RDR rejects undemocratic making of the new Constitution for Rwanda

The constitution-making process ongoing in Rwanda is flawed; it is neither representative nor participatory. Only members of the Rwandan Patriotic Front (RPF) and sympathisers of the RPF-led dictatorial government participate in forums and debates convened by the Constitutional Commission. In the context of an already narrowed political space, the debate around constitutional reforms is formulated in terms of strategies of General Paul Kagame and his party RPF in order to give an appearence of legitimacy to their regime through the "no-party", but really "one-party", presidential and parliamentary elections scheduled for next year instead of the reconstruction of political links and coalitions around a common project of a democratic constitution for Rwanda. On behalf of the Rwandan people struggling for democracy, freedom and justice, the RDR rejects the undemocratic making of the new constitution for Rwanda.

A constitution is not an act of the government, but of a people constituting a government for specific ends. It is not up to the government to tell the people how they ought to be governed. It is up to the people to decide freely how they wish to be governed. However, Rwandan citizens cannot express their views freely while being terrorised by government agents and denied of their fundamental freedoms of expression, association and assembly. Since it took power in July 1994, the RPF has banned political activities in Rwanda for other political organisations, even for political factions participating in its government. Since dissent or political opposition is considered as a grave crime by the Kigali government, the main Rwandan opposition parties have their headquarters in exile. If the Rwandan government continues its flawed constitution-making process, the new constitution will not be a result of negotiations and compromise between the government and opposition parties. Therefore, it won't be a mutual commitment, pact or settlement among Rwandan political elites in order to enforce limits on state authority, no matter which political party may control the state at any given time. Instead of wasting time and money in a flawed process, the Kigali government should lift the ban on political activities and enter into talks with opposition parties in order to resolve the Rwandan conflict by peaceful means. It is the democratically elected transitional Constitutional Assembly comprising representatives of the majority party and of the opposition parties which will have the task of writing the final document of a democratic constitution for Rwanda.

A democratic constitution is a liberating document for the people. It not only limits the powers of the state and its institutions but also guarantees the kinds of freedoms -- speech, press, association, peaceful assembly, religion, freedom from arbitrary arrest, fair procedure in the criminal justice system, and so on -- that make the pursuit of happiness and self-fulfilment a reality for the people. The Universal Declaration of Human Rights and the African Charter for Human and Peoples' Rights contain the rights and freedoms that should be enjoyed by all Rwandan citizens in practice and protected by their constitution. Instead of wasting time and money in a flawed process, the Kigali government should first remove obstacles that effectively impede the equality of Rwandan citizens and their participation in the political, social and economic life of the country and respects their rights to participate in the management of the country's public affairs and in the fundamental decisions of the State at all levels.

Governments in democratic societies respect the timetable for periodic elections provided for in the constitution or electoral law and accept the verdict of the polls. They do so because accepting electoral defeat doesn't condemn them permanently to exclusion from all means of self-fulfilment because of a "winner takes all" policy. Political opposition is recognised and institutionalized. The state provides the main opposition leaders, especially those in parliament, adequate financial and administrative support in order to carry out their functions effectively. The leader of the opposition in parliament is given a status by state protocol commensurate with the post. These measures provide an incentive for political leaders to accept the function of a loyal opposition. In order to preserve the dignity in retirement of those who have served their country in the highest office, sufficient financial means are provided to them in order to live a decent life in retirement. If a Head of Government retires or is not eligible to run for office again, the state, as a matter of right, provides that person with a pension commensurate with his or her former status. A democratic constitution for Rwanda will institutionalize political opposition in the parliament and provide dignity in retirement to Heads of State and Government.

Civil society organisations in the form of religious and communal associations, professional groups, women's associations, trade unions, student associations and other non-governmental organisations blossom in democratic countries. They not only serve as a check on the power of the state but also provide opportunities of self-fulfilment that are truly independent of state patronage. The Kigali government must let independent civil society organisations blossom in Rwanda, outside the RPF patronage. Without blossoming independent social and economic institutions, personal ambition is likely to be concentrated on capturing the state itself, thus making it difficult for those who have won power to surrender it. A democratic constitution for Rwanda must ensure that the institution of civil society do not survive on sufferance but as of right. Without a well-developed civil society, it is difficult, if not impossible, to have an atmosphere supportive of democracy.

Another cornerstone of democracy is the rule of law and the independence of the judiciary. While a clear separation of powers between the legislative and the executive branches of government is not necessarily a prerequisite for democracy since that depends on whether the country has a presidential or a parliamentary system, it is universally accepted that the independence and the impartiality of the judiciary are fundamental to every democracy. The judiciary are the guarantors of the sanctity of the constitution and the protectors of human rights of the citizens against the abuse of power by the executive and legislative branches of government. As the Rwandan judiciary is not independent of the executive and is not impartial, suspected criminals and human rights abusers on power enjoy complete impunity. A democratic constitution for Rwanda must provide specific measures to guarantee the independence and impartiality of the judiciary. Such measures could include providing judges and other judicial officers in good behaviour with life tenure and making it difficult for the terms and conditions of their service to be altered to their disadvantage. For the Rwandan people to have confidence in it, the judiciary must be truly politically independent, representative by its composition in terms of geographical distribution of the population, religion, ethnicity and gender.

For the RDR

Emmanuel Nyemera, Ph.D.

Vice-President