2015: When Rwandans amended Constitution

The revised Constitution of the Republic of Rwanda which was published in the Official Gazette last week was a result of the people’s will that was well articulated and pursued through the legal process. What had started as isolated wishes from people during their interactions with the Head of State when he would go on routine visits upcountry a few years back increasingly gained momentum in the first months of 2015 up until in the middle of the year. Before long, Parliament started receiving petitions from individuals and groups in millions. The goal was clear: to amend article 101 of the country’s Constitution and make it possible for President Paul Kagame to run for another term come 2017 when his second seven-year elected term in office will expire. By May 2015, over 30 different interest groups, including farmer’s cooperatives, students’ organisations, women’s groups, youth and religious organisations had already delivered petitions with over two million signatures to parliament, calling for a change to the Constitution. Then in July, when the number of petitioners to Parliament hit 3.7 million Rwandans (59 per cent of eligible voters), parliament decided to carry out more consultations across the country to confirm people’s wishes. From July 20 up until August 3, both senators and deputies visited all the country’s 416 sectors and talked to Rwandans of all walks of life. The majority of Rwandans who met the lawmakers —from ordinary local farmers and business leaders to primary and secondary school teachers and university lecturers, as well as members of the civil society such as church leaders, women leaders, people living with disabilities, and youth leaders— told legislators that they wanted article 101 to be changed so they can have a chance to retain Kagame in office. The same request also came from key opinion leaders across the country, such as leaders of farmers’ cooperatives and trade unions, leaders of the Private Sector Federation, leaders of political parties and churches, as well as leaders of professional associations such as doctors and operators of financial institutions. Along with the majority of Rwandans, it also emerged during the consultations that nine out of 11 political parties in the country were in favour of scrapping term limits, leaving only the Democratic Green Party of Rwanda in support of maintaining the term limits, while PSImberakuri remained undecided on the issue. Faced with overwhelming requests for changing the Constitution, Parliament proceeded with drafting the changes to the supreme law to cater for people’s needs. It was the fifth revision of the country’s Constitution since it was enacted in 2003 but this time around the modification was special because it concerned article 101 which was limiting presidential terms to seven years renewable once. Assisted by a seven-member special team of legal experts— the Constitutional Review Commission— members of Parliament revised the Constitution and introduced some changes, including the revision of article 101 in line with people’s wishes. The revised supreme law of the country reduced presidential term limits from seven to five years renewable only once. But the change will be preceded by one transitional presidential term of seven years for which any presidential candidate, including President Kagame will be eligible. A resident of Rebero Village, Kigali casts a her vote during the referendum poll at Remera Catholic Primary School polling station on December 18. (File) Parliament said the change was done in respect to people’s request to safeguard progress made thus far and building a strong foundation for the country’s stability. Other changes made in the Constitution include the reduction of Senators’ term in office from eight years non-renewable to five years renewable once, except for senators who are former Heads of State. The term of office for the president and the deputy president of the Supreme Court was also reduced to five years renewable once, instead of eight years non-renewable. After approval by both chambers of Parliament—the Chamber of Deputies and the Senate— the revised Constitution was handed to the government on November 24, and lawmakers requested the government to organise a referendum on the revised constitution. When citizens voted in a referendum organised on December 17 for Rwandans in the Diaspora and December 18 for those inside the country, 98.3 per cent of voters endorsed the revised Constitution. Presenting the results, the Chairperson of the National Electoral Commission (NEC), Prof. Kalisa Mbanda, confirmed that people indeed wanted the Constitution to be revised. “We have seen the will of the people,” he said. Top officials and political analysts in the country described the successful revision of the Constitution as a democratic act because it was entirely demanded by the people, right from the grassroots. The revised Constitution was last Thursday published in the Official Gazette, repealing and replacing the 2003 Constitution. President Kagame is yet to announce if he will seek another term in office come 2017, but legal barriers that were preventing him from staying longer in office have ended with 2015.

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2015: When Rwandans amended Constitution