Protocol of Agreement on Power-sharing within the Framework of broad-based Transitional Government between the Government of the Republic of Rwanda and the Rwandese Patriotic Front

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Country/entity: Rwanda
Region: Africa (excl MENA)
Agreement name: Protocol of Agreement on Power-sharing within the Framework of broad-based Transitional Government between the Government of the Republic of Rwanda and the Rwandese Patriotic Front
Date: 30 Oct 1992
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Rwandan Civil War (1990 - 1994)
The origins between the ethnic tensions between the Tutsi and Hutus in Rwanda are found in the original waves of migration and later into the domination of the Kingdom of Rwanda formed by the Tutsi clans. The Kingdom of Rwanda became the framework used by the German colonials to exercise power. Although the economy was reformed following the transfer to Belgian rule after World War I, the Hutu majority remained disenfranchised. Socio-economic differences were further cemented in 1935, when the Belgians introduced identity cards with Hutu or Tutsi distinctions.

Relations deteriorated after World War Two when a Hutu elite formed, and in 1959, what began as attacks on Tutsi targets evolved into the Rwandan revolution. The Belgian colonials began a programme of promotion for Hutus and following elections in the mid-1960s, the Hutus took control of most constituencies. More than 336,000 Tutsis fled Rwanda during the revolution and a failed insurgency was launched in the late 1960s.

By the late 1980s, many former Tutsi refugees in Uganda had gained integral roles in the Ugandan National Army following the overthrow of Milton Obete by Yoweri Museveni. In 1990, a Tutsi faction within the Ugandan Army, the Rwandan Patriotic Front, led by Fred Rwigyema invaded Uganda. However, the RPF came in disarray following Rwigyema’s death on the second day of the attack. This led another Tutsi officer from the Ugandan Army, Paul Kagama, to step in. The troops were reassembled and another campaign was lauched in 1991. By 1992, the Arusha Accords were signed in Tanzania, providing for a power-sharing government. The war took a turn for the worst when on April 6, 1994, the plane of then-President Juvénal Habyarimana, a Hutu, was shot over Kigali killing everyone on board. The next day, the Rwandan Army, alongside civilians began killing Tutsi and moderate Hutu leaders, which marked the beginning of the 3-month long genocide of Tutsis in Rwanda, until the killing was ended in July 1994 when the RNF forced the interim government into exile. Approximately 2,000,000 Hutus also fled to the Democratic Republic of Congo, Burundi, Tanzania and Uganda.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: Rwanda-RPF process
Parties: Government of Rwanda, Rwandese Patriotic Front
Third parties: Facilitator: Hon. Ahamed Hassan Diria, Minister for Foreign Affairs and International Cooperation (United Republic of Tanzania)
Witnesses: Papa Louis Fall, Ambassador of Senegal to Ethiopia and Representative to the OUA as the Represenative of the Current Chairman of the OAU; and Dr. T Mapuranga, Assistant Secretary General of the OUA in charge of Political Affairs for the Secretary General of the OUA, Representative of the Secretary General of the OAU.
Description: The agreement reaffirms the acceptance of principle of power sharing within the framework of a Broad-Based Transitional Government, and agreed on modalities for its implementation. It provides for the I. General Principles; II. Transitional Institutions; III. The Executive Power; IV. Specialised Commissions; V. The Judiciary; VI. Other Areas of Agreement such as the establishment of a Commission for National Unity and National Reconciliation, a Legal and Constitutional Commission and an Electoral Commission. It also involves agreements over the implementation of a programme comprising democracy; defence and security; post-war rehabilitation, repatriation and reintegration of refugees, and the economy.

Agreement document: RW_921030_ProtocolOnPowerSharing.pdf (opens in new tab) | Download PDF

Main category: Page 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: Transitional justice→Past and gender
Page 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers.
Institutional reform: No specific mention.
Development: Development→Rehabilitation and reconstruction
Page 12-13, Chapter III The Executive Power, Section 2 The Broad-based Transitional Government, Sub-section 5: Outline of the Broad-based Transitional Government Programme, Article 23:
The Broad-based Transitional Government shall implement the programme comprising the following:
[…]
D. Post-war Rehabilitation Programme
3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife encountered since the outbreak of the war, to the physically handicapped, orphans, widows and widowers.
Implementation: No specific mention.
Other: No specific mention.

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

The Government of the Republic of Rwanda and the Rwandese Patriotic Front:

Agree on the following provisions which are an integral part of the Protocol of Agreement on Power-sharing:

Chapter 1:

General Principles

Article 1

The two parties reaffirm the acceptance of the principle of power-sharing within the framework of a Broad-

Based Transitional Government, in conformity with Article V.3.

of the N’sele Ceasefire Agreement, as

amended at GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992.

The modalities of

implementation of this principle are the object of the present Protocol of Agreement on Power-sharing.

Article 2

The two parties agree that those modalities shall consist of:

(a) the maintenance of the current structure of the Coalition Government with appropriate adjustments to

be mutually agreed upon in this Protocol, with a view to making room for the participation of the RPF

and other political forces in the country;

(b) appropriate adjustments to be mutually agreed upon in this Protocol, to be made at the level of the

State powers with a view to enabling the RPF and other political forces in the country to participate in

and make for the efficient management of the transition, in compliance principle of separation of

powers.

Chapter II:

Transitional Institutions

Article 3

During the Transitional Period, the State institutions shall be:

(i) The Presidency of the Republic;

(ii) The Broad-Based Transitional Government;

(iii) The Transitional National Assembly;

(iv) The Institutions of the Judiciary.

Chapter III:

The Executive Power

Article 4

The Executive power shall be exercised collectively through decisions taken in Cabinet meetings, by the

President of the Republic and by the Government.

Section 1:

The President of the Republic and Head of State

Article 5

Upon the signing of the Peace Agreement, the incumbent President of the Republic and Head of State shall

remain in office until the outcome of elections to be held at the end of the Transitional Period.

Article 6

As Head of State, the President of the Republic shall have the following prerogatives:

(a) He shall nominate the Prime Minister and other members of the Cabinet within three days following

their appointment by the relevant bodies.

After this period, the Prime Minister shall assume office and

appoint other Members of the Cabinet.

Modalities for the appointment of the Prime Minister and other Members of the Cabinet shall be

provided for in this Peace Agreement;

(b) He shall nominate and accredit Ambassadors, Plenipotentiaries and Extraordinary Envoys abroad,

after their appointment by the Cabinet.

He shall receive credentials of Ambassadors and Extraordinary

Envoys from abroad, after their approval by the Cabinet;

(d) He shall sanction and promulgate, without any right of veto, bills passed by the National Assembly

and Orders in Council adopted in the Cabinet meetings within ten days following the date of receipt of

the ruling on their constitutionality.

After this period, Orders in Council shall be sanctioned and

promulgated by the Prime Minister, and the bills shall be sanctioned and promulgated by the Speaker of

the Transitional National Assembly;

(e) He shall declare war and sign armistice upon the decision of the Cabinet and after authorization by

the National Assembly.

To this end, he shall bear the title of Commander-in-Chief of the Armed Forces.

The Army and other security forces shall be accountable to the Cabinet, in accordance with the

modalities specified in the Peace Agreement.

Article 7

The President of the Republic shall have the right to include any issue of national interest on the agenda of

Cabinet meetings.

Article 8

The President of the Republic may, if he so wishes, attend meetings of the Cabinet.

In this case, he shall chair

the Cabinet meetings.

Article 9

Executive Orders by the President of the Republic, shall be discussed and adopted by the Cabinet.

Since the

President of the Republic shall have the right to be involved in decision-making in the Cabinet, he shall have no

right of veto on decisions regularly taken by the Cabinet, in particular, draft Presidential Orders when these are

submitted to him by the Prime Minister for signature.

This signature officializing the Presidential Orders

adopted in the Cabinet, shall be effected within ten days following the day of receipt of the said Orders at the

Presidency of the Republic.

After this period, the decision shall come into force by way of a Prime Ministerial

Order.

Article 10

Legal Acts by the President of the Republic shall be countersigned by the Prime Minister and by relevant

Ministers and Secretaries of State.

Article 11

In pursuance of the decisions of the Cabinet and in conformity with the procedure defined under Article 9 of the

present Protocol, the President of the Republic shall sign Presidential Orders with regard to the following:

1. the prerogative of mercy;

2. the minting of currency;

3. award of the National Orders:

4. the implementation of laws, when he is so required;

5. the appointment and termination of services of the following senior civil servants:

· the Principal Private Secretary to the President of the Republic;

· the Chancellor for National Orders;

· the Governor of the National Bank of Rwanda;

· the Rector of the National University of Rwanda;

· Ambassadors;

· the Secretary to the Cabinet;

· the Personal Secretary to the President of the Republic;

· Advisors in the Presidency of the Republic;

· Principal Private Secretaries in Ministries;

· Advisors in Ministries;

· Head of the Prosecution Department at the Supreme Court;

6. Ratification of International Treaties, Conventions and Agreements.

However, Peace Treaties,

Treaties of Alliance, Treaties which may entail altering national borders or affect the rights of

sovereignty, Treaties on the association of the Republic with one or several other States, as well as

Treaties, Conventions and Agreements with financial implications not catered for in the budget, shall be

implemented only after their approval by way of a law.

The federation of the Republic of Rwanda with

one or several other democratic States must be approved through a Referendum.

Article 12

The President of the Republic shall address messages to the Nation, the content of which shall be decided upon

by the Cabinet.

Section 2:

The Broad-based Transitional Government

Article 13

The current structure of the Government, namely, the number and appellation of Ministries, shall remain

unchanged.

However, a Secretariat of State in the Prime Minister’s Office in charge of Social Rehabilitation and

Integration shall be established.

It shall be responsible for:

1. Repatriation and social and economic reintegration of the Rwandese refugees who may wish to go

back home;

2. A Post-War Rehabilitation Programme as defined under Item 23.D of the present Protocol.

Article 14

The political parties participating in the Coalition Government established on 16th April, 1992 as well as the

Rwandese Patriotic Front shall have the responsibility to set up the Broad-Based Transitional Government.

They shall decide, by consensus, on the other political formations which may participate in that Government.

Article 15

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

Secretaries of State.

Sub-section 1:

The Powers of the Government:

Article 16

The Government shall be responsible for the management of the country.

It shall determine and implement

national policy.

In so doing, the Government shall:

1. Be responsible for the implementation of laws and regulations;

2. Negotiate and conclude international Treaties, Conventions and Agreements;

3. Discuss and adopt draft bills and present them to the National Assembly;

4. Discuss and adopt Orders in Council, in situations of emergency or when the National Assembly is

unable to seat, and transmit them to the President of the Republic for promulgation;

5. Appoint and dismiss civil servants.

6. Discuss and adopt Presidential, Prime Ministerial and Ministerial Statutory Orders on the

implementation of laws.

Article 17

The Government shall be the guarantor of national sovereignty and national unity.

Sub-section 2:

The Prime Minister

Article 18:

The Prime Minister shall:

1. In accordance with the Peace Agreement and in consultation with the political forces, prepare the

Government programme;

2. In conformity with the modalities provided for in the Peace Agreement, select the other members of

the Cabinet;

3. Present the Government programme and the Ministerial team responsible for its implementation to the

National Assembly;

4. Lead Government business, convene and chair Cabinet Meetings.

He shall prepare the agenda for

cabinet meetings, in consultation with the other members of the Government.

The Prime Minister shall

communicate the agenda to the President of the Republic and to the other members of the Government,

at least two days before the date of the meeting.

5. Determine the functions of the Ministers and Secretaries of State as well as the nature and extent of

powers of the services under them.

The Ministers and Secretaries of State shall be delegated powers by the Prime Minister for the

management of the duties of their departments.

The Prime Minister shall determine the extent of this

delegation of power.

6. In pursuance of the decisions of the Cabinet, sign Prime Ministerial Orders for the appointment and

termination of services of the following senior civil servants:

- the Principal Private Secretary to the Prime Minister;

- Deputy Governors of the National Bank of Rwanda;

- Vice-Rectors of the National University of Rwanda;

- Advisers and “Chefs de Service” in the Prime Minister’s Office;

- the “Préfets de Préfecture”;

- Director in Public Enterprises;

- Directors General in the Ministries;

- Planning and Coordination Officers in Public Enterprises;

- Directors in Public Enterprises and Representatives of the Government in Parastatals;

- Directors and Heads of Division in the Ministries:

- “Sous-Préfets”;

- Bourgmestres;

- Deputy Directors of Public Prosecution at the Supreme Court;

- Head of the Prosecution Department of the Courts of Appeal;

- Deputy Directors of the Courts of Appeal;

- Head of the Prosecution Department at the Courts of First Instance;

- Assistant State Attorneys.

Upon delegation of power by the Cabinet,

(a) the Minister responsible for the Civil Service shall sign Ministerial Orders with regard to

appointments and termination of services of Civil Servants from the rank of chief Clerk or

equivalent and lower-level posts.

(b) The Minister of Justice shall sign Ministerial Orders for the appointment and termination of

services of Judicial staff other than magistrates.

the staff by the relevant Director.

7. Countersign, after their promulgation by the President of the Republic, bills passed by the National

Assembly as well as Statutory Orders in Council adopted by the Cabinet.

8. By way of Orders decided upon during cabinet meetings, implement laws and regulations when he is

required to do so.

9. Address messages to the Nation whose content shall be decided upon by the Cabinet.

10. May, under exceptional circumstances, after a decision taken by the Cabinet and on consultation

with the Bureau of the National Assembly and the Supreme Court, declare a State of Siege or a State of

Emergency.

Article 19

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

Sub-section 3:

Functions of the Deputy Prime Minister

Article 20

The Deputy Prime Minister shall:

1. Upon formal delegation of power, replace the Prime Minister in the event of his absence or hindrance.

2. Act as Prime Minister when the post falls vacant, until a new Prime Minister is appointed, following

modalities provided for in the Peace Agreement.

3. In addition, hold a Ministerial Portfolio.

Sub-Section 4:

Mode of Decision-Making within the Government

Article 21

Prior to the deliberations, the Cabinet meeting shall adopt its agenda.

Cabinet decisions shall be taken by consensus.

Where consensus is not reached, the issue at hand shall be

returned to the relevant Minister for further study.

Consensus on the issue shall once again be required subsequent discussions, and if no consensus is reached, a

decision shall be taken on the basis of a partial consensus of a 2/3 of the members of the Government present.

For the following issues, however, consensus shall be mandatory:

- amendment to the Peace Agreement;

- declaration of war;

- exercise of the prerogative of mercy and mitigation of sentence;

- defence and security matters,

Article 22

For each Cabinet Meeting, minutes and a summary of decisions shall be written.

The summary shall be

approved and signed by members who attended the said meeting.

Sub-Section 5:

Outline of the Broad-based Transitional Government Programme

Article 23

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

A. Democracy

1. Consolidate the democratic process by establishing the necessary mechanisms for the implementation

of the provisions of the Protocol on the Rule of Law.

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

B. Defence and Security

1. Consolidate peace by taking the necessary measures for the eradication of the causes of war,

especially those stemming from the non-respect of National Unity, Human Rights and Democracy.

2. Ensure internal and external security.

3. Take the necessary measures for guaranteeing the security of all the people and their property.

4. Organise defence and security institutions.

C. National Unity and National Reconciliation

1. Restore national unity, in particular and as a matter of urgency by:

a) Setting up efficient mechanisms aimed at eliminating all types of discrimination and

exclusion;

b) Working out appropriate legislation in this regard;

c) Establishing a recruitment system for senior government posts, for all other posts, and for

admission to schools, based on fair competition giving equal opportunity to all citizens.

2. Organise a national debate on National Unity and National Reconciliation.

D. Post-war Rehabilitation Programme

1. Provide humanitarian assistance, especially through the supply of foodstuffs, seeds and some building

materials in a bid to contribute in the resettlement of those displaced as a result of the war and social

strife encountered since the outbreak of the war, in their original property.

2. Rehabilitate and rebuild the areas devastated by war and social strife encountered since the outbreak

of war, especially through mine-clearance and rebuilding of socio-educational and administrative

facilities.

3. Set up a programme of assistance to the victims of war (both civilian and military) and of social strife

encountered since the outbreak of the war, to the physically handicapped, orphans, widows and

widowers.

4. Set up appropriate programmes for the economic and social integration of the demobilised military

personnel.

E. Repatriation and Reintegration of Refugees

Repatriate and reintegrate all Rwandese refugees who may wish to go back home, following the

modalities specified in the Peace Agreement.

F. The Economy

1. Stimulate the economy by, as a priority, orienting economic programmes towards the disadvantaged

regions and social strata.

2. Review the country’s priorities with the aim of promoting food security (application of selected seeds

and fertilizers, storage, etc.)

3. Diversify export products.

4. Encourage small and medium scale industries.

5. Draw up and apply strategies for better utilization of the country’s resources (natural and human).

G. National Ethics

1. Establish a mechanism for guaranteeing a professional code of ethics, integrity and patriotism.

2. Establish a system for the eradication of all forms of corruption.

3. Evaluate and clean up all the State administrative institutions.

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.

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.

C. Electoral Commission

This Commission shall be responsible for the preparation and organisation of local, legislative and

presidential elections.

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.

Justice shall be rendered on the territory of the Republic in the name of the people.

Section 2:

Jurisdictions

Article 26

The following ordinary jurisdictions shall be recognized:

- Canton Courts, Courts of First Instance, Courts of Appeal and the Supreme Court.

The following military jurisdictions shall also recognized:

- Court Martials and the Military Court.

The law may establish any other specialized courts.

However, no special courts may be established.

Section 3:

The Supreme Court

Article 27

The Supreme Court shall particular exercise the following functions:

(a) direct and coordinate the activities of the courts and tribunals of the Republic.

It shall be the

guarantor of the independence of the judiciary.

To this effect, it shall be responsible for the professional

code of ethics;

(b) ensure the constitutionality of laws and Orders in Council.

In so doing, it shall ensure their

constitutionality before promulgation;

administrative authorities:

(d) ensure the regularity of popular consultations;

(e) provide, upon request, legal opinions on the regularity of draft Presidential, Prime Ministerial and

Ministerial orders as well as on other draft public administration regulations;

(f) give the authentic interpretation on customary practice in case written law is silent thereon;

(g) give a ruling on appeals to the Court of Cassation to have a new trial ordered and on transfer of cases

from one Court to another;

(h) arbitrate on institutional conflicts between various State organs;

(i) judge the accounts of all public institutions;

(j) have criminal jurisdiction over the President of the Republic, the Speaker of the National Assembly,

the Presiding Judge of the Supreme Court, the Prime Minister, the Deputy Prime Minister, Ministers,

Secretaries of State, the Deputy-Presiding Judges of the Supreme Court, Deputies in the National

Assembly, the Presiding Judges of the Courts of Appeal, the Public Prosecutors and Deputy Directors of

the Supreme Court and of the Courts of Appeal.

On first trial, the above-listed officials shall be tried by the Court of Cassation.

On appeal, they shall be

judged by the Supreme Court, in the presence of all the Jurisdictional sections, with at least eleven

Judges without including the Judges of the Bench of the Court of Cassation who gave a ruling on the

case on the first trial.

Article 28

The Supreme Court shall comprise the following five sections:

(a) The Department of Courts and Tribunals;

(b) The Court of Cassation;

(d) The Council of State;

(e) The Public Accounts Court.

Article 29

The Supreme Court shall be chaired by a Presiding Judge assisted by five Deputy Presiding Judges.

The

Presiding Judge and the Deputy Presiding Judges shall be selected by the National Assembly from a list

presented by the Government based on two candidates for each post.

Each Deputy Presiding Judge shall also be

Head of one of the sections of the Supreme Court.

The services of the Presiding Judge and Deputy Presiding Judges of the Supreme Court shall be terminated by

the National Assembly voting by a 2/3 majority, either upon its initiative, or upon the proposal of the

Government.

The instruments of appointment and termination of the services of the Presiding Judge and Deputy

Presiding Judges shall be signed by the President of the Republic.

Article 30

Candidates for the post of Presiding Judge and Deputy Presiding Judges of the Supreme Court must meet the

following requirements:

1. Hold at least a University Degree in Law.

2. Give proof of at least five years’ practical experience in the field of Law.

Article 31

Judges of the Supreme Court, of the Court of Appeal as well as the Presiding Judges of the Courts of first

instance must hold at least a Degree in Law or equivalent.

Article 32

Upon the decision of the Supreme Council of the Magistrates, the Presiding Judge of the Supreme Court shall

sign the Instruments of appointment and termination of services of Judges of the Bench.

Article 33

An organic law shall determine the powers, the organisation and the rules of procedure of the Supreme Court.

Pending the adoption of the said law, the legislation in force relating to the powers, organisation and the rules of

procedure of these Courts shall remain in force.

Section 5:

Relationship between the Supreme Court and the Government

Article 34

The Government shall delegate one or several Commissioners to one or all sections of the Supreme Court to

represent it and to avail any required information.

The Government Commissioners shall participate in discussions on matters for which they have been

designated but as non-voting members.

Article 35

The implementation of the decisions by the Supreme Court, as well as the financial management of, and other

administrative measures concerning the Supreme Court shall be vested in the Government.

However, the law

organizing of the Supreme Court shall define the administrative measures coming under its jurisdiction.

Article 36

In matters relating to the organization of the Judiciary, the Supreme Court may submit to the Government any

reform proposals which, in its opinion, are of general interest.

Section 6:

The Supreme Council of Magistrates

Article 37

The Supreme Court of Council of the Magistrates shall comprise:

- The Presiding Judge of the Supreme Court as Chairman;

- the Deputy-Presiding Judges of the Supreme Court;

- two Judges of the Bench of the Supreme Court;

- a Judge of the Bench from each Court of Appeal;

- a Judge of the Bench from Courts of First Instance under the Jurisdiction of each Court of Appeal;

- a Magistrate of Canton Court under the Jurisdiction of each Court of Appeal.

The Government Commissioners to the Department of Courts and Tribunals shall attend meetings of the

Supreme Council of Magistrates as non-voting members.

The Council shall elect from its members a Vice-Chairman and a Rapporteur.

Article 38

With the exception of the Presiding Judge and the Deputy-Presiding Judges of the Supreme Court, members of

the Supreme Council of Magistrates shall be elected by their peers of the same level of jurisdiction.

Applications shall be submitted to the Supreme Court at least one month before the date of elections.

Each

candidate shall give proof of at least five years’ practical experience in the field of Law.

Elections shall be organized by the Supreme Court.

Article 39

The Supreme Council of the Magistrates shall have the following powers:

(a) Decide on the appointment and termination of services and, in general, the administration of the

career of Judges of the Bench other than the Presiding Judge and Deputy-Presiding Judges of the

Supreme Court.

(b) Give advisory opinion upon its own initiative or upon request, on any proposal relating to the

Judicial staff regulations within its jurisdictions.

administration of Justice.

Chapter VI:

Other Areas of Agreement

Article 40

The initiative of laws shall be vested in the Cabinet and the National Assembly.

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.

Article 42

The National Assembly shall exercise control over the Government’s activities, in line with the mechanisms

provided for by the law.

Article 43

The National Budget shall be prepared by the Government and voted by the National Assembly.

Where the

budget is not voted in time, the Prime Minister shall, upon the decision of the Government, pass a decree

authorising the disbursement of monthly provisional expenditure.

Article 44

The “Office Rwandais d’Information” (ORINFOR) shall fall under the Ministry responsible for Information and

the “Office du Tourisme et des Parcs Nationaux” (ORTPN) under the Ministry responsible for Tourism.

Article 45

In criminal matters the responsibility of the President of the Republic, the Speaker of the National Assembly,

the Presiding Judge of the Supreme Court, the Prime Minister, the Deputy Prime Minister, Ministers,

Secretaries of State, the Assistant Presiding Judges of the Supreme Court and Deputies, shall be individual.

However, they shall not be subjected to custody.

They may appear before Justice through their proxies.

They

shall be judged by the Supreme Court.

Deputies shall not be prosecuted or sued as a result of opinions expressed or votes cast in the exercise of their

duties.

Article 46

As a matter of urgency and priority, the Broad-based Transitional Government shall rid the administrative

apparatus of all incompetent elements as well as authorities who were involved in the social strife or whose

activities are an obstacle to the democratic process and to national reconciliation.

In any case, all local authorities (Bourgmestres, Sous-Préfets, Préfets de Préfecture) shall have been either

replaced or confirmed within three months after the establishment of the Broad-based Transitional Government.

Done at Arusha, on this 30th day of October, 1992 in French and English, the French text being the original.

For the Rwandese Government:

Boniface Ngulinzira

Minister of Foreign Affairs and Cooperation

For the Rwandese Patriotic Front:

Pasteur Bizimungu

Member of the Executive Committee and Commissioner for Information and Documentation

In the presence of Representative of Facilitator (United Republic of Tanzania):

Ahmed Hassan Diria

Minister for Foreign Affairs and International Cooperation

In the presence of the Representative of Chairman of the OAU:

Papa Louis Fall

Ambassador of Senegal to Ethiopia, Tanzania and the OAU

In the presence of Secretary General of the OAU

Dr. M.T. Mapuranga

Secrétaire Général Adjoint, chargé des Affaires politiques