Rwanda: Presidential Order No. 25/01 of 1997 Establishing the Rwanda National Unity and Reconciliation Commission

We, Pasteur BIZIMUNGU,

President of the Republic,

Considering that Rwanda has in times past experienced prolonged periods of corrupt and repressive governments;

Considering that such bad governance has given rise to grave social, economic and political injustices afflicting our society, and such persistent injustice has consistently undermined solidarity and unity between the Rwandese;

Considering that the divisions in Rwandese society have periodically led to human rights violations on a massive scale, culminating in the genocide of 1994;

Considering that reconciliation of the Rwandese people is a prerequisite for peace, stability and development;

Given the Fundamental Law of the Republic of Rwanda especially articles 4, 9, 16 and 24 of the Arusha Peace Agreement on power sharing, signed on 30^th October 1992;

On advice from the Cabinet in its meeting of 24/01/1997 and 03/10/1997;

HAVE ORDERED AND ORDER:

Article one:

A Commission is hereby established to be known as the Rwanda National Unity and Reconciliation Commission hereafter referred to as the "Commission".

The Commission shall have ordinary head office in Kigali, the capital of Rwanda.

The Commission may establish such branch offices as it considers necessary to carry out its duties and functions.

Article 2:

The Permanent Secretariat shall be headed by a Chief executive officer who will be appointed by a Presidential order on advice of the Cabinet and also serve as the Secretary to the Commission.

The Chief Executive Officer shall be responsible for the day-to-day conduct of the affairs of the Commission.

The Chief Executive Officer shall report to the Commission.

The Commission shall have a permanent Secretariat based in the Office of the President of the Republic.

Article 3:

The Commission may appoint such officers and employees as are necessary for the conduct of its work, with the approval of the Cabinet.

Article 4:

The Commission is established for an unspecified period.

Article 5:

The functions of the Commission shall generally be:

(i)to use all means possible that could sensitise Rwandese on national unity;

(ii)to look for and disseminate information aimed at mobilising Rwandese of all levels on national unity and to lay a firm foundation for a culture of reconciliation among them;

(iii)to fight all sorts of sectarianism and divisionism;

(iv)to prepare and coordinate the country's programme for promoting national unity and reconciliation;

(v)to sensitize Rwandese on their rights, to respect other peoples' rights and to build among them a culture of always fighting for their rights.

Article 6:

The Commission shall consist of 12 members. They shall be Rwandese, at least 35 years of age and known for their moral integrity and competence.

The members of the Commission shall be appointed by a Presidential order on advice of the Cabinet.

The members of the Commission shall be appointed for a term of three years, as long as their conduct remains good, but may be replaced at anytime by the President of the Republic on advice by the Cabinet.

A member of the Commission is eligible to be re-appointed in the same or another capacity.

The President of the Republic shall sign the appointment or termination of the mandate of the members of the Commission.

Article 7:

The Commission shall have the following officers:

-a President;

-a Vice-President;

-a Secretary, who shall be the Chief Executive Officer of the Permanent Secretariat provided for in article 2 of this order.

The President and the Vice-President of the Commission shall be appointed by the President of the Republic on the advice of the Cabinet.

The President of the Commission shall have 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 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 and 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 as such.

Article 8:

The functions of the members of the Commission are terminated particularly when:

-they die or submit their resignation to the President of the Republic;

-they are removed by the President of the Republic;

-they fail to execute their duties or fail to act in accordance with criteria on which their appointment was based.

Article 9:

Where the functions of a member of the Commission are terminated, the vacancy is filled within 3 months in accordance with the conditions that applied to the initial appointment.

(however, where less than half the members of the Commission remain in office, all the vacancies shall be filled within ninety days).

Article 10:

The budget of the Commission is paid out of the ordinary budget of the State, and out of gifts, and bequeaths.

Article 11:

Within three months following the end of the calendar year, the Commission shall send its annual report to the President of the Republic.

The Public Account Court shall verify that the financial report included in the annual report is true and correct.

Article 12:

The Commission shall prepare its own bye-laws.

Article 13:

The Cabinet shall determine the allowances of the members of the Commission.

Article 14:

The Prime Minister and the Minister of Interior, Communal Development and Resettlement are responsible for the implementation of this order.

Article 14 bis

The President decree is written in the three official languages of the Republic of Rwanda, the text in Kinyarwanda being considered as the original.

(inserted by Article 2 of the Presidential Decree No. 25/01 of 28 October 1997)

Article 15:

[deleted by Article 1 of the Presidential Decree No. 25/01 of 28 October 1997]

Article 16:

This order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

Kigali, 20.10.1997.

Pasteur BIZIMUNGU
President of the Republic
(sé)

Pierre Célestin RWIGEMA
Primer Minister
(sé)

Sheikh Abdul Karim HARERIMANA
Minister of Interior, Communal
Development and Resettlement
(sé)

Seen and sealed with the Seal of the Republic

Dr. Faustin NTEZILYAYO
Minister of Justice
s(sé)