Rwanda is an African landlocked country sharing a border with Uganda, Tanzania, Burundi, and the Democratic Republic of the Congo. The population of this country is approx 1,36,23,000 with 26,798 square kilometers area. Ethnically 85% Hutu, 14% Tutsi, 1% Tutsi. By religion 94% are christinas. Kinyarwanda, English. French, Swahili languages are spoken. Rwanda is a familiar name in world politics. The 1994 genocide killed nearly a million people.
Every citizen has the right to disobey if the orders of a superior are a serious and clear violation of human rights and freedoms. It is prohibited to establish political parties based on community, group, tribe, region, gender, religion or anything similar.
The outgoing President shall remain in office until the elected President assumes office after the election. However, during this transitional period, the outgoing President shall not be able to declare war; declare a state of siege or emergency; call a referendum; or pardon persons finally convicted by a court. Similarly, the Constitution shall not be amended during that period.
These are positive aspects. Now let's discuss the negative aspects.
Rwanda is actually a one-party state, with power largely concentrated in the hands of the Rwandan Patriotic Front (RPF), led by Paul Kagame. He has been President of Rwanda since March 2000 and has since won elections in 2003, 2010, 2017, and 2024.
Article 101 of Rwanda's 2015 revised constitution states that a person can serve a maximum of two five-year terms as president. However, a special interim provision in the constitution—Article 172—allows Paul Kagame to deviate from this rule. As a result, he ran for a third seven-year term in 2017. He was later allowed to serve two more five-year terms, the first of which begins in 2024.
Although Rwanda is constitutionally described as a democratic republic, in practice there has been much criticism of the country's electoral process. Opposition parties are often banned, political opponents are arrested, and even accused of being killed. There are also reports of irregularities and fraud surrounding elections. These factors have called into question Rwanda's democratic structure and left power largely concentrated in a single party.
Admirable Articles of Rwanda's Constitution
Article 1. Source of National sovereignty
All power derives from Rwandans and is exercised in accordance with this Constitution.
No individual or section of people can arrogate to themselves the exercise of power.
National sovereignty belongs to Rwandans who exercise it directly by means of referendum, elections, or through their representatives.
Article 2. Suffrage
Suffrage is universal and equal for all Rwandans.
All Rwandans, both men and women, fulfilling the requirements provided for by law, have the right to vote and to be elected.
Suffrage is direct or indirect and secret, unless this Constitution or any other law provides otherwise.
An organic law governing elections determines conditions and modalities for conducting elections.
Article 3. Supremacy of the Constitution
The Constitution is the supreme law of the country.
Any law, decision or act contrary to this Constitution is without effect.
Article 12. Right to life
Everyone has the right to life.
No one shall be arbitrarily deprived of life.
Article 14. Right to physical and mental integrity
Everyone has the right to physical and mental integrity.
No one shall be subjected to torture or physical abuse, or cruel, inhuman or degrading treatment.
No one shall be subjected to experimentation without his or her informed consent.
Modalities of the consent and experiments are determined by law.
Article 15. Equality before the law
All persons are equal before the law. They are entitled to equal protection of the law.
Article 16. Protection from discrimination
All Rwandans are born and remain equal in rights and freedoms.
Discrimination of any kind or its propaganda based on, inter alia, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, physical or mental disability or any other form of discrimination are prohibited and punishable by law.
Article 20. Right to education
Every Rwandan has the right to education.
Freedom of learning and teaching is guaranteed in accordance with conditions determined by law.
Primary education is compulsory and free in public schools.
Conditions for free primary education in schools subsidised by the Government are determined by law.
A law also determines the organisation of education.
Article 23. Respect for privacy of a person and of family
The privacy of a person, his or her family, home or correspondence shall not be subjected to interference in a manner inconsistent with the law; the person's honour and dignity shall be respected.
A person's home is inviolable. No search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law.
Confidentiality of correspondence and communication shall not be waived except in circumstances and in accordance with procedures determined by the law.
Article 29. Right to due process of law (Part of it)
Everyone has the right to due process of law, which includes the right:
● to be informed of the nature and cause of charges and the right to defence and legal representation;
● to be presumed innocent until proved guilty by a competent Court;
● to appear before a competent Court;
● not to be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not constitute an offence under national or international law at the time it was committed. Offences and their penalties are determined by law;
● not to be held liable for an offence he or she did not commit. Criminal liability is personal;
● not to be punished for an offence with a penalty that is severer than the penalty provided for by the law at the time that offence was committed;
● not to be imprisoned merely on the ground of inability to fulfil a contractual obligation;
● not to be prosecuted or punished for a crime which has reached its statute of limitations. However, the crime of genocide, crimes against humanity and war crimes are not subject to statute of limitations. A law may determine other crimes which are not subject to statute of limitations.
Article 37. Freedom of conscience and religion
Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law.
Propagation of ethnic, regional, racial discrimination or any other form of division is punished by law.
Article 39. Right to freedom of association
The right to freedom of association is guaranteed and does not require prior authorisation.
This right is exercised under conditions determined by law.
Article 40. Right to freedom of assembly
The right to freedom of peaceful and unarmed assembly is guaranteed.
This right is exercised in accordance with the law.
This right does not require prior authorisation, except when provided for by the law.
Article 46. Maintaining of good relations with others
Every Rwandan has the duty to respect and consider his or her fellow beings without discrimination, and to maintain relations aimed at safeguarding, promoting and reinforcing mutual respect, solidarity and tolerance
Article 49. Respect of the Constitution and other laws
Every Rwandan has the duty to respect the Constitution and the other laws of the country.
Every Rwandan has the right to defy superior orders if they constitute a serious and obvious violation of human rights and freedoms.
Article 54. Recognition of political organisations
A multiparty system is recognised.
Political organisations fulfilling the conditions required by law may be formed and operate freely.
Duly registered political oganisations receive State grants.
An organic law determines the modalities for the establishment and functioning of political organisations, the conduct of their leaders, and the process of receiving State grants.
Article 55. Freedom to join a political organisation
Every Rwandan has a right to join a political organisation of his or her choice, or not to join any.
No Rwandan shall be subject to discrimination on grounds of membership in a given political organisation, or non-membership in a political organisation.
Article 57. Prohibitions for political organisations
Political organisations are prohibited from basing themselves on race, ethnic group, tribe, lineage, region, sex, religion or any other division which may lead to discrimination.
Article 61. Branches of Government
Branches of Government are the following:
● The Legislature
● The Executive
● The Judiciary
The three branches are separate and independent from each other but are all complementary. Their responsibilities, organisation and functioning are defined by this Constitution.
The State must ensure that duties in the Legislature, Executive and Judiciary are entrusted to persons of competence and integrity.
Article 74. Autonomy of each Chamber of Parliament
Each Chamber of Parliament has its own budget and enjoys financial and administrative autonomy.
Article 95. Hierarchy of laws
The hierarchy of laws is as follows:
● Constitution;
● organic law;
● international treaties and agreements ratified by Rwanda;
● ordinary law;
● orders.
A law cannot contradict another law that is higher in hierarchy.
Organic laws are those designated as such and empowered by this Constitution to regulate other key matters in the place of the Constitution.
Article 101. Term of office of the President of the Republic
The President of the Republic is elected for a five (5) year term. He or she may be re-elected once.
Article 104. Presidential transition
The incumbent President of the Republic remains in office until the President-elect assumes office.
However, the incumbent President cannot, during this transitional period, exercise the following powers:
● declare war;
● declare a state of siege or a state of emergency;
● call a referendum;
● grant mercy to persons definitively sentenced by Courts of law.
Similarly, the Constitution cannot be amended during that period.
In case the President-elect dies, is permanently unable to assume office or chooses not to take office, new elections are organised.
Article 138. Parliament during a state of siege or state of emergency
During the state of siege or state of emergency, the Chamber of Deputies cannot be dissolved and both Chambers of Parliament are recalled immediately if they are in recess.
If at the date of a declaration of a state of siege or state of emergency the Chamber of Deputies has previously been dissolved or its term of office has ended, powers of Parliament relating to a state of siege or state of emergency are exercised by the Senate.
Facts of Rwanda's Constitution
Article 41. Limitation of rights and freedoms
In exercising rights and freedoms, everyone is subject only to limitations provided for by the law aimed at ensuring recognition and respect of other people's rights and freedoms, as well as public morals, public order and social welfare which generally characterise a democratic society.
Article 112. Powers to enact presidential orders (Part of it)
The President of the Republic enacts presidential orders by virtue of the powers vested in him or her by this Constitution and other laws.
Presidential orders on the following matters are approved by Cabinet:
● appointment and dismissal of the following judges and prosecutors:
● the President, Vice President and Judges of the Supreme Court;
● the President and Vice President of the High Court, and the President and Vice President of the Commercial High Court;
● appointment and dismissal of the following officials:
● Clerks of Parliament and their Deputies, Secretary General of the Supreme Court, Secretary General of the National Public Prosecution Authority, Permanent Secretaries in Ministries and Secretaries General of other public institutions;
● members of Boards of Directors of public institutions and Government representatives in the enterprises in which the Government is a shareholder.
The President of the Republic may delegate to another official some of the powers referred to in this Article.
