The new law on pension should not let Genocide convicts and fugitives have access to pension benefits, Dr Diogene Bideri, the principal legal advisor of the National Commission for the Fight against Genocide (CNLG), has said.

Dr Bideri was speaking before the Senatorial Standing Committee on Social Affairs, Human Rights and Petitions yesterday.

The committee had summoned pensioners, insurance companies as well as CNLG officials, among other key pension players to give their views regarding the amendment of the law governing the organisation of the pension scheme.

"Just as any other property of the suspect would be sanctioned until a final ruling is made, so it should be on pension for the Genocide convicts and fugitives,” Bideri said.

"In our previous petitions to Parliament, we requested that during the amendment of the draft law, pensions of Genocide convicts and fugitives should be confiscated by pension administrator for compensation to survivors.”

The 1994 Genocide against the Tutsi left survivors homeless and in abject poverty after their family property was looted or taken over.

Bideri said CNLG had petitioned both chambers of the parliament, even before the thought of amending the pension law was brought up, expressing their wish for anybody implicated in Genocide crimes not to have access to their benefits.

"Compensation for Genocide survivors, from the pension benefits of Genocide convicts and fugitives, should be incorporated within this bill,” Bideri added.

It is understood, however, that this can be challenged legally basing on the provision in the current Penal Code, which states that a person in jail will not lose all their civic rights except in case of a penalty of life imprisonment.

The Penal Code states that the loss of civic rights will not exceed a period of 20 years except for those sentenced to life imprisonment.

Some Genocide convicts are required to compensate survivors financially or through community service for prisoners, among other ways.

‘Court order’

Aloise Nsengiyumva, the legal expert at the Ministry of Finance and Economic Planning, said compensation for survivors from convicts’ pension benefits can only be ordered by the court since the current law does not provide for such a scenario.

"If the Genocide convict has been ordered to compensate the survivor through their scheme’s proportion, there is no hindrance to that, we simply have to respect what the law provides for,” Nsengiyumva said.

He said in recent discussions with the Ministry of Justice, it was maintained that detainees have the right to their pension benefits, "because there is no law that prohibits them from accessing their benefits.”

However, the legal expert said detainees will or will not access their pension benefits based on the ruling made in court.

"The judge would, however, ask the court or scheme’s administrator to retain a convict’s pension benefits based on the provisions governing jurisdiction,” added Nsengiyumva.

Pensioners demand more benefits

Meanwhile, Felix Nzabahimana, the executive secretary of the Rwanda Association of Pensioners, decried low social security benefits, asking legislators to lift the minimum benefits provided by the law.

However, Thérèse Kagoyire Bishagara, chairperson of the senatorial committee, said much as they would want benefits increased, this would depend on the national economy.

Bishagara’s comments were echoed by Rwanda Social Security Board’s Jean Paul Sekabuke, who said, "We should not forget to discuss these issues in the context of what our economy can afford.”

The contribution rates are 3 per cent paid by the employer and three per cent by the employee, adding to a total of 6 per cent of the employee’s salary.

The law also provides the option for individuals to enroll as a voluntary member.

The current law is being amended on the grounds that it will improve social welfare of beneficiaries, putting more emphasis on good housing policy and the social wellbeing of the adherents.

Other premises include familiarising the public on the role that pension plays toward development, and promotion of savings and investment culture in the country, among others.