N° 09/2007 of 16/02/2007
Law on the attributions, organisation and functioning of the National Commission for the Fight Against Genocide…………………………………………………………………………………...
N° 11/2007 of 16/03/2007
Organic Law concerning transfer of cases to the Republic of Rwanda from the International Criminal Tribunal for Rwanda and from other States………………….…………...………………
LAW N° 09/2007 OF 16/02/2007 ON THE ATTRIBUTIONS, ORGANISATION AND FUNCTIONING OF THE NATIONAL COMMISSION FOR THE FIGHT AGAINST GENOCIDE
We, KAGAME Paul,
President of the Republic;
THE PARLIAMENT HAS ADOPTED, AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA.
THE PARLIAMENT:
The Chamber of Deputies, in its session of January 8, 2007 ;
The Senate, in its session of December 15, 2006;
Given the Constitution of the Republic of Rwanda of June 4, 2003, as amended to date, especially in its Articles 9, 13, 14, 62, 66, 67, 88, 89, 90, 92, 93, 95, 108, 118, 176, 179, and 201;
Given Law n°22/2002 of 09 July 2002 on General Statutes for Rwanda Public Service, especially in its Articles one and 2;
ADOPTS:
CHAPTER ONE: GENERAL PROVISIONS
Article one:
This Law determines the attributions, organization and the structure of the National Commission for the fight against genocide, hereinafter called “the Commission”.
Article 2:
The Commission is a national, independent and permanent institution. It has a legal status and administrative and financial autonomy.
The Commission shall particularly collaborate with the Ministry in charge of genocide memory.
Article 3:
The headquarters of the Commission is located in the City of Kigali, the Capital of the Republic of Rwanda. It may be transferred elsewhere on the Rwandan territory if considered necessary.
The Commission may have branches elsewhere in the country if considered necessary, upon approval by an Order of the Prime Minister, in order to fulfil its responsibilities.
CHAPTER II: MISSION AND POWERS
Article 4:
The Commission’s mission shall be as follows:
1° to put in place a permanent framework for the exchange of ideas on genocide, its consequences and the strategies for its prevention and eradication;
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 or abroad;
4° to plan and coordinate all activities aimed at commemorating the 1994 genocide;
5° to elaborate and put in place strategies that are meant for fighting genocide and its ideology;
6° to seek for assistance for genocide survivors and pursue advocacy as to the issue of compensation;
7° to elaborate and put in place strategies that are meant for fighting revisionism, negationism and trivialization;
8° to elaborate and put in place strategies meant to solve genocide consequences such as trauma and other diseases which resulted from genocide;
9° to cooperate with other national or international organs with similar mission.
Article 5:
The Commission shall have full powers to perform any necessary activity for the sake of achieving its mission in accordance with the provisions of this law and other laws and regulations. Such powers shall relate to the following:
1° appearing before court;
2° having its own property;
3° signing contracts with others.
CHAPTER III: ORGANISATION AND FUNCTIONING OF THE COMMISSION
Article 6:
The National Commission for the Fight against Genocide shall have the following organs:
1° a Commissioners’ Council;
2° an Executive Secretariat;
3° an Advisory Council.
Section One: The Commissioners’ Council
Article 7:
The Commissioners’ Council shall be the supreme organ in the Commission’s management. It shall be comprised of seven (7) members including the Chairperson and the Vice Chairperson characterised by technical know how, wisdom and integrity, who enable the Commission to achieve its mission; who are appointed by a Presidential Order upon approval by the Senate. At least thirty (30%) percent of the members of the Commissioner’s Council shall be women.
Members of the Commissioners’ Council shall serve for a term of four (4) years, which may be renewable only once.
Being a member of the Commissioners’ Council may not prevent them from occupying other remunerated positions.
Article 8:
The Commissioners’ Council shall have the following responsibilities:
1° to make a follow up on the implementation of the National Policy in relation to genocide memory;
2° to monitor the management of the Commission;
3° to approve the Commission’s annual planning and plan of action;
4° to approve the Commission’s draft annual budget;
5° to examine and approve the Commission’s annual activity report;
6° to approve the Commission’s donations, grants and bequest;
7° to approve the Commission’s draft internal rules and regulations;
8° to follow up and monitor the management of the Commission’s property;
9° to monitor the performance of the Executive Secretariat of the Commission.
It is not allowed for the members of the Commissioner’s Council or companies in which they are shareholders to perform any remunerated work in the Commission.
Article 9:
The meeting of the Commissioners’ Council shall be held once in every term and at any time it is considered necessary after upon invitation by its Chairperson or its Vice Chairperson, in case of absence of its Chairperson, at own initiative, or upon a written request by three of its members. The invitation shall be in writing to be submitted to the Commissioners’ Council at least fifteen (15) days before the meeting is held. However, the extra ordinary meeting shall be convened in writing at least five (5) days before the meeting is held.
In case the quorum is not reached, the meeting shall be postponed and convened and held in a period not exceeding fifteen (15) days.
Items to be examined by the meeting of the Commissioners’ Council in the first term of the year shall include approval of the activity report and the use of the property in the previous year. In the third term, there shall be included the examination of the draft of the annual Budget and the plan of action of the following year. Also, in every term, the Commissioners’ Council shall examine the financial and activity reports of the previous year; in the third term, there shall be included the examination of the budget proposal and the plan of action of the following year.
Also, in every term, it shall examine the financial and the activity reports relating to the previous term and be transmitted to the Minister in charge of genocide memory.
The procedures through which the meeting is held and chaired and the mode of taking decisions shall be determined by the Internal Rules and Regulations of the Commission.
Article 10:
Decisions of the commissioners’ Council shall be taken by consensus or, otherwise, by absolute majority of the members present.
Article 11:
The document of the decisions of the meeting of the Commissioners’ Council shall be signed by its members immediately upon its completion, and its copy shall be sent to the Minister in charge of genocide memory in a period not exceeding five (5) days.
If a period of fifteen (15) days elapses without the reaction by the Minister, the decisions of Commissioners’ Council shall be definitively approved.
The Minister in charge of genocide memory may, in writing, suspend the implementation of a decision which is prejudicial to the law, the general interest or the Commission’s interest.
Such a measure shall provide the grounds for the suspension of the implementation of the decision.
Article 12:
The minutes of the meeting of the Commissioners’ Council shall be prepared by the Executive Secretary of the Commission. It shall be signed by the Chairperson and the Rapporteur or by the Vice-Chairperson and the Rapporteur in case of absence of the Chairperson.
Its copy shall be sent to the Minister in charge of genocide memory in a period not exceeding fifteen (15) days from its approval.
Article 13:
The Directors’ fees for Commissioners’ Council members shall be specified by a Presidential Order.
Article 14:
The Commissioner’s Council may invite, in its meeting, any person from whom it may seek advice on a certain issue on the agenda. The invitee shall not be allowed to vote and to follow the debates of other issues on the agenda.
Article 15:
A member of the Commissioners’ Council shall leave such an office if:
1° his or her term of office expires;
2° he or she resigns in writing;
3° he or she is no longer able to perform his or her duties due to physical or mental disability certified by a government authorized medical doctor;
4° definitively sentenced to a term of imprisonment equal to or more than six (6) months without any suspension of the sentence;
5° he or she is absent in meetings for three (3) consecutive times in a year with no justified reasons;
6° he or she no longer fulfils the requirements considered at the time of his or her appointment in the Commissioners’ Council;
7° he or she demonstrates behaviours contrary to his or her responsibilities;
8° he or she jeopardizes the interests of the Commission;
9° he or she confesses and pleads guilty to the crime of genocide;
10° he or she is characterized by genocide ideology;
11° he or she dies.
Article 16:
The Commissioners’ Council shall indicate in writing to the Minister in charge of genocide memory whether one of its members is not in his or her position. The Minister shall notify the relevant organ, and the Commissioner shall be replaced in a period not exceeding ninety (90) days.
The appointee shall complete the remaining term of office.
Article 17:
The Executive Secretary shall attend the meeting of the Commissioners’ Council and act as its Rapporteur. However, he or she shall have no voting right during the decision making process.
Article 18:
The Chairperson of the Commissioners’ Council shall have the following responsibilities:
1° to represent the Commission before the Law;
2° to convene and chair commissioners’ meetings;
3° to submit, each year, the Commission’s program and activity report to the Parliament and the Government with a copy to the Supreme Court and the National Prosecution Service;
4° to represent the Commission within and outside the country;
5° to submit other reports of the Commission’s activities whenever so required.
Article 19:
The Vice-Chairperson shall assist the Chairperson and replace him or her in case of absence.
Section 2: The Executive Secretariat
Article 20:
The Commission shall have an Executive Secretariat headed by an Executive Secretary.
The Executive Secretary shall be appointed by a Prime Minister’ Order.
Article 21:
The Executive Secretary shall have the following responsibilities:
1° to implement the decisions taken by the Commissioners’ Council;
2° to ensure the daily running of the Commission and to coordinate all its activities;
3° to prepare and submit to the Commissioners’ Council the draft annual budget for the commission;
4° to prepare and submit to the Commissioners’ Council the Commission’s planning and plan of action;
5° to prepare and submit to the Commissioners’ Council the Commission’s draft internal rules and regulations;
6° to prepare and submit to the Commissioners’ Council the Commission’s annual financial report;
7° to prepare and monitor the staff training plan and evaluation;
8° to coordinate all research programs conducted by the Commission;
9° to collaborate with other relevant public institutions with regard to fund mobilization and development of good relations with the commission;
10° to perform any other duty as may be required by the Commissioners’ Council.
Article 22:
The Commission’s staff shall be appointed in accordance with the laws governing Public Service.
Section 3: The Advisory Council
Article 23:
The Advisory Council is a national organ entrusted with advising on the guidelines of the Commission.
Article 24:
The Advisory Council shall comprise of the following members:
1° The President of the Republic;
2° The President of the Senate;
3° The Speaker of the Chamber of Deputies;
4° The Prime Minister;
5° The Chairperson of the Supreme Court;
6° The Government Members;
7° The Members of Parliament;
8° The Ombudsman and his or her Deputies;
9° The Judges of the Supreme Court;
10° The Prosecutor General of the Republic;
11° The Deputy Prosecutor General of the Republic;
12° The Auditor General of the Military Court;
13° The Deputy Auditor General of the Military Court;
14° The Prosecutors with national competence;
15° The Army Chief of General Staff, Army Chief of Staff and Air force Chief of Staff;
16° The Commissioner General of the National Police and his or her Deputies ;
17° The Commissioner General of Prisons and his or her Deputies;
18° The Head of National Security Service;
19° The Chancellor of National Medals;
20° The Provincial Governors and the Kigali City Mayor;
21° The District Mayors;
22° The Commissioners of the National Commission for the fight against genocide;
23° Five (5) Members chosen from NGOs entrusted with fighting genocide and its ideology in their mandate;
24° Five (5) Members representing genocide survivor’s associations;
25° The Commissioners of the National Unity and Reconciliation Commission;
26° The Executive Secretary of the National Commission for the fight against genocide;
27° The Commissioners of the National Human Rights Commission;
28° The Executive Secretary of the National Unity and Reconciliation Commission;
29° The Executive Secretary of Community Service as an alternative penalty to imprisonment;
30° The Executive Secretary of the Service of Gacaca Courts;
31° The Rectors of public and private Universities and Higher Institutions;
32° The National coordinator of the National Women’s Council;
33° The National Coordinator of the Rwanda National Youth Council;
34° The Representatives of political parties legally operating in the Country;
35° The Representatives of religious denominations legally operating in the Country;
36° Any other person who may be invited by the President of the Republic to attend the meeting.
Article 25:
The President of the Republic or his or her delegate shall convene and chair the meeting of the Advisory Council.
The meeting of the Advisory Council shall meet once every two years but may be convened at any other time it is necessary.
CHAPTER IV: PROPERTY AND FINANCES
Article 26:
The Patrimony of the Commission comprises the movables and immovables:
It comes from the following:
1◦ the national budget;
2◦ government or donor subsidies;
3◦ proceeds from its services;
4◦ proceeds from its capital;
5◦ donation and bequest.
Article 27:
The Commission’s property shall only be used on activities that are meant for achieving its mission.
The management, utilization and auditing of the Commission’s property shall be conducted in accordance with the provisions of the laws and regulations thereto related.
Article 28:
The auditing of the Commission’s property shall be conducted by the following:
1° the Commission’s Internal Audit;
2° the Office of Auditor General of State Finances.
Article 29:
The Commission’s internal audit report shall be submitted to the Ministry in charge of genocide memory in a period not exceeding three (3) months as of the beginning of the financial year following the concerned year.
CHAPTER V: FINAL PROVISIONS
Article 30:
All previous legal provisions contrary to this law are hereby abrogated.
Article 31:
This law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
Kigali, on 16/02/2007
The President of the Republic
KAGAME Paul
(sé)
The Prime Minister
MAKUZA Bernard
(sé)
The Minister of Youth, Culture and Sports
HABINEZA Joseph
(sé)
The Minister of Public Service and Labour
Prof. NSHUTI Manasseh
(sé)
The Minister of Finance and Economic Planning
MUSONI James
(sé)
Seen and Sealed with Seal of the Republic:
The Minister of Justice
KARUGARAMA Tharcisse
(sé)