RWANDA
Republic of Rwanda
Republika y'u Rwanda
Joined United Nations:  18 September 1962
Human Rights as assured by their constitution
Updated 14 October 2012
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:
1° fighting the ideology of genocide and all its manifestations;
2° eradication of ethnic, regional and other divisions and promotion of national unity;
3° equitable sharing of power;
4° 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;
5° building a State committed to promoting social welfare and establishing appropriate mechanisms for ensuring social justice;
6° the constant quest for solutions through dialogue and consensus.




TITLE II-
FUNDAMENTAL HUMAN RIGHTS AND THE RIGHTS AND
DUTIES OF THE CITIZEN


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 12
Every person has the right to life. No person shall be arbitrarily deprived of life.

Article 13
The crime of genocide, crimes against humanity and war crimes do not have a period of limitation.
Revisionism, negationism and trivialisation of genocide are punishable by the law.

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.

Article 15
Every person has the right to physical and mental integrity.
No person shall be subjected to torture, physical abuse or cruel, inhuman or degrading treatment.
No one shall be subjected to experimentation without his or her informed consent. The modalities of such consent and experiments
are determined by law.

Article 16
All human beings are equal before the law. They shall enjoy, without any discrimination, equal protection of the law.

Article 17
Criminal liability is personal. Civil liability is determined by law.
No one shall be imprisoned on the ground of inability to fulfil obligations arising from civil or commercial laws.

Article 18
The person's liberty is guaranteed by the State.
No one shall be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not
constitute a crime under the law in force at the time it was committed.
The right to be informed of the nature and cause of charges and the right to defence are absolute at all levels and degrees of
proceedings before administrative, judicial and all other decision making organs.

Article 19
Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with
the law in a public and fair hearing in which all the necessary guarantees for defence have been made available.
Nobody shall be denied the right to appear before a judge competent by law to hear his or her case.

Article 20
Nobody shall be punished for acts or omissions that did not constitute an offence under national or international law at the time of
commission or omission.
Neither shall any person be punished with a penalty which is heavier than the one that was applicable under the law at the time
when the offence was committed.

Article 21
No person shall be subjected to security measures except as provided for by law, for reasons of public order and State security.

Article 22
The private life, family, home or correspondence of a person shall not be subjected to arbitrary interference; his or her honour and
good reputation shall be respected.
A person’s home is inviolable. No search of or entry into a home may be carried out without the consent of the owner, except in
circumstances and in accordance with procedures determined by law.
Confidentiality of correspondence and communication shall not be subject to waiver except in circumstances and in accordance
with procedures determined by law.  

Article 23
Every Rwandan has the right to move and to circulate freely and to settle anywhere in Rwanda.
Every Rwandan has the right to leave and to return to the country.
These rights shall be restricted only by the law for reasons of public order or State security, in order to deal with a public menace
or to protect persons in danger.

Article 24
Every Rwandan has the right to his or her country.
No Rwandan shall be banished from the country.

Article 25
The right to asylum is recognized under conditions determined by the law.
The extradition of foreigners shall be permitted only so far as it is consistent with the law or international conventions to which
Rwanda is a party.
However, no Rwandan shall be extradited.

Article 26
Only civil monogamous marriage between a man and a woman is recognized.
No person may be married without his or her free consent.
Parties to a marriage have equal rights and duties upon and during the subsistence of a marriage and at the time of divorce.
The law determines conditions, forms and effect of marriage.

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.

Article 29
Every person has a right to private property, whether personal or owned in association with others.
Private property, whether individually or collectively owned, is inviolable.
The right to property may not be interfered with except in public interest, in circumstances and procedures determined by law and
subject to fair and prior compensation.

Article 30
Private ownership of land and other rights related to land are granted by the State.
The law specifies the modalities of acquisition, transfer and use of land.

Article 31
The property of the State comprises of public and private property of the central Government as well as the public and private
property of decentralized local government organs.
The public property of the State is inalienable unless there has been prior transfer thereof to the private property of the State.

Article 32
Every person shall respect public property.
Any act intended to cause sabotage, vandalism, corruption, embezzlement, squandering or any tampering with public property shall
be punishable by law.

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.

Article 34
Freedom of the press and freedom of information are recognized and guaranteed by the State.
Freedom of speech and freedom of information shall not prejudice public order and good morals, the right of every citizen to
honour, good reputation and the privacy of personal and family life. It is also guaranteed so long as it does not prejudice the
protection of the youth and minors.
The conditions for exercising such freedoms are determined by law.
There is hereby established an independent institution known as the “High Council of the Press».
The law shall determine its functions, organization and operation.

Article 35
Freedom of association is guaranteed and shall not require prior authorization.
Such freedom shall be exercised under conditions determined by law.

Article 36
Freedom of peaceful assembly without arms is guaranteed if it is not inconsistent with the law.
Prior authorization shall only be necessary if the law so requires and solely in the case of assembly in the open air, in a public place
or on a public road, to the extent that such is necessary in the interests of public safety, public health or public order.

Article 37
Every person has the right to free choice of employment.
Persons with the same competence and ability have a right to equal pay for equal work without discrimination.

Article 38
The right to form trade unions for the defence and the promotion of legitimate professional interests, is recognized.
Any worker may defend his or her rights through trade union action under conditions determined by law.
Every employer has the right to join an employers’ organization.
Trade unions and employers’ associations have the right to enter into general or specific agreements regulating their working
relations. The modalities for making these agreements are determined  by law.

Article 39
The right of workers' to strike is permitted and shall be exercised within the limits provided for by the law, but the exercising of this
right should not interfere with the freedom to work which is guaranteed for every individual.

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.

Article 41
All citizens have the right and duties relating to health. The State has the duty of mobilizing the population for activities aimed at
promoting good health and to assist in the implementation of these activities.

Article 42
Every foreigner legally residing in the Republic of Rwanda shall enjoy all rights save those reserved for nationals as determined
under this Constitution and other laws.

Article 43
In the exercise of rights and enjoyment of freedoms, every person shall only be subjected to the limitations set by the law in order
to ensure the recognition and respect of others’ rights and freedoms, good morals, public order and social welfare which
characterize a democratic society.

Article 44
The judiciary as the guardian of rights and freedoms of the public ensures respect thereof in accordance with procedures
determined by law.


CHAPTER TWO- THE RIGHTS AND DUTIES OF THE CITIZEN


Article 45
All citizens have the right to participate in the government of the country, whether directly or through freely chosen representatives
in accordance with the law.
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.

Article 47
All citizens have the duty to participate, through work, in the development of the country; to safeguard peace, democracy, social
justice and equality and to participate in the defence of the motherland.
The law shall organize national service, whether civil or military.

Article 48
In all circumstances, every citizen, whether civilian or military, has the duty to respect the Constitution, other laws and regulations
of the country.
Every citizen has the right to defy orders received from his or her superior authority if the orders constitute a serious and manifest
violation of human rights and public freedoms.

Article 49
Every citizen is entitled to a healthy and satisfying environment.
Every person has the duty to protect, safeguard and promote the environment. The State shall protect the environment.
The law determines the modalities for protecting, safeguarding and promoting the environment.

Article 50
Every citizen has the right to activities that promote national culture.
There is hereby established the Rwanda Academy of Language and Culture.
The law shall determine its functions, organization and operation.

Article 51
The State has the duty to safeguard and to promote positive values based on cultural traditions and practices so long as they do
not conflict with human rights, public order and good morals. The State equally has the duty to preserve the national cultural
heritage as well as genocide memorials and sites.



TITLE III-
POLITICAL ORGANIZATIONS


Article 52
A multi-party system of government is recognized.
Political organizations fulfilling the conditions required by law are permitted to be formed and to operate freely; they must abide by
the Constitution and other laws as well as democratic principles and they should not destabilise national unity, territorial integrity
and security of the nation.
Political organizations participate in the education of citizens on politics based on democracy and elections and operate in such a
manner as to ensure that women and men have equal access to elective offices.
The leadership organs of political organizations shall only maintain offices at the national, provincial and Kigali City levels.

Article 53
Rwandans are free to join political organizations of their choice or not to join them.
No Rwandan shall be subjected to discrimination by reason of membership of a given political organization or on account of not
belonging to any political organization.

Article 54
Political organizations are prohibited from basing themselves on race, ethnic group, tribe, clan, region, sex, religion or any other
division which may give rise to discrimination.
Political organizations must constantly reflect the unity of the people of Rwanda and gender equality and complementality, whether
in the recruitment of members, putting in place organs of leadership and in their operations and activities.

Article 55
The Senate may lodge a complaint against a political organization which has grossly violated the obligations contained in the
provisions of Articles 52, 53 and 54 of this Constitution with the High Court of the Republic. In case of appeal, the appeal is heard
by the Supreme Court.
Depending on the gravity of the violation proved, the High Court of the Republic may, without prejudice to criminal prosecution,
impose any of the following sanctions against the political organization found guilty of the violation:
1° formal warning;
2° suspension of activities for a period not exceeding two years;
3° suspension of activities for the whole Parliamentary term;
4° dissolution.
In the event that the final decision of the court of last instance is the sanction of dissolution of a political organization, the Members
of the Chamber of Deputies elected on the ticket of the dissolved political organization shall automatically lose their parliamentary
seats.
By-elections are held to replace Deputies of the dissolved political organization if the remaining    period of their mandate is more
than one year.

Article 56
Without prejudice to the independence of each political organization and their collaboration, political organizations officially
recognized in Rwanda shall organize themselves in a consultative forum.
The forum is mainly responsible for:
1° facilitating exchange of ideas by political organizations on major issues facing the country;
2° consolidating national unity;
3° advising on national policy;
4° acting as mediators in conflicts arising between political organizations;
5° assisting in resolving internal conflicts within a political organization upon request by that political organization.
The forum's decisions shall always be taken by the consensus of the constituent organizations.

Article 57
Political organizations which are duly registered shall be given grants by the State.
An organic law shall determine the modalities for the establishment of political organizations, their functioning, the conduct of their
leaders, the manner in which they shall receive state grants as well as the organization and functioning of the Forum of Political
organizations.

Article 58
The President of the Republic and the Speaker of the Chamber of Deputies shall belong to different political organizations.

Article 59
Judges, prosecutors as well as members of the armed forces, police and National Security Service shall not be permitted to be
members of political organizations.
Other public servants and employees of public enterprises and parastatal organizations may join political organizations but shall not
be permitted to take up  senior leadership positions of political organizations as specified by an organic law.
The Kingdom of Rwanda came under the influence of German and Belgian colonial influence
following an 1890 conference in Belgium. Tutsi dominance took shape during the German
colonial period as a result of Europe's fascination with the pseudo-science of eugenics.
During World War I Belgium received the assistance of Britain to wrest control of Rwanda
from Germany  who took great losses and was forced to retreat from the region.  The League
of Nations  mandated Rwanda and southern neighbor Burundi into the new  territory of
Ruanda-Urundi to be administered by Belgium. The Belgians asserted more direct control of
the colony, insisting they turn a profit for Belgium.  The racial divide between Hutu and Tutsi
became more distinct as Tutsis were elevated in society by both the Belgians and the
Catholic Church, as they were believed to be more intelligent.  Conflict was further amplified
by a mandate that all citizens carry cards identifying their race. The refusal by King Yuhi
Musinga to accept baptism led to his exile and elevation of his son Mutara Rudahigwa who
took the name Charles and promoted only Catholic Tutsis. Following World War II, Rwanda
became a UN Trust with Belgium granted administrative authority. With the spread of
democracy, many traditionalist Tutsis resisted Charles' attempts to elevate Hutu status and
reforms  which led to his assassination in 1959. Belgium now sided with the Hutu, sparking a
revolt that overthrew the last Tutsi king in the Rwandan Revolution, touching off a genocide
where between 20,000 and 100,000 Tutsis were murdered and 150,000 accepted exile in
Burundi. In 1960, an overwhelming number of the population expressed an interest in
becoming a republic. A constitution was adopted  along with the first election of the
Rwandese Republic.  On 1 July 1962, Rwanda received its independence from Belgium.
Quotas were established to further marginalize the Tutsi minority, but friendly relations with
the Cold War West drowned out calls for intervention. A military dictatorship ensued on 1
July 1973 and a new Constitution was adopted on 1 December 1978 which reinstilled
democracy though Tutsi marginalization continued.  Children of the Tutsi exiles began to
demand the right of return and on 1 October 1990, the Rwandan Patriotic Front invaded
Rwanda from their base in Uganda. Historic fears by Hutus that Tutsis were attempting to
regain power prodded President Habyarimana to institute genocide polices and adopted a
new constitution on 30 May 1991. On April 6, 1994, the airplane carrying President
Habyarimana and Cyprien Ntaryamira, the President of Burundi, was shot down as it
prepared to land at Kigali. This immediately touched off a genocide of Tutsis and moderate
Hutus that led to the murder of  937,000  in 100 days of inaction by the rest of the world. The
Tutsi rebel diaspora, under Paul Kagame,  defeated the Hutu regime and ended the genocide
in July 1994, followed by a wave of Tutsi repatriation. A new constitution was adopted on 20
May 2003 that eliminated any reference to race.  The following is the extract of those
amendments specifically pertaining to human rights.  For a full English translation of
Rwanda's constitution, click
here.
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