTER IV:
HUMAN RIGHTS
ARTICLE 14:
The two parties recognise the universal nature of human rights and should express concern when these rights are violated anywhere and by anybody.
They also recognise that the International Community would be Justified in expressing concern in the event that these rtghts are violated by anybody on Rwandese territory.
These rights should be guaranteed by the Constitution and the laws of the Republic of Rwanda.
ARTICLE 15:
The two parties agree that a National Commission on Human Rights shall be established.
This institution shall be independent and shall investigate human rights violations committed by anybody on Rwandese territory, in particular.
by organs of the State and individuals in their capacity as agents of the State or of various organisations.
The investigation work of the Commission shall not be limited in time.
The Commission shall be provided with the necessary means, especially legal means, to efficiently accomplish its mission.
It shall utilise its findings to:
a) sensitize and educate the population about human rights;
b) institute legal proceedings, where necessary.
ARTICLE 16:
The two parties also agree to establish an International Commission of Enquiry to investigate human rights violations committed during the war.
CONCLUSION
ARTICLE 17:
The two parties concur that national unity, democracy and peace are invaluable and solemnly undertake to do
everything possible so as to preserve these values ln the interest of the present and future Rv..a.ndese generations.
Done at Arusha.
the 18th day of August.
1992 in French and English, the French version being the original.
For and on behalf of the Facilitator (United Republic of Tanzania): Benjamin Mkapa, Minister for Science, Technology and Higher Education.
In the presence of the Representative of the Current Chairman of the OAU:
Papa Louis Fall, Ambassador of Senegal to Ethiopia, Tanzania and the OUA
In the presence of the Representative of the Secretary General of the OAU:
Dr M. T. Mapuranga, Assistant Secretary General in charge of Political Affairs.