Protocol of Agreement between the Government of the Republic of Rwanda and the RPF on the Rule of Law

  • Country/entity
    Rwanda
  • Region
    Africa (excl MENA)
  • Agreement name
    Protocol of Agreement between the Government of the Republic of Rwanda and the RPF on the Rule of Law
  • Date
    18 Aug 1992
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Rwandan Civil War (1990 - 1994) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government
  • Peace process
    Rwanda-RPF process
  • Parties
    Government of the Republic of Rwanda, Rwandese Patriotic Front
  • Third 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.

Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Rhetorical
    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.
    Groups→Racial/ethnic/national group→Anti-discrimination
    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.
    Groups→Racial/ethnic/national group→Substantive
    Page 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 groups
    Groups→Religious groups→Rhetorical
    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.
    Groups→Religious groups→Anti-discrimination
    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.
    Groups→Religious groups→Substantive
    Page 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 persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 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 gender
    Page 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 references
    Page 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.
  • Elections
    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, 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.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 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 general
    Page 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/similar
    Page 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 incorporation
    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.
  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    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 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 association
    Page 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 religion
    Page 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

  • Citizenship
    Rights related issues→Citizenship→Citizens, specific rights
    Page 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.
  • Democracy
    Page 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.

  • Other
    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:
    […]
    - 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

  • NHRI
    Rights institutions→NHRI→New or fundamentally revised NHRI
    Page 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 reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 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.

  • Mechanism
    Page 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 signatory
    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.
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    On 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.