Protocol of Agreement on Power-sharing within the Framework of broad-based Transitional Government between the Government of the Republic of Rwanda and the Rwandese Patriotic Front
- Country/entityRwanda
- RegionAfrica (excl MENA)
- Agreement nameProtocol of Agreement on Power-sharing within the Framework of broad-based Transitional Government between the Government of the Republic of Rwanda and the Rwandese Patriotic Front
- Date30 Oct 1992
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ()
- StageFramework/substantive - partial
- Conflict natureGovernment
- Peace processRwanda-RPF process
- PartiesGovernment of Rwanda, Rwandese Patriotic Front
- Third partiesFacilitator: Hon. Ahamed Hassan Diria, Minister for Foreign Affairs and International Cooperation (United Republic of Tanzania)
Witnesses: Papa Louis Fall, Ambassador of Senegal to Ethiopia and Representative to the OUA as the Represenative of the Current Chairman of the OAU; and Dr. T Mapuranga, Assistant Secretary General of the OUA in charge of Political Affairs for the Secretary General of the OUA, Representative of the Secretary General of the OAU. - DescriptionThe agreement reaffirms the acceptance of principle of power sharing within the framework of a Broad-Based Transitional Government, and agreed on modalities for its implementation. It provides for the I. General Principles; II. Transitional Institutions; III. The Executive Power; IV. Specialised Commissions; V. The Judiciary; VI. Other Areas of Agreement such as the establishment of a Commission for National Unity and National Reconciliation, a Legal and Constitutional Commission and an Electoral Commission. It also involves agreements over the implementation of a programme comprising democracy; defence and security; post-war rehabilitation, repatriation and reintegration of refugees, and the economy.
- Agreement document
Groups
- Children/youthGroups→Children/youth→SubstantivePage 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
…
D. Post-war Rehabilitation Programme
...
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans. widows and widowers. - Disabled personsGroups→Disabled persons→SubstantivePage 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
…
D. Post-war Rehabilitation Programme
...
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers. - Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national group
No specific mention.
- Religious groups
No specific mention.
- Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 6, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Article 13:
The current structure of the Government, namely, the number and appellation of Ministries shall remain unchanged. However, a Secretariat of State in the Prime Minister's Office in charge of Social Rehabilitation and Integration shall be established.
It shall be responsible for:
1. Repatriation and social and economic reintegration of the Rwandese refugees who may wish to go back home.
Page 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
1. Provide humanitarian assistance, especially through the supply of foodstuffs, seeds and some building materials in a bid to contribute In the resettlement of those displaced as a result of the war and social strife encountered since the outbreak of the war in their original property.
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers.
4. Set up appropriate programmes for the economic and social integration of the demobilised military personnel.
E. Repatriation and Reintegration of Refugees
Repatriate and reintegrate all Rwandese refugees who may wish to go back home, following the modalities specified in the Peace Agreement. - Social class
No specific mention.
Gender
- Women, girls and genderPage 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers. - Men and boysGender→Men and boys→Gender neutral wordingPage 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers. - LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)Page 4-5, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
6. Ratification of International Treaties, Conventions and Agreements. However, Peace Treaties, Treaties of Alliance Treaties which may entail altering national borders or affect the rights of sovereignty, Treaties on the association of the Republic with one or several other States, as well as Treaties, Conventions and Agreements with financial implications not catered for in the budget, shall be implemented only after their approval by way of a law. The federation of the Republic of Rwanda with one or several other democratic States must be approved through a Referendum. - State configuration
No specific mention.
- Self determination
No specific mention.
- ReferendumPage 4-5, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
Ratification of International Treaties, Conventions and Agreements. However, Peace Treaties, Treaties of Alliance Treaties which may entail altering national borders or affect the rights of sovereignty, Treaties on the association of the Republic with one or several other States, as well as Treaties, Conventions and Agreements with financial implications not catered for in the budget, shall be implemented only after their approval by way of a law. The federation of the Republic of Rwanda with one or several other democratic States must be approved through a Referendum. - State symbols
No specific mention.
- Independence/secession
No specific mention.
- Accession/unification
No specific mention.
- Border delimitationPage 4-5, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
Ratification of International Treaties, Conventions and Agreements. However, Peace Treaties, Treaties of Alliance Treaties which may entail altering national borders or affect the rights of sovereignty, Treaties on the association of the Republic with one or several other States, as well as Treaties, Conventions and Agreements with financial implications not catered for in the budget, shall be implemented only after their approval by way of a law. The federation of the Republic of Rwanda with one or several other democratic States must be approved through a Referendum. - Cross-border provision
No specific mention.
Governance
- Political institutions (new or reformed)Governance→Political institutions (new or reformed)→Temporary new institutionsPage 2, Chapter II Transitional Institutions, Article 3:
During the Transitional Period, the State institutions shall be:
(i) The Presidency of the Republic;
(ii) The Broad-Based Transitional Government:
(iii) The Transitional National Assembly;
(iv) The Institutions of the Judiciary.
Page 6, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Article 13:
The current structure of the Government, namely, the number and appellation of Ministries shall remain unchanged. However, a Secretariat of State in the Prime Minister's Office in charge of Social Rehabilitation and Integration shall be established.
It shall be responsible for:
1. Repatriation and social and economic reintegration of the Rwandese refugees who may wish to go back home;
2. A Post-War Rehabilitation Programme as defined under Item 23.D of the present Protocol.
Page 7, CHAPTER III: THE EXECUTIVE POWER, SECTION 2: The Broad-based Transitional Government, Sub-section 1: The Powers of the Government: Article 16:
...
4. Discuss and adopt Orders in Council, in situations of emergency or when the National Assembly Is unable to seat, and transmit them to the President of the Republic for promulgation;
Page 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
In any case, all local authorities (Bourgmestres, (County Administrators], Sous-Prefets (Assistant District Commissioners!, Prefets de Prefecture (District Commissioners!) shall have been either replaced or confirmed within three months after the establishment of the Broadbased Transitional Government.
Page 16, Chapter V: The Judiciary; Section 3: The Supreme Court, Article 27:
The Supreme Court shall particular exercise the following functions:
...
(e) provide, upon request, legal opinions on the regularity of draft Presidential. Prime Ministerial and Ministerial orders as well as on other draft public administration regulations; - ElectionsPage 2, Chapter III The Executive Power, Section 1 The President of the Republic and Head of State, Article 5:
Upon the signing of the Peace Agreement, the incumbent President of the Republic and Head of State shall remain in office until the outcome of elections to be held at the end of the Transitional Period.
Page 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
A. Democracy
2. Prepare and organise general elections to be held at the end of the Transition Period.
Page 15, CHAPTER IV: Specialised Commisions, Article 24:
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:
C. ELECTORAL COMMISSION
This Commission shall be responsible for the preparation and organisation of local, legislative and presidential elections. - Electoral commissionPage 15, CHAPTER IV: Specialised Commisions, Article 24:
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:
C. ELECTORAL COMMISSION
This Commission shall be responsible for the preparation and organisation of local, legislative and presidential elections. - Political parties reform
No specific mention.
- Civil society
No specific mention.
- Traditional/religious leaders
No specific mention.
- Public administrationPage 4-5, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
5. the appointment and termination of services of the following senior civil servants:
- the Principal Private Secretary to the President of the Republic;
- the Chancellor for National Orders;
- the Governor of the National Bank of Rwanda;
- the Rector of the National University of Rwanda;
- Ambassadors;
- the Secretary to the Cabinet;
- the Personal Secretary to the President of the Republic;
- Advisors in the Presidency of the Republic:
- Principal Private Secretaries in Ministries;
- Advisors in Ministries;
- Head of the Prosecution Department at the Supreme Court;
Page 8-10, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Sub-section 2: The Prime Minister, Article 18:
The Prime Minister shall:
...
6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and termination of services of the following senior civil servants:
- the Principal Private Secretary to the Prime Minister;
- Deputy Governors of the National Bank of Rwanda;
- Vice-Rectors of the National University of Rwanda;
- Advisers and "Chefs de Service" in the Prime Minister's Office;
- the "Prefets de Prefecture" [District Commissioners].
- Director in Public Enterprises;
- Directors General in the Ministries;
- Planning and Coordination Officers in Public Enterprises;
- Directors In Public Enterprises and Representatives of the Government in Parastatals;
- Directors and Heads of Division in the Ministries;
- "Sous-Prefets"[Assistant District Commissioners];
- Bourgmestres [County Administrators],
- Deputy Directors of Public Prosecution at the Supreme Court;
- Head of the Prosecution Department of the Courts of Appeal;
- Deputy Directors of the Courts of Appeal;
- Head of the Prosecution Department at the Courts of First Instance;
- Assistant State Attorneys.
- Upon delegation of power by the Cabinet,
(a) the Minister responsible for the Civil Service shall sign Ministerial Orders with regard to appointments and termination of services of Civil Servants from the rank of Chief Clerk of equivalent and lower-Level posts.
Page 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
C. National Unity and National Reconciliation
...
c) Establishing a recruitment system for senior government posts, for all other posts, and for admission to schools, based on fair competition giving equal opportunity to all citizens.
Page 14, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
G. National Ethics
[…]
3. Evaluate and clean up all the State administrative institutions.
Page 22, Chapter VI: Other Areas of Agreement, Article 46:
As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose activities are an obstacle to the democratic process and to national reconciliation?
In any case, all local authorities (Bourgmestres (County Administrators), Sous-Prefets (Assistant District Commissioners), Prefets de Prefecture(District Commissioners), shall have been either replaced or confirmed within three months after the establishment of the Broadbased Transitional Government. - ConstitutionGovernance→Constitution→Constitutional reform/makingPage 15, CHAPTER IV: Specialised Commisions, Article 24:
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:
B. Legal and Constitutional Commission
This Commission shall be responsible for:
2) Prepare a preliminary draft of the Constitution which shall govern the country after the Transitional Period.
Page 17, Chapter V: The Judiciary; Section 3: The Supreme Court, Article 27:
The Supreme Court shall particular exercise the following functions:
...
(b) ensure the constitutionality of laws and Orders in Council. In so doing, it shall ensure their constitutionality before promulgation;
Page 18, Chapter V: The Judiciary; Section 3: The Supreme Court, Article 28:
The Supreme Court shall comprise the following five sections:
...
(c) The Constitutional Court;
Power sharing
- Political power sharingPower sharing→Political power sharing→GeneralState levelPages 1-2,
Article 1
The two parties reaffirm the acceptance of the principle of power-sharing within the framework of a Broad-Based Transitional Government, in conformity with Article V.3. of the N’sele Ceasefire Agreement, as amended at GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992. The modalities of implementation of this principle are the object of the present Protocol of Agreement on Power-sharing.
Article 2
The two parties agree that those modalities shall consist of:
(a) the maintenance of the current structure of the Coalition Government with appropriate adjustments to be mutually agreed upon in this Protocol, with a view to making room for the participation of the RPF and other political forces in the country;
(b) appropriate adjustments to be mutually agreed upon in this Protocol, to be made at the level of the State powers with a view to enabling the RPF and other political forces in the country to participate in and make for the efficient management of the transition, in compliance principle of separation of powers.
Page 6,
Article 14.
The political parties participating in the Coalition Government established on 16th April, 1992 as well as the
Rwandese Patriotic Front shall have the responsibility to set up the Broad-Based Transitional Government.
They shall decide, by consensus, on the other political formations which may participate in that Government.Power sharing→Political power sharing→Executive coalitionState levelPage 1-2, Chapter I General Principles, Article 2, Para A & B
The two parties agree that those modalities shall consist of:
- the maintenance of the current structure of the Coalition Government with appropriate adjustments to be mutually agreed upon In this Protocol, with a view to making room for
the participation of the RPF and other political forces in the country,
- appropriate adjustments to be mutually agreed upon in this protocol, to be made at the level of the State powers with a view to enabling the RPF and other political forces in the country to participate in and make for the efficient management of the transition, in compliance with the principle of separation of powers.
Page 2, Chapter III The Executive Power, Article 4:
The Executive power shall be exercised collectively through decisions taken in Cabinet meetings, by the President of the Republic and by the Government.
Page 6, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Article 14:
The political parties participating in the Coalition Government established on 16th April. 1992 as well as the Rwandese Patriotic Front shall have the responsibility to set up the Broad-Based Transitional Government. They shall decide, by consensus, on the other political formations which may participate in that Government.Power sharing→Political power sharing→Form of 'veto' or communal majorityState levelPage 4, Chapter III The Executive Power, Section 1 The President of the Republic and Head of State, Article 10:
Legal Acts by the President of the Republic shall be countersigned by the Prime Minister and by relevant Ministers and Secretaries of State.
Page 11, Article 21
Prior to the deliberations, the Cabinet meeting shall adopt its agenda.
Cabinet decisions shall be taken by consensus. Where consensus is not reached, the issue at hand shall be returned to the relevant Minister for further study.
Consensus on the issue shall once again be required subsequent discussions, and if no consensus is reached, a decision shall be taken on the basis of a partial consensus of a 2/3 of the members of the Government present.
For the following issues, however, consensus shall be mandatory:
- amendment to the Peace Agreement;
- declaration of war;
- exercise of the prerogative of mercy and mitigation of sentence;
- defence and security matters, - 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 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
A. Democracy
1. Consolidate the democratic process by establishing the necessary mechanisms for the implementation of the provisions of the Protocol on the Rule of Law.
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war, especially those stemming from the non-respect of National Unity, Human Rights and Democracy,
Page 15, CHAPTER IV: Specialised Commisions, Article 24:
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:
B. Legal and Constitutional Commission
This Commission shall be responsible for:
1) Drawing up a list of adaptations of national legislation to the provisions of the Peace Agreement, in particular those provisions relating to the Rule of Law. - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rights
No specific mention.
- Socio-economic rightsSocial and economic reintegration of refugees mentioned (article 13). Post-war rehabilitation programme set out for govenrment. Economy set out for programme of government.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizenship otherPage 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
C. National Unity and National Reconciliation
1. Restore national unity, in particular and as a matter of urgency by:
...
c) Establishing a recruitment system for senior government posts, for all other posts, and for admission to schools, based on fair competition giving equal opportunity to all citizens. - DemocracyPage 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
A. Democracy
1. Consolidate the democratic process by establishing the necessary mechanisms for the implementation of the provisions of the Protocol on the Rule of Law.
2. Prepare and organise general elections to be held at the end of the Transition Period.
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war, especially those stemming from the non-respect of National Unity Human Rights and Democracy.
Page 22, Chapter VI Other Areas of Agreement, Article 46:
As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose activities are an obstacle to the democratic process and to national reconciliation. - Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
No specific mention.
- Protection measures
No specific mention.
- Other
No specific mention.
Rights institutions
- NHRI
No specific mention.
- Regional or international human rights institutions
No specific mention.
Justice sector reform
- Criminal justice and emergency lawJustice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 10, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Sub-section 2: The Prime Minister, Article 18:
...
10. May, under exceptional circumstances, after a decision taken by the Cabinet and on consultation with the Bureau of the National Assembly and the Supreme Court, declare a State of Siege or a State of Emergency. - State of emergency provisions
No specific mention.
- Judiciary and courtsPage 8-10, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Sub-section 2: The Prime Minister, Article 18:
The Prime Minister shall:
... 6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and termination of services of the following senior civil servants:
... - Deputy Directors of Public Prosecution at the Supreme Court;
- Head of the Prosecution Department of the Courts of Appeal;
- Deputy Directors of the Courts of Appeal;
- Head of the Prosecution Department at the Courts of First Instance;
- Assistant State Attorneys.
... (b) The Minister of Justice shall sign Ministerial Orders for the appointment and termination of services of judicial staff other than magistrates.
... 10. May, under exceptional circumstances, after a decision taken by the Cabinet and on consultation with the Bureau of the National Assembly and the Supreme Court, declare a State of Siege or a State of Emergency.
Page 15, Chapter V The Judiciary, Section 1, General Principles, Article 25:
1. The powers of the Judiciary shall be exercised by Courts Tribunals and other Jurisdictions. The Judiciary is independent of the Legislature and the Executive.
Justice shall be rendered on the territory of the Republic in the name of the people.
Page 16, Chapter V The Judiciary, Section 2: Jurisdictions, Article 26:
The following ordinary jurisdictions shall be recognized:
Canton Courts, Courts of First Instance. Courts of Appeal and the Supreme Court.
The following Military Jurisdictions shall aslo be recognized:
Court Martials and the Military Court.
The law may establish any other specialized Courts. However, no special Courts may be established.
Page 16-17, Chapter V The Judiciary, Section 3: The Supreme Court, Article 27:
The Supreme Court shall particular exercise the following functions:
(a) direct and coordinate the activities of the Courts and Tribunals of the Republic. It shall be the guarantor of the independence of the Judiciary. To this effect it shall be responsible for the professional code of ethics;
(b) ensure the constitutionality of laws and Orders in Council. In so doing, it shall ensure their
constitutionality before promulgation;
(c) give a ruling on the petition for annulment of regulations, orders and decisions issued by administrative authorities.
(d) ensure the regularity of popular consultations;
(e) provide, upon request, legal opinions on the regularity of draft Presidential, Prime Ministerial and Ministerial orders as well as on other draft public administration regulations;
(f) give the authentic interpretation on customary practice in case written law is silent thereon;
(g) give a ruling on appeals to the Court of Cassation to have a new trial ordered and on transfer of cases from one Court to another;
(h) arbitrate on institutional conflicts between various State organs;
(i) judge the Accounts of all Public Institutions;
(j) have criminal jurisdiction over the President of the Republic, the Speaker of the National Assembly, the Presiding Judge of the Supreme Court, the Prime Minister, the Deputy Prime Minister, Ministers, Secretaries of State, the Deputy-Presiding Judges of the Supreme Court. Deputies in the National Assembly, the Presiding Judges of the Courts of Appeal, the Public Prosecutors and Deputy Directors of the Supreme Court and of the Courts of Appeal.
On first trial, the above-listed officials shall be tried by the Court of Cassation. On appeal, they shall be Judged by the Supreme Court, In the presence of all the Jurisdictional sections, with at least eleven Judges without including the Judges of the Bench of the Court of Cassation who gave a ruling on the case on the first trial.
Page 18, Chapter V The Judiciary, Section 3: The Supreme Court, Article 28:
The Supreme Court shall comprise the following five sections:
(a) The Department of Courts and Tribunals;
(b) The Court of Cassation;
(c) The Constitutional Court;
(d) The Council of State;
(e) The Public Accounts Court.
Page 18, Chapter V The Judiciary, Section 3: The Supreme Court, Article 29:
The Supreme Court shall be chaired by a Presiding Judge assisted by five Deputy Presiding Judges. The Presiding Judge and the Deputy Presiding Judges shall be selected by the National Assembly from a list presented by the Government based on two candidates for each post. Each Deputy Presiding Judge shall also be Head of one of the sections of the Supreme Court.
The services of the Presiding Judge and Deputy Presiding Judges of the Supreme Court shall be terminated by the National Assembly voting by a 2/3 majority, either upon its initiative, or upon the proposal of the Government. The instruments of appointment and termination of the services of the Presiding Judge and Deputy Presiding Judges shall be signed by the President of the Republic.
Page 18-19, Chapter V The Judiciary, Section 3: The Supreme Court, Article 30:
Candidates for the post of Presiding Judge and Deputy Presiding Judges of the Supreme Court must meet the following requirements:
1. Hold at least a University Degree in Law.
2. Give proof of at least five years' practical experience in the field of Law.
Page 19, Chapter V The Judiciary, Section 3: The Supreme Court, Article 31:
Judges of the Supreme Court, of the Court of Appeal as well as the Presiding Judges of the Courts of first instance must hold at least a Degree in Law or equivalent.
Page 19, Chapter V The Judiciary, Section 3: The Supreme Court, Article 32:
Upon the decision of the Supreme Council of the Magistrates, the Presiding Judge of the Supreme Court shall sign the Instruments of appointment and termination of services of Judges of the Bench.
Page 19, Chapter V The Judiciary, Section 3: The Supreme Court, Article 33:
An organic law shall determine the powers, the organisation and the rules of procedure of the Supreme Court. Pending the adoption of the said law, the legislation in force relating to the powers, organisation and the rules of procedure of these Courts shall remain in force.
Page 19, Chapter V The Judiciary, Section 5: Relationship between the Supreme Court and the
Government, Article 34:
The Government shall delegate one or several Commissioners to one or all sections of the Supreme Court to represent it and to avail any required information.
The Government Commissioners shall participate in discussions on matters for which they have been designated but as non-voting members.
Page 19-20, Chapter V The Judiciary, Section 5: Relationship between the Supreme Court and the
Government, Article 35:
The implementation of the decisions by the Supreme Court, as well as the financial management of, and other administrative measures concerning the Supreme Court shall be vested in the Government.
However, the law organizing of the Supreme Court shall define the administrative measures coming under its jurisdiction.
Page 20, Chapter V The Judiciary, Section 5: Relationship between the Supreme Court and the
Government, Article 36:
In matters relating to the organization of the Judiciary, the Supreme Court may submit to the Government any reform proposals which, in its opinion are is of general interest.
Page 20, Chapter V The Judiciary, Section 6: The Supreme Council of Magistrates, Article 37:
The Supreme Court of Council of the Magistrates shall comprise:
- The Presiding Judge of the Supreme Court as Chairman;
- the Deputy-Presiding Judges of the Supreme Court;
- two Judges of the Bench of the Supreme Court;
- a Judge of the Bench from each Court of Appeal;
- a Judge of the Bench from Courts of First Instance under the Jurisdiction of each Court of Appeal;
- a Magistrate of Canton Court under the Jurisdiction of each Court of Appeal.
The Government Commissioners to the Department of Courts and Tribunals shall attend meetings of the Supreme Council of Magistrates as non-voting members.
The Council shall elect from its members a Vice-Chairman and a Rapporteur.
Page 21, Chapter V The Judiciary, Section 6: The Supreme Council of Magistrates, Article 38:
With the exception of the Presiding Judge and the Deputy-Presiding Judges of the Supreme Court, members of the Supreme Council of Magistrates shall be elected by their peers of the same level of Jurisdiction.
Applications shall be submitted to the Supreme Court at least one month before the date of elections. Each candidate shall give proof of at least five years' practical experience in the field of Law.
Elections shall be organized by the Supreme Court.
Page 21, Chapter V The Judiciary, Section 6: The Supreme Council of Magistrates, Article 39:
The Supreme Council of the Magistrates shall have the following powers:
(a) Decide on the appointment and termination of services and, in general, the administration of the career of Judges of the Bench other than the Presiding Judge and Deputy-Presiding Judges of the Supreme Court.
(b) Give advisory opinion upon its own initiative or upon request, on any proposal relating to the Judicial staff regulations within its Jurisdictions.
(c) Give advisory opinion, upon its own Initiative or upon request, on any matter concerning the administration of Justice. - 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 6, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Article 13
The current structure of the Government, namely, the number and appellation of Ministries shall remain unchanged. However, a Secretariat of State in the Prime Minister's Office in charge of Social Rehabilitation and Integration shall be established.
It shall be responsible for:
[…]
2. A Post-War Rehabilitation Programme as defined under Item 23.D of the present Protocol.
Page 13-14, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
1. Provide humanitarian assistance, especially through the supply of foodstuffs, seeds and some building materials in a bid to contribute In the resettlement of those displaced as a result of the war and social strife encountered since the outbreak of the war, in their original property.
2. Rehabilitate and rebuild the areas devastated by war and social strife encountered since the outbreak of war, especially through mine-clearance and rebuilding of socio-educatlonal and administrative facilities.
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans. widows and widowers.
4. Set up appropriate programmes for the economic and social Integration of the demobilised military personnel.
....
F. The Economy
1. Stimulate the economy by, as a priority, orienting economic programmes towards the disadvantaged regions and social strata;
2. Review the country's priorities with the aim of promoting food security (application of selected seeds and fertilizers, storage, etc.);
3. Diversify export products;
4. Encourage small and medium scale industries;
5. Draw up and apply strategies for better utilization of the country's resources (natural and human). - National economic plan
No specific mention.
- Natural resourcesPage 14, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
F. The Economy
5. Draw up and apply strategies for better utilization of the country's resources (natural and human). - International funds
No specific mention.
- BusinessPage 8-10, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Sub-section 2: The Prime Minister, Article 18:
The Prime Minister shall:
...
6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and termination of services of the following senior civil servants:
...
- Director in Public Enterprises;
...
- Planning and Coordination Officers in Public Enterprises;
- Directors In Public Enterprises and Representatives of the Government in Parastatals;
...
- Deputy Directors of Public Prosecution at the Supreme Court;
- Head of the Prosecution Department of the Courts of Appeal;
- Deputy Directors of the Courts of Appeal;
- Head of the Prosecution Department at the Courts of First Instance;
- Assistant State Attorneys.
...
(c) In Public Enterprises, senior staff shall be appointed by the Board of Directors and the rest of the staff by the relevant Director. - Taxation
No specific mention.
- BanksSocio-economic reconstruction→Banks→Central bankPage 4, CHAPTER III: THE EXECUTIVE POWER SECTION, 1: THE PRESIDENT OF THE REPUBLIC AND HEAD OF STATE, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
2. the minting of currency;
Page 5, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Article 11:
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
...
5. the appointment and termination of services of the following senior civil servants:
...
the Governor of the National Bank of Rwanda;
Page 8, CHAPTER III: THE EXECUTIVE POWER SECTION, Section 1: The President of the Republic and the Head of State, Sub-section 2: The Prime Minister, Article 18:
The Prime Minister shall:
...
6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and termination of services of the following senior civil servants:
...
Deputy Governors of the National Bank of Rwanda;
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 GuaranteesPage 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
...
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war, especially those stemming from the non-respect of National Unity, Human Rights and Democracy,
2. Ensure internal and external security,
3. Take the necessary measures for guaranteeing the security of all the people and their property,
4. Organise defence and security institutions.
Page 13, Chapter III: The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
...
2. Rehabilitate and rebuild the areas devastated by war and social strife encountered since the outbreak of war, especially through mine-clearance and rebuilding of socio-educatlonal and administrative facilities. - Ceasefire
No specific mention.
- PolicePage 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war, especially those stemming from the non-respect of National Unity, Human Rights and Democracy,
2. Ensure internal and external security,
3. Take the necessary measures for guaranteeing the security of all the people and their property,
4. Organise defence and security institutions. - Armed forcesPage 2, Chapter III The Executive Power, Section 1 The President of the Republic and Head of State, Article 6
As Head of State, the President of the Republic shall have the following prerogatives:
[…]
(e) He shall declare war and sign armistice upon the decision of the Cabinet and after authorization by the National Assembly. To this end, he shall bear the title of Commander-in -Chief of the Armed Forces. The Army and other security forces shall be accountable to the Cabinet, In accordance with the modalities specified in the Peace Agreement.
Page 11, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 4:. Mode of Decision-Making within the Government, Article 21:
Prior to the deliberations, the Cabinet meeting shall adopt its agenda.
Cabinet decisions shall be taken by consensus. Where consensus is not reached, the issue at hand shall be returned to the relevant Minister for further study.
Consensus on the issue shall once again be required subsequent discussions, and if no consensus is reached, a decision shall be taken on the basis of a partial consensus of a 2/3 of the members of the Government present.
For the following issues, however, consensus shall be mandatory:
...
- declaration of war;
...
- defence and security matters.
Page 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war, especially those stemming from the non-respect of National Unity, Human Rights and Democracy,
2. Ensure internal and external security,
3. Take the necessary measures for guaranteeing the security of all the people and their property,
4. Organise defence and security institutions. - DDRSecurity sector→DDR→DDR programmesPage 13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
[…]
4. Set up appropriate programmes for the economic and social integration of the demobilised military personnel. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forces
No specific mention.
- Withdrawal of foreign forces
No specific mention.
- CorruptionPage 14, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
G. National Ethics
[…]
2. Establish a system for the eradication of all forms of corruption.
Page 22, Chapter VI Other Areas of Agreement, Article 46:
As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose activities are an obstacle to the democratic process and to national - 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
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- VictimsPage 13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
[…]
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers. - Missing persons
No specific mention.
- Reparations
No specific mention.
- ReconciliationPage 12, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
C. National Unity and National Reconciliation
1. Restore national unity, in particular and as a matter of urgency by:
a) Setting up efficient mechanisms aimed at eliminating all types of discrimination and exclusion;
b) Working out appropriate legislation in this regard;
c) Establishing a recruitment system for senior government posts, for all other posts, and for admission to schools, based on fair competition giving equal opportunity to all citizens.
2. Organise a national debate on National Unity and National Reconciliation.
Page 14-15, CHAPTER IV: Specialised Commisions, Article 24:
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:
A. Commission for National Unity and National Reconciliation
This commission, which reports to the Government, shall be responsible for:
1. Preparing a national debate on national unity and national reconciliation.
2. Prepare and distribute information aimed at educating the population and achieving national unity and national reconciliation.
Page 22, Chapter VI Other Areas of Agreement, Article 46:
As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose activities are an obstacle to the democratic process and to national reconciliation.
Implementation
- UN signatory
No specific mention.
- Other international signatoryFacilitator: Hon. Ahamed Hassan Diria, Minister for Foreign Affairs and International Cooperation (United Republic of Tanzania)
Witnesses: Papa Louis Fall, Ambassador of Senegal to Ethiopia and Representative to the OUA as the Represenative of the Current Chairman of the OAU; and Dr. T Mapuranga, Assistant Secretary General of the OUA in charge of Political Affairs for the Secretary General of the OUA, Representative of the Secretary General of the OAU - Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanismA number of commissions established: Commission for National Unity and National Reconciliation, a Legal and Constituitonal Commission. Electoral commission.
- Related cases
No specific mention.
- SourceUN Peacemaker, https://peacemaker.un.org/sites/peacemaker.un.org/files/RW_930109_ProtocolOnPowerSharing.pdf
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 Government of the Republic of Rwanda and the Rwandese Patriotic Front:
Agree on the following provisions which are an integral part of the Protocol of Agreement on Power-sharing:
Chapter 1:
General Principles
Article 1
The two parties reaffirm the acceptance of the principle of power-sharing within the framework of a Broad-
Based Transitional Government, in conformity with Article V.3.
of the N’sele Ceasefire Agreement, as
amended at GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992.
The modalities of
implementation of this principle are the object of the present Protocol of Agreement on Power-sharing.
Article 2
The two parties agree that those modalities shall consist of:
(a) the maintenance of the current structure of the Coalition Government with appropriate adjustments to
be mutually agreed upon in this Protocol, with a view to making room for the participation of the RPF
and other political forces in the country;
(b) appropriate adjustments to be mutually agreed upon in this Protocol, to be made at the level of the
State powers with a view to enabling the RPF and other political forces in the country to participate in
and make for the efficient management of the transition, in compliance principle of separation of
powers.
Chapter II:
Transitional Institutions
Article 3
During the Transitional Period, the State institutions shall be:
(i) The Presidency of the Republic;
(ii) The Broad-Based Transitional Government;
(iii) The Transitional National Assembly;
(iv) The Institutions of the Judiciary.
Chapter III:
The Executive Power
Article 4
The Executive power shall be exercised collectively through decisions taken in Cabinet meetings, by the
President of the Republic and by the Government.
Section 1:
The President of the Republic and Head of State
Article 5
Upon the signing of the Peace Agreement, the incumbent President of the Republic and Head of State shall
remain in office until the outcome of elections to be held at the end of the Transitional Period.
Article 6
As Head of State, the President of the Republic shall have the following prerogatives:
(a) He shall nominate the Prime Minister and other members of the Cabinet within three days following
their appointment by the relevant bodies.
After this period, the Prime Minister shall assume office and
appoint other Members of the Cabinet.
Modalities for the appointment of the Prime Minister and other Members of the Cabinet shall be
provided for in this Peace Agreement;
(b) He shall nominate and accredit Ambassadors, Plenipotentiaries and Extraordinary Envoys abroad,
after their appointment by the Cabinet.
He shall receive credentials of Ambassadors and Extraordinary
Envoys from abroad, after their approval by the Cabinet;
(c) He shall represent the Rwandese State in its relations with other States;
(d) He shall sanction and promulgate, without any right of veto, bills passed by the National Assembly
and Orders in Council adopted in the Cabinet meetings within ten days following the date of receipt of
the ruling on their constitutionality.
After this period, Orders in Council shall be sanctioned and
promulgated by the Prime Minister, and the bills shall be sanctioned and promulgated by the Speaker of
the Transitional National Assembly;
(e) He shall declare war and sign armistice upon the decision of the Cabinet and after authorization by
the National Assembly.
To this end, he shall bear the title of Commander-in-Chief of the Armed Forces.
The Army and other security forces shall be accountable to the Cabinet, in accordance with the
modalities specified in the Peace Agreement.
Article 7
The President of the Republic shall have the right to include any issue of national interest on the agenda of
Cabinet meetings.
Article 8
The President of the Republic may, if he so wishes, attend meetings of the Cabinet.
In this case, he shall chair
the Cabinet meetings.
Article 9
Executive Orders by the President of the Republic, shall be discussed and adopted by the Cabinet.
Since the
President of the Republic shall have the right to be involved in decision-making in the Cabinet, he shall have no
right of veto on decisions regularly taken by the Cabinet, in particular, draft Presidential Orders when these are
submitted to him by the Prime Minister for signature.
This signature officializing the Presidential Orders
adopted in the Cabinet, shall be effected within ten days following the day of receipt of the said Orders at the
Presidency of the Republic.
After this period, the decision shall come into force by way of a Prime Ministerial
Order.
Article 10
Legal Acts by the President of the Republic shall be countersigned by the Prime Minister and by relevant
Ministers and Secretaries of State.
Article 11
In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the
present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:
1. the prerogative of mercy;
2. the minting of currency;
3. award of the National Orders:
4. the implementation of laws, when he is so required;
5. the appointment and termination of services of the following senior civil servants:
· the Principal Private Secretary to the President of the Republic;
· the Chancellor for National Orders;
· the Governor of the National Bank of Rwanda;
· the Rector of the National University of Rwanda;
· Ambassadors;
· the Secretary to the Cabinet;
· the Personal Secretary to the President of the Republic;
· Advisors in the Presidency of the Republic;
· Principal Private Secretaries in Ministries;
· Advisors in Ministries;
· Head of the Prosecution Department at the Supreme Court;
6. Ratification of International Treaties, Conventions and Agreements.
However, Peace Treaties,
Treaties of Alliance, Treaties which may entail altering national borders or affect the rights of
sovereignty, Treaties on the association of the Republic with one or several other States, as well as
Treaties, Conventions and Agreements with financial implications not catered for in the budget, shall be
implemented only after their approval by way of a law.
The federation of the Republic of Rwanda with
one or several other democratic States must be approved through a Referendum.
Article 12
The President of the Republic shall address messages to the Nation, the content of which shall be decided upon
by the Cabinet.
Section 2:
The Broad-based Transitional Government
Article 13
The current structure of the Government, namely, the number and appellation of Ministries, shall remain
unchanged.
However, a Secretariat of State in the Prime Minister’s Office in charge of Social Rehabilitation and
Integration shall be established.
It shall be responsible for:
1. Repatriation and social and economic reintegration of the Rwandese refugees who may wish to go
back home;
2. A Post-War Rehabilitation Programme as defined under Item 23.D of the present Protocol.
Article 14
The political parties participating in the Coalition Government established on 16th April, 1992 as well as the
Rwandese Patriotic Front shall have the responsibility to set up the Broad-Based Transitional Government.
They shall decide, by consensus, on the other political formations which may participate in that Government.
Article 15
The Government shall be composed of the Prime Minister, the Deputy Prime Minister, Ministers and
Secretaries of State.
Sub-section 1:
The Powers of the Government:
Article 16
The Government shall be responsible for the management of the country.
It shall determine and implement
national policy.
In so doing, the Government shall:
1. Be responsible for the implementation of laws and regulations;
2. Negotiate and conclude international Treaties, Conventions and Agreements;
3. Discuss and adopt draft bills and present them to the National Assembly;
4. Discuss and adopt Orders in Council, in situations of emergency or when the National Assembly is
unable to seat, and transmit them to the President of the Republic for promulgation;
5. Appoint and dismiss civil servants.
6. Discuss and adopt Presidential, Prime Ministerial and Ministerial Statutory Orders on the
implementation of laws.
Article 17
The Government shall be the guarantor of national sovereignty and national unity.
Sub-section 2:
The Prime Minister
Article 18:
The Prime Minister shall:
1. In accordance with the Peace Agreement and in consultation with the political forces, prepare the
Government programme;
2. In conformity with the modalities provided for in the Peace Agreement, select the other members of
the Cabinet;
3. Present the Government programme and the Ministerial team responsible for its implementation to the
National Assembly;
4. Lead Government business, convene and chair Cabinet Meetings.
He shall prepare the agenda for
cabinet meetings, in consultation with the other members of the Government.
The Prime Minister shall
communicate the agenda to the President of the Republic and to the other members of the Government,
at least two days before the date of the meeting.
5. Determine the functions of the Ministers and Secretaries of State as well as the nature and extent of
powers of the services under them.
The Ministers and Secretaries of State shall be delegated powers by the Prime Minister for the
management of the duties of their departments.
The Prime Minister shall determine the extent of this
delegation of power.
6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and
termination of services of the following senior civil servants:
- the Principal Private Secretary to the Prime Minister;
- Deputy Governors of the National Bank of Rwanda;
- Vice-Rectors of the National University of Rwanda;
- Advisers and “Chefs de Service” in the Prime Minister’s Office;
- the “Préfets de Préfecture”;
- Director in Public Enterprises;
- Directors General in the Ministries;
- Planning and Coordination Officers in Public Enterprises;
- Directors in Public Enterprises and Representatives of the Government in Parastatals;
- Directors and Heads of Division in the Ministries:
- “Sous-Préfets”;
- Bourgmestres;
- Deputy Directors of Public Prosecution at the Supreme Court;
- Head of the Prosecution Department of the Courts of Appeal;
- Deputy Directors of the Courts of Appeal;
- Head of the Prosecution Department at the Courts of First Instance;
- Assistant State Attorneys.
Upon delegation of power by the Cabinet,
(a) the Minister responsible for the Civil Service shall sign Ministerial Orders with regard to
appointments and termination of services of Civil Servants from the rank of chief Clerk or
equivalent and lower-level posts.
(b) The Minister of Justice shall sign Ministerial Orders for the appointment and termination of
services of Judicial staff other than magistrates.
(c) In Public Enterprises, senior staff shall be appointed by the Board of Directors and the rest of
the staff by the relevant Director.
7. Countersign, after their promulgation by the President of the Republic, bills passed by the National
Assembly as well as Statutory Orders in Council adopted by the Cabinet.
8. By way of Orders decided upon during cabinet meetings, implement laws and regulations when he is
required to do so.
9. Address messages to the Nation whose content shall be decided upon by the Cabinet.
10. May, under exceptional circumstances, after a decision taken by the Cabinet and on consultation
with the Bureau of the National Assembly and the Supreme Court, declare a State of Siege or a State of
Emergency.
Article 19
Legal acts by the Prime Minister shall be countersigned relevant Ministers and Secretaries of State.
Sub-section 3:
Functions of the Deputy Prime Minister
Article 20
The Deputy Prime Minister shall:
1. Upon formal delegation of power, replace the Prime Minister in the event of his absence or hindrance.
2. Act as Prime Minister when the post falls vacant, until a new Prime Minister is appointed, following
modalities provided for in the Peace Agreement.
3. In addition, hold a Ministerial Portfolio.
Sub-Section 4:
Mode of Decision-Making within the Government
Article 21
Prior to the deliberations, the Cabinet meeting shall adopt its agenda.
Cabinet decisions shall be taken by consensus.
Where consensus is not reached, the issue at hand shall be
returned to the relevant Minister for further study.
Consensus on the issue shall once again be required subsequent discussions, and if no consensus is reached, a
decision shall be taken on the basis of a partial consensus of a 2/3 of the members of the Government present.
For the following issues, however, consensus shall be mandatory:
- amendment to the Peace Agreement;
- declaration of war;
- exercise of the prerogative of mercy and mitigation of sentence;
- defence and security matters,
Article 22
For each Cabinet Meeting, minutes and a summary of decisions shall be written.
The summary shall be
approved and signed by members who attended the said meeting.
Sub-Section 5:
Outline of the Broad-based Transitional Government Programme
Article 23
The Broad-based Transitional Government shall implement the programme comprising the following:
A. Democracy
1. Consolidate the democratic process by establishing the necessary mechanisms for the implementation
of the provisions of the Protocol on the Rule of Law.
2. Prepare and organise general elections to be held at the end of the Transition Period.
B. Defence and Security
1. Consolidate peace by taking the necessary measures for the eradication of the causes of war,
especially those stemming from the non-respect of National Unity, Human Rights and Democracy.
2. Ensure internal and external security.
3. Take the necessary measures for guaranteeing the security of all the people and their property.
4. Organise defence and security institutions.
C. National Unity and National Reconciliation
1. Restore national unity, in particular and as a matter of urgency by:
a) Setting up efficient mechanisms aimed at eliminating all types of discrimination and
exclusion;
b) Working out appropriate legislation in this regard;
c) Establishing a recruitment system for senior government posts, for all other posts, and for
admission to schools, based on fair competition giving equal opportunity to all citizens.
2. Organise a national debate on National Unity and National Reconciliation.
D. Post-war Rehabilitation Programme
1. Provide humanitarian assistance, especially through the supply of foodstuffs, seeds and some building
materials in a bid to contribute in the resettlement of those displaced as a result of the war and social
strife encountered since the outbreak of the war, in their original property.
2. Rehabilitate and rebuild the areas devastated by war and social strife encountered since the outbreak
of war, especially through mine-clearance and rebuilding of socio-educational and administrative
facilities.
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife
encountered since the outbreak of the war, to the physically handicapped, orphans, widows and
widowers.
4. Set up appropriate programmes for the economic and social integration of the demobilised military
personnel.
E. Repatriation and Reintegration of Refugees
Repatriate and reintegrate all Rwandese refugees who may wish to go back home, following the
modalities specified in the Peace Agreement.
F. The Economy
1. Stimulate the economy by, as a priority, orienting economic programmes towards the disadvantaged
regions and social strata.
2. Review the country’s priorities with the aim of promoting food security (application of selected seeds
and fertilizers, storage, etc.)
3. Diversify export products.
4. Encourage small and medium scale industries.
5. Draw up and apply strategies for better utilization of the country’s resources (natural and human).
G. National Ethics
1. Establish a mechanism for guaranteeing a professional code of ethics, integrity and patriotism.
2. Establish a system for the eradication of all forms of corruption.
3. Evaluate and clean up all the State administrative institutions.
Chapter IV:
Specialised Commissions
Article 24
In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based
specialised Commissions shall be established:
A. Commission for National Unity and National Reconciliation
This commission, which reports to the Government, shall be responsible for:
1. Preparing a national debate on national unity and national reconciliation.
2. Prepare and distribute information aimed at educating the population and achieving national
unity and national reconciliation.
B. Legal and Constitutional Commission
This Commission shall be responsible for:
1. Drawing up a list of adaptations of national legislation to the provisions of the Peace
Agreement, in particular those provisions relating to the Rule of Law.
2. Prepare a preliminary draft of the Constitution which shall govern the country after the
Transitional Period.
C. Electoral Commission
This Commission shall be responsible for the preparation and organisation of local, legislative and
presidential elections.
Chapter V:
The Judiciary
Section 1:
General Principles
Article 25
1. The powers of the Judiciary shall be exercised by courts, tribunals and other jurisdictions.
The Judiciary is
independent of the Legislature and the Executive.
Justice shall be rendered on the territory of the Republic in the name of the people.
Section 2:
Jurisdictions
Article 26
The following ordinary jurisdictions shall be recognized:
- Canton Courts, Courts of First Instance, Courts of Appeal and the Supreme Court.
The following military jurisdictions shall also recognized:
- Court Martials and the Military Court.
The law may establish any other specialized courts.
However, no special courts may be established.
Section 3:
The Supreme Court
Article 27
The Supreme Court shall particular exercise the following functions:
(a) direct and coordinate the activities of the courts and tribunals of the Republic.
It shall be the
guarantor of the independence of the judiciary.
To this effect, it shall be responsible for the professional
code of ethics;
(b) ensure the constitutionality of laws and Orders in Council.
In so doing, it shall ensure their
constitutionality before promulgation;
(c) give a ruling on the petition for annulment of regulations, orders and decisions issued by
administrative authorities:
(d) ensure the regularity of popular consultations;
(e) provide, upon request, legal opinions on the regularity of draft Presidential, Prime Ministerial and
Ministerial orders as well as on other draft public administration regulations;
(f) give the authentic interpretation on customary practice in case written law is silent thereon;
(g) give a ruling on appeals to the Court of Cassation to have a new trial ordered and on transfer of cases
from one Court to another;
(h) arbitrate on institutional conflicts between various State organs;
(i) judge the accounts of all public institutions;
(j) have criminal jurisdiction over the President of the Republic, the Speaker of the National Assembly,
the Presiding Judge of the Supreme Court, the Prime Minister, the Deputy Prime Minister, Ministers,
Secretaries of State, the Deputy-Presiding Judges of the Supreme Court, Deputies in the National
Assembly, the Presiding Judges of the Courts of Appeal, the Public Prosecutors and Deputy Directors of
the Supreme Court and of the Courts of Appeal.
On first trial, the above-listed officials shall be tried by the Court of Cassation.
On appeal, they shall be
judged by the Supreme Court, in the presence of all the Jurisdictional sections, with at least eleven
Judges without including the Judges of the Bench of the Court of Cassation who gave a ruling on the
case on the first trial.
Article 28
The Supreme Court shall comprise the following five sections:
(a) The Department of Courts and Tribunals;
(b) The Court of Cassation;
(c) The Constitutional Court;
(d) The Council of State;
(e) The Public Accounts Court.
Article 29
The Supreme Court shall be chaired by a Presiding Judge assisted by five Deputy Presiding Judges.
The
Presiding Judge and the Deputy Presiding Judges shall be selected by the National Assembly from a list
presented by the Government based on two candidates for each post.
Each Deputy Presiding Judge shall also be
Head of one of the sections of the Supreme Court.
The services of the Presiding Judge and Deputy Presiding Judges of the Supreme Court shall be terminated by
the National Assembly voting by a 2/3 majority, either upon its initiative, or upon the proposal of the
Government.
The instruments of appointment and termination of the services of the Presiding Judge and Deputy
Presiding Judges shall be signed by the President of the Republic.
Article 30
Candidates for the post of Presiding Judge and Deputy Presiding Judges of the Supreme Court must meet the
following requirements:
1. Hold at least a University Degree in Law.
2. Give proof of at least five years’ practical experience in the field of Law.
Article 31
Judges of the Supreme Court, of the Court of Appeal as well as the Presiding Judges of the Courts of first
instance must hold at least a Degree in Law or equivalent.
Article 32
Upon the decision of the Supreme Council of the Magistrates, the Presiding Judge of the Supreme Court shall
sign the Instruments of appointment and termination of services of Judges of the Bench.
Article 33
An organic law shall determine the powers, the organisation and the rules of procedure of the Supreme Court.
Pending the adoption of the said law, the legislation in force relating to the powers, organisation and the rules of
procedure of these Courts shall remain in force.
Section 5:
Relationship between the Supreme Court and the Government
Article 34
The Government shall delegate one or several Commissioners to one or all sections of the Supreme Court to
represent it and to avail any required information.
The Government Commissioners shall participate in discussions on matters for which they have been
designated but as non-voting members.
Article 35
The implementation of the decisions by the Supreme Court, as well as the financial management of, and other
administrative measures concerning the Supreme Court shall be vested in the Government.
However, the law
organizing of the Supreme Court shall define the administrative measures coming under its jurisdiction.
Article 36
In matters relating to the organization of the Judiciary, the Supreme Court may submit to the Government any
reform proposals which, in its opinion, are of general interest.
Section 6:
The Supreme Council of Magistrates
Article 37
The Supreme Court of Council of the Magistrates shall comprise:
- The Presiding Judge of the Supreme Court as Chairman;
- the Deputy-Presiding Judges of the Supreme Court;
- two Judges of the Bench of the Supreme Court;
- a Judge of the Bench from each Court of Appeal;
- a Judge of the Bench from Courts of First Instance under the Jurisdiction of each Court of Appeal;
- a Magistrate of Canton Court under the Jurisdiction of each Court of Appeal.
The Government Commissioners to the Department of Courts and Tribunals shall attend meetings of the
Supreme Council of Magistrates as non-voting members.
The Council shall elect from its members a Vice-Chairman and a Rapporteur.
Article 38
With the exception of the Presiding Judge and the Deputy-Presiding Judges of the Supreme Court, members of
the Supreme Council of Magistrates shall be elected by their peers of the same level of jurisdiction.
Applications shall be submitted to the Supreme Court at least one month before the date of elections.
Each
candidate shall give proof of at least five years’ practical experience in the field of Law.
Elections shall be organized by the Supreme Court.
Article 39
The Supreme Council of the Magistrates shall have the following powers:
(a) Decide on the appointment and termination of services and, in general, the administration of the
career of Judges of the Bench other than the Presiding Judge and Deputy-Presiding Judges of the
Supreme Court.
(b) Give advisory opinion upon its own initiative or upon request, on any proposal relating to the
Judicial staff regulations within its jurisdictions.
(c) Give advisory opinion, upon its own initiative or upon request, on any matter concerning the
administration of Justice.
Chapter VI:
Other Areas of Agreement
Article 40
The initiative of laws shall be vested in the Cabinet and the National Assembly.
Article 41
The Constitution which shall govern the country after the Transition Period shall be prepared by the Legal and
Constitutional Commission comprising national experts referred to under Article 24.B of this Protocol.
This
Commission, which shall be under the National Assembly, shall prepare, after an extensive consultation with all
the strata of the population, a preliminary draft Constitution which shall be submitted to the Government for
advice, before submitting it to the National Assembly which shall finalise the draft Constitution, to be submitted
to a Referendum for adoption.
Article 42
The National Assembly shall exercise control over the Government’s activities, in line with the mechanisms
provided for by the law.
Article 43
The National Budget shall be prepared by the Government and voted by the National Assembly.
Where the
budget is not voted in time, the Prime Minister shall, upon the decision of the Government, pass a decree
authorising the disbursement of monthly provisional expenditure.
Article 44
The “Office Rwandais d’Information” (ORINFOR) shall fall under the Ministry responsible for Information and
the “Office du Tourisme et des Parcs Nationaux” (ORTPN) under the Ministry responsible for Tourism.
Article 45
In criminal matters the responsibility of the President of the Republic, the Speaker of the National Assembly,
the Presiding Judge of the Supreme Court, the Prime Minister, the Deputy Prime Minister, Ministers,
Secretaries of State, the Assistant Presiding Judges of the Supreme Court and Deputies, shall be individual.
However, they shall not be subjected to custody.
They may appear before Justice through their proxies.
They
shall be judged by the Supreme Court.
Deputies shall not be prosecuted or sued as a result of opinions expressed or votes cast in the exercise of their
duties.
Article 46
As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative
apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose
activities are an obstacle to the democratic process and to national reconciliation.
In any case, all local authorities (Bourgmestres, Sous-Préfets, Préfets de Préfecture) shall have been either
replaced or confirmed within three months after the establishment of the Broad-based Transitional Government.
Done at Arusha, on this 30th day of October, 1992 in French and English, the French text being the original.
For the Rwandese Government:
Boniface Ngulinzira
Minister of Foreign Affairs and Cooperation
For the Rwandese Patriotic Front:
Pasteur Bizimungu
Member of the Executive Committee and Commissioner for Information and Documentation
In the presence of Representative of Facilitator (United Republic of Tanzania):
Ahmed Hassan Diria
Minister for Foreign Affairs and International Cooperation
In the presence of the Representative of Chairman of the OAU:
Papa Louis Fall
Ambassador of Senegal to Ethiopia, Tanzania and the OAU
In the presence of Secretary General of the OAU
Dr. M.T. Mapuranga
Secrétaire Général Adjoint, chargé des Affaires politiques