Rwanda, Constitution of, II

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THE CONSTITUTION OF THE KINGDOM OF RWANDA, Pt. 2

Contents

Sub-section 3 - The Senate
  • Article 80
    • The Senate shall be composed of twenty-six (26) members serving for a term of eight (8) years at least thirty per cent (30 %) of whom are women. In addition, former Heads of State become members of the Senate upon their request as provided for in paragraph 4 of this article.
    • Those twenty six (27) members are elected or appointed as follows
      • Twenty-four (24) members, two (2) from each Province elected through secret ballot by members of the Executive Committees of Province, District, City, and Town;
      • Five (5) members appointed by the Mwami who shall ensure the representation of historically marginalized communities.
    • The organs responsible for the nomination of Senators shall take into account national unity and equal representation of both sexes.
    • Disputes relating to the application of Article 80 and 81 of this Constitution which may arise shall be adjudicated by the Supreme Court.
  • Article 81
    • Members of the Senate shall be citizens of impeccable character possessing the qualities of inararibonye who are elected or appointed objectively on the basis of individual merit without regard to political affiliation. They shall be highly skilled in the fields of science, Law, economics, politics, sociology, and culture or be persons who have held senior positions in the public or private sectors.
    • A candidate for the Senate must fulfill the following requirements
      • satisfaction of the criteria specified in Article 80 of this Constitution;
      • being an inararibonye;
      • having irreproachable morals and probity;
      • not having been deprived of civil and political rights;
      • being at least forty years old;
      • not having been sentenced by a court of last instance to a term of imprisonment of six months or more for which there has been no amnesty or rehabilitation.
  • Article 82
    • Members of the Senate serve a term of eight years which is not renewable.
  • Article 83
    • Nominations of candidates for the Senate to be elected by the Executive Committees of Province, District, City, and Town are filed with the Supreme Court at least thirty days before the elections.
    • The Supreme Court verifies if the candidates fulfill the required conditions, rules on and publishes the list of candidates within a period not exceeding eight days from the date on which it received the nominations. Elections are conducted in accordance with the procedure determined by the electoral Law.
    • With respect to Senators who are appointed, the organs responsible for the nomination of designated Senators submit the names of the candidates to the Supreme Court, which verifies whether they fulfill the required conditions and rules on and publishes the list of appointed Senators within eight (8) days.
    • In the event that some of the candidates are not approved by the Supreme Court, the organs responsible for the nomination may, within a period not exceeding seven (7) days from the date of publication of the list complete the number provided for.
  • Article 84
    • With regard to Senators elected by the Executive Committees of Sectors, District, Municipality, Town and City Councils, a candidate to be elected must receive an absolute majority of the votes cast during the first round or, failing that, a simple majority in the second round which must be organized immediately after the first round.
    • In the event of an elected Senator’s resignation, death, impeachment by a court of Law or permanent absence from the Senate on account of any reason when his or her term has a year or more to run, fresh elections are held. In the case of an appointed Senator, the organ which appointed him or her shall determine his or her replacement.
  • Article 85
    • The Senate has the specific function to supervize the application of the principles referred to in Articles 9 and 54 of this Constitution.
  • Article 86
    • In legislative matters, the Senate shall be competent to vote on
      • Laws relating to the amendment of the Constitution;
      • Organic Laws;
      • Laws relating to the establishment, modification, functioning and dissolution of public enterprises and parastatal organizations and territorial organizations;
      • Laws relating to fundamental freedoms, rights and duties of the person;
      • Criminal Law and Laws relating to the organization, jurisdiction of courts and procedure in criminal cases;
      • Laws relating to defense and security;
      • Laws relating to elections and referenda;
      • Laws relating to international agreements and treaties.
    • The Senate shall also have the authority to
      • elect the President and the Vice-President of the Senate, Judges of the Supreme Court, the Prosecutor General of the Kingdom and his or her deputy;
      • approve the appointment of the Chairpersons and members of National Commissions, the Ombudsman and his or her deputies, the Auditor General of State Finances and his or her Deputy, Ambassadors and Representatives to international organisations, Provincial Prefects and heads of public enterprises and parastatal organisations which have legal personality;
      • approve, where necessary, the appointment of such other public officials as shall be required and determined by an organic Law.
  • Article 87
    • The Speaker of the Chamber of Deputies shall, without undue delay, transmit to the President of the Senate bills adopted by the Chamber of Deputies relating to matters provided for in Article 88 of this Constitution.
    • Similarly, the Government shall submit to the Senate draft orders relating to the appointment of the public officers referred to in Article 86 of this Constitution for approval prior to signature.

Section 2 - Initiation and Adoption of Laws

  • Article 88
    • The right to initiate legislation shall be concurrently vested in each Deputy and the Mwami acting through the Cabinet.
  • Article 89
    • Bills and statutory amendments which have the potential to reduce Government revenue or increase State expenditure must indicate proposals for raising the required revenue or making savings equivalent to the anticipated expenditure.
  • Article 90
    • Bills determined by the plenary session to have a sound basis shall first be transmitted to the relevant committee of the Chamber of Deputies for examination prior to their consideration and adoption in the plenary session.
  • Article 91
    • The Law is sovereign in all matters.
    • Organic Laws govern all matters reserved for them by this Constitution as well as matters which require related special Laws.
    • An organic Law may not contradict the Constitution. Neither may an ordinary Law or decree contradict an organic Law and a decree may not contradict an ordinary Law.
    • In voting upon a bill, there must be a separate vote on each article as well as a vote on the entire bill.
    • A vote on the entire Law is conducted by calling each parliamentarian by name and the parliamentarian votes by replying in a loud voice.
    • Organic Laws shall be passed by a majority vote of three-fifths of the members present in each Chamber.
    • The procedures for voting are determined by a Law on the internal regulations of each Chamber.
  • Article 92
    • A petition for consideration of a bill or any other matter on an urgent basis may be made by either a parliamentarian or the Mwami acting through the Cabinet to the relevant Chamber.
    • When such a petition is made by a member of Parliament, the relevant Chamber decides on the validity of the urgency.
    • When the petition is made by the Mwami acting through the Cabinet, the request is always granted.
    • Upon a decision confirming the urgency, the bill or matter is considered before any other matters on the agenda.
  • Article 93
    • With the exception of the organic Law on the internal regulations of the Senate, bills on matters for which the Senate is competent to legislate are transmitted to the Senate after adoption by the Chamber of Deputies.
    • In the event that the Senate does not approve a bill transmitted to it or amendments proposed by the Senate are not acceptable to the Chamber of Deputies, both Chambers set up a commission composed of an equal number of Deputies and Senators which make proposals on matters still being debated.
    • Both Chambers are notified by the Commission of the compromise reached and the Chambers decide on it.
    • In the event that the compromise decision is not adopted by both Chambers, the bill is returned to the initiator.
  • Article 94
    • The authentic interpretation of Laws shall be done by both Chambers of Parliament acting jointly after the Supreme Court has given an opinion on the matter; each Chamber shall decide on the basis of the majority referred to in Article 91 of this Constitution.
    • The authentic interpretation of the Laws may be requested by the Government, a member of one of the Chambers of Parliament or by the Bar Association.
    • Any interested person may request the authentic interpretation of Laws through the members of Parliament or the Bar Association.

Chapter Three - The Executive

  • Article 95
    • Executive power shall be vested in the Mwami and the Cabinet.

Section One - The Mwami

  • Article 96
    • The Mwami is the Head of State.
    • He is the guardian of the Constitution and guarantees national unity.
    • He guarantees the continuity of the State, the independence and territorial integrity of the country and respect of international treaties and agreements.
    • The Mwami has the right to address the Nation.
  • Article 97
    • Sovereignty over the Kingdom of Rwanda is hereditary in the direct and legitimate male issue of the Kigeli V Ndahindurwa. The Mwami is the symbol and guarantee of the permanence and continuity of the Kingdom of Rwanda as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the world communities. He proclaims the consent of the People to honor their international obligations in accordance with the Constitution.
    • The Mwami is the Head of State and the Head of Government and shall exercise his rights pertaining to the powers of the Kingdom in accordance with the provisions of this Constitution and of the other Laws. The executive power belongs to him and he shall have no powers other than those formally bestowed on him by the Constitution or those specific Laws passed by virtue of the Constitution.
    • The person of the Mwami is inviolable and immune from suit. His Majesty's Government bears any responsibility. The same shall apply to that member of the Royal House exercising the function of Head of State or Head of Government on behalf of the Mwami.
  • Article 98
    • Nothing in this Constitution shall affect the custom, usage and tradition relating to the order of succession to the Throne by the descendants of His Majesty.
    • His Majesty shall have the exclusive power of enacting, amending and repealing the laws relating to the succession to the Throne by His descendants.
    • The hereditary succession to the Throne within the Royal House, the age of majority of the Mwami and of the Heir Apparent, any applicable guardianship, and other matters pertaining to the Royal House shall be laid down by the Royal House in the form of a Law on the Royal House which shall be a part of this Article.
    • Upon assuming the Royal prerogative the Mwami shall be sworn in and inaugurated as soon as possible at a public session of the joint Houses of Parliament.
    • Every successor to the Throne shall declare orally upon his Royal honor and dignity the following oath, "I swear by the Father, the Son, and the Holy Spirit to observe the Constitution of the Kingdom of Rwanda and its other laws and to observe the independence and the territorial integrity of this Kingdom". He shall then sign his name to this oath.
    • This oath shall be administered to the Duke by the Chief Justice of the Supreme Court. The Speaker of the Chamber of Deputies and the President of the Senate shall sign the oath as witnesses.
    • The Mwami shall, at the age of 70, abdicate in favor of the Heir Apparent.
  • Article 99
    • The Mwami is the Commander-in-Chief of the Rwanda Defense Forces.
    • He declares war in accordance with the provisions of Article 130 of this Constitution.
    • He or she signs accords for armistice and peace agreements.
    • He or she declares a state of siege and a state of emergency in accordance with the provisions of the Constitution and the Law.
  • Article 100
    • The Mwami has authority to exercise the prerogative of mercy in accordance with the procedure determined by Law and after consulting the Supreme Court on the matter .
  • Article 101
    • He or she has authority to mint money in accordance with procedures determined by the Law.
  • Article 102
    • The Mwami shall sign Royal orders approved by the Cabinet, and these orders are countersigned by the Prime Minister, Cabinet Ministers, Ministers of State and other members of the Government responsible for their implementation.
  • Article 103
    • He shall make appointments of senior public service and military offices as determined by the Constitution and other Laws.
  • Article 104
    • The Mwami shall sign Royal orders approved by Cabinet regarding
      • the prerogative of mercy;
      • the minting of money;
      • the awarding of National Orders;
      • the implementation of Laws when it is his responsibility;
      • the promotion and appointment of
        • officers of the rank of General of the Rwanda Defense Forces;
        • senior officers of the Rwanda Defense Forces;
        • commissioners of the National Police;
        • senior officers of the National Police.
        • appointment and termination of services of the following senior public servants
          • the President and Vice-President of the Supreme Court;
          • the Prosecutor-General of the Kingdom and his or her Deputy;
          • the Chancellor of National Orders;
          • the Governor of the Central Bank;
          • the Prefects of Provinces;
          • the head of the National Security Service and his or her deputy;
          • the Commissioners of the Commissions and heads of specialized institutions provided for by the Constitution;
          • the Principal Private Secretary to the Mwami;
          • the Advisors in the Office of the Mwami;
          • the Ambassadors and representatives to international organizations; *****such other senior public servants as the Law may determine as necessary.
  • Article 105
    • The Mwami represents the Kingdom of Rwanda in its relations with foreign countries and may appoint persons to represent him.
    • The Mwami accredits Ambassadors and Special Envoys to foreign states.
    • Ambassadors accredited to Rwanda and Special Envoys present their Credentials to the Mwami.
  • Article 106
    • An organic Law determines the benefits accorded to the Mwami.

Section Two - The Privy Council

  • Article 107
    • There shall be established a Privy Council constituted in accordance with the provisions of this Article.
    • Every Appointed Member of the Privy Council shall hold office during the Mwami’s pleasure and subject thereto for such period and upon such conditions as may be specified in the Instrument appointing him.
    • Every Member of the Privy Council shall, before entering upon the duties of his office, take or make and subscribe before the Mwami, or, if a Council of Regency has been appointed, before the senior male Regent, or before such other person as the Mwami or, as the case may be, the senior male Regent may designate, an oath or declaration.
    • The Privy Council shall
      • advise the Mwami on any amendment, addition or revocation of any provision of this Constitution;
      • advise the Mwami, subject to any written law, on the appointment of persons to the customary ranks, titles, honors and dignities of the Kingdom and the designation of the functions appertaining thereto; and
      • perform such other functions as may be conferred on it by the Succession and Regency Proclamation, by any other written law or by the Mwami.
    • The Mwami shall appoint a Clerk of the Privy Council and such person shall, before entering upon the duties of his office, take and subscribe before the Mwami or the senior male Regent, as the case may be, an oath.
    • Subject to any written law, the exercise of any power conferred on, or the doing of any act or thing by, the Privy Council may be signified under the hand of the Clerk of the Privy Council.
    • the Mwami is not bound to act in accordance with the advice of the Privy Council.
    • The Privy Council shall not be summoned, except by the authority of the Mwami or, if a Council of Regency has been appointed, by the senior male Regent, if the Mwami is not present in the Kingdom.
  • No business shall be transacted at any meeting of the Privy Council if there are less than one-third of the Members of the Council (besides the Mwami or other person presiding) present at the meeting, and the Mwami or any other person presiding has objected to the transaction of business on that account.
    • Any proceedings in the Privy Council and any such decision taken by that Privy Council shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings.
    • The Mwami shall, so far as practicable, preside at meetings of the Privy Council.
    • In the absence of the Mwami, the person who shall preside shall be in the following priority
      • If a Council of Regency has been appointed, the senior male Regent present;
      • If no Council of Regency has been appointed, such Member of the Privy Council as the Mwami may appoint.
    • In the case of the Mwami being out of the country, sick or temporarily unable to perform his duties, his duties are assumed by the senior male Regent.
  • Article 108
    • The Mwami promulgates Laws within fifteen days from the day on which the Laws are delivered to the Privy Council.
    • However, the Mwami may, before promulgation of Laws, request Parliament 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 Mwami must promulgate the Laws within the period referred to in paragraph one of this article.
  • Article 109
    • Upon the proposal of the Privy Council and after receiving an advisory opinion of the Supreme Court, the Mwami may call a referendum on issues of general national interest, 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.
    • Should the referendum adopt the proposal, the Mwami promulgates it within a period of eight days as from the time of proclamation of the results of the referendum.

Section 2 - The Cabinet

  • Article 110
    • The Cabinet shall consist of the Prime Minister, Ministers, Ministers of State and other members who may be determined, if necessary, by the Mwami.
    • The Prime Minister shall be nominated, appointed and removed from office by the Mwami.
    • Other members of Cabinet shall be appointed and removed from office by the Mwami upon proposal of the Prime Minister.
    • The members of Cabinet are selected from political organizations on the basis of their seats in the Chamber of Deputies without excluding the possibility of appointing to Cabinet other competent people who do not belong to any political organizations.
    • However, a political organization holding the majority of seats in the Chamber of Deputies may not exceed 50 per cent of all the members of the Cabinet.
    • The Mwami receives the resignation of the Cabinet tendered by the Prime Minister.
  • Article 111
    • The Cabinet implements national policy agreed upon by the Mwami and the Cabinet. The Cabinet is accountable to the Mwami and to the Parliament in accordance with the provisions of this Constitution.
  • Article 112
    • The Prime Minister shall
      • coordinate the functioning of the Cabinet in accordance with broad guidelines set by the Mwami and ensures the implementation of Laws
      • formulate the Government program in consultation with other members of the Cabinet;
      • present the Government program to the Parliament within thirty days of assuming office;
      • assign duties to the Ministers, Ministers of State and other members of the Cabinet;
      • convene Cabinet meetings, draw up the agenda of the Cabinet in consultation with other members of the Cabinet and communicates it to the Mwami and other members of the Cabinet at least three days before the meeting, except in matters of urgency which are considered by extraordinary meetings of the Cabinet;
      • preside over the Cabinet meetings. However, where the Mwami is in attendance, he shall preside;
      • countersign Laws enacted by the Parliament and promulgated by the Mwami;
      • appoint civil and military officers with the exception of those appointed by the Mwami;
      • sign orders for the appointment and promotion of junior officers of Rwanda Defense Forces and the National Police;
      • sign orders of the Prime Minister relating to the appointment and termination of service of the following senior public servants
      • the Secretary General in the Prime Minister's office;
      • Executive Secretaries of commissions and provinces;
      • Advisors and heads of services in the Office of the Prime Minister;
      • Secretary Generals in Ministries;
      • Directors and other senior officers of public enterprises;
      • members of the Boards of Directors of public enterprises and parastatal organisations;
      • Directors and Heads of Divisions in Ministries and Provinces; ***Prosecutors at the National and Provincial levels as well as those of the City of Kigali;
      • such other senior public servants as may be specified by a Law;
    • Other public servants are appointed in accordance with specific Laws.
  • Article 113
    • Orders of the Prime Minister are countersigned by the Ministers, Ministers of State and other members of the Cabinet responsible for their implementation.
  • Article 114
    • The Cabinet functions on the basis of collective responsibility.
    • An order of the Mwami determines the Cabinet’s functioning, membership and procedures for making decisions.
  • Article 115
    • The Cabinet deliberates upon
      • bills and draft decree-Laws;
      • drafts of orders of the President, the Prime Minister and Ministers;
      • any other matters for which the Constitution and other Laws vest responsibility in the Cabinet.
    • A Royal order shall determine certain Ministerial orders which are adopted without consideration by the Cabinet.
  • Article 116
    • The office of member of the Cabinet is incompatible with any other professional activity or membership of Parliament.
    • A Law determines the remuneration and other benefits accorded to members of the Cabinet.
  • Article 117
    • Before assuming office, the Prime Minister, ministers, ministers of state and other members of Cabinet shall take oath before the Mwami, Parliament and the Supreme Court.
  • Article 118
    • The resignation or vacation of the office of the Prime Minister on account of any reason leads to the resignation of other members of the Cabinet.
    • The Mwami receives the resignation of the Cabinet when it is submitted by the Prime Minister.
    • During such period, the Cabinet only deals with routine business until a new Cabinet is appointed.
  • Article 119
    • Each minister, minister of state or other member of the Cabinet may individually tender in his or her resignation to the Mwami through the Prime Minister.
    • The resignation becomes effective if, within a period of five days, it is not withdrawn by the member of Cabinet concerned and the Mwami has consented to it.

Section 3 - Public Administration

  • Article 120
    • Public servants are recruited, posted and promoted in conformity with the principle of equality of citizens, through an objective, impartial and transparent system on the basis of the competence, merit and integrity of applicants of both sexes.
    • The State guarantees the impartiality of the leadership of government departments, the Rwanda defense Forces, the National Police and the National Security Service. They shall all, at all times, ensure impartiality and serve all citizens without discrimination.

Chapter Four - Relationship Between the Legislature and Executive

  • Article 121
    • The Mwami and the Prime Minister shall be informed of the agenda of the sessions of each Chamber of Parliament and of its Committees.
    • The Prime Minister and other members of the Cabinet may attend the sessions of each Chamber of Parliament if they so wish. They take the floor whenever they request to do so.
    • They may, if need be, be accompanied by technical advisers of their choice.
    • Such technical advisers may only take part in deliberations in Standing Committees.
  • Article 122
    • The Chamber of Deputies shall employ the following methods to obtain information and exercise oversight of activities of the government.
      • oral questions;
      • written questions;
      • hearings before Committees;
      • Commissions of inquiry;
      • interpellation.
    • An organic Law shall determine the procedures by which Parliament obtains information and exercises oversight of government action.
  • Article 123
    • In the context of obtaining information and exercising oversight of government action, members of the Senate may address oral or written questions to the Prime Minister to which he or she shall either respond in person if the questions relate to the government as a whole or to many Ministries collectively or through the Ministers responsible for the matters in question.
    • The Senate may, in addition, set up commissions of inquiry for oversight of government action.
    • However, it shall not conduct interpellation or initiate a motion of no confidence.
  • Article 124
    • The Chamber of Deputies may put the performance of Cabinet or of one or several members into question through a vote of no confidence.
    • A motion of no confidence shall only be accepted after interpellation and only on condition that the motion is signed by at least one-fifth of the members of the Chamber of Deputies in the case of a vote of no confidence against one member of the Cabinet, or by at least one-third of the members of the Chamber of Deputies if it concerns the entire Cabinet.
    • A motion of no confidence shall not be voted upon prior to the expiry of at least forty-eight hours after its introduction and it shall be adopted through a secret ballot by a majority of at least two-thirds of the members of the Chamber of Deputies.
    • The conclusion of ordinary or extraordinary sessions shall be postponed to ensure the application of the provisions of this article.
  • Article 125
    • A member of the Cabinet against whom a vote of no confidence is passed shall tender his or her resignation to the Mwami through the Prime Minister.
    • When the vote of no confidence is passed against the Government, the Prime Minister shall tender the resignation of the Government to the Mwami.
    • Where a motion of no confidence is rejected, signatories to the motion shall not introduce another motion for a vote of no confidence during the same session.
  • Article 126
    • The Prime Minister may, upon the proposal of the Cabinet, request the Chamber of Deputies to pass a motion on a vote of confidence either for the Government program or the adoption of a bill.
    • The debate on the request for a vote of confidence may not take place prior to the expiry of at least three full days from the time the request was submitted.
    • A vote on the motion of confidence may only be rejected through a secret ballot by a majority of two-thirds of the members to the Chamber of Deputies.
    • In the event that the Prime Minister loses a vote of confidence, he or she submits the resignation of the Governement to the Mwami, within twenty-four hours.
  • Article 127
    • The Mwami, after consultation with the Prime Minister, the President and Speaker of the two Chambers of Parliament and the President of the Supreme Court, may dissolve the Chamber of Deputies.
    • Elections of Deputies shall take place within ninety days after the dissolution.
    • The Mwami shall not dissolve the Chamber of Deputies more than once in the same presidential term of office.
    • The Senate can not be dissolved.
  • Article 128
    • The Prime Minister is obliged to inform the Chambers of Parliament of government activities whenever it is possible.
    • The Prime Minister communicates decisions of the Cabinet and supporting documents to the Bureau of each Chamber of Parliament within a period of not more than eight days from the date of the meeting of the Cabinet.
    • Moreover, during the session period, one sitting each week shall be devoted to questions by members of Parliament addressed to members of Cabinet and responses thereto.
    • The Government is obliged to provide the Chambers of Parliament with all necessary explanations on questions put to the Government concerning its management and activities.
  • Article 129
    • The Mwami may address the Chambers of Parliament together or separately, either in person or by a message read on his behalf by the Prime Minister. There is no debate on such communication.
    • Should Parliament not be in session, it or one of its Chambers is convened specially for the purpose.
  • Article 130
    • The Mwami has the right to declare war and inform the Parliament within seven days. Parliament adopts a vote on the matter by a simple majority of the members of each Chamber.
  • Article 131
    • A state of emergency and a state of siege shall be governed by the Law and declared by the Mwami following a decision of the Cabinet.
    • A declaration of state of siege or state of emergency must give clear reasons which justify it, must specify the part of national territory to which it applies and its consequences, must indicate the rights, freedoms and guarantees provided by Law which are suspended and the duration of the state of siege or state of emergency which may not exceed a period of fifteen days.
    • The state of siege or the state of emergency cannot be extended beyond a period of fifteen days without the approval of Parliament, which approval requires a majority of two-thirds of the members of each Chamber.
    • During war time, when a state of siege or a state of emergency has been declared, the duration of the state of siege may by Law be extended beyond the period provided for in the paragraph preceding this one.
    • The duration of a state of siege must not exceed the period strictly necessary to ensure the return of normal conditions characterised by democracy.
    • A declaration of a state of siege or of a state of emergency shall not under any circumstances violate the right to life and physical integrity of the person, the rights accorded to people by Law in relation to their status, capacity and nationality; the principle of non-retroactivity of criminal Law, the right to legal defense and freedom of conscience and religion.
    • A declaration of a state of siege or of a state of emergency shall not under any circumstance affect the powers of the Mwami, the Prime Minister, Parliament or the Supreme Court nor can it modify the principles relating to the responsibility of the State and of public officials provided for in this Constitution.
    • No elections of any kind may be held during or within a period of less than thirty days after the state of siege or state of emergency.
  • Article 132
    • A state of siege cannot be declared on the entire or a part of the national territory unless the country has suffered or is about to suffer aggression by foreign states, faces grave dangers or in the case of destabilisation of the institutions established by this Constitution.
    • A state of emergency shall be declared on the entirety or part of the national territory when the country faces a public disaster or constitutional crisis whose gravity does not warrant the declaration of a state of siege.
  • Article 133
    • During the period of a state of siege or a state of emergency, the Chamber of Deputies cannot be dissolved and the Chambers of Parliament shall be recalled immediately if they are in recess.
    • If at the time of a declaration of a state of siege or of a state of emergency the Chamber of Deputies has previously been dissolved or its term has expired, the powers of Parliament relating to a state of siege or a state of emergency shall be exercised by the Senate.

Rwanda, Constitution of, III

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