Rwanda: Presidential Order No. 26/01 of 1997 Establishing the National Human Rights Commission
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1 December 1997 |
| Other Languages / Attachments | French |
| Cite as | National Legislative Bodies / National Authorities, Rwanda: Presidential Order No. 26/01 of 1997 Establishing the National Human Rights Commission, 1 December 1997, available at: https://www.refworld.org/docid/3ae6b51b4.html [accessed 27 May 2023] |
| Comments | This is the official text as published in the Official Gazette of the Republic of Rwanda, No. 23 of 1 December 1997. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
We, Pasteur BIZIMUNGU,
President of the Republic,
Given the Fundamental Law of the Republic of Rwanda especially articles 4, 9 and 16 of the Arusha Peace Agreement on power sharing, signed on 30th October 1992; and articles 14 and 15 of the Protocol of Agreement on the Rule of Law signed on 18th August 1992;
On advice from the Cabinet in its meeting of 9th May 1995 and 3rd October 1997;
HAVE ORDERED AND ORDER:
Article one:
A National Human Rights Commission hereafter referred to as the "Commission" is hereby established.
The Commission will have its head office in Kigali, the Capital of Rwanda.
However on agreement by the majority of its members, it may establish such branch offices as it considers necessary to carry out its duties and functions.
Article 2:
The Commission is independent. It is established for an unspecified period.
Article 3:
In general the Commission has as an objective to check on human rights violations committed by anyone on Rwandese territory, especially state organs and individuals under the cover of the State, as well as any national or international organisation working in Rwanda, when it is apparent that the relevant organs have not done much to check on those violations.
Article 4:
In particular the functions of the Commission shall be:
-To sensitise and train the Rwandese population in matters of human rights;
-To eventually initiate judicial proceedings in case of human rights violations by anyone;
-To give reports on all detected cases of violations of human rights to the Office of the President of the Republic, the Government, the National Assembly and the Supreme Court.
Article 5:
The investigations of the Commission are unlimited in time in order to shed light on and punish within the limits of the law past and present cases of human rights violations.
Article 6:
The budget of the Commission is paid out of the ordinary budget of the State and donations. The Commission prepares its own draft budget.
Article 7:
Within three months following the end of the calendar year, the Commission shall send its annual report of activities to the Office of the President of the Republic with a copy each to the Government, the National Assembly and the Supreme Court.
The Public Accounts Court shall verify that the financial report included in the annual report is true and correct.
Article 8:
The Commission shall consist of 7 members of Rwandese nationality known for their morality, honesty, integrity and competence.
The members of the Commission are chosen by the National Assembly out of 10 candidates nominated by the Government. They will serve a three year term which can be renewable. The President of the Republic proceeds to the signature of the appointment bills of the members of the Commission.
Article 9:
The President and the Vice-President of the Commission have the rank of Secretary General in the Ministries whilst the other members have the rank of Director.
As far as they remain in their functions, the members of the Commission cannot practise other remunerating activities.
Article 10:
The Commission elects its President and Vice-President who is at the same time the secretary to the Commission. The Commission shall prepare its own bylaws.
Article 11:
The Commission has a permanent secretariat. The Government puts at its disposal necessary premises for its functioning.
Article 12:
The dismissal of one or several members of the Commission occurs at the initiative either of the President of the Republic, the Government or of 1/2 of the Members of Parliament at the National Assembly.
It is passed by the National Assembly by the absolute majority of its members. The President of the Republic signs the dismissal bills of the members of the Commission.
Article 13:
The dismissal of one or several Commission members can also occur:
-In case of death or resignation presented by the concerned to the President of the Republic;
-In case of inefficiency in the achievement of the mission or for behaviour contrary to the criteria used in selecting the members.
-In case of established involvement in human rights violations.
Article 14:
In case of dismissal of a member of the Commission, his replacement is provided under the same conditions as for his appointment within a period of 6 months. However, when the number of the members of the Commission is reduced to less than half, the Commission will be reconstituted within 90 days. The Government presents to the National Assembly 2 candidates per post within a period of 60 days.
The National Assembly chooses and confirms one candidate per post.
A post is declared vacant by the President of the Republic who informs both the Government and the National Assembly.
Article 15:
This order comes into force on the date it is published in the Official Gazette of the Republic of Rwanda.
Kigali, 11.11.1997
Pasteur BIZIMUNGU
President of the Republic
(sé)
Pierre Célestin RWIGEMA
Prime Minister
(sé)
Doctor Donald KABERUKA
Minister of Finance and
Economic Planning
(sé)
Doctor Faustin NTEZILYAYO
Minister of Justice
(sé)
Seen and sealed with the Seal of the Republic
Doctor Faustin NTEZILYAYO
Minister of Justice
(sé)
