Powersharing Transitional Government: Arusha Accord - 4 August 1993

Article 1

The two parties reaffirm the acceptance of the principle of power-sharing within the framework of a Broad-Based Transitional Government, in conformity with Article V.3. of the N'sele Ceasefire Agreement, as amended at GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992. The modalities of implementation of this principle are the object of the present Protocol of Agreement on Power-sharing.

Article 2

The two parties agree that those modalities shall consist of:

(a) the maintenance of the current structure of the Coalition Government with appropriate adjustments to be mutually agreed upon in this Protocol, with a view to making room for the participation of the RPF and other political forces in the country;

(b) appropriate adjustments to be mutually agreed upon in this Protocol, to be made at the level of the State powers with a view to enabling the RPF and other political forces in the country to participate in and make for the efficient management of the transition, in compliance principle of separation of powers.

Chapter II: Transitional Institutions

Article 3

During the Transitional Period, the State institutions shall be:

(i) The Presidency of the Republic;

(ii) The Broad-Based Transitional Government;

(iii) The Transitional National Assembly;

(iv) The Institutions of the Judiciary.

Chapter III: The Executive Power

Article 4

The Executive power shall be exercised collectively through decisions taken in Cabinet meetings, by the President of the Republic and by the Government.

Article 6

The two parties agree on the appointment of Mr. TWAGIRAMUNGU Faustin as Prime Minister of the Broad-Based Transitional Government, in accordance with Articles 6 and 51 of the Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing within the framework of a Broad-Based Transitional Government.

Article 7

The Transitional Institutions shall be set up within thirty seven (37) days following the signing of the Peace Agreement.

Protocol of Agreement on Power-Sharing within the Framework of a Broad-Based Transitional Government between the Government of the Republic of Rwanda and the Rwandese Patriotic Front (9 January 1993)

Article 14

The political parties participating in the Coalition Government established on 16th April, 1992 as well as the Rwandese Patriotic Front shall have the responsibility to set up the Broad-Based Transitional Government. They shall decide, by consensus, on the other political formations which may participate in that Government.

Article 15

The Government shall be composed of the Prime Minister, the Deputy Prime Minister, Ministers and Secretaries of State.

Article 19

Legal acts by the Prime Minister shall be countersigned relevant Ministers and Secretaries of State.

Article 23

The Broad-based Transitional Government shall implement the programme comprising the following:

A. Democracy

1. Consolidate the democratic process by establishing the necessary mechanisms for the implementation of the provisions of the Protocol on the Rule of Law.

2. Prepare and organise general elections to be held at the end of the Transition Period.

Sub-Section 4:

Distribution of Ministerial Portfolios within the Broad-Based Transitional Government In accordance with the provisions of Article 14 of the Protocol of Agreement signed on 30th October, 1992, the numerical distribution of the portfolios among political forces called upon to participate in the Broad-Based Transitional Government shall be as follows:

MRND: 5 portfolios
RPF: 5 portfolios
MDR: 4 portfolios (including the post of Prime Minister)
PSD: 3 portfolios
PL: 3 portfolios
PDC: 1 portfolio

Article 56

Nominative distribution of portfolios shall be as follows:

MRND
1. Ministry of Defence;
2. Ministry of Higher Education, Scientific Research and Culture;
3. Ministry of Public Service;
4. Ministry of Planning;
5. Ministry of Family Affairs and Promotion of the Status of Women.

RPF
1. Ministry of Interior and Communal Development;
2. Ministry of Transport and Communications;
3. Ministry of Health;
4. Ministry of Youth and Associative Movement;
5. Secretariat of State for Rehabilitation and Social Integration.

MDR
1. Prime Minister;
2. Ministry of Foreign Affairs and Cooperation;
3. Ministry of Primary and Secondary Education;
4. Ministry of Information.

PSD
1. Ministry of Finance;
2. Ministry of Public works and Energy;
3. Ministry of Agriculture and Livestock Development.

PL
1. Ministry of Justice;
2. Ministry of Commerce, Industry and Cottage Industry;
3. Ministry of Labour and Social Affairs;
PDC: Ministry of Environment and Tourism

Article 57

The two parties further agree that:

- With reference to Article 5 of the Protocols of Agreement signed on 30th October, 1992, the Presidency of the Republic shall go to the MRND party;

- one of the holders of the five (5) ministries allocated to the RPF shall bear the title of Deputy Prime Minister in accordance with Article 20, paragraph 3 of the Protocol of Agreement signed on 30th October, 1992.

Article 58

In case one of the political forces called upon to participate in the Broad-based Transitional Government as provided for under Article 14 of the Protocol of Agreement signed on 30th October, 1992, defaults, the portfolios which had been allocated to that force shall be distributed among the remaining political forces. The possibility of opening to political forces other than those mentioned under Articles 55 and 56 above shall be agreed upon by consensus in accordance with Article 14 cited above.

Section 2: Transitional National Assembly

Article 60

The Transitional National Assembly shall, except in the case as provided for in Article 63 of this Protocol of Agreement, be normally composed of seventy (70) members called "Deputies to the Transitional National Assembly". The "Deputies" shall be appointed by their own political forces and their mandate shall cover the whole Transitional Period. The Transitional National Assembly shall make its own rules of procedure.

Article 61

All the political parties registered in Rwanda at the signing of this Protocol as well as the RPF shall be represented in the Transitional National Assembly, on condition that they adhere to and abide by the provisions of the Peace Agreement. To that effect, all these parties and the RPF should, prior to the establishment of the Broad-Based Transitional National Assembly and the Broad-Based Transitional Government, sign a Political Code of Ethics whose principles are spelt out in Article 80 of this Protocol.

Since the RPF and the political parties Participating in the current Coalition Government are automatically, directly or indirectly, bound as a result of the Protocol of Agreement on the Rule of Law signed by the two parties to the negotiations, the political parties which do not participate in the said Government should, from the time of the signing of the Protocol of Agreement on Power-Sharing, demonstrate their commitment to abide by the principles governing the Protocol of Agreement on the Rule of Law, to support the peace process and to avoid engaging in sectarian practices and in any form of violence. Such commitment shall constitute a prerequisite for their participation in the Transitional National Assembly and it is incumbent upon the two parties to the negotiations to see to it that such commitment is real.

Article 62

The numerical distribution of seats in the Transitional National Assembly among the political forces, subject to the implementation of the previous Article, shall be as follows:

MRND: 11 seats
RPF: 11 seats
MDR: 11 seats
PSD: 11 seats
PL: 11 seats
PDC: 4 seats

The other registered parties shall have one (1) seat each.

Article 63

a) The maximum number of members of the Transitional National Assembly shall become the total number of seats of the remaining political forces if, for one reason or another, one or several political forces do not participate in the forming of the Transitional National Assembly, or withdraw from that assembly, provided that the total number is not reduced to less than two-thirds of the number stipulated under Article 60 of this Protocol of Agreement.

b) If one or several political forces do not participate, or cease to participate in the Transitional National Assembly, and the number of Deputies falls below that stipulated in the above paragraph, the remaining political forces participating in the Transitional National Assembly shall consult and agree on the modalities for the composition of the new National Assembly.

Article 64

A "Deputy" may resign. In this case, his political party shall replace him in consultation with the Bureau of the Transitional National Assembly.

Section 5: Miscellaneous Provisions

Sub-Section 1: Modalities of Appointment within the Judiciary.

Article 84:

In order to maintain the independence of the Judiciary, posts in the Judiciary shall not be subjected to sharing among political forces. Therefore, applications for the posts of Presiding Judge and Deputy Presiding Judge of the Supreme Court, referred to under Article 30 of the Protocol of Agreement signed on 30th October, 1992, shall be considered without any reference to political parties, in order to better ensure the neutrality of magistrates.

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Miscellaneous Issues and Final Provisions (3 August 1993)

Article 22:

Duration of the Transition Period

The duration of the Transition period shall be twenty two (22) months, effective from the date of establishment of the Broad-Based Transitional Government, with the possibility of one (1) extension if warranted by exceptional circumstances impeding the normal implementation of the programme of the Broad-Based Transitional Government.

The length of the extension shall be determined by the Transitional National Assembly on the basis of a 3/5 majority vote. In this regard, the Broad-Based Transitional Government shall consider the need for an extension, three (3) months before the expiry of the Transition period, and shall make appropriate recommendations to the Transitional National Assembly, in consultation with third parties involved in the implementation of the Peace Agreement, namely the United Nations, the OAU and the Facilitator.

MRND: 11 seats
RPF: 11 seats
MDR: 11 seats
PSD: 11 seats
PL: 11 seats
PDC: 4 seats

Implementation History

1993

No Implementation

The peace process started with the signing of the N’sele Cease-fire Agreement of July 1992. In January 1993, RPF and the government signed the protocol agreement on power-sharing government. There was some effort in July 1993 to reach a consensus on power-sharing government, especially the position of the Prime Minister. In the Arusha Accords, the MDR was allocated the Prime Minister position, and they chose Faustin Twagiramungu as their PM candidate, but internal divisions within the party kept him from assuming office; he was opposed by a new hardline element of the MDR affiliated with Hutu Power. A power-sharing government was not established in 1993.

1994

Full Implementation

Even though power-sharing provisions were negotiated in the 1993 accord, the actual establishment of a power-sharing government stalled as the hard-line Hutus opposed any power-sharing with the minority Tutsis.1 Agathe Uwilingiyimana from MDR became prime minister on 18 July 1993 but was assassinated on 7 April 1994.

After genocidal events, the UNAMIR technical team sought the views of political and military leaders in the camps (in Zaire) regarding the conditions, involving exiled Hutu leadership in all negotiation processes, including a revival of acceptable elements of the Arusha Accord and its power-sharing provisions.2 In September, a power-sharing government was formed and late president Habyarimana's party was excluded.3 After taking over Rwanda, the RPF installed an “Enlarged Transitional Government” on 19-20 July 1994, which they claimed was based on the Arusha Accord. They did allocate positions to the MDR, PL, and PSD as dictated by the Arusha Accords, but they unilaterally excluded the MRND and assumed all of their posts rather than sharing them with the other parties.4 Extremist parties were rendered illegal and, therefore, not part of the power-sharing government. Other political parties were part of the power-sharing government but they were politically weak.5 According to the UN Secretary General’s report, a broad-based government of national unity was installed on 19 July 1994 and that government established control over the Rwandan territory.6

On 17 July 1994, the victorious rebels (RPF) made a declaration establishing inclusive government institutions and renouncing power-sharing with political parties and groups that organized and perpetrated genocide. From MDR, Faustin Twagiramungu was appointed prime minister on 19 July 1994. After the declaration, a protocol agreement between incumbent political forces (RPF, MDR, PDC, PDI, PL, PSD, PSR and UDPR) regarding the establishment of national institutions was signed on 14 November 1994.7

The July declaration and the November protocol agreement, as well as the power-sharing legislature that was loosely associated with the 1993 Arusha accord, were important in the formation of the national unity government.

The Government of National Unity outlined the following eight-point plan:

1. Reinforce a climate of peace and security.

2. Organize the central, prefectural, communal, sector and cell administration.

3. Restore and strengthen national unity.

4. Repatriate and settle of refugees.

5. Improve the people's living conditions and resolve those social problems which were a result of genocide, massacres and war (i.e. those of orphans, widows and the physically handicapped).

6. Re-launch the national economy.

7. Redefine the country's foreign policy.

8. Strengthen democracy in Rwanda.8

Accordingly, a power-sharing national assembly was established on 25 November 1994. Of the 70 seats in the National Assembly, the RPF had 19, MDR 13, PSD 13, PL 13, PDC 6, PSR 2, PDI 2, other 2.9 The RPF installed the Transitional National Assembly on 25 December 1994.

  • 1. "Only God Knows What Will Happen,' Child Cries", The Ottawa Citizen, May 11, 1994
  • 2. "Secretary General’s Report to the Security Council," United Nations (S/1994/1308), November 18, 1994
  • 3. "Some 2,000 Former Soldiers Train for Rwanda's New Military," Agence France Presse, October 15, 1994
  • 4. Timothy Longman, "Obstacles to peace building in Rwanda," Durable peace: Challenges for peacebuilding in Africa, ed. Taisier Ali and Robert O. Matthews, 61-85
  • 5. Rachel Hayman, "Going in the 'Right' Direction? Promotion of Democracy in Rwanda since 1990," Taiwan Journal of Democracy 5, no.1 (2009): 51-75
  • 6. "Secretary General’s Report to the Security Council," United Nations (S/1994/1133), October 6, 1994
  • 7. Wellars Gasamagera, "The Constitution Making Process in Rwanda, Lessons to Be Learnt," 2007, accessed September 13, 2011, http://unpan1.un.org/intradoc/groups/public/documents/un/unpan026620.pdf.
  • 8. "New Prime Minister Says He Will Continue With Government Programme", BBC Summary of World Broadcasts, September 4, 1995
  • 9. "The World Factbook- 1996," CIA, 1996,  accessed September 11, 2011, http://www.umsl.edu/services/govdocs/wofact96/211.htm.
1995

Full Implementation

On 31 August 1995, Pierre-Célestin Rwigema from MDR became prime minister. The power-sharing government which included Hutus and Tutsis was in place in September 1994, but the power-sharing situation remained precarious.10 The power-sharing government and legislature continued in 1995. As a matter of fact, a new government was named on August 31, 1995 after five Hutu ministers, including Prime Minister Twagiramungu, resigned in protest over their lack of real power. As agreed to in the Arusha accord, MDR received the Prime Minister position in the power-sharing government.

  • 10. "East Africa- Rwanda: Opposite Sides Of A Shaky Fence," IPS-Inter Press Service, October 9, 1995
1996

Full Implementation

The power-sharing legislature and government continued in 1996.

1997

Full Implementation

The power-sharing legislature and government continued in 1997. A new government was named on 28 March 1997.

1998

Full Implementation

The power-sharing legislature and government continued in 1998.

1999

Full Implementation

The power-sharing legislature and government continued in 1999. A new government was named on 10 February 1999.

2000

Full Implementation

The power-sharing legislature and government continued in 2000. The composition of the national assembly was rebalanced with RPF receiving 13 seats, MDR 13, PSD 13, PL 13, PDC six, RPA six , PSR two, PDI two, and two going to other parties.11 As agreed to in the accord, MDR received the Prime Minister position.

On 8 March 2000, Prime Minister Pierre-Celestin Rwigema resigned over charges of corruption and was replaced by Bertrand Makuza from the same political party (MRD).12 Paul Kagame, who had been vice president and minister of defense, assumed the presidency on March 24, 2000.13

2001

Full Implementation

The power-sharing legislature and government continued in 2001.

2002

Full Implementation

The power-sharing legislature and government continued in 2002

2003

Full Implementation

On 29 September 2003, elections for the National Assembly took place; the RPF won 40 seats, PSD seven, and PL six. The total number of seats in the National Assembly was only 53.14 This effectively ended power-sharing arrangements in the transitional legislature established by the Arusha Accord of 1993. Nevertheless, the power-sharing government remained in place since the moderate Hutu, Bernard Makuza, continued to serve as Prime Minister. As agreed to in the accord, MDR received the prime minister position--though since the MDR was disbanded prior to the elections, he changed his party affiliation to RPF.