Constitution of Rwanda (2003)

PREAMBLE We, the People of Rwanda,
 * 1° In the wake of the genocide that was organised and supervised by unworthy leaders and other perpetrators and that decimated more than a million sons and daughters of Rwanda;
 * 2° Resolved to fight the ideology of genocide and all its manifestations and to eradicate ethnic, regional and any other form of divisions;
 * 3° Determined to fight dictatorship by putting in place democratic institutions and leaders freely elected by ourselves;
 * 4° Emphasizing the necessity to strengthen and promote national unity and reconciliation which were seriously shaken by the genocide and its consequences;
 * 5° Conscious that peace and unity of Rwandans constitute the essential basis for national economic development and social progress;
 * 6° Resolved to build a State governed by the rule of law, based on respect for fundamental human rights, pluralistic democracy, equitable power sharing, tolerance and resolution of issues through dialogue;
 * 7° Considering that we enjoy the privilege of having one country, a common language, a common culture and a long shared history which ought to lead to a common vision of our destiny ;
 * 8° Considering 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;
 * 9° 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 E limination 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 ;
 * 10° Committed to ensuring equal rights between Rwandans and between women and men without prejudice to the principles of gender equality and complementarity in national development;
 * 11° Determined to develop human resources, to fight ignorance, to promote technological advancement and the social welfare of the people of Rwanda;
 * 12° Considering that after the Transition period, Rwanda shall be governed by a Constitution comprising ideas expressed by Rwandans themselves; Now hereby adopt, by referendum, this Constitution as the supreme law of the Republic of Rwanda.

TITLE ONE
THE STATE AND NATIONAL SOVEREIGNTY

CHAPTER ONE
GENERAL PROVISIONS

Article one
The Rwandan State is an independent, sovereign, democratic, social and secular Republic; The principle governing the Republic is "government of the people, by the people and for the people".

Article 2
All the power derives from the people. No group of people or individual can vest in themselves the exercise of power. National sovereignty belongs to the people who shall exercise it directly by way of referendum or through their representatives

Article 3 [Flag, Seal, Anthem]

 * 1) The national flag shall consist of bands of red, yellow, and green color, starting from the pole, and with the letter 'R' in black in the center of the yellow band. The Motto of the Republic shall be "Liberty, Cooperation, Progress."


 * 1) The Seal of the Republic shall be composed of ideograms of a dove and olive branch, a hoe and billhook, a bow and arrow, respectively symbolizing peace, work, and the defense of democratic liberties, in addition to the name and the motto of the Republic, all of it being framed by two National Flags placed opposite each other.


 * 1) The National Anthem shall be determined by law.

Article 4 [Languages]
Kinyarwanda shall be the National Language. Kinyarwanda and French shall be the official languages.

Article 5 [Citizenship]
Rwanda nationality and conditions for obtaining naturalization shall be defined by law.

Article 6 [Sovereignty]

 * 1) All power shall originate from the Nation.
 * 2) National sovereignty shall belong to the people of Rwanda which shall exercise it through representatives or by means of referendum.

Article 7 [Political Parties]
Political parties fulfilling the legal conditions shall concur to the expression of suffrage. They shall be formed and shall exercise their activities freely provided that they respect democratic principles and not infringe upon republican form of government, national territorial integrity, and the security of the State.

Article 8 [Suffrage]
Suffrage shall always be secret; it may be direct or indirect.

Article 9 [Electoral Rights]
Any Rwandan citizen, having attained majority and not being in any exclusion case prescribed by law, may be an elector within the conditions established by law.

Article 10 [Consultation]
The law shall determine the conditions and means of consultation of the people.

Article 11 [Prefectures, Communes, Capital]

 * 1) The Republic shall be divided into prefectures, endowed with their own juridical identities. A prefecture may be divided into sub-prefectures.
 * 2) Each prefecture shall be divided into communes, endowed with their own juridical identities.
 * 3) The law shall determine the number, limitations, organization, and operation of the prefectures, sub-prefectures, and communes.
 * 4) The Capital of the Republic shall be determined by law.

Article 12 [Human Dignity, Personal Freedom]

 * 1) The human being shall be sacred.
 * 2) The liberty of the human being shall be inviolable; no one may be prosecuted, arrested, imprisoned, or convicted other than in the cases prescribed by the law in effect at the time of the perpetrated act and within the forms prescribed by that law.
 * 3) No infraction may be punished by penalties which were not prescribed by law before it was committed.
 * 4) Any person shall be presumed innocent of the charges as long as a definite conviction has not taken place.

Article 13 [Security Measures]
No one shall be subjected to security measures except in the cases and forms provided by law, for reasons of public order or State security.

Article 14 [Criminal Responsibility]
Criminal responsibility shall be personal. Civil responsibility shall be defined by the law. Defense shall be an absolute right at any state or level of the proceedings.

Article 15 [Asylum, Extradition]

 * 1) Asylum rights shall be recognized within the conditions defined by law.
 * 2) Extradition shall be authorized only within the limits prescribed by law.

Article 16 [Citizen Equality]
All citizens shall be equal in the eyes of the law, without any discrimination, especially in respect to race, color, origin, ethnic background, clan, sex, opinion, religion, or social status.

Article 17 [No Slavery]
Any form of slavery or bondage shall be prohibited.

Article 18 [Religion, Expression]
Freedom of religion and the public exercise thereof, liberty of conscience, as well as liberty of expressing one's opinion about any subject, shall be guaranteed, except for the punishment of infractions committed during the exercise thereof.

Article 19 [Association]
Freedom of association shall be guaranteed within conditions determined by law; prior authorization may not be prescribed.

Article 20 [Assembly]

 * 1) Freedom of assembly in peaceful and unarmed meetings shall be guaranteed within the limits determined by law.
 * 2) Prior authorization may be prescribed only by law and solely for outdoor meetings, on public streets, or in public places, and inasmuch as required by reasons of safety, peace, or health.

Article 21 [Moving]
Any citizen shall have the right to move and settle freely on the national territory, as well as to leave it or return to it; the exercise of this right may only be limited by law for reasons of public order or State security.

Article 22 [Privacy]

 * 1) The private lives of individuals snall not be infringed upon in any way.
 * 2) The privacy of correspondence and communications by post, telegraph, telephone, or by any other means shall be guaranteed; any restriction shall be determined by law only.
 * 3) Domiciles shall be inviolable. No house search may take place, except in the cases and manner prescribed by law.

Article 23 [Property]
Private property, whether individual or collective, shall be inviolable. No infringement shall take place except for the reason of public utility, in the cases and manner established by law, and in return for fair and prior compensation.

Article 24 [Family]

 * 1) The familty, which is the natural basis of the Rwandan people, shall be protected by the State.
 * 2) Parents shall have the right and duty to raise their children.

Article 25 [Marriage]

 * 1) Only monogamous marriages shall be recognized within the conditions and forms prescribed by law.
 * 2) The condititions and forms of divorce shall be defined by law.

Article 26 [Education]
Liberty of teaching shall be guaranteed, except for the punishment of infractions committed in the exercise thereof. The organization of subsidized official and free education as well as recognition of diplomas and certificates issued by private institutions, shall be regulated by law.

Article 27 [Mandatory Education]
Subject to the enforcement of Article 24 (2), primary education shall be mandatory and free, according to the methods established by law.

Article 28 [Service]
National, civil, or military service shall be organized by law.

Article 29 [Excessive Punishments]
Excessively punishing hard labor shall be prohibited.

Article 30 [Work]
Any person shall have the right to work, to freely choose his work, and to have equitable and satisfying working conditions.

Article 31 [Union Action]
Any worker may protect his rights by the means of union action, except for the punishment of infractions committed within that action.

Article 32 [Strike]
The right to strike shall be exercised within the laws by which it is regulated. It may not infringe upon the freedom to work.

Article 33 [Judicial Power]
Judicial power, as the guardian of public rights and liberties, shall ensure the respect thereof within the conditions prescribed by law.

Article 34 [Separation]
The separation and collaboration of executive, legislative, and judicial powers shall be consecrated and regulated by this Constitution.

Article 35 [President, Government]
Executive power whall be exercised by the President of the Republic, assisted by the Government, composed of the Prime Minister and Ministers or Secretaries of State.

Article 36 [Remuneration]
The law shall establish compensation, pensions, and other material benefits pertaining to the presidential and ministerial duties.

Article 37 [Economic Incompatibility]

 * 1) The President of the Republic, the Prime Minister, Ministers, and Secretaries of State may not take advantage of their offices in order to acquire or dispose of any State property, nor exchange their personal property for a State property.
 * 2) Their duties shall be incompatible with the exercise of any other compensated professional activity.

Article 38 [Immunity]

 * 1) The President of the Republic, and except in case of flagrante delicto, the Prime Minister, Ministers, and Secretaries of State may be prosecuted or arrested for crimes or misdemeanors only upon accusation voted on, in secret ballot, by the National Assembly with a majority of three-fourth of its members.
 * 2) They shall be subject to the Court of Cassation which shall rule, all chambers assembled, as the first and final resort.
 * 3) They may be subjected to civil imprisonment only upon authorization by the National Assembly.

Article 39 [Functions]

 * 1) The President of the Republic shall be the Head of State. Through his arbitration he shall ensure the regular operation of higher level institutions of the Republic as well as the continuity of the State.
 * 2) He shall be the guarantor of national independence and unity, as well as territorial integrity.

Article 40 [Election, Term]

 * 1) The President of the Republic shall be elected by direct universal suffrage by an absolute majority of votes, according to the procedure prescribed by law.
 * 2) Candidates to the Presidency of the Republic must be at least thirty-five years of age.
 * 3) The President of the Republic shall be elected for a five year mandate.
 * 4) The President may be reelected. However, he may not exercise more than two successive mandates.
 * 5) The law shall determine the necessary means to be at the disposal of former Presidents of the Republic.

Article 41 [Oath]
Before taking office, the President of the Republic shall take an oath before the Constitutional Court and the National Assembly, in the following terms: "I, ..., in the name of God Almighty, do solemnly swear to the Nation to faithfully carry out the duties entrusted to me, to be faithful to the Republic of Rwanda, and to promote the interests of the people of Rwanda with all respect to the Constitution and the law."

Article 42 [Resignation, Replacement]

 * 1) The President of the Republic may resign; his resignation shall be accepted by the National Assembly.
 * 2) In the event of impediment or temporary incapacity to express his will, the President of the Republic shall be temporarily replaced by the President of the National Assembly.
 * 3) In the event of resignation, death, or when impediment or incapacity shall be declared definitive by the Constitutional Court consulted by the Government, the President of the Republic shall be replaced by the President of the National Assembly until the election of the new President of the Republic, which must take place within 90 days.
 * 4) In the cases mentioned in the above Paragraph, the Prime Minister, Ministers, and Secretaries of State shall be considered as resigning and shall assume, each in his own right, the carrying out of the present affairs until the new Government is formed.

Article 43 [Second Replacement]
In the event the President of the Republic and the President of the National Assembly happen to be simultaneously placed in one of the cases prescribed in Article 42, the duties of the President of the Republic shall be carried out by the Prime Minister in the conditions prescribed in the said article.

Article 44 [Functions]
The President of the Republic:
 * 1) shall appoint the Prime Minister and shall terminate his duties; upon the recommendation of the Prime Minister, he shall appoint the other members of the Government and shall terminate their duties;
 * 2) shall preside the Council of Ministers;
 * 3) shall make appointments to judicial positions as well as higher level civil and military posts established by law;
 * 4) shall appoint and accredit ambassadors and extraordinary envoys abroad and shall terminate their duties; ambassadors and extraordinary envoys shall be accredited to him;
 * 5) shall represent the Republic in his relations with foreign states;
 * 6) shall negotiate, conclude, and ratify all international treaties, conventions, and agreements, whether of public or private law, and send them to the National Assembly as soon as allowed by the State's interest and security. However,
 * peace treaties,
 * alliance treaties,
 * treaties that may bring modifications to the national territorial borders or affect sovereignty rights,
 * treaties concerning the Republic's relations with one or several other States, as well as
 * treaties, conventions, and agreements involving financial implications not anticipated in the budget,
 * shall be enforceable only following approval by law. The federation of the Republic of Rwanda with one or several other democratic States must be approved by means of a referendum;
 * 7. shall declare war and sign armistices upon authorization by the National Assembly;
 * 8. shall sanction and promulgate laws within 15 days after the constitutionality ruling;
 * 9. shall have the right to oppose a suspension veto to the laws passed by the National Assembly. When exercising this right, he must return the law to the National Assembly within 15 days for a second reading. If the law returned to the National Assembly within 15 days is passed after a second reading and is not subjected to a constitutionality ruling, it must be sanctioned and promulgated;
 * 10. shall give the orders necessary for the execution of laws, without ever being able to suspend the laws themselves or exempt them from execution;
 * 11. shall have the right to address messages to the Nation and, without causing debates, to the National Assembly;
 * 12. may suspend for a maximum of 15 days the work of the National Assembly; however no suspension may be repeated in the course of one session;
 * 13. shall exercise the right of pardon;
 * 14. shall have the right to coin money.

Article 45 [Commander-In-Chief]
The President of the Republic shall be the Supreme Chief of the Armed Forces.

Article 46 [Bound by Law, Indictment]
National Assembly, ruling by a majority of four-fifth of its members and by secret ballot.
 * 1) The President of the Republic shall attend to the observance of the Constitution.
 * 2) In case of violation of the Constitution by the President of the Republic, his indictment may only be decided upon by the
 * 1) If the case arises, the President of the Republic shall be subject to the Constitutional Court which alone shall be qualified to order his forced resignation.

Article 47 [Referendum]
The President of the Republic may, on the advice of the Government and the National Assembly, submit to a referendum any bill or any other matter.

Article 48 [Siege, Emergency, Danger]

 * 1) The President of the Republic may, when the situation requires it and after consultation with the Government, with the Constitutional Court and with the Bureau of the National Assembly, proclaim a state of siege or a state of emergency. States of siege and emergency are regulated by law.
 * 2) When the Republic's institutions, the Nation's independence or prime interests, territorial integrity, or the execution of its international commitments are threatened in a grave and imminent manner, and when the regular governmental services are interrupted, the President of the Republic shall take the measures required by these circumstances, after consultation with the Government, with the Bureau of the National Assembly, and with the Constitutional Court.

Article 49 [Countersignatures]
The actions of the President of the Republic shall be countersigned by the Prime Minister, as well as the responsible Ministers and Secretaries of State.

Article 50 [Power]

 * 1) The Government shall determine and conduct the Nation's policies.
 * 2) It shall have at its disposal the administration and the armed forces. It shall be accountable to the National Assembly according to the conditions and procedures prescribed in Articles 81 and 84.

Article 51 [Prime Minister]
The Prime Minister:
 * 1) shall present to the National Assembly the Government's program and the ministerial cabinet in charge of the execution thereof;
 * 2) shall direct the Government's action;
 * 3) shall determine assignments for Ministers and Secretaries of State and the nature and competence of the departments under their authority. Ministers and Secretaries of State shall receive authority from the Prime Minister for affairs relevant to their departments; the Prime Minister shall determine the extent of this authority;
 * 4) shall make appointments to civil and military posts, except for conflicting legal provisions or regulations;
 * 5) may replace the President of the Republic to preside a Council of Ministers by virtue of express authority and for a specific agenda;
 * 6) shall countersign laws adopted by the National Assembly and promulgated by the President of the Republic;
 * 7) shall execute laws and regulations by means of decrees when he is in charge thereof.

Article 52 [Countersignatures]
The Prime Minister's actions shall be countersigned by the Ministers in charge of their execution.

Article 53 [Ministers and Secretaries of State]
Ministers and Secretaries of State shall execute laws and regulations by means of decrees, when in charge thereof.

Article 54 [Accountability]
The Prime Minister, Ministers, and Secretaries of State shall be accountable to the President of the Republic; moreover they shall be accountable to the National Assembly within the conditions defined by this Constitution.

Article 55 [Mandatory Consultation]
Upon convocation and presided by the President of the Republic, the Council of Ministers obligatorily shall be consulted about:
 * bills of law and proposals of statutory orders;
 * proposals of presidential decrees carrying execution of laws or statutory orders;
 * proposals of presidential decrees relating to higher level government positions;
 * dissolution of the National Assembly.

Article 56 [Oath, Resignation]

 * 1) The Prime Minister, Ministers, and Secretaries of State shall show solidarity with the President of the Republic.
 * 2) Before taking office, the Prime Minister, Ministers, and Secretaries of State shall take an oath before the President of the Republic and the National Assembly, in the following terms: "I, ..., in the name of God Almighty, do swear to the Nation that I shall loyally carry out my duties, be faithful to the Republic of Rwanda and the Head of State, and promote the interests of the Rwandan people with all respect to the Constitution and the law."
 * 3) Resignation or termination of the Prime Minister's duties for whatever reason, shall bring about the resignation of the Government.
 * 4) Each Minister or Secretary of State may, of his own accord, tender his resignation to the President of the Republic; this resignation shall be definite only if it is not withdrawn or refused by the President of the Republic within eight days.

Article 57 [Power]
Legislative power shall be exercised collectively by the President of the Republic and the National Assembly.

Article 58 [Election]

 * 1) The National Assembly shall be composed of members designated as 'Deputies to the National Assembly.' Deputies shall be elected for a five year mandate by universal and direct suffrage.
 * 2) Deputies may resign from their mandate.
 * 3) No person may be a Deputy to the National Assembly unless he is a Rwandan citizen, at least 21 years of age, and is able to fulfill any other conditions prescribed by law.
 * 4) The law shall establish electoral conditions, regulations for incompatibility, the number of Deputies, as well as compensation and other material benefits pertaining to the duties of Deputies.

Article 59 [Independence]
Any required mandate shall be invalid; the Deputies' right to vote shall be personal.

Article 60 [Oath]

 * 1) At the beginning of each legislative session, the first meeting shall be dedicated to the swearing in of the Deputies and to the election of the Bureau of the National Assembly. It shall be presided by the President of the Republic.
 * 2) Before taking office, Deputies shall take an oath before the President of the Republic, in the following terms: "I, ..., in the name of God Almighty, do swear to the Nation that I shall loyally carry out my duties, be faithful to the Republic of Rwanda and the Head of State, and promote the interests of the Rwandan people with all respect to the Constitution and the law."
 * 3) The National Assembly shall form its Bureau by electing a President, two Vice-Presidents, and a Secretary.

Article 61 [Presidency]
The National Assembly shall be directed by its President and, in case of the latter's incapacity, by one of the Vice-Presidents.

Article 62 [Internal Order]
The National Assembly shall determine by internal order the regulation of its organization and the procedure according to which it shall carry out its assignments.

Article 63 [Sessions]

 * 1) The National Assembly shall hold, by right, each year two ordinary sessions and when required by circumstances, extraordinary sessions. Ordinary sessions shall respectively start the third Tuesday of the month of October and the third Tuesday of the month of April. However, for the first year of the legislature, the first ordinary session shall start, by right, 8 days after the legislative elections.
 * 2) The National Assembly shall be convened by its President. It may be convened as an extraordinary session upon the initiative of the President of the Republic, its President, the majority of its members, or upon the request of the Prime Minister. When meeting in extraordinary session, the National Assembly may only address matters that motivated its convening.

Article 64 [Place]

 * 1) The National Assembly shall meet in the Capital except in case of absolute necessity.
 * 2) Any deliberation, whatever its subject, held without convocation or agenda, or held outside the session period or outside the premises noted on the convocation act, shall by right be invalid.

Article 65 [Publicity, Minutes]

 * 1) The National Assembly meetings shall be public; records of the debates shall be made public.
 * 2) However, upon the request of the President of the Republic, its President, a third of its members, or the Prime Minister, the Assembly may decide by an absolute majority to meet in camera.

Article 66 [Indemnity, Immunity]

 * 1) Deputities may not be prosecuted or accused because of opinions or votes expressed by them in the exercise of their duties.
 * 2) Except in case of flagrante delicto, Deputies may be prosecuted or arrested for other acts, or be subject to civil imprisonment only by authorization from the National Assembly passed by secret ballot by a majority of three-fourths of its members.
 * 3) Prosecution or imprisonment resulting from flagrante delicto or from authorization from the National Assembly shall be suspended during the session period if required by the National Assembly by a majority of three-fourths of its members and by secret ballot, except in case of a definite conviction.
 * 4) Deputies shall be subject to the Court of Cassation which shall rule, all chambers assembled, as the first and final resort.

Article 67 [Dismissal]

 * 1) No Deputy shall be dismissed from office unless he is met with a cause for ineligibility.
 * 2) If the case arises, the dismissal shall be by right and it shall be certified by the Council of State at the request of the Bureau of the National Assembly or the Government.

Article 68 [Sleeping Mandate, Property]

 * 1) When a Deputy is appointed to the Government or any other public office and he accepts, he shall immediately cease his duties as a Deputy and shall be replaced by his substitute.
 * 2) He shall resume his duties as soon as the reasons for incompatibility have disappeared, and as long as the legislature to which he has been elected is still in session.
 * 3) No Deputy may take advantage of his office in order to acquire or dispose of a property of State, or exchange a personal property for a property of State.

Article 69 [Rule of Law]

 * 1) Leqislative power shall be exercised by means of laws.
 * 2) The law shall supremely intervene in any matter; in no case shall regulations contravene the provisions of the law.

Article 70 [Statutory Orders]

 * 1) In case of emergency or when the National Assembly is unable to meet, the President of the Republic shall temporarily legislate by means of statutory orders adopted in the Council of Ministers.
 * 2) Unless they are confirmed by the National Assembly in the course of the next closest session, statutory orders shall lose any mandatory effect.

Article 71 [Initiative]

 * 1) Initiative for laws shall belong to Deputies and the President of the Republic concurrently.
 * 2) Deputies and the President of the Republic have the right to amend them.

Article 72 [Spending Bills]
Bills and amendments formulated by Deputies and the adoption of which could bring about either a decrease of public resources or the creation or increase of public expenses, must be accompanied by a bill to augment revenue or savings of equal value.

Article 73 [Majorities]
positions; as a whole, a law shall be voted upon calling out names and answering verbally. Ballots shall be secret when mention is made of individuals and in the cases established by internal order regulations.
 * 1) Laws shall be passed by an absolute majority of Deputies to the National Assembly; laws to which the Constitution imparts the character of organic laws shall be passed by a majority of three-fifths. The provisions of an organic law may not be dispensed with by another law.
 * 2) No law may be adopted except after having been passed article by article.
 * 3) Votes shall be expressed verbally or by sitting and standing

Article 74 [Urgent Examination]

 * 1) Urgent examination of a proposal or bill may be requested by a Deputy or by the President of the Republic.
 * 2) When it is requested hy a Deputy, the National Assembly shall decide upon the urgency.
 * 3) When it is requested by the President of the Republic, it shall always be granted.
 * 4) In all cases when emergency is granted, the examination of the law in question shall have priority over the agenda.

Article 75 [Constitutional Court Ruling]

 * 1) Before promulgation, laws and statutory orders must be sent to the Constitutional Court which shall give a ruling on their constitutionality within eight days or, in case of emergency, within four days.
 * 2) If the Court gives a ruling of incompatibility, it shall return the text to the National Assembly or the President of the Republic as the case may be.

Article 76 [Financial Laws]

 * 1) The National Assembly shall vote upon the financial laws which establish the resources and expenses of the State within the conditions prescribed by an organic law.
 * 2) Any budgetary transfer must be authorized by law.

Article 77 [Budget]

 * 1) Each year, the National Assembly shall rule on the financial accounts and pass a balanced budget, a bill for which shall be filed before the opening of the first ordinary session.
 * 2) If it has not been passed within forty days after the opening of the first ordinary session, or if it has not been passed as balanced, the budget bill shall be adopted by means of a statutory order at the latest on 31 Jan of the year of its execution.
 * 3) If the budget bill for a specific fiscal year has not been presented on time to be passed and promulgated before the opening of that fiscal year, the Prime Minister, upon authorization from the National Assembly, shall propose by presidential decree, deliberated upon in the Council of Ministers, the opening of the provisional twelfths of the budget based upon the budget of the previous fiscal year.
 * 4) The same presidential decree shall authorize the collection of revenue in accordance with the law by which it is regulated. Thus shall it be each month until the adoption of the budget.

Article 78 [Tax Laws, Monopoly]

 * 1) No taxation may be established, modified, or abolished except by law; no exemption or reduction may be granted except in the cases prescribed by law.
 * 2) No monopoly may be granted except by law and for a specific duration.

Article 79 [Authentic Interpretation]
Authentic interpretation of the laws shall be the prerogative of the legislative power.

Article 80 [Information, Participation]
Assembly and its committees.
 * 1) The President of the Republic and the Prime Minister must be informed of the agenda for the meetings of the National
 * 1) The Prime Minister, Ministers, and Secretaries of State may, if they so desire, attend the National Assembly meetings; they shall speak whenever they wish; if need be, they may be accompanied by technicians of their choice.

Article 81 [Control]

 * 1) The National Assembly's means of information and control with regard to governmental action shall be:
 * oral questions;
 * written questions;
 * committee hearings;
 * committees of inquiry;
 * interpellations.
 * 2. Conditions and application procedures thereof shall be prescribed by law.

Article 82 [Motion of Censure]

 * 1) The National Assembly may call into question the responsibility of the Government, as well as of any Minister or Secretary of State, by passing a motion of censure.
 * 2) Such a motion shall be admissible only after interpellation and only if signed by at least one-fifth of the National Assembly members in the case of a Minister or Secretary of State, and by one-third in the case of the Government.
 * 3) Voting may only take place at least 48 hours after the motion is registered, and the latter may be adopted only by secret ballot and by an absolute majority of Deputies.
 * 4) The closing of ordinary or extraordinary sessions shall be by right delayed in order to allow the application of the provisions of the present article if necessary.

Article 83 [Vote of No Confidence]

 * 1) When a motion of censure is adopted against a Minister or Secretary of State, the latter shall be required to tender his resignation to the President of the Republic.
 * 2) When this motion is adopted against the Government, the Prime Minister shall tender the resignation of the latter to the President of the Republic.
 * 3) If the motion of censure is rejected, the signatories may not present a new one in the course of the same session.

Article 84 [Revenue Court]

 * 1) The Revenue Court shall be in charge of examining, liquidating, and settling accounts for all public services.
 * 2) It shall submit to the National Assembly a report on the regular performance of the general accounts of the State.
 * 3) The Revenue Court shall be organized by an organic law.

Article 85 [Dissolution]

 * 1) The President of the Republic may, after consultation with the Council of Ministers and the Bureau of the Nation Assembly, order the dissolution of the National Assembly. However, in the course of his mandate, he may not order a second dissolution without this action bringing about his own resignation.
 * 2) Elections to the legislature shall take place within 90 days in accordance with Article 58. If need be, the election to the Presidency of the Republic shall take place within 90 days in accordance with Article 40.
 * 3) The National Assembly may not be dissolved in the course of the exercise of the exceptional powers mentioned in Article 48.

Article 86 [Independence]

 * 1) Judicial power shall be exercised by courts, tribunals, and other jurisdictions; it shall be independent from the legislative and executive powers.
 * 2) ) The President of the Republic shall guarantee the independence of the judicial power.
 * 3) Justice shall be dispensed in the name of the people.

Article 87 [Magistrates]

 * 1) Magistrates shall be appointed and dismissed by the President of the Republic on the proposal of the Minister of Justice and upon conforming advice from the Supreme Council of Magistrates.
 * 2) The Supreme Council of Magistrates shall be composed of magistrates elected by their peers according to procedures prescribed by an organic law. The Minister of Justice shall be a member by right.
 * 3) During the first session presided by the President of the Republic, the Supreme Council of Magistrates shall elect in its midst its President, Vice-President, and Secretary.
 * 4) An organic law shall establish regulations for competence, organization, and operation of the Supreme Council of Magistrates.

Article 88 [Court Hierarchy]

 * 1) Juridictions of the following order shall be recognized and sanctioned by this Constitution:
 * canton courts,
 * courts of the first instance,
 * courts of appeal, and


 * the Court of Cassation.
 * 2. Except when prescribed by law, the Court of Cassation shall not have cognizance of the substance of the cases.

Article 89 [Council of State]

 * 1) When consulted, the Council of State shall be competent to express a justified opinion about the text of any law proposal, bill, or amendment to this proposal or bill, any statutory order proposal, as well as any proposal of execution order. It may propose drafting modifications as judged necessary.
 * 2) The Council of State shall have cognizance of appeals for invalidation against regulations, orders, and decisions of the administrative authorities; it shall control the regular operation of popular consultations.
 * 3) The Council of State shall be organized by an organic law.
 * 4) Lower administrative juridictions shall be created and organized by an organic law.

Article 90 [Constitutional Court]
The Constitutional Court, composed of the Court of Cassation and the Council of State assembled, shall be in charge of controlling the constitutionality of laws and statutory orders; it alone shall be competent to order the forced resignation of the President of the Republic in the conditions prescribed by Article 46.

Article 91 [Organic Law Establishment]

 * 1) No other jurisdiction may be established except by an organic law.
 * 2) The organization and competence of any juridiction shall be defined by an organic law.

Article 92 [Constitutional Judge]
No one may be removed against his will from the judge assigned to him by law. Article 93 [Publicity] Jurisdiction hearings shall be public, except for in camera cases ordered by a judgement when publicity may endanger public order or morals.

Article 94 [Public Rulings]
Any judgement or ruling shall be justified and pronounced in a public hearing.

Article 95 [Constitutionality]
Jurisdictions shall apply orders and other regulations as long as they are in accordance with the Constitution and the law.

Article 96 [Amendments]

 * 1) Initiative for revision of the Constitution shall belong to the President of the Republic and the National Assembly concurrently.
 * 2) No revision bill or proposal may be taken into consideration if it infringes upon the republican form of government, national territorial integrity, or democratic principles ruling the Republic.
 * 3) Any revision proposal by the National Assembly must be presented by at least two-thirds of its members.
 * 4) Any revision must be adopted by a majority of three-fourths of the members of the National Assembly.

Article 97 [Promulgation Effects]

 * 1) Laws and regulations may not take effect unless they have previously been published within the conditions established by law.
 * 2) No one should be ignorant of regularly published laws.

Article 98 [Applicable Old Law]

 * 1) Starting from the promulgation date of this Constitution, any legislation which is not constrained by it, shall remain applicable inasmuch as it is not modified, repealed or replaced by the new laws or regulations.
 * 2) Custom shall remain applicable inasmuch as it was not replaced by laws or is not contrary to the Constitution, laws, regulations, public order or morals.

Article 99 [Oaths]
Without prejudice to provisions in Articles 41, 56 and 60, no oath may be imposed except by a law which shall establish the wording and the procedure for taking this oath.

Article 100 [Foreigners]
Any foreigner shall enjoy the protection granted to persons and property, as well as the civil rights recognized by this Constitution, except in cases prescribed by law.

Article 101 [Continuation of Offices]

 * 1) The President of the Republic and the Deputies to the National Council for Development presently in office will continue to exercise their duties until the next presidential and legislative elections.
 * 2) The dates for these elections will be determined by the President of the Republic.

Article 102 [Old Constitution]

 * 1) This Constitution shall revise and replace the Constitution of 20 Dec 1978.
 * 2) It will take effect on the date of its promulgation by the President of the Republic.

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<!-- INICIO Article 3 The territory of Rwanda is divided into Provinces, Districts, Cities, Municipalities, Towns, Sectors and Cells. 3 The law determines the number, boundaries, organization and functioning of Province s, Cities, Municipalities, Towns and Districts. Article 4 The Capital of the Republic of Rwanda is the City of Kigali. The law determines the organization, functioning and operation of the City of Kigali. The Capital can by law be transferred elsewh ere within Rwanda. Article 5 The national language is Kinyarwanda. The official languages are Kinyarwanda, French and English. Article 6 The national symbols of Rwanda are the flag, the motto, the seal and the national anthem. The national flag is ma de up of three colours : green, yellow and blue. The flag comprises the following colours from the bottom to the top : a green strip, followed by a yellow strip both of which cover half the flag. The upper half is blue and bears on its right hand side the image of the sun with its rays of golden yellow. The sun and its rays are separated by a blue ring. The law determines the characteristics, significance, usage and ceremonials of the national flag. The motto of the Republic is : UNITY, WORK, PATRIOTISM . The Seal of the Republic is made up of a circular green rope with a green knot at the base, bearing on its upper part, the imprints « REPUBULIKA Y'U RWANDA ». At the bottom of the knot is the motto of the Republic : « UBUMWE, UMURIMO, GUKUNDA IGIHUGU » . All these inscriptions are in black against a yellow background. The Seal of the Republic also bears the following ideograms : the sun with its rays, a stem of sorghum and a branch of a coffee tree, a basket, a blue wheel with teeth and two shields one on the right and one on the left. The characteristics, significance, usage and protection of the Seal are determined by law. The national anthem is "RWANDA NZIZA". The characteristics and ceremonies of the National Anthem are determined by law. Arti cle 7 Every person has a right to n ationality. Dual nationality is permitted. 4 No person may be deprived of Rwandan nationality of origin. No person shall be arbitrarily deprived of his or her nationality or of the right to change nationality. Rwandan s or their descendants who were deprived of their nationality between 1st November 1959 and 31 December 1994 by reason of acquisition of foreign nationalities automatically reacquire Rwandan nationality if they return to settle in Rwanda. All persons ori ginating from Rwanda and their descendants shall, upon their request, be entitled to Rwandan nationality. The conditions of acquisition, retention, enjoyment and deprivation of Rwandan nationality are determined by an organic law. Article 8 Suffrage is universal and equal for all citizens. Suffrage is direct or indirect and secret, unless the Constitution or another law provides otherwise. All Rwandan citizens of both sexes who fulfil the requirements provided for by the law have the right to vote and to be elected. The law determines the conditions and modalities for the conduct of elections. CHAPTER II : FUNDAMENTAL PRINCIPLES Article 9 The State of Rwanda commits itself to conform to the following fundamental principles and to promote and enforc e the respect thereof: 1° fighting the ideology of genocide and all its manifestations; 2° eradication of ethnic, regional and other divisions and promotion of national unity; 3° equitable sharing of power; 4° building a state governed by the rule of law, a pluralis tic democratic government, equality of all Rwandans and between women and men reflected by ensuring that women are granted at least thirty per cent of posts in decision making organs; 5° building a State committed to promoting social welfare and establishing appropriate mechanisms for ensuring social justice; 6° the constant quest for solutions through dialogue and consensus . 5 TITLE II FUNDAMENTAL HUMAN RIGHTS AND THE RIGHTS AND DUTIES OF THE CITIZEN CHAPTER ONE : FUNDAMENTAL HUMAN RIGHTS Article 10 The human person is sacred and inviolable. The State and all public administration organs have the absolute obligation to respect, protect and defend him or her. Article 11 All Rwandans are born and remain free and equal in rights and duties. Discr imination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discriminatio n is prohibited and punishable by law. Article 12 Every person has the right to life. No person shall be arbitrarily deprived of life. Article 13 The crime of genocide, crimes against humanity and war crimes do not have a period of limitation. Revi sionism, negationism and trivialisation of genocide are punishable by the law. Article 14 The State shall, within the limits of its capacity, take special measures for the welfare of the survivors of genocide who were rendered destitute by the genocide c ommitted in Rwanda from October 1 st , 1990 to December 31 st , 1994, the disabled, the indigent and the elderly as well as other vulnerable groups. Article 15 Every person has the right to physical and mental integrity. No person shall be subjected to tor ture, physical abuse or cruel, inhuman or degrading treatment. 10 Trade unions and employers’ associations have the right to enter into general or specific agreements regulatin g their working relations. The modalities for making these agreements are determined by law. Article 39 The right of workers' to strike is permitted and shall be exercised within the limits provided for by the law, but the exercising of this right shou ld not interfere with the freedom to work which is guaranteed for every individual. Article 40 Every person has the right to education. Freedom of learning and teaching shall be guaranteed in accordance with conditions determined by law. Primary educ ation is compulsory. It is free in public schools. The conditions for free primary education in schools subsidised by the Government are determined by an organic law. The State has the duty to take special measures to facilitate the education of disabled people. An organic law determines the organization of Education. Article 41 All citizens have the right and duties relating to health. The State has the duty of mobilizing the population for activities aimed at promoting good health and to assist in the implementation of these activities . Article 42 Every foreigner legally residing in the Republic of Rwanda shall enjoy all rights save those reserved for nationals as determined under this Constitution and other laws. Article 43 In the exercise of r ights and enjoyment of freedoms, every person shall only be subjected to the limitations set by the law in order to ensure the recognition and respect of others’ rights and freedoms, good morals, public order and social welfare which characterize a democra tic society. Article 44 The judiciary as the guardian of rights and freedoms of the public ensures respect thereof in accordance with procedures determined by law. 26 resolving election disputes and declaration of results and the time within which the results shall be declared and other matters which are necessary to ensure that elections are conducted well and held in transparency. Article 104 Without prejudice to provisions of Article 196 of this Constitution, before assuming the duties of office, the President of the Repub lic shall take the oath of office before the President of the Supreme Court in the presence of both Chambers of Parliament in these words: « I,............................... solemnly swear to the Nation that I shall: 1° diligently fulfil the responsibilities entrusted to me 2° remain loyal to the Republic of Rwanda 3° observe and defend the Constitution and the other laws; 4° preserve peace, territorial integrity and consolidate national unity; 5° conscientiously fulfil my duties without any discrimination; 6° never use the power s conferred upon me for personal ends; 7° guarantee the respect of the freedoms and fundamental rights of the human being and safeguard the interests of the Rwandan people. Should I fail to honour this oath, may I face the rigours of law. So help me God . » Article 105 The incumbent President of the Republic remains in office until his or her successor assumes office. However, the incumbent President may not, during this period, exercise the following powers 1° declaration of war; 2° declaration of a state of emergency or a state of siege; 3° calling a referendum. In addition, the Constitution shall not be amended during this period. In the event that the duly elected President of the Republic dies or is on account of any reason permanently unable or otherwis e chooses not to assume office, new elections are held. Article 106 The office of the President of the Republic is incompatible with the holding of any other elective public office, public function or any other civilian or military employment or professi onal activities. 27 Article 107 In the event of the death, resignation or permanent incapacity of the President of the Republic, the President is replaced in an acting capacity by the President of the Senate; in the absence of the President of the Sena te, by the Speaker of the Chamber of Deputies and in the absence of both, the duties of the President are assumed in an acting capacity by the Prime Minister. The acting President of the Republic referred to in this article shall not make appointments to public office, call a referendum, initiate an amendment to the Constitution, excercise the prerogative of mercy or make a declaration of war. In the event that the office of the President of the Republic becomes vacant before the expiry of the President ’s term, elections to replace him or her are organized within a period not exceeding ninety days. In the case of the President of the Republic being out of the country, sick or temporarily unable to perform his or her duties, his or her duties are assumed by the Prime Minister. Article 108 The President of the Republic promulgates laws within fifteen days from the day on which the laws are delivered to the Cabinet. However, the President of the Republic may before promulgation of laws request Parliame nt to reconsider them. In such a case, should Parliament adopt the laws by, in the case of ordinary laws, a majority of two thirds and in the case of the organic laws, a majority of three - quarters, the President of the Republic must promulgate the laws w ithin the period referred to in paragraph one of this article. Article 109 Upon the proposal of the Cabinet and after receiving an advisory opinion of the Supreme Court, the President of the Republic may call a referendum on issues of general national i nterest, on a bill of an ordinary law, on a bill of an organic law or decree relating to the signature of an international treaty or agreement which is not inconsistent with the Constitution but has repercussions on functioning of state institutions. Shou ld the referendum adopt the proposal, the President of the Republic promulgates it within a period of eight days as from the time of proclamation of the results of the referendum. Article 110 The President of the Republic is the Commander - in - Chief of the Rwanda Defence Forces. He or she declares war in accordance with the provisions of Article 136 of this Constitution. 42 The Mediators shall record minutes of the t erms of the proposed settlement of the case referred to them. Such minutes bear the signature of both the mediators and seal of the institution of mediators. The parties to the dispute are provided with a copy of the minutes. Any party to the dispute who is dissatisfied with the settlement may refer the matter to the Courts of law. Such matter shall not be admissible by the court of first instance without prior production of the minutes of the settlement proposal of the mediators. . An organic law shall de termine the organization, powers and functioning of Mediation Committee. TITLE V PUBLIC PROSECUTION CHAPTER ONE : PARQUET GENERAL OF THE REPUBLIC Article 160 There is hereby established a National Prosecution Service known as the Parquet Général of the Republic responsible inter alia, for the investigation and prosecution of crimes committed in Rwanda. The prosecution service shall enjoy administrative and financial autonomy. Article 161 The prosecution service shall comprise the office of the Pro secutor General of the Republic and an office at the level of the Province and the City of Kigali. The Office of the Prosecutor General shall comprise the Prosecutor General, the Deputy Prosecutor General and Prosecutors with jurisdiction over the whole country. The prosecution service in each Province and City of Kigali shall comprise of the Provincial Prosecutor and the Prosecutor of Kigali City as well as other prosecutors who assist them. The Prosecutor General of the Republic shall direct and coor dinate the activities of the prosecution service. With the assistance of the prosecutors in his or her office, he or she shall be responsible for prosecutions before the Supreme Court and the High Court of the Republic in accordance with provisions of the law. He or she shall be represented in each province and the City of Kigali by a Provincial or the City of Kigali Prosecutor who assisted by other prosecutors under them, shall be responsible for prosecutions before the Provincial and the City of Kigali c ourts. The Prosecutor General of the Republic may give written instructions to any Prosecutor. However, he or she has no power to give instructions to a Prosecutor at the Province and 43 City of Kigali levels to refrain from prosecuting any person and to def er the matter to himself or herself. Article 162 The prosecution service shall be under the authority of the Minister having Justice in his or her functions. In matters relating to the prosecution of offences, the Minister having Justice in his or he r functions shall determine general policy and may, in public interest, issue written instructions to the Prosecutor General to undertake or refrain from investigations and prosecution of an offence. He or she may also, in cases of urgency and in public interest, issue written instructions to any prosecutor to investigate and prosecute or refrain from investigating and prosecuting an offence and inform the Prosecutor General of the Republic of such instructions. Prosecutors shall be independent from part ies to judicial proceedings and judges. An organic law shall determine the organization, powers and functioning of the Prosecution service and shall also institute laws governing the status of prosecutors and other personnel of the prosecution service. CHAPTER II : MILITARY PROSECUTION DEPARTMENT Article 163 There is hereby established the Military Prosecution Department responsible for the prosecution of offences committed by persons subject to the jurisdiction of military courts. It investigates and prosecutes offences before military courts. Article 164 The Military Prosecution Department is headed by the Military Prosecutor General assisted by the Deputy Military Prosecutor General. An organic law determines the organization, powers and functio ning of the military prosecution department. CHAPTER III : THE SUPREME COUNCIL OF THE PROSECUTION Article 165 There is hereby instituted the Supreme Council of the Prosecution Service. The Supreme Council of the Prosecution comprises of the following members : 1° the Minister of Justice, who is the Chairperson as of right; 2° the Prosecutor General of the Republic; 3° the Deputy Prosecutor General of the Republic; 4° A National Prosecutor elected by his or her peers; 44 5° the Commissioner General of National Police; 6° the President of the National Commission of Human Rights; 7° the Military Prosecutor General and his or her deputy; 8° prosecutors from each province and City of Kigali elected by and representing their peers at the Provincial and the City of Kigali level; 9° two d eans of the Faculties of Law of recognised universities elected by their peers; 10° the President of the Bar Association; 11° the Ombudsman. An organic law shall determine the organization, powers and functioning of the Supreme Council of the Prosecution Service . Article 166 The Prosecutor General of the Republic and the Deputy Prosecutor General of the Republic shall take the oath of office before the President of the Republic in the presence of the Members of Parliament. Other prosecutors shall take oath bef ore the authorities specified by the law. TITLE VI : THE DECENTRALISED AUTHORITIES . CHAPTER ONE : GENERAL PROVISIONS Article 167 Public administration shall be decentralized in accordance with the provisions of the law. Decentralized organs shall fall under the Ministry having local government in its functions. Districts, Municipalities, Towns and the City of Kigali are decentralized entities with legal status and administrative and financial autonomy and are the foundation of community developmen t. They shall be entitled to become members of national and international organisations which promote development through decentralisation. A law determines the establishment, boundaries, functioning of and collaboration between these organs and various other organs which have a role in the administration and development of the country. A law shall also determine the manner in which the Government transfers powers property and other resources to decentralized entities . 45 CHAPTER II : THE NATIONAL DIAL OGUE COUNCIL Article 168 There is hereby established a “National Council of Dialogue”. It shall bring together the President of the Republic and 5 representatives of each District, Municipality and Town Council designated by their peers. It shall be chai red by the President of the Republic and be attended by members of the Cabinet and Parliament, the Prefets of provinces and the Mayor of the City of Kigali and such others as may be determined by the President of the Republic. The Council shall meet at le ast once a year. It shall debate, among others, on issues relating to the state of the Nation, the state of local governments and national unity. Resolutions of the Council are submitted to the concerned state institutions to enable them to improve their services to the population . TITLE VII NATIONAL DEFENCE AND SECURITY Article 169 The State has the following security organs : 1° The National Police; 2° The National Security Service; 3° The Rwanda Defence Forces. A law may determine other security organs. CHAPTER ONE : THE NATIONAL POLICE Article 170 The National Police exercises its authority over the entire national territory. It must serve the people particularly on the basis of the following principles : 1° safeguarding the fundamental rights guarantee d by the Constitution and the law 2° harmonious collaboration between the National Police and the community which it serves 3° the accountability of the National Police to the community 4° informing the population on how the Police is fulfilling its mission. Article 171 The National Police has the following functions : 1° ensuring compliance with the law ; 2° maintenance of internal public order ; 48 4° carrying out research, organizing debates, disseminating ideas and making publications relating to peace, national unity and reconciliation; 5° making proposals on measures that can eradicate divis ions among Rwandans and to reinforce national unity and reconciliation; 6° denouncing and fighting against acts, writings and utterances which are intended to promote any kind of discrimination, intolerance or xenophobia; 7° making an annual report and such othe r reports as may be necessary on the situation of national unity and reconciliation. The National Unity and Reconciliation Commission shall submit each year its program and activity report to the President of the Republic and the Senate and provide a copy thereof to such other State organs as may be determined by law. An organic law shall determine the organization and functioning of the Commission. CHAPTER IV : THE NATIONAL COMMISSION FOR THE FIGHT AGAINST GENOCIDE Article 179 The National Commission For the Fight Against Genocide shall be in an independent national organ. Its responsibilities include the following : 1° to organize a permanent framework for the exchange of ideas on genocide, its consequences and the strategies for its prevention and erad ication; 2° to initiate the creation of a national research and documentation centre on genocide; 3° to advocate for the cause of genocide survivors both within the country and abroad; 4° to plan and coordinate all activities aimed at commemoration of the 1994 geno cide; 5° to liaise with other national and international institutions with a similar mission; The National Commission For the Fight Against Genocide submits, each year, its program and activity report to the Parliament and provides copies thereof to other St ate organs determined by law. The law shall determine the organization and functioning of the Commission. CHAPTER V : THE NATIONAL ELECTORAL COMMISSION Article 180 The National Electoral Commission is an independent commission responsible for the prep aration and the organization of local, legislative, presidential and referendum or such other elections the responsibility for the organization of which the law may vest in the Commission. It ensures that elections are free and fair. The National Electo ral Commission submits each year its program and activity report to the Parliament and submits copies thereof to such other State organs determined by law. A law determines the organization and functioning of the commission. 49 CHAPTER VI : THE PUBLIC SERV ICE COMMISSION Article 181 The Public Service Commission shall be an independent public institution. Its responsibilities shall include the following: 1° the recruitment and appointment of public servants in Central Government and other public institutions 2° the submission of names of candidates to the institutions concerned for employment, appointment and promotion of candidates who fulfil all the required conditions and have the most suitable qualifications for the job for which they have applied, taking i nto account the record of their conduct; 3° the establishment of an appropriate system of recruitment of candidates which is objective, impartial, transparent and equitable for all ; 4° carrying out research on the laws, regulations, human resource requirements, the terms of reference of posts and any other matters relating to the management and development of human resources and advise the Government accordingly; 5° submitting to the organs concerned proposals on appropriate disciplinary actions against employees in accordance with the law in force; 6° providing technical assistance to State organs and public enterprises governed by special statutes using the expertise which it has by virtue of its functions referred to in this article. The management and personnel o f the Commission are prohibited from seeking or accepting instructions from private persons or public officials from outside the Commission . The Public Service Commission submits each year its program and activity report to the Parliament and Cabinet and provides copies thereof to other State organs determined by law. The law shall determine the organization and functioning of the Commission. CHAPTER VII : THE OFFICE OF THE OMBUDSMAN Article 182 The Office of the Ombudsman shall be an independent publi c institution. Its responsibilities shall include the following: 1° acting as a link between the citizen and public and private institutions ; 2° preventing and fighting against injustice, corruption and other related offences in public and private administr ation; 3° receiving and examining, in the aforementioned context, complaints from individuals and independent associations against the acts of public officials or organs, and private institutions and to mobilise these officials and institutions in order to fi nd solutions to such complaints if they are well founded. The Office shall not involve itself in the investigation or adjudication relating to matters which are subjudice except that it may submit to the courts or the prosecution service the 50 complaints wh ich it has received, in which case those organs are required to respond to the office. 4° receiving the faithful declaration of assets of the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court, the Prime Minister and other members of the Cabinet upon taking up and on leaving office. The Office of Ombudsman shall submit each year its program and activity report to the President of the Republic and to Parliament and submit copies t hereof to other State organs determined by law. The law shall determine the organization and functioning of the Office. CHAPTER VIII : THE OFFICE OF THE AUDITOR - GENERAL OF STATE FINANCES Article 183 The Office of the Auditor General of State Finances i s an independent national institution responsible for the audit of state finances. It is vested with legal personality and has financial and administrative autonomy. The office is headed by the Auditor General assisted by a Deputy Auditor General and oth er necessary personnel. The responsibilities of the Office includes the following : 1° auditing objectively whether revenues and expenditures of the State as well as local government organs, public enterprises and parastatal organizations, privatised state enterprises, joint enterprises in which the State is participating and government project were in accordance with the laws and regulations in force and in conformity with the prescribed justifications; 2° auditing the finances of the institutions referred to above and particularly verifying whether the expenditures were in conformity with the law and sound management and whether they were necessary; 3° carrying out all audits of accounts, management, portfolio and strategies which were applied in institutions me ntioned above. No person shall be permitted to interfere in the functioning of the Office or to give instructions to its personnel or to cause them to change their methods of work. Article 184 Without prejudice to the provisions of Article 79 of this Co nstitution, the Auditor - General shall submit each year to each Chamber of Parliament, prior to the commencement of the session devoted to the examination of the budget of the following year, a complete report on the implementation of the State budget of th e previous year. This report must indicate the manner in which the budget was utilized, unnecessary expenses which were incurred or expenses which were contrary to the law and whether there was misappropriation or general squandering of public funds . 51 A co py of the report shall be submitted to the President of the Republic, Cabinet, President of the Supreme Court and the Prosecutor General of the Republic. The Parliament may instruct the Office of the Auditor General to carry out a financial audit of any i nstitution of the State or with regard to the use of funds provided by the State. The institutions and public officials to which the report of the Auditor General is addressed are obliged to implement its recommendations by taking appropriate measures in respect of the irregularities and other shortcomings which were disclosed. The law determines the organization and functioning of the Office of the Auditor General of State Finances. CHAPTER IX : THE "GENDER" MONITORING OFFICE Article 185 A Gender Moni toring Office is hereby established. The Gender Monitoring Office shall be an independent public institution whose responsibilities include the following : 1° to monitor and supervise on a permanent basis compliance with gender indicators of the programme f or ensuring gender equality and complementality in the context of the vision of sustainable development and to serve as a reference point on matters relating to gender equality and non discrimination for equal opportunity and fairness; 2° to submit to various organs recommendations relating to the program for the promotion of gender equality and complementality for national development. The gender Monitoring Office shall submit each year its program and activity report to the Cabinet and submits copies thereo f to other State organs determined by law. The law shall determine its functions, organization and operation. CHAPTER X : CHANCELLERY FOR HEROS AND NATIONAL ORDERS Article 186 There is hereby established a Chancellery for Heros and National Orders. A law shall determine its functions, organization and operation . TITLE IX NATIONAL COUNCILS CHAPTER ONE : NATIONAL COUNCIL OF WOMEN Article 187 There is hereby established a National Council of Women. 52 The law shall determine its organization, functi ons, operation and its relations with other State organs. CHAPTER II : THE NATIONAL YOUTH COUNCIL Article 188 There is hereby established a National Youth Council. A law shall determine its organization, functions, operation and its relations with ot her state organs. TITLE X INTERNATIONAL TREATIES AND AGREEMENTS Article 189 The President of the Republic negotiates international treaties and agreements and ratifies them. The Parliament is notified of such treaties and agreements following their co nclusion. However, peace treaties and treaties or agreements relating to commerce and international organizations and those which commit state finances, modify provisions of laws already adopted by Parliament or relate to the status of persons, can only be ratified after authorisation by Parliament. It is not permitted to cede or exchange part of the territory of Rwanda or to join to Rwanda part of another country without the consent of the people by referendum. The President of the Republic and Parlia ment shall be notified of all negotiations relating to treaties and international agreements which are not subject to ratification by the President of the Republic. Article 190 Upon their publication in the official gazette, international treaties and ag reements which have been conclusively adopted in accordance with the provisions of law shall be more binding than organic laws and ordinary laws except in the case of non compliance by one of parties . Article 191 It is prohibited to make international ag reements permitting foreign military bases on the national territory. It is prohibited to make international agreements permitting the transit or dumping of toxic waste and other hazardous materials capable of endangering public health and the environment . 53 Article 192 In the event that the Supreme Court, upon request by the organs referred to in article 145 paragraph 4° of this Constitution, rules that an international treaty contains provisions which are inconsistent with the Constitution, the authoris ation to ratify the treaty or agreement cannot be granted until the Constitution is amended. TITLE XI AMENDMENT OF THE CONSTITUTION Article 193 The power to initiate amendment of the Constitution is vested concurrently in the President of the Republi c upon the proposal of the Cabinet and each Chamber of Parliament upon a resolution passed by a two thirds majority vote of its members. The passage of a constitutional amendment requires a three quarters majority vote of the members of each chamber of Pa rliament. However, if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, or the constitutional regime established by this Constitution especially the republ ican form of the government or national sovereignty, the amendment must be passed by referendum, after adoption by each Chamber of Parliament. No amendment to this article is permitted. TITRE XII FINAL AND TRANSITIONAL PROVISIONS CHAPTER ONE : TRANS ITIONAL PROVISIONS Article 194 The referendum on the adoption and promulgation of this Constitution shall take place before July 19, 2003. The promulgation shall mark the end of the transition period. Article 195 The institutions provided for by the Fu ndamental Law of the Transitional Period remain in force until the establishment of the corresponding institutions provided for in this Constitution. However, the President of the Republic shall dissolve the National Transitional Assembly at least one mont h prior to the holding of elections for members of the Chamber of Deputies. 54 The Transitional National Assembly shall not amend this Constitution. Article 196 Presidential and parliamentary elections must be held not later than six months after the refer endum on this Constitution. The elected President of the Republic shall be sworn in no later than one month after his or her election. His or her oath of office shall be administered by the President of the Supreme Court. Article 197 Members of the Sena te shall be sworn in not later than two months after the swearing in of the President of the Republic. However, during the first term of the Senate, one half of Senators referred to in Article 82, 2° and 82, 3° shall be appointed at the very start of the term and the other half shall be appointed after one year for a term of office of eight years. Members of the Chamber of Deputies shall be sworn in not later than fifteen (15) days after their election. Article 198 The appointment of the Prime Minister shall be made not later than fifteen days following the swearing in of the members of the Chamber of Deputies. The Cabinet shall be set up not later than fifteen days (15) following the swearing in of the Prime Minister . Article 199 The President, Vice - President of the Supreme Court, the Prosecutor General of the Republic and the Deputy Prosecutor General of the Republic shall be elected by the Senate not later than two months after it is formed. CHAPTER II : FINAL PROVISIONS Article 200 The Constitu tion is the supreme law of the State. Any law which is contrary to this Constitution is null and void. Article 201 Laws and regulations can only enter into force after they have been duly published in accordance with the procedures determined by the la w. Ignorance of a law which has been duly published is not a defence. 55 Unwritten customary law remains applicable as long as it has not been replaced by written laws, is not inconsistent with the Constitution, laws and regulations, and does not violate hu man rights, prejudice public order or offend public decency and morals. Article 202 This Constitution abrogates and replaces the Fundamental Law of the Republic of Rwanda governing the transitional period as amended to date. All legislation in force sha ll remain applicable as long as its provisions are not contrary to this Constitution. Article 203 This Constitution, adopted by referendum of............2003 comes into force on the date of its promulgation by the President of the Republic and is duly published in the Official Gazette of the Republic of Rwanda. Kigali, on ............. The President of the Republic KAGAME Paul The Prime Minister MAKUZA Bernard Seen and sealed with the Seal of the Republic The Minister of Justice and Institutional Relations M UCYO Jean de Dieu FIM-->