Democracy and Democratic Processes in Rwanda

After 1994, Rwanda steadily and progressively built the foundations and institutional framework for a modern democratic polity that responds in a principled way to its deeply divided legacy. Today, with a new Constitution, separation of the three branches of power, good governance through decentralization, the fight against corruption and a new justice system, the government of Rwanda has established a credible, inclusive and effective Government.

Branches of Government

The Government of Rwanda has three branches of Government namely the Executive, Legislature, and Judiciary. While separate and independent, the work of these three branches is complementary. Executive authority in Rwanda is vested in the President and Cabinet, emphasizing both the direct electoral mandate of the president as well as the collegial nature of decision-making implicit in cabinet government. The term of office of the president is limited to two terms and President Paul Kagame is currently serving his second term. The Senate and the Chamber of Deputies Parliament is composed of the Senate and Chamber of Deputies in charge of passing laws, legislating and overseeing executive action in accordance with procedures determined by the Constitution. The Supreme Court and other Courts exercise judicial power and are independent and separate from both the Executive and the Legislative branches of Government.

A new Constitution: Free and Fair Elections & the Protection of Human Rights

The Rwandan Constitution institutionalizes a systematic electoral process, with free and fair elections and guaranteed what no Rwandan constitution had done before: the equality of all people in rights and duties and before the Law, the right to physical and mental integrity, the prohibition of discrimination of all kind, torture, application of retrospective laws and punishments, freedom of press and information, and freedom of association and assembly. It also provides for a right to education through a compulsory and free universal primary education. With offices such as Human Rights Commission, the Office of the Ombudsman and the Gender Monitoring Office, Rwanda has institutionalized the protection of human rights.

Rwanda embarked on the promotion of good governance through the decentralization of power to the lowest government levels. The main thrust of the policy is to ensure equitable political, economic, and social development throughout the country, and to be a cornerstone of the fight against poverty by increasing people’s participation in the planning and management of the development process. One of the key tools introduced by the GoR in 2006 to reinforce participation and accountability of local government is the performance-based contracting, locally referred to as ‘Imihigo’. Imihigo is an old cultural practice of Rwanda where an individual would set him/herself targets to be achieved within a specific period of time. Through this approach local governments and communities set their own priorities and strategies to achieve their goals. With Imihigo, local leaders are held accountable and local communities have become the drivers of the social and economic development of their Districts.

Coming from a period of rampant tribalism, regionalism and corruption, Rwanda had become a country of severe inequalities however the post 1994 Government undertook a number of anti-corruption measures and institutionalized non-discrimination as the framework for service delivery. Political will and the support of the public have led to the creation of institutions to fight corruption and impunity such as the Ombudsman’s Office, the Auditor General Office, the National Public Prosecution Authority, National Police, Rwanda Public Procurement Authority and the Rwandan Revenue Authority. With these efforts, Rwanda has been internationally recognized for its zero tolerance policy. Transparency International’s perception index ranked Rwanda 8th in Africa- an improvement from its 89th position in 2009. The East African Bribery Index ranked Rwanda the least corrupt country in East Africa.

With the 1994 genocide, the justice system went from being characterized by weak judicial organs and a lack of lawyers to a total loss of all of its qualified professionals. In an effort to rebuild this crucial sector, the Government of Rwanda committed to establishing a justice sector capable of providing a solution to the larger number of cases, the need to for a stable environment for investment and business and the decentralization of the justice system. One of the most successful undertakings is the revival of the Gacaca court- the traditional mechanism to resolve disputes. Gacaca courts were a response to the extremely high number of genocide related cases that would have taken over 100 years to be tried. With truth telling and reconciliation taking precedence over punishment and retribution, Gacaca courts was able to prosecute 1.5 million people. Most importantly, Gacaca has become a key part of the reconciliation process.