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afrol News, 11 November - One of the central elements in Rwanda's transition process is the definition of a new constitution. A draft has now been presented, which is expected to be approved by popular vote within 4 months, to be followed by general elections. The draft emphasises on Rwandan unity, gender and human rights, but presidential powers will remain strong and freedom of the press limited. Thousands of Rwandans gathered at the National Assembly on Friday to begin debating a draft of the new Rwandan constitution. Representatives of political parties, parliamentarians, local government leaders, civil society groups, women leaders and representatives of Rwandans living in the Diaspora were all to participate in the process, the Rwandan presidency announced. The debate on the draft constitution was launched at a ceremony presided over by Rwandan President, Paul Kagame. Here, the National Electoral Committee also informed that the new constitution was expected to be ready to be submitted to a referendum vote in March 2003. The foreseen referendum in four months will also mark an end to the transition period that was introduced after the current government came to power in July 1994, chasing out the previous extremist government responsible for the Rwandan genocide. Legislative and presidential elections were also to be held by 7 July next year. The draft constitution was presented by the Constitutional Commission which was elected by the Transitional National Assembly last year. Its work was however already agreed upon by Arusha Accord Peace agreement dated 24 December 1999. According to a government statement, the draft constitution covers seven key areas namely; The State and National Sovereignty: Fundamental Human Rights and the duties of the citizen: Legislative, Executive and Judicial powers: National Defence and Security: Special Commissions and Organs: The Economic System: and International Treaties and Agreements. The draft constitution also contains a 12-point preamble, "in which Rwandans commit to fighting the ideology of genocide and eradicate ethnic and regional division, and to setting up democratic institutions and authorities freely elected by the people," the Presidency informs. The preamble also highlights the necessity to promote national unity and reconciliation, and to build a state based on the rule of law respecting liberties, human rights, pluralistic democracy, tolerance and social dialogue. The draft constitution also reaffirms adherence to the principles of human rights as defined by the UN charter, the Universal Declaration of Human Rights, the 1966 international Pacts on human rights, the 1979 UN Convention on the Elimination of all forms of Discrimination against Women, and the 1981 African Charter on Human and Peoples Rights. The Constitutional Commission however informs that, while general adherence to human rights was foreseen, the freedom of the press needed to be limited. "For the media not to cause divisions, and violence in the country, the constitution should explain exceptions for such rights," the commission states. "There should be an independent body to monitor operations of the media," the commission says. So-called "hate media" had plaid an important role in the prelude to and execution of the 1994 genocide. The new constitution needed to be based on human rights principles, "but provide for a law to punish those who disregard that responsibility," the commission concludes in regard to the historic violence. The freedom of the press has however been severely limited during the transitional period, not only in reference to control potential ethnic violence. On the aspect of power sharing, the draft constitution foresees a so-called "semi-presidential regime". In practical terms, the draft gives strong powers to the President. He or she appoints the Prime Minister and the government and "all [political] parties will have a share in government." Government therefore will answer to the President, not the Parliament. On the other hand, presidential powers are to be somewhat limited by the new constitution. Without approval from Parliament, the President cannot sign international treaties, start or stop war, give a general amnesty or declare a state of emergency, according to the draft. The President further can dissolve Parliament, but only once during his/her 5-year term. Only two succeeding presidential terms are allowed. Also on political parties, the draft outlines a model that is slightly different from Western democracies. Parties "should exist but with a limited number," according to the majority view on which the draft was based. There should also be "a law regulating behaviours of politicians and political parties." On gender issues, the draft however is genuinely progressive. It includes UN conventions against gender discrimination. Gender issues are catered for in all articles of the constitution, as they are to be in decision making bodies. Sources: Based on Rwandan Presidency, Const. Commission and afrol archives
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