Rwanda: Law No. 03/99 of 1999 establishing the National Unity and Reconciliation Commission
- Document source:
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Date:
12 March 1999
We, Pasteur BIZIMUNGU,
President of the Republic,
THE TRANSITIONAL NATIONAL ASSEMBLY HAD ADOPTED AND WE SANCTION, PROMULGATE THE LAW AS FOLLOWS AND WE ORDER THAT IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA.
The Transitional National Assembly meeting in its session of January 19, 1999;
Given the Fundamental Law, especially the Constitution of June 10, 1991 in article 69, the Arusha Peace Agreement on Power Sharing in articles 6-d, 23, 24, 40, 72, 73, 80, 81, 82, 83 and 88 and articles 1, 2, 3, 4 of the Protocol of Agreement on the Rule of law, and articles 3, 4 and 8 of the R.P.F Declaration of July 17, 1994 related to the setting of Institutions;
Considering that the National Unity and Reconciliation Commission called for in article 24 of the Protocol of Agreement on Power sharing is of paramount importance in achieving the objectives of unity and reconciliation of Rwandan people assigned to the Government of National Unity;
Considering that Rwanda has in the past experienced prolonged periods of corrupt and repressive regimes which made «divide and rule» the principle of government;
Considering that such bad governance based on the discrimination among and the division of the Rwandese has led to massive Human Rights violations culminating into the 1994 genocide which started from October 01, 1990;
Considering that unity and reconciliation of the Rwandan people is a prerequisite for lasting peace, security, respect of Human Rights and development which are foundations for rebuilding Rwanda;
ADOPTS:
Article One:
A Commission is hereby established to be known as the National Unity and Reconciliation Commission hereafter referred to as the «Commission».
The Commission has an established Head Office in Kigali, the Capital City of Rwanda. The Commission may establish branch offices.
Article 2:
The Commission is established for an unspecified period.
Article 3:
The functions of the Commission generally are:
(i) to organise and oversee National Public debates aimed at promoting National Unity and reconciliation of Rwandese;
(ii) to use all possible means that could sensitize Rwandese on Unity and to lay it on a firm foundation;
(iii) to conceive and disseminate ideas and initiatives aimed at promoting peace among Rwandese and to inculcate the culture of national Unity and reconciliation;
(iv) to denounce any written or declared ideas and actions aimed at, or based on disunity;
(v) to prepare and coordinate the country's programme for promoting national unity and reconciliation;
(vi) to educate Rwandese on their rights, the rights of others and to build among them the culture of always respecting one another's rights.
(vii) to give their views to the commissions charged with the responsibility of drafting laws that will foster unity and reconciliation among Rwandese and fight against disunity;
(viii) to monitor closely whether government organs respect and observe the policy of national unity and reconciliation among Rwandese;
(ix) to monitor whether the political parties, leaders and all the people in general do respect and observe the policy of national unity and reconciliation.
Article 4:
The Commission consists of 12 members. They shall be adult Rwandese having at least 21 years of age known for their moral integrity, good behavior and competence.
The members of the Commission are appointed by a Presidential order on the advice of the Cabinet.
The members of the Commission are appointed for a term of three (3) years, renewable, but may be replaced at anytime by the President of the Republic for the reasons set out in article 12 of this law.
Members of the Commission can practise other remunerating activities.
Article 5:
The Commission has a Permanent Secretariat based in the Office of the President of the Republic and headed by an Executive Secretary with a rank of a Minister of State. The Executive Secretary will be appointed by a Presidential order.
The Executive Secretary serves as the Secretary of the Commission. He is responsible for the day-to-day conduct of the affairs of the Commission and shall submit regular reports to the Commission.
Article 6:
The Executive Committee of the Commission is composed of the following officers:
- a President;
- a Vice-President;
- a Secretary, who is the Executive Secretary of the Permanent Secretariat provided for in article 5 of this law.
The President and the Vice-President of the Commission are appointed by the President of the Republic on the advice of the Cabinet.
The President of the Commission has supervision over and the direction of the Commission and shall preside over meetings of the Commission.
In the event of the absence or incapacity of the President of the Commission or temporarily if that office is vacant, the Vice-President will exercise all the powers, duties and functions of the President of the Commission.
In the event of the absence or incapacity of the President, the latter is replaced by the Vice-President or if those offices are vacant, all the power, duties and functions of the president may be exercised or performed by the member with the most seniority in age.
Article 7:
The Commission prepares its own internal regulations, setting out, in particular, its structure and its operations.
Article 8:
The Commission appoints, with the approval of the Cabinet, such officers and employees as are necessary for the conduct of its work.
Article 9:
The budget of the Commission is paid out of the ordinary budget of the State, and out of gifts, and bequeaths. The Commission prepares its own draft budget. The Auditor General of the Government audits the accounts of the Commission.
Article 10:
The Commission submits its report to the President of the Republic with a copy to the Government, the Parliament and the Supreme Court. The first report is submitted in July and the annual report in January. It may also submit a report whenever necessary.
The Public Accounts Court verifies that the financial report included in the annual report is exact and true.
Article 11:
The Cabinet determines the allowances of the members of the Commission.
Article 12:
The functions of the members of the Commission terminate when:
- they die or submit their resignation to and it is accepted by the President of the Republic;
- they fail to execute their duties or fail to act in accordance with the criteria on which their appointment was based. In this case they are removed by the Government and the President of the Republic signs the dismissal order;
Article 13:
Where the functions of a member of the Commission are terminated, the vacancy is filled within 3 months in accordance with the conditions set out in article 4 of this law. However, where less than half the members of the Commission remain in office, all the vacancies shall be filled within 60 days.
Article 14:
The Prime Minister and Minster of Justice are responsible for the implementation of this law.
Article 15:
All previous provisions contrary to this law are abrogated.
Article 16:
This law comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
Kigali, 12/03/1999
Pasteur BIZIMUNGU
President of the Republic
(sé)
Pierre Célestin RWIGEMA
Prime Minister
(sé)
Jean de Dieu MUCYO
Minister of Justice
(sé)
Seen and sealed with the Seal of the Republic:
Minister of Justice
Jean de Dieu MUCYO
(sé)
French
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