Rwanda’s Legal System and Legal Materials

By Dr Etienne Mutabazi

Dr. Etienne Mutabazi is a Senior Lecturer in the Faculty of Law at the University of Iringa in Tanzania and a leading postgraduate researcher in International Criminal Justice, Human Rights, and Information and Communication Technology. He wrote consultancy and expert reports in various areas, including for the High Court of South Africa, Western Cape Division on an accused likelihood transfer to an international criminal court; American Bar Association’s SADC Alternative Model Law on Computer and Cybercrime; Terre des Hommes International Federation’s Mental Health and Psychosocial Support Needs Assessment for Children and Youth on the Move in Southern Africa; and Center for the Study of Violence and Reconciliation on Mental Health and Psychosocial Support Baseline Assessment for Syrian refugees in Jordan, Lebanon and Turkey. He also served as a Legal Assistant and Investigator at the International Criminal Tribunal for Rwanda from 2000 to 2012 covering Africa. He is a seasoned researcher and political commentator on the Great Lakes region of Africa, addressing issues of democratic governance and conflict minerals. He holds a doctorate and master’s in international law, cum laude, from the University of South Africa. He is a Rwandan-born citizen, residing and working in Johannesburg, South Africa. He is fluent in French, English, and Kiswahili.

NOTE: This article is a complete rewrite of the previous versions authored by Florida Kabasinga and Eunice Musiime.

Published March/April 2025

(Previously updated by Florida Kabasinga in August 2013)

See the Archive Version

1. Introduction

Rwanda is officially known as the Republic of Rwanda. It is situated in East Central Africa, between 2.00 S, and 30.00 E geographic coordinates. It is landlocked. It borders the Democratic Republic of Congo to the west (221 Km), Uganda to the north (172 Km), Tanzania (222 Km) to the east, and Burundi (315 Km) to the south. It is a 26,338-kilometer squared territorial entity. Among these kilometers, approximately 1,686.19 are covered by national parks: the Volcanoes National Park (160 kilometers squared), Nyungwe Forest National Park (270), and Gishwati-Mukura National Park (34.19). Rwanda’s waters cover 3% of the national territory. That includes Rwanda’s part of Lake Kivu, which it shares with the Democratic Republic of Congo; Lakes Bulera, Ruhondo, Muhazi, Rweru, Ihema, Mugesera, Cyohoha South, and other small lakes; and many rivers. The arable land is 46.32 % of the total national area. In brief, Rwanda’s land size is just 24,668 Km2 (plus 1,670 Km2 water area, totaling 26,338 km2). The total arable land equals 1,806,103 ha and is divided by a total land size of 2,466,800 ha, totaling 73% of the country’s land size.[1]

1.1. Inhabitants

Rwanda is naturally inhabited by three ethnic groups: Twa, Hutu, and Tutsi. These ethnic groups are not a creation of the colonizers because the oral history of the country referred to them as such, most particularly in proverbs and division of labor. A United Nations Trusteeship Council report of 6 December 1957 describes the ethnicities of both Ruanda and Urundi,[2] suggesting that:

In both Ruanda and Urundi, some 15 percent of the population are Batutsi, stock farmers of Hamitic origin who hold power, and 85 percent are Bahutu, arable farmers of Bantu origin who were probably established in the country before the Batutsi, their accepted overlords, arrived; there are also a few Batwa, pygmies strain of bush hunters or potters who account for less than 1 percent of the population.

While the current official narrative is to say that there are no ethnicities in Rwanda, there is also the other position that the genocide that hit the country in 1994 was directed against the Tutsi. Indeed, the Preamble of the Rwandan Constitution of 2003, revised in 2015 and 2023, states, “Conscious of the Genocide committed against the Tutsi that decimated more than 1,000,000 sons and daughters of Rwanda.” Chapter Five addressing the duties of the State and citizens speaks of the “[w]elfare of needy survivors of the Genocide against the Tutsi.” At the same time, Article 52 says the “[p]reservation of memorial sites of the Genocide against the Tutsis.” The insistence on “Genocide against the Tutsis” allegedly aims at preventing attempts to deny that genocide was specifically committed against that particular ethnic group and not against any other ethnic group (the theory of double genocide), and it also discourages revisionism thereof. This also shows a political evolution since the original version of the constitution in 2003 used the term “genocide” alone without adding “against the Tutsi.” So, ethnicity is an uncontestable historical reality that still exists.

1.2. Territorial Administration Division

The territory of Rwanda is currently divided into four provinces (Intara) and thirty districts (uturere) (Eastern, Northern, Southern, and Western and the City of Kigali). The Eastern Province is divided into seven districts (Bugesera, Gatsibo, Kayonza, Kirehe, Ngoma, Nyagatare, and Rwamagana, which is the headquarters of the province). The Northern Province has five districts (Burera, Gakenke, Gicumbi, Musanze, and Rulindo). Musanze is the headquarters of the province. The Southern Province is made up of eight districts (Gisagara, Huye, Kamonyi, Muhanga, Nyamagabe, Nyanza, Nyaruguru, and Ruhango). Nyanza is the capital city of the Southern Province. The Western Province has seven districts (Karongi, Ngororero, Nyabihu, Nyamasheke, Rubavu, Rusizi, and Rutsiro). The city of Kibuye is the headquarters of this province. The City of Kigali has three districts, which are Gasabo, Kicukiro, and Nyarugenge. Each district is divided into sectors (imirenge), which in turn, are subdivided into cells (utugari). The cells are then divided into villages (imidugudu), which are divided into “nyumbakumi,” a grouping of ten households.

All in all, administratively, Rwanda is organized into four provinces, thirty districts, 416 sectors, 2,148 cells, and 14,837 villages. The City of Kigali comprises thirty-five sectors and 161 cells due to the 2006 administrative reform and decentralization policy decided in 2000.[3]

The country is currently composed of two layers of government (central and local) and six administrative entities: the Central Government, the Province (Intara), the district (Akarere), the sector (Umurenge), the cell (Akagari), and the village (Umudugudu). These structures, which were reorganized under the 2005 reform, are complementary.[4] These structures are contained in Article 2 of Law No 29/2005 determining the administrative entities of the Republic of Rwanda of 31 December 2005.

Villages, cells, and sectors function under the Presidential Order relating to the Sector, Cell, and Village N° 001/01 of 06/02/2023. The organization and functioning of districts fall under Law Nº 065/2021 of 09/10/2021 Governing the District. Before 2002, Rwanda was divided into eleven prefectures and sub-prefectures: 154 communes. Each commune was also divided into sectors. The latter was divided into cells.

Kigali is the capital and the largest town.

Before the arrival of colonialists, Rwanda’s government was a form of feudal monarchy. The Mwami, or king, was the sovereign ruler, exercising his authority over feudal lords using a well-developed central administration. Peasants were bound to their overlords and required to provide various services as well as a share in the harvest under a contract known as ubuhake (servitude).[5] The Tutsi king (mwami) relied on an extensive network of political, cultural, and economic relationships.[6]

1.3. Colonization and Independence

Rwanda, like most African states, did not escape the wave of colonization. German colonial conquest began in the late 1890s, but the territory was ceded to Belgian forces in 1916 during World War I. Both European nations quickly realized the benefits of ruling through the already centralized Rwandan Tutsi kingdom. Colonial rule reinforced existing trends toward autocratic and exclusionary rule, leading to the elimination of traditional positions of authority for Hutus and the calcification of ethnic identities.[7]

It gained independence from Belgium as an administered UN trusteeship on 1 July 1962. Rwanda joined the East African Community, along with its southern neighbor Burundi, on 6 July 2009. Rwanda has been a member of the United Nations since 18 September 1962; the African Union, previously the Organization of African Unity, from 25 May 1963; the Commonwealth of Nations from 29 November 2009; the Organization Internationale de la Francophonie from 1970; and many other international organizations.

2. The Constitution Making History

In terms of constitutionality, Rwanda went through various periods; the longest of which was a monarchy, which reportedly lasted for about 400 years. The monarchy was followed by a mixed administration that downsized the king’s powers, and some written laws were issued by the colonizers to facilitate their indirect rule over Rwanda from 1894 to 1962, making sixty-eight years under foreign rule. This period comprises the German indirect rule from 1899 to 1918. Indeed, on 15 November 1884, the territory of Rwanda was assigned to Germany as part of German East Africa. Under German rule, the existing hierarchy remained intact: Tutsi chiefs maintained order over the majority made up of Hutu lower classes. Germany used a policy of indirect rule, which meant retaining the existing monarchies and allowing the king to use German support to consolidate his power. So, the Tutsi ruling class and monarchy were strengthened.[8]

2.1. Rwanda under Belgian Colonization and Trusteeship

The Territory of Rwanda fell under Belgium’s control in 1916 during the First World War when Germany was defeated. At the Paris Conference in 1919, the Versailles Treaty assigned Ruanda-Urundi to Belgium until August 1923 when the territory became a mandate that the League of Nations entrusted to Belgium as one of the colonies, which was inhabited by people but not yet able to stand by themselves.[9] In 1925, the Belgian Parliament adopted a law combining Rwanda-Urundi to Belgian Congo under a 1908 law. The capital of the colony was in Leopoldville (now Kinshasa), and it was the seat of the Governor-General, while a Deputy Governor-General for Ruanda-Urundi sat in Usumbura (Bujumbura), Burundi. All laws applicable to the territory were enacted by the Belgian Parliament; Belgian King Decrees; or in case of emergency, the Governor or Deputy Governor could issue orders pursuant to delegated powers.[10] No attempt was made to codify customary law or anything that could be interpreted as legislation at that time. Enacted criminal law applied to everyone, while native Rwandans were led by customary law. People of European origin fell under written civil law. Following the creation of the United Nations in 1945 and because of the principles of equal rights and self-determination of people, Ruanda-Urundi was placed under the Trusteeship Council, administered by Belgium.

In 1952, Belgium undertook a policy of political liberalization, which, later, gave birth to the emergence of political parties characterized by ethnic leaning. One side-eyed for independence under a constitutional monarch, while another side pressed for both independence and the end of the monarchy system. The wind of change brought about what some call the 1959 Revolution. This is among the major events that Rwandans disagree on even today. Some call it a revolution to free the masses from the bondage of monarchy, while others call it the start of pogroms against the Tutsis, which was facilitated by the white men and the Catholic Church.

Be as it may, on 28 January 1961, Rwandan progressive politicians met in the town of Gitarama in Central Rwanda where they adopted a constitution and proclaimed the end of the monarchy and the establishment of the Republic with Dominique Mbonyumutwa as the head of the transitional government.[11] In December 1961, a Rwandan-Belgium Protocol granted Rwanda far-reaching powers of self-government within the context of the 1946 Trusteeship Commitment.[12] Rwandan authorities assumed all state power, except for foreign affairs, defense, internal security, and financial control. Political affairs were evolving differently in Rwanda and Burundi. With General Assembly Resolution 1746(XVI) of 26 June 1962, in agreement with Belgium, the Assembly decided to terminate the trusteeship agreement of 13 December 1946 in respect of Ruanda-Urundi on 1 July 1962, on which date both Rwanda and Burundi emerged as independent and sovereign states.

2.2. Independent Rwanda s Constitution of 1962

As an independent state, Rwanda adopted its first constitution on 24 November 1962. This legal instrument highlighted republican principles that included the abolition of the mwami monarchy and more specifically the destitution of Kigeri V and his dynasty. It affirmed the equality of all citizens without distinction based on race, origin, sex, or religion. It accorded considerable importance to civil liberties and fundamental freedoms based on the Universal Declaration of Human Rights of 1948. It abolished all caste privileges and servitudes. It regulated and validated many family rights–all based on equality. It established state institutions of the Presidency, the National Assembly, and the Supreme Court. The Constitution provided for a pluralist political system, even though later the sitting president transformed it into a single-party system dominated by his party, the Democratic-Republican Movement. President Gregoire Kayibanda was elected in office successively in 1965, with 98% of all votes, and again in 1969, with more than 99% of the votes cast and with his MDR Party taking all Parliamentary seats. On 18 May 1973, a constitutional amendment provided for the President to be elected indefinitely.

2.3. Military Rule from 5 July 1973 to 24 December 1978

Various problems and misunderstandings between political leaders with a regional line led to a military coup d’etat on 5 July 1973. On this date, Major General Juvenal Habyarimana, then minister of defence, with a group of military officers took power and constituted themselves into a Committee for Peace and National Unity. They replaced President Gregoire Kayibanda with Juvenal Habyarimana through a proclamation, and they dissolved the National Assembly and transferred its powers to President Habyarimana. They also dissolved the Government and replaced it with the Committee of Peace and National Unity made of military officers. They dissolved all political parties and suspended several provisions of the Constitution. President Habyarimana would rule with presidential decrees. In 1975, he founded his own National Revolutionary Movement for Development (MRND): the only single party that was allowed to do politics in Rwanda. In September 1977, an MRND Constitutional Committee was set up to draft a new constitution based on the then-Zairean Constitution. In March 1978, President Habyarimana appointed a three-person committee to draft a new constitution which was adopted in a joint sitting of the government and the MRND Central Committee. On 17 December 1978, the Constitution was adopted at 87% through a referendum. On 20 December 1978, President Habyarimana proclaimed the new constitution, which provided that only he, as the MRND Chairman, could stand for the office of President. As the only candidate, he was subsequently voted into power on 24 December 1978 at a turn of 99% of the votes cast.

Key features of the 1978 Constitution are the following: the National Development Council replaced the National Assembly and the Supreme Court. The MRCD became the only political organization authorized to do politics in Rwanda, and every Rwandan was automatically its member. The MRND Chairman was the only person who could become a presidential candidate; and if he is not elected in office, then MRND had to change its chairman. The Constitution also recognizes customary law to the extent that the latter was not contrary to or that its rules have not been modified by other legislations or were contrary to public order and good morals.

2.4. The Fundamental Law (Constitution of June 10, 1991, the Arusha Accords of 4 August 1993, the RPF Declaration of 17 July 1994, and the Protocol of Agreement on 2 November 1994)

A wind of change towards democratization swept Africa in the 1980s and 1990s, and Rwanda was not spared. During the La Baule Conference in June 1990, new economic policies were adopted by the International Monetary Fund and the World Bank, and accompanying austerity measures favored the return to multipartyism in Rwanda and to continue to receive international aid, particularly from France. When President Habyarimana came back from the conference, he set up a synthesis commission to brainstorm new ideas for a constitutional framework that would allow multipartyism back in Rwanda. The war that broke out in Rwanda on 1 October 1990 came in the atmosphere of coerced political liberalization. Immediately thereafter, the president’s party MRND reformed itself and changed its name to National Republican Movement for Democracy and Development. One of the suspended parties, the Democratic and Republican Movement (MDR) recreated itself and became the first opposition party. On 21 April 1991, President Habyarimana submitted a constitutional amendment proposal and a bill governing political parties to the National Council for Development. The constitution was adopted on 30 May 1991 and promulgated on 10 June 1991. This constitution reaffirmed the republican form of the country and provided for the separation of power among the President, the National Assembly, and the Judiciary. The executive powers were vested in the president in cooperation with the government, which consisted of a prime minister, ministers, and secretaries of state. The National Assembly replaced the National Development Council and shall exercise legislative powers. The powers of the National Assembly and those of the Executive were distributed between political parties, notably MRNDD, MDR, and other smaller parties. A government led by a prime minister was appointed in November 1991, led by Mr. Sylvestre Nsanzimana from 12 October 1991 to 2 April 1992. One opposition party joined that government.

It is a period of war between the Rwandan Government forces and the invading Rwandan Patriotic Front (RPF). The war allowed the RPF to push for drastic changes, sometimes in open collusion with the internal opposition. A series of negotiations started between a multiparty government initially appointed in April 1992 under Prime Minister Dismas Nsengiyaremye, who served in that capacity from 2 April 1992 to 18 July 1993. The latter’s government continued the talks and negotiations with the RPF that were sealed in the Arusha Accord signed on 4 August 1993 under the new Prime Minister, Ms. Agathe Uwilingiyimana. The Arusha Accords took their name from the Tanzanian town where they were negotiated. It is a compilation of seven distinct documents negotiated since October 1990. The Accords provided for the creation of transitional institutions that make up the Broad-Based Transitional Government, including a Transitional National Assembly, a very substantial reduction in the power of the President, an increase in the powers of the Prime Minister, and the entrenchment of the existence and powers of the Supreme Court. Participation in the transitional institutions of the executive and legislative branches was distributed among various political parties, including the MRND, the MDR, and the RPF.[13] The Accords provided that the transitional period shall last for twenty-two months, following which a new constitution will be adopted. The Arusha Accords replaced many of the June 10, 1991, Constitutional provisions.

Because of the resumption of war on 7 April 1994 and genocide following the shooting down of President Habyarimana’s plane on 6 April 1994, transitional institutions could not be put in place. On 4 July 1994, the RPF took over Kigali, the capital city, and declared the end of war on 17 July 1994. On that day, it issued a declaration in which it reaffirmed its commitment to the Arusha Peace Agreement, to the establishment of the rule of law, and power sharing in the context of a Broad-Based Transitional Government. The Declaration recognized the 1991 Constitution, subject to amendments “made necessary by the tragic situation in the country.” The Declaration excluded political parties it accused of having participated in the genocide, namely the MRND and CDR. RPF took all the positions that the Arusha Accords reserved for MRND. The Declaration modified the transitional period to five years and appointed Pasteur Bizimungu as President of the Republic and confirmed, in accordance with the Arusha Peace Accord, that Faustin Twagiramungu would hold the office of Prime Minister. Moreover, it created the position of Vice-President which was not provided for anywhere before. The Vice President held the position of Minister of Defence in the cabinet. However, his powers were not defined in the Constitution, nor were there any constitutional provisions concerning his appointment, resignation, dismissal, or replacement.

The Declaration was endorsed in a Protocol of Agreement on 2 November 1994 by representatives of eight political parties. Six positions were created for representatives of the armed forces in the National Assembly: illustrating the RPF’s domination of state institutions as well as the political importance of the armed forces. On 26 May 1995, the President of the Republic and the Prime Minister proclaimed the Fundamental Law of Rwanda confirming that the Rwandan Constitution was made of the June 10, 1991, Constitution; the Arusha Peace Agreement of August 4, 1993; the RPF Declaration of July 17, 1994; and the Protocol of Agreement of November 24, 1994. In the case of conflicts, the Arusha Peace Agreement takes precedence over the 1991 Constitution, and the RPF Declaration of July 17, 1994, takes precedence over the Arusha Peace Agreement and the Protocol of Agreement of November 24, 1994.

The transitional period that was supposed to end in 1998 was further extended until 2003 because of internal dynamics within the ruling RPF. Paul Kagame, who was still vice president, was elected chairman of the RPF, while President Pasteur Bizimungu became vice-chairman of the party. This allowed him to consolidate his political power base as the commander of the army.

This second part of the transition period (1999-2003) began in the context of almost total RPF control of the political sphere by imposing strict rules to curb the activities of political parties, the media, and civil society. Political activities were banned at the grassroots level as the government sought to restructure the political culture through RPF popular education portraying it as the sole able player. The freedom of expression, marginalization, and even criminalization of political expression reigned.

Many Hutu politicians left the government and went into exile, including Prime Minister Faustin Twagiramungu and Pierre Celestin Rwigema. Many prominent Tutsis followed them, like the National Assembly speaker Joseph Sebarenzi. Other prominent personalities disappeared. The MDR party was disbanded by the National Assembly and accused of being divisionist. It is in that atmosphere that so-called popular consultations for a new constitution were undertaken. The RPF had defined, shaped, and controlled political discourse throughout the nine-year transition period and the distinction between the RPF and the government had become increasingly blurred and, in some cases, appeared non-existent. Government and party representatives were dismissive of opposing points of view and generally labeled them “divisionists”–a serious charge in the Rwandan context that equates the term in many minds with genocidal sympathies.[14]

What happened after the ushering in of the RPF government was a change of guards with the Tutsis regaining the political and economic power that they had lost in 1959. On the face of it, there was no proclaimed theory of ethnic exclusivity, and the regime presented itself under the transition setting as democratic because, in its structures, the RPF shared power with the former opposition parties. However, Tutsis occupied most of the important political offices. Members of the remaining Hutu political parties who vied for the few available openings were easily played against each other and weakened by being involved with the worst excesses of genocide. Besides, the suspicion of any form of Hutu politics after the genocide had turned their once thriving organizations into “empty bureaucratic hulls.” The majority controlling political positions had all come from abroad, none having lived in Rwanda before 1994. RPF leaders continued to ask for more understanding of the use of harsh methods given the extraordinary situation that Rwanda found itself in after the genocide.[15]

2.5. The Constitution of 26 May 2003

A constitutional commission named by the government drafted a new constitution that was presented to voters in a referendum on 26 May 2003. It continued to refer to many of the institutions and practices that favored the development of tight RPF control. Many provisions directly violated Rwanda’s obligations under the rights of association, free expression, and political representation through free elections in the International Covenant on Civil and Political Rights. Political parties are allowed to exist but are prohibited from grass-roots activities, cutting them off from the population quibble over the spoils of power. Parties are required to “constantly reflect the unity of the Rwandan nation” and are prohibited from identifying themselves with any “divisive element” in the population. The Constitution entrenches a forum of political parties as an organ to supervise political parties, and the Supreme Court has broad discretion to dissolve parties.

In its preamble, the Constitution speaks of genocide (and not genocide against the Tutsi) “organized and supervised by unworthy leaders and other perpetrators”; the resolve to fight genocide ideology and all its manifestations; the fight against dictatorships; and the necessity to strengthen and promote national unity and reconciliation. It adds, among other things, “that it is necessary to draw from our centuries-old history the positive values which characterized our ancestors that must be the basis for the existence and flourishing of our Nation.” This was a way of laying the foundation to demonstrate that monarchy was better than any other regime and that the peaceful coexistence among Rwandans was destroyed by colonizers. In the amended version in 2015, this is the first point of the preamble and reads as “honoring our valiant ancestors who selflessly sacrificed

their lives to found Rwanda and the heroes who struggled for security, justice, freedom, and restoration of our Nation’s tranquillity, dignity and pride.” One may wonder who those valiant ancestors are and whether they are ancestors of all Rwandans.

Article 3 provides for a new territorial administrative division of Rwanda into Provinces, Districts, Cities, Municipalities, Towns, Sectors, and Cells. Article 5 added English to Kinyarwanda and French as official languages. Article 6 adopts the new flag, motto, seal, and the national anthem. Article 7 provides for dual citizenship. It specifically states that “Rwandans or their descendants who were deprived of their nationality between 1st November 1959 and 31 December 1994 because of acquisition of foreign nationalities automatically reacquire Rwandan nationality if they return to settle in Rwanda.”

This Constitution whitewashed the RPF agenda of governing alone and of being able to explain it with the black letter of the Constitution because the practices and realities differ from what one reads in the legal instrument. Article 11, for example, prohibits discrimination based on certain written factors but extends to “any other form of discrimination.” Yet, survivors of genocide and their descendants benefit from government interventions, while Hutu orphans do not. Some articles in the Constitution are unnecessary details that could be better catered to through organic or ordinary law. For instance, the provisions in Article 14 on the special measures for the welfare of genocide survivors, article 34 on the High Council of the Press, and the whole of Title 3 on political organizations save for a multi-party system of government. Everything else in this title is utter details that should not be in a constitution.

The Constitution provides for a Parliament composed of a Chamber of Deputies and a Senate (Article 62) and reverses in Article 63 the president’s powers to legislate by decrees “in the event of the absolute impossibility of Parliament holding session.”

Article 66 provided for a sitting in camera on request from the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, a quarter of the members of either Chamber or the Prime Minister, which shall be decided by an absolute majority of members present. Article 82 provides that the President of the Republic appoints eight members of the Senate among the twenty-six making up that organ.

One of the contentious issues that led to the RPF launching a war on October 1, 1990, was alleged that President Habyarimana had been in power for too long. He has been in power for seventeen years since 1990 when the war was launched. To curb that presidential office for life, Article 101 was included in the 2003 Constitution. It reads as follows: “The President of the Republic is elected for a term of seven years renewable only once. Under no circumstances shall a person hold the office of President of Republic for more than two terms.”

Previous constitutions provided for a five-year presidential term, but the 2003 Constitution aimed higher because President Kagame was still testing the waters. No one could in 2003 imagine that President Kagame with the assistance of his party, the RPF, was planning to remain in power indefinitely, deceiving the Rwandan people using impermissible justifications. This brought fundamental changes to the 2003 Constitution with the sole aim of entrenching President Kagame’s presidency. According to Professor Charles Kambanda, “There is no legal instrument or method to circumvent the terms limit save for a coup which would suspend or abrogate the Rwandan Constitution in its entirety.”[16] In 2010 when President Kagame started his second term, he initiated a sustained campaign that aimed to show that only he could secure what had been achieved after the genocide. He would regularly refer to sustainability and continuity. An idea was sent out that “the people” are begging Kagame to stay in power, contrary to what “the people” have already said under Article 101 of the Rwandan Constitution.[17] The argument that “the people” have powers to change any provision of the Constitution at any time they believe a provision or a combination of provisions in the Constitution has been overtaken by events was utterly wrong. Yet, President Kagame and his supporters went ahead and amended the 2003 Constitution in 2015.

2.6. The 2015 Rwandan Constitution Amendment

A constitutional referendum was held in Rwanda on 18 December 2015 for those who lived inside the country, while those living abroad voted on 17 December 2015. The amendments allowed President Paul Kagame to run for a third term in office in 2017 and shortened presidential terms from seven to five years, although the latter change would not come into effect until 2024. They were approved by around 98% of voters. Though the revised Constitution refers to its precedent, the one from 2003, some fundamental differences and changes support the argument of an RPF entrenched state. However, the driving factor for the amendments was to allow President Kagame to extend his presidency beyond the two-term limit established in the 2003 Constitution. Article 101 was changed to only read as: “The President of the Republic is elected for a five-year term. He or she may be re-elected once.” The words “under no circumstance” were removed. Instead, Article 172 was inserted into the new constitution of 2015 creating an additional seven years’ term for President Kagame and indeed suspending the application of Article 101 that put presidential terms to five years.

The Constitution replaced the word “genocide that was organized and supervised by unworthy leaders and other perpetrators and that decimated more than a million sons and daughters of Rwanda” with “genocide committed against the Tutsi that decimated more than 1,000,000” in the preamble.

Sub 2 of preamble to the 2003 Constitution, which read as “Resolved to fight the ideology of genocide and all its manifestations and to eradicate ethnic, regional and any other form of divisions”; came again in the 2015 version and stated that: “resolved to prevent and punish the crime of genocide, fight genocide negationism and revisionism and eradicate genocide ideology and all its manifestations, divisionism and discrimination based on ethnicity, region or any other ground.” The 2015 version dropped item 9 of the 2003 version that provided that:

Reaffirming our adherence to the principles of human rights enshrined in the United Nations Charter of 26 June 1945, the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, the Universal Declaration of Human Rights of 10 December 1948, the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the International Convention on Civil and Political Rights of 19 December 1966, the International Covenant on Economic, Social and Cultural Rights of 19 December 1966, the Convention on the Elimination of all Forms of Discrimination against Women of 1 May 1980, the African Charter of Human and Peoples’ Rights of 27 June 1981 and the Convention on the Rights of the Child of 20 November 1989.

Human rights are referred to in passing under item (e) of the 2015 version in simple terms reading that “committed to building a State governed by the rule of law based on the respect for human rights, freedoms and on the principle of equality of all Rwandans before the law as well as that of equality between women and men.”

Many other fundamental changes in the 2015 Constitution go beyond a simple amendment. While the 2003 version of the Constitution emphasizes a multi-party system with the dominance of the ruling RPF, the 2015 version reinforced its prominent role and, at the same time, limited other parties’ activities. These parties face significant challenges when they attempt to organize local meetings and political activities compared to the ruling Rwandan Patriotic Front. The government implements laws that require political parties to register and adhere to specific guidelines that substantially limit their activities. They are restrained from organizing meetings, rallies, and other forms of political engagement. The state can impose conditions, deny permits, or even disrupt gatherings, citing security concerns or public order. The government is intolerant of dissenting voices. Opposition parties face intimidation, harassment, or legal challenges. Constitutionally and to the letter, political parties exist, but their activities are non-existent.

2.7. Constitution Amendment 2023

In June 2023, the President of the Republic requested the amendment of provisions of the Constitution relating to the election of Deputies. The proposed amendment provides for the synchronization of both the parliamentary and presidential elections for efficiency in the organization of both elections and to save both the time and the budget spent on the elections. Eight articles were amended in substance, twelve were modified in style, while 156 articles remain unmodified, leaving the Constitution of the Republic of Rwanda with 176 articles in total.[18]

3. Structure of the Government

The head of state is President Paul Kagame, who has been in power since 22 April 2000 as acting President after serving as Vice-President and Minister of Defense from July 1994. He was, subsequently, elected for three consecutive terms of seven years in 2003, 2010, and 2017. On 11 August 2024, he was again inaugurated for a five-year term, according to Article 101 of the 2015 Constitution. He can still run for a second five-year term in 2029 that will allow him to stay in power until 2034 if no new constitutional amendment intervenes. The head of the government is the Prime Minister. Successive prime ministers took office in the Rwandan government since July 1994: the late Faustin Twagiramungu (19 July 1994 to 31 August 1995); Pierre Celestin Rwigema (31 August 1995 to 8 March 2000); Bernard Makuza (8 March 2000 to 7 August 2011); Pierre Damien Habumuremyi (7 October 2011 to 24 July 2014); Anastase Murekezi (24 July 2014 to 30 August 2017); and Edouard Ngirente (30 August 2017 to present). While President Kagame is a Tutsi, all the prime ministers have been Hutu. The Cabinet is made up of the Council of Ministers appointed by the President.

3.1. The Legislature

From 1961 to 1973, legislative functions were exercised by a national assembly. Between 1982 and 1991, there was a unicameral legislature called the National Development Council. Between 1994 and 2003, there was a Unicameral legislator. Since 2003, legislative power has been vested in a bicameral parliament composed of a chamber of deputies, whose members have the title of Deputies, and a senate, whose members have the title of Senators. The Senate has twenty-six seats of which twelve members are elected by local councils, eight appointed by the President, four by the political organization’s forum, and two represent institutions of higher learning. They serve eight-year terms. The Chamber of Deputies has eighty seats, fifty-six members elected by popular vote, twenty-four women elected by local bodies, and three selected by youth and disability organizations. They serve five-year terms.

Parliament deliberates on and passes laws. It legislates and oversees executive action with the procedure determined by the Constitution.

The Chamber of Deputies is elected by the population and entrusted with acting on behalf of the population. The main functions and powers of the Chamber of Deputies include representing the population, passing legislation, and overseeing executive action. The Chamber of Deputies of Rwanda has eighty members, including fifty-three elected in universal suffrage through a secret ballot; twenty-four women elected by specific councils in accordance with the administrative entities; two members elected by the National Youth Council; and one member elected by the Federation of the Association of the Disabled. Successive Speakers of the Chamber of Deputies are the following: Alfred Mukezamfura (10 October 2003 to 6 October 2008); Rose Mukantabana (6 October 2008 to 3 October 2013); Donatille Mukabalisa (3 October 2013 to 14 August 2024); and Gertrude Kazarwa (14 August 2024 to present).

In addition to the three main functions of the Deputies, the Rwandan Senate approves the appointment of State Officials referred to in Article 88 of the Constitution and supervises the application of the fundamental principles referred to in Articles 10 and the provisions of Articles 56 and 57 of the Constitution. The Presidents of the Rwandan Senate have successively been Vincent Biruta (October 2003 to October 2011); Jean Damascene Ntawukuriryayo (10 October 2011 to 17 October 2014); Bernard Makuza (14 October 2014 to 17 October 2019); Augustin Iyamuremye (17 October 2019 to 9 December 2022); and Francois-Xavier Kalinda (9 January 2023 to present).

3.2. The Executive

It comprises the Prime Minister, Ministers, Ministers of State, and other members who may be determined, if necessary, by the President of Rwanda. Members of the Cabinet cannot belong to the Chamber of Deputies or the Senate.

3.3. The Judiciary

According to Article 43 of the 2015 Constitution, the Judiciary is the guardian of human rights and freedoms as well as one of the branches of government (Constitution, Article 61). The functional principles and organization of the Judiciary fall under Section Three of Chapter VII providing for the branches of government (Articles 149 to 158 address the judicial authority, courts, and judges). Article 151 says that the Judiciary is independent. However, Article 154 states that “The President and the Vice President of the Supreme Court, the President and the Vice President of the Court of Appeal, the President and the Vice President of the High Court, the President and the Vice President of the Commercial High Court are appointed by a Presidential Order after approval by the Senate. The President of the Republic appoints them after consultation with Cabinet and the High Council of the Judiciary.” The same procedure also applies for the appointment of Judges of the Supreme Court and those of the Court of Appeal in terms of Article 155.

The independence of the Judiciary in Rwanda raises questions because the President of the Republic plays a prominent role in the appointment of its officials. On 3 December 2024, for example, he appointed Ms. Domitille Mukantaganzwa, a personality who has never sat as a judge at any level. It is doubtful if the High Council of the Judiciary may have played any role in the process leading to the appointment of such a figure who has never been a judge before despite being a trained lawyer or having worked in the legal fraternity.

Currently, in accordance with Article 153 of the Rwanda Constitution of 2003 as revised in 2023, courts consist of ordinary and specialized Courts. The ordinary courts are the Supreme Court, the Court of Appeal, the High Court, the Intermediate Courts, and the Primary Courts. The specialized courts are the Commercial Court, the Commercial High Courts, the Military High Court, and the Military Tribunal. In addition to conventional courts, Rwanda has “Alternative Dispute resolution (ADR).” The law relating to the procedure of civil, commercial, labor, and administrative cases was amended in 2018 and creates a room where a court registrar, judge, or private mediator can mediate parties at any stage of court proceedings before the final decision of the court. Afterward, the court-annexed mediation system was endorsed by the policy adopted by the government of Rwanda in 2022 as one of the existing initiatives to build on to expand and enhance the use of mediation in dispute resolution. Currently, the following alternative dispute resolution mechanisms are being used: court-annexed mediation and plea bargaining.

The Judiciary is composed of 320 judges: seven judges at the Supreme Court level, fifteen judges at the Court of Appeal level, thirty-two judges at the High Court level, seven judges at Commercial High Court level, fifteen judges at Commercial Court level, ninety-nine judges at Intermediate Court level, and 145 judges at Primary Court level.

Law No 012/2018 of 04 April 2018 determines the organization and functioning of the Judiciary. The Judiciary is composed of two organs, that are the High Council of the Judiciary and the Judiciary Organs. Both of which are headed by the President of the Supreme Court, who is also the Chief Justice of Rwanda.

3.3.1. The Supreme Court

The Supreme Court is the highest in the country. The decisions of the Supreme Court are not subject to appeal save in terms of petitions for the exercise of the prerogative of mercy or revision of a judicial decision. Its decisions are binding on all parties concerned whether such are organs of the state, public officials, civilians, military, judicial officers, or private individuals.

The Supreme Court is composed of seven justices including the Chief Justice, the Deputy Chief Justice, and five justices. The Chief Justice is the President of the Supreme Court, while the Deputy Chief Justice is also its Deputy President.

One can access Rwandan judgments and laws on the website of the Supreme Court of Rwanda by clicking on Jurisprudence for cases and texts des lois for laws. The judgments are in Kinyarwanda, and the website is in Kinyarwanda, French, and English.

3.3.2. The Court of Appeal

The Court of Appeal was established by Law No 002/2018.OL of 4 April 2018 to adjudicate on appeal-level cases handled by the High Court, the Commercial High Court, and the Military High Court by relevant laws. This court is ordinary.

3.3.3. The High Court

The High Court has the authority to try in the first instance certain serious offences committed in Rwanda as well as some offences committed outside Rwanda as specified by the law. The High Court is based in the City of Kigali and has five chambers located in Musanze, Nyanza, Rwamagana, and Rusizi, which have both original and appellate jurisdiction in civil, criminal, and administrative matters. The fifth chamber is the specialized chamber dealing with International Crimes.

3.3.4. The Intermediate Courts

Rwanda has twelve intermediate courts.[19] Each Intermediate Court is headed by a president.

  • The Intermediate Court of Nyarugenge has jurisdiction covering the Nyarugenge and Kicukiro Districts. The Intermediate Court of Nyarugenge is made up of two Primary Courts. Those Primary Courts are the PC of Nyarugenge and Kicukiro.
  • The Intermediate Court of Gasabo covers the Bugesera and Gasabo Districts. The Intermediate Court of Gasabo is made up of two Primary Courts, which are the PC of Gasabo and Nyamata.
  • The jurisdiction of the Intermediate Court of Ngoma covers the following Districts: Ngoma, Kayonza, Kirehe, and Rwamagana. The Intermediate Court of Ngoma is made up of seven Primary Courts. Those Primary Courts are the following: PC of Kirehe, Nyarubuye, Kibungo, Sake, Kabarondo, Kigabiro, and PC Nzige.
  • The jurisdiction of the Intermediate Court of Nyagatare covers Gatsibo and Nyagatare Districts. The Intermediate Court of Nyagatare is made up of four Primary Courts. Those Primary Courts are the following: PC of Kiramuruzi, PC of Ngarama, PC of Nyagatare, and PC of Gatunda.
  • The jurisdiction of the Intermediate Court of Muhanga covers Muhanga, Ruhango, and the Kamonyi Districts. The Intermediate Court of Muhanga is made up of four Primary Courts. Those Primary Courts are the following: PC of Nyamabuye, PC of Kiyumba, PC of Gacurabwenge, and PC of Ruhango.
  • The jurisdiction of the Intermediate Court of Huye covers the Districts of Huye, Nyanza, and Gisagara. The Intermediate Court of Huye is made up of three Primary Courts. Those Primary Courts are the following: PC of Ngoma, PC of Ndora, and PC of Busasamana.
  • The jurisdiction of the Intermediate Court of Nyamagabe covers the following Districts: Nyamagabe and Nyaruguru. The Intermediate Court of the Nyamagabe is made up of three Primary Courts. Those Primary Courts are the following: PC of Kibeho, PC of Gasaka, and PC of Kaduha.
  • The jurisdiction of the Intermediate Court of Rusizi covers the Districts of Rusizi and Nyamasheke. The Intermediate Court of Rusizi is made up of three Primary Courts. Those Primary Courts are the following: PC Kamembe, PC of Nyakabuye, and PC of Kagano.
  • The jurisdiction of the Intermediate Court of Karongi covers the following Districts: Karongi and Rutsiro. The Intermediate Court of Karongi is made up of three Primary Courts. Those Primary Courts are the following: PC of Bwishyura, PC of Gashari, and PC of Gihango.
  • The jurisdiction of the Intermediate Court of Rubavu covers the following Districts: Rubavu, Nyabihu and Ngororero. The Intermediate Court of Rubavu covers three Primary Courts. Those Primary Courts are the following: PC of Ngororero, PC of Mukamira, and PC of Gisenyi.
  • The jurisdiction of the Intermediate Court of Gicumbi covers the following Districts: Gicumbi and Rulindo. The Intermediate Court of Gicumbi is made up of three Primary Courts. Those Primary Courts are the following: PC of Mbogo, PC of Byumba, and PC of Kaniga.
  • The jurisdiction of the Intermediate Court of Musanze covers the following Districts: Musanze, Burera, and Gakenke. The Intermediate Court of Musanze covers three Primary Courts. Those Primary Courts are the following: PC of Gakenke, PC of Gahunga, and PC of Cyeru.

Each intermediate court has specialized chambers for minor and family, labor, and administrative and economic crimes. These courts have both original and appellate jurisdiction in civil, criminal, and administrative matters.

3.3.5. Specialized Courts

There are currently two specialized courts: the Commercial Court and the Commercial High Court. The jurisdiction of the Commercial High Court is extended to the whole country (Rwanda).

Between 2003 and 2012, there were the Gacaca Courts responsible for the trial and judgment of cases against persons accused of the crime of genocide and crimes against humanity which were committed between 1 October 1990 and 31 December 1994 except for cases jurisdiction in respect of which is vested in other courts. The Gacaca courts were officially closed on 18 June 2012.

3.3.6. Military Courts

Military courts comprise Military High Court, the Military Tribunal, and the Military Prosecution Department. The Military Court tries in the first instance all offences committed by military personnel irrespective of their rank. The Military High Court tries in the first instance all offences which constitute a threat to national security and murder committed by soldiers irrespective of rank. The Military High Court is an appellate court concerning decisions rendered by the Military Tribunal.

Rwandan cases are found in court records, but there are no publications where they can be found mainly because the legal system is based on the French civil law system, not the common law that relies on decided cases/precedence. Rwanda’s legal system has evolved and can now be firmly referred to as a hybrid system that combines principles and practice from both the civil and common law systems.

4. Civil Liberties and Human Rights Issues

An Artificial Intelligence search reveals that Rwanda has several human rights issues, including:

  • Freedom of expression: The government restricts freedom of expression, including for journalists, threats, arrests, and censorship.
  • Freedom of assembly and association: The government restricts the freedom of peaceful assembly and association, including through overly restrictive laws for nongovernmental organizations.
  • Political Participation: The government restricts political participation.
  • Human rights organizations: The government restricts and harasses domestic and international human rights organizations.
  • Prison conditions: Prisons in Rwanda are harsh and life-threatening.
  • LGBT rights: While Rwanda doesn’t criminalize consensual same-sex relations, LGBT people face stigma.
  • Defamation: Defamation of foreign and international officials and dignitaries is illegal, with sentences of up to five years in prison.

The government has taken some steps to prosecute officials who have committed human rights abuses, but impunity is still a problem.

It is the United States Department of State that regularly reports on human rights development in Rwanda. Other human rights organizations, like Amnesty International and Human Rights Watch, have been banned from operating in Rwanda, preferring to move their offices in Kenya. Despite the banning, these organizations have continued to issue chilling accounts of human rights violations in Rwanda. The most telling are the following:

5. National and Regional Security Issues

Rwanda deployed its armed forces into neighbouring Zaire—now the DRC—from October 1996 to 2003 during the Congo First and Second Wars. Many reasons were invoked for such an invasion. They include security concerns: Rwanda alleging cross-border raids and possible attack by the Democratic Forces for the Liberation of Rwanda (FDLR). Rwanda also claims that it has a duty to protect the Congolese Tutsis because the Rwandan Patriotic Front is a Tutsi-dominated regime. There was and still is the idea that Rwanda had historical claims to parts of eastern Zaire. Most importantly, nevertheless, Rwanda gains economic benefits from exploiting the mineral wealth of eastern Congo. Numerous reports by the United Nations Security Council have underscored Rwanda’s violations of the sovereignty of the DRC through these pretexts. Moreover, many accounts of serious violations of International Humanitarian Law were largely reported in the United Nations DRC Mapping Exercise. The 550-page report leaked to the media in August 2010, contains a detailed accounting of the breakup of Hutu refugee camps in eastern Congo at the start of the First Congo War in October 1996, followed by the pursuit of hundreds of thousands of Hutu refugees and Hutu population across the country’s vast hinterland by teams of Rwanda, Burundi, and Uganda soldiers and their Congolese rebel surrogates, the Alliance of Democratic Forces for the Liberation of Congo.

The First and Second Congo Wars were devastating conflicts that involved many African nations and armed groups. They are sometimes called “Africa’s World War.” They ended with the signing of a “Global and Inclusive Accord” in South Africa in April 2003. However, hostilities continued in a more covert fashion until 2013, resumed in 2019, and are still going on.

Since 2004, Rwanda has increased its deployment to multilateral peacekeeping missions, with growing numbers of troops deployed to UN and African Union missions providing Rwanda with enormous financial and material benefits and political leverage. With a 150-force contribution in 2004, Rwanda has as of March 2024 5,894 military personnel, making it the fourth forces’ contributor at a global level and the largest in Africa. In the United Nations missions, Rwanda contributed and frequently rotated two battalions in the United Nations Mission in South Sudan (UNMISS); a reinforced company of soldiers in the United Nations Mission in Sudan from 2005 to 2010; and a protection force in the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), which reached a brigade from 2020 to MINUSMA in Mali and a police force in Haiti. Moreover, Rwanda sent soldiers to the African Union/United Nations Hybrid Mission to Darfur (UNAMID) from 2008 to 2020 and deployed a company of soldiers in Sudan under the African Union Mission in Sudan (AMIS).

In 2020, Rwanda undertook another aspect of security deployments through bilateral agreements concluded by the Memorandum of Understanding, rather than by other forms of bilateral agreements. Both forms of foreign deployments provide political leverage, economic resources, and strategic training for Rwandan personnel. Further, Rwanda funds a substantial portion of the national defense budget through contributions from UN peacekeeping missions. Bilateral missions in the Central African Republic and Mozambique also provide considerable commercial opportunities for Rwandan firms, some of which have links to President Paul Kagame’s ruling Rwandan Patriotic Front (RPF) and to him as a person. For the past thirty years, several large firms owned fully or partly by the ruling RPF developed under party management and expanded into many sectors of the economy.

Rwanda’s bilateral military policy combines political, security, and economic engagement to further the country’s foreign policy. The deployment to CAR and Mozambique saw numerous Rwandan businesses flocking to the host countries with tax-break incentives and agreements over land and mineral rights, diversifying Rwanda’s domestic dependence on agriculture. These missions also generate foreign revenue as host governments pay for troop deployment in foreign currency or in exchange for natural resource rights. Moreover, Rwanda has expanded its number of embassies, increased the number of diplomatic visits undertaken by its top officials, and formed socioeconomic cooperatives for Rwandans living abroad. In areas of security, Kigali has long maintained an interest in securing threats from neighboring countries and uses an extensive foreign intelligence network.[20]

Alongside bilateral and multilateral operations, Rwanda deployed troops to the DRC and has increased its military engagement amid the latest M23 offensive. The growth of unilateral operations and indirect support for the M23 has generated tensions between Rwanda and several Western countries—often the same countries supportive of and reliant upon Rwandan peacekeeping contributions.[21] Support to the M23 is accompanied by repeated violations of international humanitarian law, leaving scores of civilian victims due to RDF use of heavy weapons and indiscriminate shelling in civilian settlements, but also offering Rwanda economic benefits by controlling strategic roadways and mining sites.

6. The Criminal Justice System

6.1. National Prosecution Authority

Law No 014/2018 of 04/04/2018 determines the organization, functioning, and competence of the National Public Prosecution Authority and the Military Prosecution Department. The NPA has the overall responsibility for investigating and prosecuting offenses throughout the country. In detail, those responsibilities are the following: (1) investigate international crimes perpetrated in Rwanda and track down suspected perpetrators thereof; (2) investigate and prosecute international and cross-border crimes; (3) investigate and prosecute economic and financial crimes; (4) investigate and prosecute crimes related to gender-based violence, child abuse, and family crimes; (5) investigate and prosecute crimes related to the illegal use of narcotic drugs and psychotropic substances; (6) investigate and prosecute the crime of genocide ideology, negation and minimization of genocide and other related crimes, and crimes related to discrimination and sectarianism practices; (7) investigate and prosecute cybercrimes; (8) conduct research into ordinary crimes and international crimes perpetrated in Rwanda; (9) issue and keep criminal records; (10) provide protection and assistance for victims and witnesses.

The NPPA staff comprises senior managers, including the Prosecutor General, the Deputy Prosecutor General, the Secretary-General, and the Inspector General. It has inspectors, national prosecutors, Chief Prosecutors and Head of Unit, Prosecutors and the Intermediate level, Prosecutor at Primary levels, assistants to prosecutors, and support staff.

6.2. Rwanda Investigation Bureau (RIB)

Practically, a criminal process in Rwanda commences with reporting or filing a claim (an offense) with the Rwanda Investigation Bureau (RIB). RIB is a specialized organ established by law Nº12/2017 of 07/04/2017. RIB replaced the judicial police in Rwanda. It is responsible for performing career investigative functions, and it partners with other law enforcement agencies to ensure law and order. It prevents, detects, investigates, and responds to current and emerging crime threats using modern technology and building partnerships to uphold the rule of law. One reads on the RIB website that this organ investigates terrorist acts planned on the territory of Rwanda, acts of corruption and public funds embezzlement, cybercrime, and human and drug trafficking as well as gender-based violence. The management of the organization is made up of a High Council, a Secretary General, and a Deputy Secretary General. It has three directorates: one charged with criminal investigation, a second one in charge of crime intelligence and counterterrorism, and a third one dealing with administration and finance. It has two departments: one for inspection and compliance, and the other is INTERPOL and Cooperation. It has eleven divisions: each one divided into units that are specialized in different areas of investigation. There are also established Provincial Bureaus, District Bureaus, and Station Bureaus across the country.

Article 6 of the law establishing RIB provides that it acts under the supervision and instruction of the National Public Prosecution Authority for criminal acts under its investigation. Article 7 places RIB under the supervision of the ministry in charge of justice.

In accomplishing its work, RIB works hand in hand with the National Public Prosecution Authority during the investigation process to achieve justice.[22] In January 2024, a ruling of the Supreme Court allowed RIB to continue searching persons, buildings, and premises without court warrants if investigators believe that there are reasonable grounds for suspecting that a crime is being committed there.

6.3. Rwanda Correctional Services (RCS)

Rwanda Correctional Services is part of the justice system and rule of law sector. RCS operates thirteen correction facilities including eight all-male correction facilities (Rwamagana, Bugesera, Nyanza, Huye, Rusizi, Rubavu, Muhanga, and Gicumbi), two all-female correction facilities (Ngoma and Nyamagabe), two mixed correction facilities (Nyarugenge and Musanze) and one Juvenile Correctional Facility (Nyagatare).

Human rights abuses, including killing, beatings, and torture, in addition to overcrowding, have been regularly reported on in Rwanda’s prison facilities. Many international human rights organizations, including Human Rights Watch, have raised alarm at these violations. These violations are never investigated by the Judiciary or local human rights bodies. Judges rarely, if ever, order investigations into these allegations of torture. Human Rights Watch notes that the National Commission for Human Rights of Rwanda (NCHR), which functions as the national preventive mechanism for torture and was mandated to monitor the implementation of the Optional Protocol to the United Nations Convention against Torture (OPCAT), is not independent and has been unable or unwilling to report on cases of torture. It has consistently stated that no cases of torture and ill-treatment have been recorded in detention. At the international level, the Rwandan government has obstructed the United Nations and other institutions from carrying out essential monitoring work in an independent manner.

Torture in unlawful detention facilities aims to force victims to sign a confession to avoid beatings, often on fabricated charges.

According to Lewis Mudge, an HRW senior researcher, the beatings, asphyxiations, electric shocks, and mock executions were just some of the types of torture used to extract confessions or get detainees to accuse others. Some men spoke of having weights tied to their testicles, others of being handcuffed with their hands behind their backs for days on end. Many former detainees told us that in the end, they agreed to whatever they were told to say–they could not take the pain. There are also the inhuman conditions in which these people were kept. Many were given rations that could barely keep them alive through months of detention.

Between 2010 and 2016, scores of people suspected of collaborating with “enemies” of the Rwandan government were detained unlawfully and tortured in military detention centers by Rwandan army soldiers and intelligence officers. Some of these people were held in unknown locations, including incommunicado, for prolonged periods and in inhuman conditions.

7. Applicable Law

During colonialism, all legislation governing the country was made by Belgian authorities, and the mainstay of criminal and civil legislation was the civil and criminal codes of the then-Belgian Congo. Though criminal law had universal application, written civil law was applied only to whites. Customary law continued to apply to the natives. Hence, the current Rwanda Civil Law Legal system is based on German and Belgian civil law systems and customary law.

The Constitution is the Supreme law in Rwanda, and any law or custom in conflict with it is null and void to the extent of its inconsistency. Rwanda adopted a new Constitution on 26 May 2003.

Several laws have been revised since Rwanda embarked on a legal reform process after the 1994 Genocide and these include a law modifying and complementing relating to the code of criminal procedure; organic law determining the organization, powers, and functioning of the superior council of the judiciary; law modifying and complementing the law on the statutes for judges and other judicial personnel; organic law modifying and complementing the organic law determining the organization, functioning, and jurisdiction of the courts; and law establishing the organization, functioning, and jurisdiction of the Supreme Court. Reforms of the commercial laws of Rwanda were complete with the establishment of Law No. 07/2009 of 27/04/2009 Relating to Companies.

In 2019, the Rwandan parliament repealed all the colonial-era laws enacted either by Germany or Belgium from 1885 to 1962. The legal instruments include laws, decree-laws, decrees, legislative ordinances, law-ordinances, ordinances, ordinances of Ruanda-Urundi, royal orders, decrees of the Governor General, orders of the Resident and Special Resident, regulations, presidential orders, ministerial orders, edicts, and declarations. Parliament passed a law scrapping over 1,000 pieces of the legislation said to be outdated. The Rwanda Law Reform Commission (“RLRC” or the “Commission”) coordinated the effort to topple colonial laws. Indeed, the Commission confirmed that “some [were] still being used in court, like the law of 1888 related to contracts and conventions.”[23] The repeal did not leave any legal gap, according to one Rwandan scholar. According to Professor Kamatali, the gap should be filled through the combination of Civil Law and Common Law Systems. He reminded all participants that Rwanda is among the Civil Law countries now incorporating elements of the Common Law System, where most unlegislated laws are found in the decisions of courts.

8. The Ministry of Justice and Constitutional Affairs

The Ministry of Justice (MINIJUST) is part of the Justice, Reconciliation, Law & Order Sector (JRLOS) and bears the political responsibility of ensuring that the government’s programs in the Justice Sector are successful and ensure close coordination among the various sub-sectors. The specific missions of the ministry are to ensure universal access to quality justice; ensure the genocide ideology is eradicated and reconciliation mechanisms are reinforced; ensure that the rule of law, accountability, and human rights are promoted; and ensure that law and order are maintained and enhanced.

The institutions in the sector, though linked by the mission of Justice Delivery, are created by the Constitution and are independently responsible for executing their programs, each of which forms an integral part of the common justice vision of the country.

9.1. The Constitution

The Constitution of Rwanda makes provision for constitutional supremacy. Article 3 specifically states that: ‘The Constitution is the supreme law of the country. Any law, decision or act contrary to this Constitution is without effect.” Articles 95 and 96 of the Constitution establish the hierarchy and authentic interpretation of laws in Rwanda, which includes the Constitution, organic law, international treaties, ordinary law, orders, and regulations provided for by law. An authentic interpretation of laws is done by the Supreme Court. It may be requested by the Cabinet or the Bar Association. Any interested person may request an authentic interpretation of a law through the Bar Association.

9.2. Publication

For the publication of legal texts, Presidential Orders, Prime Minister’s Orders, Ministerial Orders, and official rules and regulations, the source is the Official Gazette of the Republic of Rwanda. It also publishes statutes of commercial companies, cooperatives, non-profit making organizations, and others to allow them to operate legally. The Official Gazette of the Republic of Rwanda is a bi-monthly publication issued on the 1st and 15th of each month.

9.3. The Ministry of Justice

Contains codes and laws on constitutional law, criminal law, private law, social law, business law, and more.

9.4. Case Law

The Rwanda Law Report publishes Case Law published by the Supreme Court of Rwanda in collaboration and with the support of Lexum, a software company specializing in the management and dissemination of legal information. Published judgments are selected among decisions rendered by Rwanda Courts. Rwanda Law Reports contains the full text of reported judgments, catchwords, and the summary of facts and holdings. This provides easy, quick, and professional access to court decisions in Rwanda. On this forum, one finds the Kinyarwanda version of judgments rendered by the Supreme Court, the Court of Appeal, the High Court, the Intermediate Courts, the Primary Courts, the Military High Court, the Commercial High Court, and the Military Tribunal. Until 13 December 2024, there were no records from the Military Tribunal, the Military High Court, or the Primary Courts available. Find judicial decisions on the Court’s website.

There are two ways of accessing legal information. Those are through written legislation and case law, as alluded to above. Laws of Rwanda, orders, and regulations in force and not in force are classified into ten domains: Fundamental laws, Human rights related laws, Diplomatic and consular laws, Criminal laws, Security laws, Judicial laws, administrative laws, Taxation laws, Civil laws, and Business laws. There are also selected court decisions rendered by superior courts including the Supreme Court, Court of Appeal, High Court, and Commercial High Court. Each category comprises several laws in force.

For example, 268 pieces of legislation are in the Administrative Laws category. When one opens this category, it is further divided into eight sub-categories that include thirty-eight international pieces of legislation; sixty Ministerial orders; eight-five Ordinary Laws, Ordinance Laws, or Decree laws; two Organic Laws; sixty-one Presidential Orders; fourteen Prime Minister’s Orders; and twelve Regulations.

These sub-categories are further classified chronologically from 1962 to 2023. When one opens a year, these instruments are further classified according to the month of their adoption. For example, on 13 September 2023, there was a Presidential Order No 062/01 of 11 September 2023 accepting the African Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology (Afra), adopted at Vienna in Austria on 20 September 2019.

Case laws are made of a specific number of judgments of the Supreme Court, arranged chronologically from 2005 to 2024. Each year is, further, arranged per month. For example, in 2024, the Supreme Court delivered seven judgments: one in May, one in April, three in March, and two in February. The same classification applies to the Court of Appeal, which delivered judgments from 2018 to 2024; the High Court, from 2013 to 2024; the Commercial High Court from 2011 to 2022; the Military High Court (no records); the International Criminal Tribunal for Rwanda, from 1998 to 2015; the Intermediate Courts (with only three judgments in 2020 and one in 2015); the Commercial Court (one judgment in 2022 and three judgment in 2021); the Military Court (no records); and finally the Primary Court (no records).

The Case Laws also have a section for the publication of judgments by the Rwanda Laws Report. As of writing in December 2024; there are no records in this section.

Rwanda now has a hybrid legal system: it has a civil-law history but is making efforts to move toward a common-law system. New legislation follows common-law principles. In a major step toward integrating common-law practices, Rwanda introduced the use of precedent.

The Codes and Laws of Rwanda found at the Ministry of Justice (Official Gazette; Publications; Laws; Reports)

  • Constitutional Law and Political Institutions
  • Judicial Law
  • Criminal Law
  • Private Law
  • Social Law
  • Business Law
  • Central Administration and Local Administration
  • Taxation, state’s property and finance, and planning
  • Specific Organizations
  • Treaties and International Conventions
  • Ministerial Orders
  • Penal Code

To study law in Rwanda, one must have completed an Advanced Level of Education and passed highly. The Law degree is a four-year course taught at the National University of Rwanda. The subjects include criminal law, civil law, constitutional law, comparative law, administrative law, public international law, commercial law, international humanitarian law, environmental law, intellectual property rights, and international development law. To practice, a lawyer is required to work under the supervision of a senior lawyer for two years and thereafter apply to be admitted to the bar. A school of legal practice has been established in Nyanza where law students are taught for two years before they are qualified to join the Kigali Bar Association and thereby practice in Rwanda. The Institute of Legal Practice and Development (ILPD) offers a Diploma in Legal Practice (DLP) that prepares lawyers, judges, and prosecutors for practice. The ILPD also offers a Diploma in Legal Drafting (DLD) to improve the skills of drafters. Located in Nyanza in the Southern Province, the establishment of the Institute was part of the implementation of the judicial reforms that the Government of Rwanda embarked on in 2004. To meet the demand for a legal workforce with enhanced skills, ILPD was assigned the task of providing the relevant training. The Institute accepts foreign students.

Moreover, there is the Rwanda Law Enforcement Specialized Academy (RLEA). It develops curricula and courses for law enforcement, and it awards related degrees and certificates. The RLEA also conducts research to develop security and law enforcement policies. Article 5 of Law No 11 of 2017 establishes Rwanda Law Enforcement Specialized Academy and determines its mission, powers, organization, and functioning sets its head office in Musanze District, Northern Province. It may be relocated elsewhere on the Rwandan territory when considered necessary, upon approval by a Prime Minister’s Order. RLEA may have branches elsewhere in the country, upon approval by a Prime Minister’s Order.

Article 9 addresses the missions of RLEA including developing curricula and providing courses in faculties related to law enforcement and award-related degrees and certificates; conducting research enabling the development of a security and law enforcement policy; preparing and providing courses intended to upgrade the professional skills of members of the Rwanda National Police, the Rwanda Investigation Bureau, and all others admitted to this academy in the fields related to the mission of those organs; evaluating the performance of its graduates to develop adequate programs to address the identified skills gaps about its mission; collaborate with other institutions with similar missions in Rwanda and abroad following laws; and fulfil other missions related to its objective which is not contrary to this law.

The Bar Association in Rwanda is known as the Kigali Bar Association. The Bar Association in Rwanda is a legal professional organization that was created by an Act of Parliament in 1997 (Law N° 03/97). This law was amended by Law No 83/2013 of 11/09/2013, which established the Bar Association in Rwanda, determining its organization and functioning. Having started with thirty-seven advocates, after seventeen years, the Bar’s current membership exceeds 1,073 advocates after the fusion of the former Judicial Defenders Association and former Kigali Bar Association. The membership is made up of all practicing advocates, as required by law, and the interns who aspire to be enrolled after two years of internship.

The Bar Association fulfils the role of legal representation and regulation for its members and plays a key role in the administration of justice for a strengthened Rule of Law in Rwanda.[24]

13. Libraries

Law reference books can be found in any University Libraries, and the Ministry of Justice is planning to establish a new electronic library.

  • Rwanda: The index has been created by The Norwegian Council for Africa, as part of its comprehensive effort to strengthen the knowledge of Africa and African affairs. The project has been developed in cooperation with the information company Gazette, and with financial support from the Norwegian Ministry of Foreign Affairs.
  • Rwanda’s Constitution: Includes the 1991 Constitution and the new Constitution promulgated in 2003.
  • Rwanda Development Partners: This website is designed to assist the government of Rwanda, and its development partners implement the aid coordination, harmonization, and alignment framework through informational exchange and dissemination.
  • International Criminal Tribunal for Rwanda: Recognizing that serious violations of humanitarian law were committed in Rwanda and acting under Chapter VII of the United Nations Charter, the Security Council created the International Criminal Tribunal for Rwanda (ICTR) by Resolution 955 of 8 November 1994.
  • Government of Rwanda: Official website for the Government of Rwanda, with latest news and various ministries.
  • Governments: Rwanda: Various resources on Rwandan government offices, political parties, tourism, human rights, etc.
  • Amnesty International: Rwanda: Reports and press releases on the human rights situation in Rwanda since 1997.
  • Rwanda: CIA: The World Factbook.
  • HRW: Rwanda: Reports by Human Rights Watch on Rwanda, 1991 to Present.
  • Rwanda – Chronology of Events: Historical chronology of main events in Rwandan History, 1918-1999.
  • Rwanda Topic Guide, Willian J. Clinton Presidential Library & Museum, at the National Archives of the United States.
  • Codes and Laws of Rwanda.Official Gazette.
  • Rwanda Development Gateway.

[1] Ministry of Agriculture, Atlas of Rwanda Agriculture Land Boundaries. Available at https://tecan.minagri.gov.rw/fileadmin/user_upload/Atlas_land_final4.pdf. Accessed on 06 December 2024. The following land has been considered as not available for agriculture: 1) Built-up areas: urbanized areas, grouped settlements, industrial zones, and other socio-economic complexes (of a density above 2 ha). The built-up areas layer was created by digitalization from digital globe satellite imagery of 2018. 2) National Parks (NP) and other protected areas: Boundary of four National Parks and important terrestrial ecosystems outside NP; acquired from REMA. 3) Forests and woodlots (above 0.25 ha): using the latest forest map of Rwanda (2013). 4) Steep slopes, above 55% (corresponding to 24 degrees’ slope). 5) Water bodies and recommended buffer zone. 6) Protected wetlands. According to the analysis, land available for agriculture is the sum of marshland and upland, which amounts to 1.34M ha and is equivalent to 54% of the total land area of Rwanda (2.5 M ha). However, considering that most of the shrublands in Eastern Province are being converted to farmland, the available agricultural land increases to 1.53M Ha.

[2] United Nations Trusteeship Council, United Nations Visiting Mission to Trust Territories in East Africa 1957: Report on Ruanda-Urundi, T/1346, 6 December, para. 22.

[3] National Institute for Statistics of Rwanda, Districts Baseline Survey. Accessed on 29 November 2024.

[4] MINALOC (2017), Rwanda Decentralization Strategic Framework. Accessed on 11.12.2024.

[5] William A. Schabas and Martin Imbleau (1997) Introduction to Rwanda, Editions Yvon Blais Inc, Quebec, Canada, 4.

[6] The World Factbook: Rwanda. [Accessed on 25.11.2024]

[7] Idem.

[8] Idem.

[9] William A. Schabas, op. cit.. p. 4.

[10] Idem, p. 5.

[11] Constitutionnet, Constitutional History of Rwanda. Accessed on 29 November 2024.

[12] William A. Schabas, op. cit., p. 6.

[13] William A. Schabas, op. cit., p. 9.

[14] Priscilla Yachat Ankut, The Role of Constitution building processes in democratization: Case Study Rwanda, International IDEA, 2005, p. 11. Accessed on 04 December 2024.

[15] Rwanda, Preparing for Elections, Tightening Control in the Name of Unity, Human Rights Watch Backgrounder, May 8, 2003.

[16] Chris Kamo, “Charles Kambanda: “Kagame regime officials are on a crusade to popularize their plan to drop term limit from the constitution,” Great Lakes Post, 22 May 2015.

[17] Idem.

[18] Republic of Rwanda (2023). What you need to know about the changes in the new Constitution of Rwanda. Accessed on 11.12.2024.

[19] The Judiciary of Rwanda. Accessed on 13/12/2024.

[20] Ladd Serwat and Peter Bofin. ‘The Rwanda Defence Forces (RDF) operations abroad signal a shift in Rwanda’s regional standing,” ACLED, 27 September 2024, accessed on 28 December 2024.

[21] Ladd Serwat and Peter Bofin, op. cit.

[22] HG.org, Understanding the Criminal Procedure Practice in Rwanda. Accessed on 13/12/2024.

[23] Agnes Binagwaho and Richard Freeman, Decolonization of the Legal Code: The End of Colonial Laws in Rwanda and a Model for Other Post-Colonial Societies, Harvard International Law Journal Online, Vol. 62, 2021.

[24] Rwanda Bar Association. Accessed on 22 December 2024.