Simone Lawson
Rwanda's constitutional development can be divided into three phases: the independence or decolonization phase, the post-independence phase, and the 1990s. Before 1994, Rwanda, like many former colonies, had never had a constitution that could truly be described as autochthonous. The current Constitution of Rwanda was adopted by referendum on May 26, 2003, replacing the Constitution of 1991. The 2003 Constitution provides for a presidential system of government, with separation of powers between the three branches, and it condemns the Rwandan genocide in its preamble, expressing hope for reconciliation and prosperity.
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What You'll Learn
- The Rwandan Constitution was adopted by referendum in 2003
- The 2003 Constitution replaced the 1991 Constitution
- The 2003 Constitution was amended in 2005 and 2015
- The Rwandan Constitution establishes a multi-party system of government
- The Rwandan Constitution guarantees rights and freedoms for all citizens
The Rwandan Constitution was adopted by referendum in 2003
The Rwandan Constitution was adopted by referendum on 26 May 2003, replacing the Constitution of 1991. This was the first constitution written by Rwandans and based on their common aspirations and interests. It was drafted by a Constitutional Commission set up by Paul Kagame, as required by the Arusha Accords, and was intended to be home-grown and relevant to Rwanda's specific needs. The draft constitution was approved by Parliament before being put to a referendum. The referendum was given a high profile by the government, resulting in 95% of eligible adults registering to vote and an 87% turnout. The constitution was overwhelmingly accepted, with 93% voting in favour.
The 2003 constitution provides for a presidential system of government, with separation of powers between the three branches. It also establishes a multi-party system of government, with freedom for Rwandans to join political organisations of their choice or not to join them. Political organisations must abide by the constitution and other laws, as well as democratic principles, and they must not destabilise national unity, territorial integrity, or security. The constitution guarantees equal access for men and women to elective offices within political organisations.
The constitution also includes a preamble that condemns the Rwandan genocide and expresses hope for reconciliation and prosperity. Clause 179 of the constitution creates the National Commission for the Fight against Genocide in Kigali. The constitution also establishes a National Unity and Reconciliation Commission to reverse the effects of bad governance and fight against genocide ideology.
The Rwandan Constitution was amended in 2015, with changes including allowing President Paul Kagame to run for a third term in office in 2017 and shortening presidential terms from seven to five years. These amendments were approved by around 98% of voters.
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The 2003 Constitution replaced the 1991 Constitution
Rwanda's 2003 Constitution replaced the 1991 Constitution, which was drafted by President Habyarimana. The 1991 Constitution was in effect during a tumultuous time in Rwanda's history, which included the 1994 Genocide against the Tutsi and the transitional government that followed.
The 2003 Constitution was adopted by referendum on May 26, 2003, and was approved by 93% of voters. This new constitution aimed to be "home-grown" and relevant to Rwanda's specific needs, reflecting the aspirations and interests of the entire population. To that end, the Constitutional Commission sent questionnaires to civil groups across the country and rejected international assistance, except for financial aid. The 2003 Constitution introduced a presidential system of government, with a separation of powers between the three branches, and it officially changed the country's name from the "Rwandese Republic" to the "Republic of Rwanda".
The 2003 Constitution also addressed the aftermath of the Rwandan genocide, expressing hope for reconciliation and prosperity. It established the National Commission for the Fight against Genocide in Kigali and created a National Unity and Reconciliation Commission to reverse the effects of bad governance and fight against genocide ideology. The 2003 Constitution reserved 24 of 80 seats for women in the lower house and six places in the upper house, promoting gender equality in politics.
The 2003 Constitution has been amended several times, including in 2005 and 2015. The 2015 amendments allowed President Paul Kagame to run for a third term and shortened presidential terms from seven to five years, although the latter change will not take effect until 2024.
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The 2003 Constitution was amended in 2005 and 2015
The Rwandan Constitution was written in 2003, replacing the 1991 Constitution. It was amended in 2005 and 2015.
The 2003 Constitution was drafted by a Constitutional Commission set up by Paul Kagame as required by the Arusha Accords. The Commission ensured that the draft Constitution was "home-grown", relevant to Rwanda's specific needs, and reflected the views of the entire population. They sent questionnaires to civil groups across the country and rejected offers of help from the international community, except for financial assistance. The draft constitution was approved by Parliament and put to a referendum in May of that year, with a 93% vote in favour.
The 2005 amendments to the 2003 Constitution are not readily available online. However, the 2015 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 will not come into effect until 2024. The 2015 amendments were approved by around 98% of voters in a referendum held on 18 December 2015.
The 2003 Constitution, as revised in 2015, provides for a presidential system of government, with separation of powers between the three branches. It also establishes a two-house parliament, an elected President serving seven-year terms, and multi-party politics. The Constitution recognises a multi-party system of government, with political organisations permitted to freely form and operate as long as they abide by the Constitution, other laws, and democratic principles. Suffrage is universal and equal for all Rwandans, and the right to vote and stand for election is guaranteed for all men and women who fulfil the legal requirements.
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The Rwandan Constitution establishes a multi-party system of government
The Rwandan Constitution was adopted by referendum on 26 May 2003, replacing the Constitution of 1991. The 2003 Constitution establishes a multi-party system of government, with a two-house parliament, an elected president serving seven-year terms, and multi-party politics. The Rwandan Patriotic Front, the Social Democratic Party, and the Liberal Party are the major parties in the country.
The 2003 Constitution provides for a presidential system of government, with separation of powers between the three branches. It also condemns the Rwandan genocide in its preamble, expressing hope for reconciliation and prosperity. The National Unity and Reconciliation Commission was set up to reverse the effects of bad governance through education and to fight against the genocide ideology. The Constitution also includes institutions that promote good governance, such as Commissions for Women, Youth, Civil Service, and Education.
Between 1994 and 2003, Rwanda was governed by a set of documents combining President Habyarimana's 1991 Constitution, the Arusha Accords, and some additional protocols introduced by the transitional government. As required by the Accords, Paul Kagame established a Constitutional Commission to draft a new permanent Constitution. The Commission sought to ensure that the draft Constitution was home-grown and relevant to Rwanda's specific needs and the views of its entire population. They sent questionnaires to civil groups across the country and rejected offers of international assistance, except for financial aid.
The 2003 Constitution provides for an independent judiciary, based on German and Belgian civil law systems and customary law. The Supreme Court is the highest court, with other courts including the High Court of the Republic, provincial courts, district courts, and municipal and town courts. The Constitution also guarantees equality for all Rwandans, regardless of gender, and affirms the role of women in decision-making organs, with at least 30% of positions reserved for women.
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The Rwandan Constitution guarantees rights and freedoms for all citizens
The Rwandan Constitution, drafted in 2003 and revised in 2010, 2015, and 2017, guarantees rights and freedoms for all citizens. The country's commitment to human rights and fundamental freedoms is outlined in the constitution's preamble, which also condemns the Rwandan genocide. The constitution provides for a presidential system of government, with separation of powers between the three branches.
The constitution establishes that all Rwandans are equal before the law and prohibits discrimination of any kind, including on the basis of race, colour, origin, ethnic background, clan, sex, opinion, religion, or social status. It guarantees freedom of religion, conscience, opinion, and expression, as well as freedom of assembly and association. The right to education and health are also recognised, with primary education made compulsory and free in public schools.
The right to private property is protected, with the state granting private ownership of land and determining the modalities of acquisition, transfer, and use. The constitution also establishes the right to seek asylum, the right to counsel and due process, and the principle of no punishment without law. Suffrage is universal and equal for all Rwandans, and the right to vote and stand for election is guaranteed.
The constitution further provides for the establishment of independent institutions, such as the Media High Council and various commissions, to promote good governance and national unity, reconciliation, and cultural preservation. It also addresses the organisation of the state, including the role of the president, prime minister, and ministers, and the structure of the parliament.
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Frequently asked questions
The Rwandan Constitution was written in 2003. It was adopted by referendum on May 26, 2003, and replaced the Constitution of 1991.
The Rwandan Constitution provides for a presidential system of government, with separation of powers between the three branches. It also recognises a multi-party system of government and guarantees national unity, continuity of the State, and independence and territorial integrity. The Constitution condemns the Rwandan genocide in its preamble and establishes a National Unity and Reconciliation Commission to fight against genocide ideology.
The amendments to the Rwandan Constitution in 2015 allowed President Paul Kagame to run for a third term in office in 2017 and shortened presidential terms from seven to five years, with this change coming into effect in 2024. These amendments were approved by around 98% of voters.
The previous Constitution of Rwanda was adopted in November 1962. Its main objective was to consolidate the republic and establish a multiparty regime. However, the de facto situation was a one-party system dominated by the Rwandan Democratic Movement (MDR Parmehutu). This Constitution was suspended in 1973 when Juvenal Habyarimanna took power in a military coup.
