Demobilization: Arusha Accord – 4 August 1993

Written by

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Integration of the Armed Forces of the Two Parties (9 June 1993)

Paragraph 3: Disengagement of Forces. Definitions.

Article 55: Definitions

An Assembly zone is a portion of the national territory within which the Assembly and Cantonment points of each of the two parties shall be located Assembly points are centres where specific groups of servicemen of the two Forces shall be confined and their identification conducted. Those centres shall be the starting point of the formation, integration and demobilization process that shall be conducted under the supervision of the Neutral International Force.

Cantonment points are places identified for the storage of heavy weapons outside the Assembly points.

Chapter III. Demobilization Process

Section 1: Principles

Article 147

Elements of the two Forces, namely the Rwandese Armed Forces and the RPF Forces which shall not have been retained among the nineteen thousand (19,000) servicemen and gendarmes shall be demobilized.

Article 148

Each party, i.e. the Coalition Government on the one hand, and the RPF on the other, shall specify those elements among its personnel to be demobilized and make a list of them.

Article 149

Demobilization is a process beginning with the formal publishing of lists of servicemen to be demobilized and ending with the final implementation of the process of integration of the demobilized personnel into civil life, in accordance with the timetable attached to the present Protocol as Annex IV.

The publishing of lists shall only take place after the disengagement and verification by the competent organs have been conducted and upon completion of the joint training phase. Servicemen to be demobilized shall remain under the responsibility of the Broad-Based Transitional Government until they have been posted, taking into account their categories.

Article 150

Upon completion of the separate training, elements to be demobilized may be put together in separate Assembly points within the respective zones. The Command Council of the National Gendarmerie shall decide, depending on the circumstances, on the need to put them together, taking especially into account the social administration requirements for the elements to be demobilized.

Article 151

Demobilization shall be a gradual process which shall adapt itself to the programme of integration of each demobilized serviceman, in line with the timetable for the demobilization attached as Annex IV.

Article 152

Upon the completion of the demobilization process, each serviceman/gendarme shall be given a demobilization certificate. This certificate is a document testifying that the holder is an ex-serviceman and he/she is entitled to certain benefits given to war veterans.

The Certificate shall testify that the military or gendarme services are terminated and that the bearer was properly demobilized. Copies of that certificate shall be kept within the Ministry of Defence, the Ministry of Interior and Communal Development as well as the Secretariat of State for Rehabilitation and Social Integration.

A card for ex-servicemen shall also be issued to the demobilized personnel and shall especially bear the following particulars: family name, first name, rank, domicile, a photo, date of birth, certificate number and date of issuance.

Section 2: Demobilization Modalities

Sub-Section 1: General Conditions

Article 153: Lump sum Demobilization Allowance

Each serviceman/gendarme to be demobilized shall be paid a lump sum demobilization allowance in constant value of Rwandese Francs, amounting to:

– One hundred thousand (100,000) RWF for Corporals, Privates and Gendarmes.

– Two hundred thousand (200,000) RWF for Non-Commissioned Officers – 2nd Category.

– Three hundred thousand (300,000) RWF for Non-Commissioned Officers – 1st Category.

– Four hundred thousand (400,000) RWF for Junior Officers.

– Five hundred thousand (500,000) RWF for Senior Officers.

The Broad-Based Transitional Government shall specify modalities of the distribution of those allowances.

The invalid and handicapped whose incapacity to perform their duties shall be testified by a registered physician, shall be paid a monthly invalidity allowance and the Government shall take charge of the education of all their children in Public or subsidized Private Schools.

Sub-Section 2: Specific Modalities for Demobilization per Categories of the Personnel to be Demobilized

Article 155

The personnel having the means to take care of their own integration into civil life shall be discharged upon completion of usual formalities.

Article 156

The personnel to be directly absorbed into the civil service shall be demobilized as soon as the absorption capacities of that sector will have been communicated.

Article 157

The personnel to undergo a short or long training or follow familiarization programmes shall be demobilized as soon as opportunities for their training shall have been confirmed.

Article 158

The handicapped or invalid shall take advantage of special programmes designed for socio-economic integration. They shall fall under the responsibility of the Secretariat of State for Rehabilitation and Social Integration as soon as possibilities of their integration will have been identified.

Article 159

The personnel whose integration in the civil life shall be contingent upon integration in the Rwandese society, provided for in the Repatriation Programme shall be under the responsibility of the organs responsible for the implementation of the repatriation programme, as soon as such bodies are in a position to implement those programmes.

Article 160

The personnel who do not fall under any of the above categories shall be demobilized as soon as the Secretariat of State for Rehabilitation and Social Integration and the competent organs shall be in a position to make room for job opportunities for them.

Section 3: Follow-up of the Demobilized Personnel

Article 161

The issue pertaining to the reserve of the National Army and to the compulsory national service shall be considered by the Broad-Based Transitional Government for appropriate action. The demobilized personnel may, on their own volition, become members of the Reserve.

Article 162

The Secretariat of State for Rehabilitation and Social Integration shall include a Service responsible for the implementation of the programme of integration of the demobilized personnel in the socio-economic life. It shall also ensure the follow-up of the demobilized personnel after their social integration. The Government shall specify modalities of collaboration between the Secretariat of State for Rehabilitation and Social Integration and other departments concerned with the matters of the demobilized personnel, especially the Ministry of Defence and the Ministry of Labour and Social Affairs.

Article 163

The Army Command High Council and the Command Council of the National Gendarmerie shall decide whether it is appropriate and on the time for the separation of the personnel selected to constitute the National Army and the National Gendarmerie from those to be demobilized, and shall take into account the administrative facilities required by the social services responsible for the discharge and reintegration of the demobilized personnel.

Police Reform: Arusha Accord – 4 August 1993

Written by

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Integration of the Armed Forces of the Two Parties (9 June 1993)

Section 5: Collaboration between the National Gendarmerie and the Communal Police

Article 146

The Communal Police, under the Communal authority shall, in addition to its exclusive functions, assist the National Gendarmerie in the fulfilment of its general mission of maintaining public order and security.

The National Gendarmerie shall assist the Ministry of Interior and Communal Development in the training and retraining of the Communal Police.

At the Communal level, the Commander of the Gendarmerie Station shall supervise the training and daily operations of the Communal Police. However, only the Communal Police shall carry out operations related to the implementation of police regulations enacted by the Local Administrative Authority.

Military Reform: Arusha Accord – 4 August 1993

Written by

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Integration of the Armed Forces of the Two Parties (9 June 1993

The Government of the Republic of Rwanda on the one hand, and the Rwandese Patriotic Front on the other;

Agree on the following provisions on the integration of the Armed Forces of the two parties:

Chapter 1: The National Army: Section 1: Missions and Principles

Article 1

Subject to modalities and principles mutually agreed upon between the two parties in the present Protocol of Agreement, for the formation of the National Army, the latter shall fulfil the following missions and shall be guided by the principles below:

A. Missions

1. Defend the national territorial integrity and the sovereignty of the country;

2. Participate, within the framework established by laws and regulations and in consultation with relevant authorities, in operations of maintenance and restoration of law and order as well as in the execution of laws;

3. Participate in relief operations in the event of natural calamities;

4. Contribute to the development of the country, especially through reconstruction and production activities.

B. Principles

1. As an institution, the National Army shall be governed by the laws and regulations of the country;

2. The National Army shall be at the disposal of the Government and shall be subordinated to its

authority, the two institutions abiding by the Fundamental Law as defined in the Peace Agreement, laws, democratic principles and the Rule of Law;

3. The National Army shall be non-partisan;

4. The National Army shall be a regular Army, composed solely of volunteer Rwandese citizens

recruited on the basis of their competence. It shall be open to any Rwandese Nationals, irrespective of their ethnic group, region, sex, religion or language;

5. Members of the National Army shall have the right to be informed about the socio-political life of the country. They shall benefit from civic and political education. To that effect, the Government shall set up a programme for the civic and political education of servicemen;

6. Members of the National Army shall not be affiliated to political parties or to any other association of a political nature. They shall neither take part in activities or demonstrations of political parties or associations. They shall not portray their political allegiances in public;

7. Members of the National Army shall exercise their right to vote. Given the type of the current organization of the Army, however, its members cannot participate in local elections;

8. Members of the National Army may present their candidature for political elective posts, on condition that they resign from the Army.

Section 2: Size, Structure and Organization

Article 2

The strength of the National Army (Officers, Non-Commissioned Officers, Corporals and Privates) shall be thirteen thousand (13,000) men.

The ratio between the various categories with respect to the whole size of the Army, shall be 6% for Officers, 22% for Non-Commissioned Officers and 72% for men.

Sub-Section 2: Structure

Article 3

The National Army shall comprise:

1. An Army Command High Council;

2. The Army Headquarters;

3. Four (4) Territorial Brigades;

4. Specialised Units under the Army Headquarters;

5. Support and Service Units under the Army Headquarters.

The Organizational Chart indicating the structure of the National Army is reproduced as Annex I of the present Protocol and is an integral part of it.

Sub-Section 3: Organization

Paragraph 1: The Army Command High Council

Article 4

An Army Command High Council (ACHC) is hereby established and shall, in line with the policy set by the

Government, be the highest military organ of consultation and decision-making for matters related to defence and the organization of the Army. It shall be accountable to the Government through the Minister of Defence.

Article 5: Composition

The Army Command High Council shall be composed of:

The Chief of Staff of the National Army: Chairman

The Deputy Chief of Staff of the National Army: Vice-Chairman

Brigade Commanders (4): Members

Second in Command of Brigades (4): Members

Article 6: Functions

The Army Command High Council shall exercise the following functions:

1. Study modalities of implementing the Government policy in matters of defence.

2. Ensure the execution of the defence policy of the country.

3. Set up, in line with the Government general policy, a doctrine of utilization of the Army by establishing mechanisms and strategies for the defence of the national territory as well as the maximum utilization of resources.

4. Approve plans for the utilization of the Army.

5. Draw guidelines for the organization of the supply of logistics.

6. Provide advice, either on its own initiative or upon the request of the Minister of Defence, on defence policy plans, the overall organization of the Army, the state of military service and on any military issue of general concern.

7. Ensure the implementation of the organisation plan of the Army.

8. Study major issues confronting the Units and take decisions to be implemented by the Army headquarters or make recommendations to the Minister of Defence for appropriate action.

9. Supervise the process of formation of the National Army.

Article 7: Meetings

The Army Command High Council shall meet once a month in an ordinary session upon convocation by its Chairman.

The Chairman may call for an extraordinary session when and as needed, and especially 6n instruction from the Minister of Defence, or at the request of anyone of its members.

The agenda of the meeting shall be specified upon notification to attend.

Article 8: Mode of Decision-Taking

Decisions shall be taken by consensus and communicated to the Minister of Defence.

Decisions or recommendations by the Army Command High Council shall be conveyed to the echelons concerned through the Army Chief of Staff.

Article 9: Rules of Procedure

The Army Command High Council shall establish its own rules of procedure.

Paragraph 4: Integration Operations

Article 73: Criteria for the Selection of Servicemen in the National Army

The selection of servicemen to constitute the National Army by each party and those to be demobilized shall be carried out in the Assembly points. Servicemen to constitute the National Army should meet the following criteria:

1. Officers

They should:

– be volunteers;

– be serving as Officers;

– be Rwandese Nationals.

-be physically fit, i.e. they should obtain a certificate of physical fitness from a registered physician.

-The war-wounded and handicapped shall, however, remain eligible for Army service, according to their specializations, unlike the disabled servicemen who shall be demobilized but assisted. This shall apply to all categories of servicemen.

– be at least 21 years of age.

2. Non-Commissioned Officers

They should:

– be volunteers;

– be serving as Non-Commissioned Officers;

– be Rwandese Nationals;

– be physically fit;

– be at least 18 years old.

3. Troops

They should:

– be volunteers;

– be serving in the Army;

-be Rwandese Nationals;

– be physically fit;

– be at least 18 years old.

For all 3 categories of servicemen, a cross-check shall be made out in case of any doubt concerning personal particulars, as per criteria spelled out above.

Each party shall determine independently the rank and seniority of each member of its force.

Article 74: Proportions and Distribution of Command Posts

During the establishment of the National Army, the proportions and distribution of Command posts between the two parties shall abide by the following principles:

1. The Government forces shall contribute 60% of the forces and the RPF 40% of the forces for all levels apart from the posts of Command described below.

2. In the chain of Command, from the Army Headquarters to the Battalion, each party shall have a 50% representation for the following posts:

Chief of Staff, Deputy Chief of Staff, Heads of Departments at the Army General Headquarters (G1, G2, G3, G4), Brigade Commanders, Seconds in Command of Brigades, Heads of Sections at Brigade Headquarters (S1, S2, 53, S4), Battalion Commanders and Seconds in Command of Battalions, Commanders and Seconds in Command of Specialized Units, namely: Paracommando, Reconnaissance, Military Police Battalions, and of Support Units, Engineering, Field Artillery, Anti-aircraft Artillery Battalions and the Logistics Center; Commanders and Seconds in Command of the Schools -ESM and ESO -and Commanders and Seconds in Command of the Training Centres in BIGOGWE and BUGESERA.

3. All top posts described above shall be distributed among the Officers of the Rwandese Government and those of the RPF in accordance with the principle of alternation.

Thus, the Rwandese Government forces and the RPF forces shall supply an equal number of Brigade and Battalion Commanders, of Seconds in Command of Brigade and Battalion, of Heads of Department at the Army Headquarters, of Heads of Section at Brigade Headquarters; of Commanders and Seconds in Command of Specialized and Support Units, of Schools and Training Centers described above. However, neither force can hold at the same time the posts of Commander and Second in Command within the same Unit.

4. Without prejudice to Article 73, the proportions of the two forces in all the structures of the National Army shall be affected by no prerequisite condition in terms of accessibility. Thus, adequate training shall be given to the servicemen retained without fulfilling all the necessary requirements in accordance with the modalities determined by the Army Command High Council.

5. The post of Chief of Staff of the National Army shall be held to the Government party and the one of Deputy Chief of Staff to the Rwandese Patriotic Front (RPF).

Article 75: Specific Case of Officer Trainees in ESM and Non-Commissioned Officer Trainees in ESO

The Trainees still following their studies in the Schools of the Armed Forces as well as servicemen undergoing short term training abroad shall be considered as active members of the Armed Forces.

The recruitment within the Armed Forces shall be frozen until the end of the Transition Period. The Broad-Based Transitional Government may, however, decide, after seeking advice from the Army Command High Council and the Command Council of the National Gendarmerie to resume admission to the School of Armed Forces before the end of the Transition Period.

Paragraph 5: Training of the National Army

Article 76

Elements of each Force selected to constitute the National Army shall undergo training for purposes of harmonizing techniques and achieving harmonious integration of servicemen.

Article 77: Training Phases

The training shall be carried out in two phases:

Phase 1: The separate training of servicemen of the Rwandese Armed Forces and the Rwandese Patriotic Army shall be conducted in their respective zones. This phase shall be aimed at preparing servicemen of both parties to live together in their future Units so as to constitute a single Army and do away with the spirit of antagonism nurtured by the war. The duration of the separate training shall be one month.

Phase 2: The joint training of the Units to constitute the National Army shall be dispensed to servicemen from the two Forces, in the same training centres.

That training shall be dispensed to servicemen to constitute the National Army and selected by each party, in accordance with the criteria spelled out under Article 73 of the present Protocol.

It shall, as much as possible, begin after the designation of servicemen within their Units.

This phase shall be aimed at harmonizing techniques of the two armies, nurturing the team spirit, enhancing the patriotic spirit and that of reconciliation. Such training shall be organized in training centres in three (3) batches composed of more or less than four thousand and four hundred (4,400) men. Each batch shall undergo a two-month training in the centres.

The duration of the joint training shall be 7 months, i.e. two (2) months training for each batch, and 2 x 15 days of preparation between the batches. Servicemen who will not be selected for the first batch shall be waiting in the Assembly points for their turn.

The Army Command High Council shall decide on the overall training programme as well as on the sequence of rotations in training centres.

The programme and calendar of training are attached of the present Protocol as Annex II and are an integral part of this Protocol.

Article 78: Instructors

For all the training phases, recourse shall be made to Rwandese instructors provided by the two parties and foreign instructors. The latter shall be provided by countries to be agreed upon by the two parties as well as the Neutral International Force. The number of instructors shall amount to 10% of the number of servicemen to be trained in each batch.

The joint training of Rwandese instructors shall be undertaken, as much as possible, before the separate training of servicemen from both parties.

Article 79: Joint Commission of Programmes

An Ad Hoc Joint Commission of Programmes is hereby set up and shall be responsible for the elaboration of syllabuses relating to all subjects to be taught during the separate and joint training periods. Those syllabuses should be made available before the disengagement of the forces of the two parties.

The said Commission shall start its work before 15th August, 1993 and shall be expected to be through by 31st August, 1993.

The draft syllabuses elaborated by each party shall constitute the basis for the work of the Commission.

The Commission shall work under the Chairmanship of the Neutral Military Observer Group Commander or a person appointed by him. The latter shall come into touch with the two parties so as to set up the calendar of work.

Judiciary Reform: Arusha Accord – 4 August 1993

Written by

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)

Chapter V: The Judiciary: Section 1: General Principles

Article 25

1. The powers of the Judiciary shall be exercised by courts, tribunals and other jurisdictions. The Judiciary is independent of the Legislature and the Executive.

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.

Truth or Reconciliation Mechanism: Arusha Accord – 4 August 1993

Written by

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)

Chapter IV: Specialised Commissions

Article 24

In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:

A. Commission for National Unity and National Reconciliation This commission, which reports to the Government, shall be responsible for:

1. Preparing a national debate on national unity and national reconciliation.

2. Prepare and distribute information aimed at educating the population and achieving national

unity and national reconciliation.

Article 80

In a declaration signed by their authorised representatives, the political forces called upon to participate in the Transitional Institutions shall undertake to:

1. Support the Peace Agreement and work towards its successful implementation;

2. Promote national unity and national reconciliation of the Rwandese people:

3. Abstain from all sorts of violence and inciting violence, by written or verbal communication, or by any other means;

4. Reject and undertake to fight any political ideology or any act aimed at fostering discrimination based mainly on ethnic, regional, sexual or religious differences;

5. Promote and respect the rights and freedoms of the human person;

6. Promote political education among their members, in accordance with the fundamental principles of the Rule of Law;

7. Work towards a system whereby the political power serves the interests of all the Rwandese people without any discrimination;

8. Respect the secularism of the Rwandese State;

9. Respect national sovereignty and the territorial integrity of the country.

Article 81

The Commission on National Unity and National Reconciliation shall ensure that each political force respects the principles spelt out under Article 80 above.

Article 82

Any political force violating the provisions of Article 80 shall be liable to a sanction of exclusion from the Transitional Institutions, without prejudice to other legal or statutory provisions on the matter. This measure shall be taken by the Supreme Court upon request of the Government, acting on the Commission’s report. The request to the Supreme Court shall be preceded by a warning by the Government to the political party concerned; when the warning has not been heeded.

Sub-Section 2: Additional Duties of the Commission for National Unity and National Reconciliation.

Article 83

The two parties agree that the Commission on National Unity and National Reconciliation, in addition to the duties specified under Article 24 A of the Protocol of Agreement signed on 30th October, 1992, shall see to it that each political force respects the principles spelt out in the Political Code of Ethics binding the political forces to participate in the Transitional Institutions.

Civil Administration Reform: Arusha Accord – 4 August 1993

Written by

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Repatriation of Rwandese Refugees and the Resettlement of Displaced Persons (9 June 1993)

Section 2: Administration and Security in the War Zones

Article 37

The administration entities established before the outbreak of war shall be reconstituted.

Electoral/Political Party Reform: Arusha Accord – 4 August 1993

Written by

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 (4 August 1993)

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 80

In a declaration signed by their authorised representatives, the political forces called upon to participate in the Transitional Institutions shall undertake to:

1. Support the Peace Agreement and work towards its successful implementation;

2. Promote national unity and national reconciliation of the Rwandese people:

3. Abstain from all sorts of violence and inciting violence, by written or verbal communication, or by any other means;

4. Reject and undertake to fight any political ideology or any act aimed at fostering discrimination based mainly on ethnic, regional, sexual or religious differences;

5. Promote and respect the rights and freedoms of the human person;

6. Promote political education among their members, in accordance with the fundamental principles of the Rule of Law;

7. Work towards a system whereby the political power serves the interests of all the Rwandese people without any discrimination;

8. Respect the secularism of the Rwandese State;

9. Respect national sovereignty and the territorial integrity of the country.

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Rule of Law (18 August 1992)

Article 10

Elections shall be organised in such a way that transparency is guaranteed and fraud eliminated through the establishment of efficient supervision mechanisms including, if the need arises, enlisting the assistance of International Observers. The prior and full explanation of the citizens’ rights and civic duties including the issues at stake in the elections is their inalienable right as a way of avoiding any form of political manipulation.

Inter-ethnic/State Relations: Arusha Accord – 4 August 1993

Written by

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Rule of Law (18 August 1992.)

Article 2

National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.

Article 3

National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political, economic and other advantages, which access must be guaranteed by the State.

Article 8

The two parties resolutely reject and undertake to fight:

– political ideologies based on ethnicity, region, religion and intolerance which subordinate national interest to the ethnic, regional, religious or personal interest;

– any form of coup d’etat as being contrary to the democratic system as described above.

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 16: Deletion of reference to Ethnic Group in Official Documents

The Broad-Based Transitional Government shall, from the date of its assumption of office, delete from all official documents to be issued any reference to ethnic origin. Documents in use or not yet used shall be replaced by those not bearing any reference to ethnic origin.

Constitutional Reform: Arusha Accord – 4 August 1993

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Article 3

The two parties also agree that the Constitution of 10th June, 1991 and the Arusha Peace Agreement shall constitute indissolubly the Fundamental Law that shall govern the Country during the Transition period, taking into account the following provisions:

1. The following Articles of the Constitution shall be replaced by the provisions of the Peace Agreement relating to the same matters. The Articles in question are: 34, 35, 38, 39, 40, 41, 42, 4,3, 44, 45, 46, 47, 48, 49, .50, 51, 52, ,54, 55, .56, 57, 58, 59, 60, 63, 65, 66, 67, 68, 70, 71, 73, 74, 75 paragraph 2, 77 paragraphs 3 and 4, 81, 82, 83, 84, 85, 86, 87, 88 paragraph 1, 90, 96, 99, 101.

2. In case of conflict between the other provisions of the Constitution and those of the Peace Agreement, the provisions of the Peace Agreement shall prevail.

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)

Chapter IV: Specialised Commissions

Article 24

In addition to the Commissions already agreed upon in the previous Agreements, the following broad-based specialised Commissions shall be established:

B. Legal and Constitutional Commission. This Commission shall be responsible for:

1. Drawing up a list of adaptations of national legislation to the provisions of the Peace Agreement, in particular those provisions relating to the Rule of Law.

2. Prepare a preliminary draft of the Constitution which shall govern the country after the Transitional Period.

Article 41

The Constitution which shall govern the country after the Transition Period shall be prepared by the Legal and Constitutional Commission comprising national experts referred to under Article 24.B of this Protocol. This Commission, which shall be under the National Assembly, shall prepare, after an extensive consultation with all the strata of the population, a preliminary draft Constitution which shall be submitted to the Government for advice, before submitting it to the National Assembly which shall finalise the draft Constitution, to be submitted to a Referendum for adoption.

Legislative Branch Reform: Arusha Accord – 4 August 1993

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Article 9

The “Conseil National de developpement” (CND) shall remain in Office until the Transitional National Assembly is established. However, as from date of signing the Peace Agreement, it shall not enact laws.

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 (Continuation of the Protocol of Agreement signed on 30th October, 1992)

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.

Article 65

All compulsory mandates shall be null and void. The right of the “Deputies” to vote shall be individual.

Article 66

The first session of the Transitional National Assembly shall be devoted to administering the oath of the “Deputies” and to electing the Bureau of the Transitional National Assembly.

Article 67

The Bureau of the Transitional National Assembly shall be composed of the Speaker, the Deputy Speaker and a Secretary.

Article 68

The PSD and PL political parties shall each present one (1) candidate for the post of Speaker of the Transitional National Assembly. The political party that will not have taken the post of Speaker shall present two (2) candidates for the post of Deputy Speaker of the Transitional National Assembly.

The PDC and other political parties which do not hold any ministerial portfolio in the current Coalition Government shall each present one (1) candidate for the post of Secretary.

Voting for the above-mentioned posts shall be by secret ballot and on the basis of an absolute majority of the “Deputies” present.

Article 69

The Transitional National Assembly shall automatically hold, each year, three (3) ordinary sessions of three months each, followed each time by a one (1) month parliamentary leave. When circumstances may so require, the Transitional National Assembly shall hold extraordinary sessions. The first ordinary session shall begin 15 days after the “Deputies” to the Transitional National Assembly have taken oath of office.

The Transitional National Assembly shall be convened by the Speaker. It may be convened in extraordinary session upon the initiative of the President of the Republic, The Speaker, the Prime Minister or following the decision taken by its members on the basis of an absolute majority. When it is convened in extraordinary session, the Transitional National Assembly shall deal wit h only those issues that motivated its convening Whenever an ordinary or extraordinary session of the Assembly is convened, the agenda and venue shall be indicated. Before any proceedings, the Transitional National Assembly shall adopt its agenda and decide on the urgency of the matters to be discussed. A “Deputy” or the Prime Minister may request the urgent consideration of an item. When the request is made by the latter, the matter in question shall automatically be considered as urgent.

Article 70

The status of a Deputy shall be incompatible with the holding of a Ministerial portfolio and the exercise of any other remunerative activities.

Article 71

Members of the Transitional National Assembly who may be finally sentenced by Courts for criminal offences shall automatically lose their seats. In this case, they shall be replaced in accordance with the provisions of Article 62 of this Protocol.

Article 72

The legislative power shall be exercised by way of laws passed by “Deputies” in the Transitional National Assembly as well as by Orders in Council passed by the Broad-Based Transitional Government in cases of emergency or when the Transitional National Assembly, is unable to convene.

Article 73

Ordinary laws shall be passed on the basis of an absolute majority of the Deputies present. Organic laws shall be passed on the basis of a 3/5 majority.

Article 74

For any lawful seating to be held, a quorum of 2/3 of the members of the Transitional National Assembly shall be required.

Article 75

Sessions of the Transitional National Assembly shall be public; the minutes of the debates shall be published. However, upon request of the Speaker, or the Prime Minister or of one third of its members, the Assembly may, by an absolute majority, decide to sit in camera.

Section 3: Relationship between the Transitional National Assembly and the Broad-Based Transitional Government

Article 76

The Prime Minister, upon a decision of the Cabinet and after consultations with the Bureau of the Transitional National Assembly, may request the President of the Republic to dissolve the Transitional National Assembly. The dissolution cannot take place within the last three months of the Transition.

Article 77 Replacement of the members of the Transitional National Assembly shall be done as per the numerical distribution of seats referred to under Article 62 above. The replacement of each of the members of the Bureau of the Transitional National Assembly shall be made by election in accordance with Article 68 of this Protocol of Agreement.

Article 78

The Transitional National Assembly shall be endowed with the following means of control over government activities:

– Oral Questioning

– Written Questioning

– Committee Hearing

– Commission of Inquiry

– Interpellation

– Motion of censure.

An organic law shall determine the conditions and procedure for this control.

Article 79

The Transitional National Assembly may question the conduct of the Broad-Based Transitional Government as well as that of a Minister or Secretary of State, by voting on a motion of censure against the Prime Minister or any other member of the Government. Such a motion is not admissible until after questioning and unless it is presented by at least one fifth of the members of the Transitional National Assembly in the case of a Minister or a Secretary of State, and by one third of the members in the case of the Government. The motion of censure shall be adopted by secret ballot and by a 2/3 majority of the “Deputies” present.

The vote of a motion of censure against the Prime Minister shall entail his resignation and that of the Government. In this case the replacement of the Prime Minister shall be made in accordance with Article 53 of this Protocol of Agreement. The outgoing Government shall dispose of the day-to-day matters until a new Government is formed.