National Constitutional provisions – Rwanda

The Constitution of the Republic of Rwanda, 2003

EDUCATION

Chapter one – Fundamental Human Rights

Article 40

Every person has the right to education.

Freedom of learning and teaching shall be guaranteed in accordance with conditions determined by law.

Primary education is compulsory. It is free in public schools.

The conditions for free primary education in schools subsidised by the Government are determined by an organic law.

The State has the duty to take special measures to facilitate the education of disabled people.

An organic law determines the organization of Education.

EQUALITY

Preamble - We, the People of Rwanda,

10. Committed to ensuring equal rights between Rwandans and between women and men without prejudice to the principles of gender equality and complementarity in national development;

11. Determined to develop human resources, to fight ignorance, to promote technological advancement and the social welfare of the people of Rwanda;

Chapter two – Fundamental Principles

Article 9

The State of Rwanda commits itself to conform to the following fundamental principles and to promote and enforce the respect thereof:

3.building a state governed by the rule of law, a pluralistic democratic government, equality of all Rwandans and between women and men reflected by ensuring that women are granted at least thirty per cent of posts in decision making organs;

4.building a State committed to promoting social welfare and establishing appropriate mechanisms for ensuring social justice;

Chapter one – Fundamental Human Rights

Article 10

The human person is sacred and inviolable.

The State and all public administration organs have the absolute obligation to respect, protect and defend him or her.

Article 11

All Rwandans are born and remain free and equal in rights and duties.

Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by law.

Article 16

All human beings are equal before the law. They shall enjoy, without any discrimination, equal protection of the law.

Chapter II: The Rights and Duties of the Citizen

Article 45

(..) All citizens have the right of equal access to public service in accordance with their competence and abilities.

Article 46

Every citizen has the duty to relate to other persons without discrimination and to maintain relations conducive to safeguarding, promoting and reinforcing mutual respect, solidarity and tolerance.

VULNURABLE GROUPS

Chapter one – Fundamental Human Rights

Article 14

The State shall, within the limits of its capacity, take special measures for the welfare of the survivors of genocide who were rendered destitute by the genocide committed in Rwanda from October 1st, 1990 to December 31st, 1994, the disabled, the indigent and the elderly as well as other vulnerable groups.

LAUNGUAGE

Chapter I: General Provisions

Article 5

The national language is Kinyarwanda. The official languages are Kinyarwanda, French and English.

RELIGION

Chapter one – Fundamental Human Rights

Article 33

Freedom of thought, opinion, conscience, religion, worship and the public manifestation thereof is guaranteed by the State in accordance with conditions determined by law.

Propagation of ethnic, regional, racial or discrimination or any other form of division is punishable by law.

PARENTS and CHILDREN

Chapter one – Fundamental Human Rights

Article 27

The family, which is the natural foundation of Rwandan society, is protected by the State.

Both parents have the right and duty to bring up their children.

The State shall put in place appropriate legislation and institutions for the protection of the family and the mother and child in particular in order to ensure that the family flourishes.

Article 28

Every child is entitled to special measures of protection by his or her family, society and the State that are necessary, depending on the status of the child, under national and international law.

HUMAN RIGHTS INSTRUMENTS

Preamble - We, the People of Rwanda,

6. Resolved to build a State governed by the rule of law, based on respect for fundamental human rights, pluralistic democracy, equitable power sharing, tolerance and resolution of issues through dialogue;

9. Reaffirming our adherence to the principles of human rights enshrined in the United Nations Charter of 26 June 1945, the Convention on the Prevention and Punishment of the crime of Genocide of 9 December 1948, the Universal Declaration of Human Rights of 10 December 1948, the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the International Convention on Civil and Political Rights of 19 December 1966, the International Covenant on Economic, Social and Cultural Rights of 19 December 1966, the Convention on the Elimination of all Forms of Discrimination against Women of 1 May 1980, the African Charter of Human and Peoples’ Rights of 27 June 1981 and the Convention on the Rights of the Child of 20 November 1989 ;

HUMAN RIGHTS INSTITUTIONS

Chapter II: The National Commission for Human Rights

Article 177

The National Commission for Human Rights shall be an independent national institution. Its responsibilities shall include the following:

1.educating and mobilizing the population on matters relating to human rights;

2.examining the violations of human rights committed on Rwandan territory by State organs, public officials using their duties as cover, by organizations and by individuals;

3.carrying out investigations of human rights abuses in Rwanda and filing complaints in respect thereof with the competent courts;

4.preparing and disseminating an annual and other reports as may be necessary on the situation of human rights in Rwanda;

The National Commission for Human Rights submits each year its program and activity report to the Parliament and provides copies thereof to such State organs as may be determined by a law.

A law shall determine matters relating to the organization and the functioning of the Commission.

Chapter III: The National Unity and Reconciliation Commission

Article 178

The National Unity and Reconciliation Commission is an independent national institution. Its responsibilities include particularly the following:

1.preparing and coordinating the national programme for the promotion of national unity and reconciliation;

2.putting in place and developing ways and means to restore and consolidate unity and reconciliation among Rwandans;

3.educating and mobilizing the population on matters relating to national unity and reconciliation;

4.carrying out research, organizing debates, disseminating ideas and making publications relating to peace, national unity and reconciliation;

5.making proposals on measures that can eradicate divisions among Rwandans and to reinforce national unity and reconciliation;

6.denouncing and fighting against acts, writings and utterances which are intended to promote any kind of discrimination, intolerance or xenophobia;

7.making an annual report and such other reports as may be necessary on the situation of national unity and reconciliation.

The National Unity and Reconciliation Commission shall submit each year its program and activity report to the President of the Republic and the Senate and provide a copy thereof to such other State organs as may be determined by law.

An organic law shall determine the organization and functioning of the Commission.

Chapter VII: The Office of the Ombudsman

Article 182

The Office of the Ombudsman shall be an independent public institution.

Its responsibilities shall include the following:

1.acting as a link between the citizen and public and private institutions ;

2.preventing and fighting against injustice, corruption and other related offences in public and private administration;

3.receiving and examining, in the aforementioned context, complaints from individuals and independent associations against the acts of public officials or organs, and private institutions and to mobilise these officials and institutions in order to find solutions to such complaints if they are well founded.

The Office shall not involve itself in the investigation or adjudication relating to matters which are subjudice except that it may submit to the courts or the prosecution service the complaints which it has received, in which case those organs are required to respond to the office.

4.receiving the faithful declaration of assets of the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court, the Prime Minister and other members of the Cabinet upon taking up and on leaving office.

The Office of Ombudsman shall submit each year its program and activity report to the President of the Republic and to Parliament and submit copies thereof to other State organs determined by law.

The law shall determine the organization and functioning of the Office.

Chapter IX: The Gender Monitoring Office

Article 185

The Gender Monitoring Office shall be an independent public institution whose responsibilities include the following:

1.to monitor and supervise on a permanent basis compliance with gender indicators of the programme for ensuring gender equality and complementality in the context of the vision of sustainable development and to serve as a reference point on matters relating to gender equality and non discrimination for equal opportunity and fairness;

2.to submit to various organs recommendations relating to the program for the promotion of gender equality and complementality for national development.

The gender Monitoring Office shall submit each year its program and activity report to the Cabinet and submits copies thereof to other State organs determined by law.

The law shall determine its functions, organization and operation.