Judiciary Reform: Arusha Accord – 4 August 1993

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Judiciary Reform: Arusha Accord – 4 August 1993

Implementations

Judiciary Reform – 1993

The accord called for a separation of powers as a general principle and the creation of a competent and independent judiciary. No developments observed this year.

Judiciary Reform – 1994

No developments observed this year.

Judiciary Reform – 1995

On 5 May 1995, Rwanda adopted a new constitution which dealt with judicial reform. As of October of 1995, however, it was reported that the judiciary was still non-functional.1 In the first move to revive the judicial system, the national assembly appointed six Supreme Court judges.2

  1. “Rwanda-Politics: Patching Up A Tattered Judiciary,” IPS-Inter Press Service, October 24, 1995.
  2. “Secretary General’s Report to the Security Council,” United Nations (S/1995/1002), December 1, 1995.

Judiciary Reform – 1996

In 1996, the courts were operational. Genocide laws were adopted and enforced ex post facto in specially created genocide courts.

Judiciary Reform – 1997

No developments observed this year.

Judiciary Reform – 1998

No developments observed this year.

Judiciary Reform – 1999

In 1999, the government announced plans to create Gaçaca genocide courts.

Judiciary Reform – 2000

In an effort to build the Rwandan judiciary into a professional and strong institution, the government adopted new merit-based recruitment policies in 2000.1

  1. “New Recruitment Policy Part of Overhaul Of Judiciary,” BBC Worldwide Monitoring, March 30, 2000.

Judiciary Reform – 2001

Elections for Gaçaca judges were held in 2001. A Rwandan Legal Reform Commission was established by law in July 2001. It was composed of Rwandans belonging to various professional and legal institutions, in particular the Supreme Court, the Ministry of Justice, the Public prosecution service, National University of Rwanda and members of the Bar Association.1 The recommendations of the commission were largely adopted by the government and have been integrated in the new constitution.

  1. “Functional Review Report- Supreme Court,” DFID – Ministry of Public Service and Labour MIFOTRA, 2008, accessed February 9, 2012, http://www.mifotra.gov.rw/fileadmin/templates/downloads/SUPREME%20COURT%20(Eng).pdf.

Judiciary Reform – 2002

The first sessions for the election of judges began in 2002. In addition, a Commission for Legal Reform proposed a wide-ranging reorganization of the legal system in 2002 that combined elements of the Napoleonic and Common Law systems.