Malcolm Rivera
Rwanda's constitution has undergone several changes since the country's independence in 1962. The most recent constitution was adopted in 2003, replacing the previous constitution from 1991. This constitution provided for a presidential system with a separation of powers between the three branches of government. It also addressed the country's tragic history, including the 1994 genocide, by establishing a commitment to human rights, equality, democracy, and power-sharing. Amendments were made to this constitution in 2005, 2015, and 2023, with the latter initiated by the President of the Republic, focusing on the synchronisation of parliamentary and presidential elections.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 May 2003 |
| Referendum date | 18 December 2015 |
| Previous constitution | 1991 |
| Amendments | 2 December 2003, 8 December 2005, 2 June 2023 |
| Official name | Republic of Rwanda |
| Government type | Presidential system |
| Founding principle | "Government of Rwandans, by Rwandans and for Rwandans" |
| Suffrage | Universal, direct, indirect, and secret |
| Parliamentary elections | Must be synchronised with presidential elections |
| Number of senators | 26 |
| Number of seats reserved for women | 24 |
| Number of seats in the lower house | 80 |
| Number of seats in the upper house | 26 |
| Presidential term length | 7 years |
| Key commitments | Building a state governed by the rule of law, respect for human rights, freedom, equality, consensual and pluralistic democracy, power sharing, national unity, reconciliation, good governance, social justice, tolerance, resolution of problems through dialogue, preventing and punishing genocide, upholding values based on family, morality, and patriotism, ensuring all state organs serve the common interest, providing a healthy and satisfying environment |
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What You'll Learn
- The 2003 Rwandan Constitution was revised in 2015
- The 2015 referendum allowed President Paul Kagame a third term
- The 2015 referendum shortened presidential terms from seven to five years
- The 2003 Constitution replaced the 1991 Constitution
- The 1994 Genocide against the Tutsi influenced the 2003 Constitution
The 2003 Rwandan Constitution was revised in 2015
The Rwandan Constitution of 2003 was revised in 2015 following a referendum. This constitution replaced the 1991 Constitution, which, along with the Arusha Accords and additional protocols, had governed Rwanda during the transitional period from 1994 to 2003. The 2003 Constitution was adopted by referendum on May 26, 2003, and provided for a presidential system of government with a separation of powers between the three branches. It also condemned the Rwandan genocide and expressed hope for reconciliation and prosperity.
The 2015 revision to the 2003 Constitution included several key amendments. Firstly, it allowed for a seven-year presidential term of office, replacing the previous term length of five years. This change, however, would not come into effect until 2024. Additionally, the revised Constitution provided for a two-house parliament and multi-party politics. It also sought to prevent Hutu or Tutsi hegemony over political power. The 2015 revision was approved by around 98% of voters.
The Rwandan Constitution has undergone several amendments since its revision in 2015. Notable amendments include those made on December 2, 2003, and December 8, 2005, which pertained to the rights and duties of citizens. For example, the amendment of December 2, 2003, stated that every foreigner legally residing in Rwanda shall enjoy all rights except those reserved for nationals. It also affirmed the right of all citizens to participate in the government and their equal access to public service.
The most recent amendments to the Rwandan Constitution were made in June 2023. These amendments included changes to the election of Deputies, synchronising parliamentary and presidential elections to improve efficiency and reduce costs. Eight articles were amended in substance, 12 were modified in style, and 156 articles remained unmodified. These amendments were adopted by the Plenary Sitting of the Senate and submitted to the Chamber of Deputies for approval.
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The 2015 referendum allowed President Paul Kagame a third term
Rwanda's Constitution of 2003 was amended in 2015 to allow President Paul Kagame to run for a third term. The 2015 referendum, which took place on 18 December, was approved by 98% of voters. The amendment allowed for a two-term limit and shortened the presidential term length from seven to five years, although this rule would not come into effect until 2024. This meant that Kagame could run for a third seven-year term in 2017 and then two more five-year terms, potentially remaining in power until 2034.
Kagame had been acting president since 2000 and was officially elected in 2003 and 2010. However, he had effectively been in control since 1994 when his rebel army, the Rwandan Patriotic Front, ended the genocide perpetrated by Hutu extremists. The 1994 genocide resulted in the deaths of an estimated 800,000 people, mostly Tutsis but also moderate Hutus.
In his televised New Year's address in 2016, Kagame confirmed that he would seek re-election for a third term in 2017, stating that he was only responding to the people's wishes. He said, "You requested me to lead the country again after 2017. Given the importance and consideration you attach to this, I can only accept. But I don't think that what we need is an eternal leader."
The 2015 referendum and Kagame's subsequent decision to run for a third term drew criticism from Western governments and rights groups, who worried about the growing list of African leaders seeking to extend their tenure. The US and EU had called for Kagame to step down at the end of his term in 2017 to allow a new generation of leaders to emerge. They also denounced the results of the referendum, saying voters were not given enough time to make informed decisions. Rights groups accused the Rwandan government of stifling the media and political opposition.
Despite the criticism, the 2015 referendum allowed for the possibility of Kagame remaining in power for almost two more decades. The recent changes to Rwanda's constitution and the country's shift towards Anglo-Saxon culture have sparked debates about Kagame's legacy, with some viewing him as a tyrant exploiting Rwanda's tragic history while others see him as Africa's Lincoln, transforming the country since the genocide.
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The 2015 referendum shortened presidential terms from seven to five years
Rwanda's constitution of 2003 outlines that referendums may be proposed by the Cabinet following an advisory opinion from the Supreme Court. The Senate is also empowered to vote on creating a referendum.
On December 18, 2015, Rwandans voted in a referendum on a constitutional amendment to allow President Paul Kagame to seek a third term in office. The referendum was approved by 98% of voters. The referendum also shortened presidential terms from seven to five years, although this change will not come into effect until 2024.
The 2015 referendum has been criticized by the U.S. Department of State, which affirmed its support for democratic transitions of power. The U.S. had previously called for Kagame to step down at the end of his term in 2017. Critics also argue that changing the constitution for the benefit of the incumbent risks serious damage to long-term stability and Rwanda's reputation.
The 2015 referendum has been placed in the context of other regional leaders removing presidential term limits, such as President Yoweri Museveni of Uganda and Joseph Kabila, president of the Democratic Republic of Congo.
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The 2003 Constitution replaced the 1991 Constitution
Rwanda's 2003 Constitution replaced the 1991 Constitution, which had been in place since the country's independence in 1962. The 1991 Constitution was created under President Juvenal Habyarimana, who came to power in a 1973 military coup. However, it was never fully implemented due to the civil war that began in 1990 and the genocidal ethnic cleansing that took place in 1994.
The 2003 Constitution was established through a referendum with a high profile, resulting in a 93% approval rate. This new constitution introduced a presidential system of government, with a separation of powers between the three branches. It also changed the country's name from the \"Rwandese Republic\" to the \"Republic of Rwanda\". Additionally, it provided for a two-house parliament, with an elected president serving seven-year terms and a commitment to multi-party politics.
The 2003 Constitution also addressed the aftermath of the Rwandan genocide, establishing the National Commission for the Fight against Genocide in Kigali. It expressed hope for reconciliation and prosperity, promoting a consensual and pluralistic democracy. The constitution further emphasised respect for human rights, freedom, and equality before the law for all Rwandans, regardless of gender.
The 2003 Constitution has undergone revisions, with amendments made in 2005 and 2015. The 2015 referendum allowed President Paul Kagame to run for a third term in office in 2017 and shortened presidential terms from seven to five years, although this change will only come into effect in 2024.
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The 1994 Genocide against the Tutsi influenced the 2003 Constitution
The Rwandan Constitution was last amended in 2023, following a Plenary Sitting of the Senate that considered the report of the Conference of Chairpersons on the analysis of the draft revisions of the Constitution. The President of the Republic requested the amendment of provisions of the Constitution relating to the election of Deputies.
The 2003 Constitution of Rwanda was heavily influenced by the 1994 Genocide against the Tutsi. The genocide was a mass wave of genocidal ethnic cleansing, in which an estimated 800,000 civilians, primarily Tutsi, but also moderate Hutus, were killed. The killings shocked the international community, and the international failure to intervene led to widespread criticism. The 2003 Constitution sought to prevent such an event from ever happening again.
Clause 179 of the 2003 Constitution created the National Commission for the Fight against Genocide in Kigali, in direct response to the 1994 Genocide. The Constitution also reserved 24 of the 80 seats in the lower house for women, with a further six places in the upper house. This was a direct response to the fact that men had been the primary organisers of the genocide. The 2003 Constitution also changed the country's official name from the "Rwandese Republic" to the "Republic of Rwanda".
The 1994 Genocide against the Tutsi was also influenced by the mythologies surrounding the ethnic identities of the Hutu and Tutsi, which had been reshaped and mythologized by colonial powers. The 2003 Constitution sought to prevent Hutu or Tutsi hegemony over political power, with a two-house parliament and an elected president serving seven-year terms. The 2003 Constitution also guaranteed "the freedom of expression and freedom of access to information where it does not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy".
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Frequently asked questions
The most recent changes to the Rwandan constitution were made on 2 June 2023.
The changes were made to synchronise parliamentary and presidential elections to improve efficiency and reduce costs.
Eight articles were amended in substance, 12 were modified in style, and 156 articles remained unmodified.
The previous constitution was adopted on 26 May 2003, replacing the Constitution of 1991.
The 2003 constitution provided for a presidential system of government with a separation of powers between the three branches. It also established a seven-year presidential term of office.
