CHAPTER ONE- GENERAL PROVISIONS
Article 176There are hereby established Commissions and specialized organs with responsibility of helping in resolving major issues facing the country.
An organic law may establish other Commissions and specialized organes.
CHAPTER TWO- THE NATIONAL COMMISSION FOR HUMAN RIGHTS
Article 177The National Commission for Human Rights shall be an independent national institution. Its responsibilities shall include the following:
- educating and mobilizing the population on matters relating to human rights;
- examining the violations of human rights committed on Rwandan territory by State organs, public officials using their duties as cover, by organizations and by individuals;
- carrying out investigations of human rights abuses in Rwanda and filing complaints in respect thereof with the competent courts;
- preparing and disseminating an annual and other reports as may be necessary on the situation of human rights in Rwanda;
The National Commission for Human Rights submits each year its program and activity report to the Parliament and provides copies thereof to such State organs as may be determined by a law.
A law shall determine matters relating to the organization and the functioning of the Commission.
CHAPTER THREE- THE NATIONAL UNITY AND RECONCILIATION COMMISSION
Article 178The National Unity and Reconciliation Commission is an independent national institution. Its responsibilities include particularly the following :
- preparing and coordinating the national programme for the promotion of national unity and reconciliation;
- putting in place and developing ways and means to restore and consolidate unity and reconciliation among Rwandans;
- educating and mobilizing the population on matters relating to national unity and reconciliation;
- carrying out research, organizing debates, disseminating ideas and making publications relating to peace, national unity and reconciliation;
- making proposals on measures that can eradicate divisions among Rwandans and to reinforce national unity and reconciliation;
- denouncing and fighting against acts, writings and utterances which are intended to promote any kind of discrimination, intolerance or xenophobia;
- making an annual report and such other reports as may be necessary on the situation of national unity and reconciliation.
The National Unity and Reconciliation Commission shall submit each year its program and activity report to the President of the Republic and the Senate and provide a copy thereof to such other State organs as may be determined by law.
An organic law shall determine the organization and functioning of the Commission.
CHAPTER FOUR- THE NATIONAL COMMISSION FOR THE FIGHT AGAINST GENOCIDE
Article 179The National Commission For the Fight Against Genocide shall be in an independent national organ. Its responsibilities include the following :
- to organize a permanent framework for the exchange of ideas on genocide, its consequences and the strategies for its prevention and eradication;
- to initiate the creation of a national research and documentation centre on genocide;
- to advocate for the cause of genocide survivors both within the country and abroad;
- to plan and coordinate all activities aimed at commemoration of the 1994 genocide;
- to liaise with other national and international institutions with a similar mission;
The National Commission For the Fight Against Genocide submits, each year, its program and activity report to the Parliament and provides copies thereof to other State organs determined by law.
The law shall determine the organization and functioning of the Commission.
CHAPTER FIVE- THE NATIONAL ELECTORAL COMMISSION
Article 180The National Electoral Commission is an independent commission responsible for the preparation and the organization of local, legislative, presidential and referendum or such other elections the responsibility for the organization of which the law may vest in the Commission.
It ensures that elections are free and fair.
The National Electoral Commission submits each year its program and activity report to the Parliament and submits copies thereof to such other State organs determined by law.
A law determines the organization and functioning of the commission.
CHAPTER SIX- THE PUBLIC SERVICE COMMISSION
Article 181The Public Service Commission shall be an independent public institution. Its responsibilities shall include the following:
- the recruitment and appointment of public servants in Central Government and other public institutions;
- the submission of names of candidates to the institutions concerned for employment, appointment and promotion of candidates who fulfil all the required conditions and have the most suitable qualifications for the job for which they have applied, taking into account the record of their conduct;
- the establishment of an appropriate system of recruitment of candidates which is objective, impartial, transparent and equitable for all ;
- carrying out research on the laws, regulations, human resource requirements, the terms of reference of posts and any other matters relating to the management and development of human resources and advise the Government accordingly;
- submitting to the organs concerned proposals on appropriate disciplinary actions against employees in accordance with the law in force;
- providing technical assistance to State organs and public enterprises governed by special statutes using the expertise which it has by virtue of its functions referred to in this article.
The management and personnel of the Commission are prohibited from seeking or accepting instructions from private persons or public officials from outside the Commission.
The Public Service Commission submits each year its program and activity report to the Parliament and Cabinet and provides copies thereof to other State organs determined by law.
The law shall determine the organization and functioning of the Commission.
CHAPTER SEVEN- THE OFFICE OF THE OMBUDSMAN
Article 182The Office of the Ombudsman shall be an independent public institution.
Its responsibilities shall include the following:
- acting as a link between the citizen and public and private institutions ;
- preventing and fighting against injustice, corruption and other related offences in public and private administration;
- eceiving and examining, in the aforementioned context, complaints from individuals and independent associations against the acts of public officials or organs, and private institutions and to mobilise these officials and institutions in order to find solutions to such complaints if they are well founded.
- The Office shall not involve itself in the investigation or adjudication relating to matters which are subjudice except that it may submit to the courts or the prosecution service the complaints which it has received, in which case those organs are required to respond to the office.
- receiving the faithful declaration of assets of the President of the Republic, the President of the Senate, the Speaker of the Chamber of Deputies, the President of the Supreme Court, the Prime Minister and other members of the Cabinet upon taking up and on leaving office.
The Office of Ombudsman shall submit each year its program and activity report to the President of the Republic and to Parliament and submit copies thereof to other State organs determined by law.
The law shall determine the organization and functioning of the Office.
CHAPTER EIGHT- THE OFFICE OF THE AUDITOR-GENERAL OF STATE FINANCES
Article 183The Office of the Auditor General of State Finances is an independent national institution responsible for the audit of state finances.
It is vested with legal personality and has financial and administrative autonomy.
The office is headed by the Auditor General assisted by a Deputy Auditor General and other necessary personnel.
The responsibilities of the Office includes the following :
- auditing objectively whether revenues and expenditures of the State as well as local government organs, public enterprises and parastatal organizations, privatised state enterprises, joint enterprises in which the State is participating and government project were in accordance with the laws and regulations in force and in conformity with the prescribed justifications;
- auditing the finances of the institutions referred to above and particularly verifying whether the expenditures were in conformity with the law and sound management and whether they were necessary;
- carrying out all audits of accounts, management, portfolio and strategies which were applied in institutions mentioned above.
- No person shall be permitted to interfere in the functioning of the Office or to give instructions to its personnel or to cause them to change their methods of work.
Article 184Without prejudice to the provisions of Article 79 of this Constitution, the Auditor-General shall submit each year to each Chamber of Parliament, prior to the commencement of the session devoted to the examination of the budget of the following year, a complete report on the implementation of the State budget of the previous year. This report must indicate the manner in which the budget was utilized, unnecessary expenses which were incurred or expenses which were contrary to the law and whether there was misappropriation or general squandering of public funds.
A copy of the report shall be submitted to the President of the Republic, Cabinet, President of the Supreme Court and the Prosecutor General of the Republic.
The Parliament may instruct the Office of the Auditor General to carry out a financial audit of any institution of the State or with regard to the use of funds provided by the State.
The institutions and public officials to which the report of the Auditor General is addressed are obliged to implement its recommendations by taking appropriate measures in respect of the irregularities and other shortcomings which were disclosed.
The law determines the organization and functioning of the Office of the Auditor General of State Finances.
CHAPTER NINE- THE "GENDER" MONITORING OFFICE
Article 185A Gender Monitoring Office is hereby established.
The Gender Monitoring Office shall be an independent public institution whose responsibilities include the following :
- to monitor and supervise on a permanent basis compliance with gender indicators of the programme for ensuring gender equality and complementality in the context of the vision of sustainable development and to serve as a reference point on matters relating to gender equality and non discrimination for equal opportunity and fairness;
- to submit to various organs recommendations relating to the program for the promotion of gender equality and complementality for national development.
- The gender Monitoring Office shall submit each year its program and activity report to the Cabinet and submits copies thereof to other State organs determined by law.
The law shall determine its functions, organization and operation.
CHAPTER TEN- CHANCELLERY FOR HEROS AND NATIONAL ORDERS
Article 186
- There is hereby established a Chancellery for Heros and National Orders.
- A law shall determine its functions, organization and operation.
