IPU PARLINE database: RWANDA (Chambre des Députés), Oversight

Parliament name (generic / translated)

Parliament / Parlement

Structure of parliament

Bicameral

Chamber name

Chambre des Députés

Related chamber (for bicameral parliaments)

Sénat / Senate

Type of political regime

presidential

Notes

The President is the Head of State, the defender of the Constitution and the guarantor of national unity. He/she is the guarantor of the continuity of the State, of national independence, of territorial integrity and of the observance of treaties and international agreements.

Head of the executive

President of the Republic

Notes

Executive power is exercised by the President and the Government (Article 97 of the Constitution). The Government is composed of the Prime Minister, the ministers, the secretaries of State and, if required, other members that the President may designate (Article 116 of the Constitution). The Government implements national policy decided by common accord between the President and the Council of Ministers.

Method for appointing the executive

The President is elected by universal direct suffrage under a secret ballot and by a relative majority of the popular vote (Article 100 of the Constitution). The Prime Minister is chosen, appointed and relieved of his duties by the President upon the proposal of the Prime Minister. The members of the Government are chosen within political formations taking into account the distribution of seats in the Chamber of Deputies without necessarily excluding the possibility of choosing other capable persons not from political formations. However, the majority political party may not exceed 50 per cent of all the members of the Government.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a mandate of seven years once renewable (Article 101 of the Constitution). The members of the Chamber of Deputies are elected by universal direct suffrage for a term of five years (Article 77 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

Yes

The office of a parliamentarian is incompatible with that of a member of the Government (Article 68 of the Constitution).

Dissolution of Parliament

Yes

Circumstances

The President may, after consultation with the Prime Minister, the Presidents of the two chambers and the President of the Supreme Court, announce the dissolution of the Chamber of Deputies (Article 133 of the Constitution).

Modalities

The elections of the deputies take place within a time limit of 90 days following the dissolution. The President may not dissolve the Chamber of Deputies more than once during his mandate. The Senate may not be dissolved.

Accountability of Government to Parliament

Yes

The members of the Government are responsible to the President and to the parliament (Article 117 of the Constitution). When responsible the ministers, secretaries of the State and the other members of the Government implement the bills by means of decrees. The Council of Ministers functions of the basis of the principle of governmental solidarity (Article 120 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

A deputy or a group of deputies may address an oral question to the Prime Minister or any other member of the Government with a view to obtaining a verbal response. Likewise, a written question for information may be addressed to the Prime Minister or to any other member of the Government. Questions may give rise to a plenary debate.

Government reports to Parliament

Not applicable

Measures

Vote of confidence on Government programs and/or legislative proposals

The Prime Minister draws up the government programme in consultation with his cabinet and submits it to the parliament within 30 days of his entering into office (Article 118 of the Constitution). The Prime Minister may also, after deliberation by the Council of Ministers, make the voting of a legal provision an issue of the Government's responsibility before the Chamber of Deputies by motioning a vote of confidence (Article 132 of the Constitution). A debate on the vote of confidence must take place three full days after it has been tabled. Confidence may only be refused by voting under secret ballot by a two-thirds majority of the deputies. If confidence is refused, the Prime Minister must announce the Government's resignation to the President within 24 hours.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The Chamber of Deputies may raise the issue of the Government's responsibility or that of several members of the Government by voting a motion of censure (Article 130 of the Constitution).

Modalites

A motion of censure is only admissible after an interpellation and if it is signed by at least a fifth of the members of the Chamber of Deputies in the case of a member of the Government of by at least a third if it concerns the whole Government. Voting must take place at least 48 hours after the motion had been tabled, and it may only be adopted under secret voting by a majority of two-thirds of the members. The session's closure is by rights put back to allow for a motion of censure to be implemented.

Consequences

A member of the Government against whom a motion of censure had been adopted is required to submit his/her resignation to the President via the Prime Minister (Article 131 of the Constitution). When a motion is adopted against the Government, the Prime Minister presents his resignation to the President. The resignation of the Prime Minister necessitates the resignation of all members of the Government. If a motion of censure is rejected, its signatories may not table a new one during the same session. Between 1990 and 2000, two motions of censure were tabled and accepted.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The Supreme Court judges (i) in the criminal court as tribunal both of first and of final instance, the President, the Presidents of the Senate and the Chamber of Deputies, the President of the Supreme Court and the Prime Minister (Article 145.8 of the Constitution), and (ii) the President in the case of high treason or serious and deliberate violation of the Constitution (Article 145.10 of the Constitution).

Modalites and procedure

In the case of judgement for high treason or a violation of the Constitution, the decision to indict the President is voted by the two chambers in common by a two-thirds majority of each chamber.

Consequences

Not applicable

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The members of the Government are responsible to the President and to the parliament, with the Council of Ministers functioning on the basis of the principle of governmental solidarity.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the administration by means of hearings in the committees.

Committees of inquiry and missions to Government departments

The parliament exercises oversight over the actions of government departments via committees of inquiry.

Oral and written questions of parliamentarians

A deputy or group of deputies may address an oral question to the Prime Minister or any other member of the Government with a view to obtaining a verbal response. Similarly, a written question for information may be addressed to the Prime Minister or to any other member of the Government. Replies to questions must be formulated within 15 days of their being delivered, but there may be a possibility of extending the deadline by 30 days upon the request of the concerned authority. Three hours are reserved for questions during each Wednesday session. These may give rise to debate.

Role of Parliament in the appointment of senior Government officials

The parliament plays a role in electing magistrates to the Supreme Court as well as commissioners of various committees linked with good governance.

Activity reports of the Government administration and of public services or establishments

Certain public services are required to submit activity reports to the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The office of the Ombudsman is an independent public institution in the exercise of its attributions (Article 182 of the Constitution). Its members are appointed by the Council of Ministers.

Relationship to Parliament

The Ombudsman is responsible for (i) liasing between citizens and institutions, and public and private services, (ii) preventing and combating injustice, corruption and other offences occurring in public and private services, and for (iii) receiving and examining the complaints of individuals and private associations against the actions of agents or public and private services and if those complaints are well-founded, engaging the attention of those agents or services in an attempt to find a feasible solution. The office may not be involved in the preparing or judging inquiries brought before the courts but may submit complaints referred to it to the jurisdictions or to the responsible services, which are required to issue a response. Every year the Ombudsman presents a programme and activities report to the President and to the parliament, reserving a copy for other state bodies.

Consultation of Parliament in the preparation of the national budget

No

Not applicable

Modalities of oversight

Examination of the budget / finance act by Parliament

Each year the Chamber of Deputies approves the state budget (Article 79 of the Constitution). The finance bill is submitted to it before the budget session opens. The Chamber of Deputies examines the budget for the following financial year in the light of the report of execution on the current financial year's budget, submitted by the Government. Before the budget is adopted definitively, the President of the Chamber of Deputies consults the opinion of the Senate on the state finance bill.

Reports on the budget / finance act by Committees

During the committee's examination of the finance bill, the ministers come in turn to give an account of the budget for their ministerial department, after which the budget us approved by the assembly in plenary.

Fields overseen

Defence budget

The parliament exercises control over all public funds.

Budget of special departments

Not applicable

Role of Parliament in national development plans

The parliament participates in seminars and conferences on this subject, and introduces the bill that fits with economic development.

Parliament's deadline for the examination and adoption of the budget / finance act

The deadline for examining the national budget is 40 days after the first ordinary session has opened.

Consequences of failure by Parliament to adopt the budget / finance act

If the budget proposal has not been voted and promulgated before the end of that financial year, the Prime Minister authorises by decree the use of the provisional twelfths on the basis of the most recent annual financial budget (Article 80 of the Constitution).

Budgetary autonomy of Parliament

Yes

Each chamber of the parliament has its own budget and enjoys autonomy over the management of administration and finance (Article 74 of the Constitution).

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

For each financial year up to 30 June of the following year, the Government submits to the Chamber of Deputies a finance bill for the financial year in question, accompanied by a report of reddition certified by the auditor general for state finance (Article 79 of the Constitution). The report of reddition must be submitted to the auditor general by the Government at the latest by 31 March of the year following the financial year.

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Office of the Auditor General for State Finances is an independent national institution responsible for auditing the finances of the State (Article 183 of the Constitution). It is a legally autonomous body with administrative and financial autonomy. The office is directed by an auditor-general and assisted by a deputy auditor-general and as many agents as required. It is responsible for (i) checking objectively whether the revenue and expenditure of state and local authorities, public organizations, semi-public institutions, national and mixed capital institutions and state projects, have been implemented following current laws and regulations and in accordance with the formalities and grounds prescribed, (ii) carry out auditing and management oversight with regard to the regularity, efficiency and adequacy of expenditure by all the services mentioned, and to (iii) carry out management, portfolio and strategic auditing for all the aforementioned services.

Reports of the public auditor's office

No one may involve him or herself in the managements of the office, or instruct its agents or aim to influence them in their operations. Each year, the auditor-general's office submits a report on the execution of the current year's budget before the opening of the session for examining the budget of the financial year that has just passed. This report must give details of the manner in which the accounts have been managed, the expenditure carried out wrongly or irregularly, and if there has been any misappropriation or embezzlement of public funds. A copy if this report is addressed to the President, to the Government, to the President of the Supreme Court and to the Attorney General. The parliament may make the office responsible for carrying out all financial auditing for state services or where funds allocated by the State are concerned. The institutions and authorities targeted by the auditor's report are required to follow up by taking measures that deal in particular with the irregularities and shortcomings stated.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy via the Committee for Foreign Affairs and Cooperation.

Powers of the Committee

Not available

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy with bilateral visits and inter-parliamentary conferences.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by occasionally organizing plenary debates on foreign policy related issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament may take the initiative of sending a delegation to inter-governmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President negotiates and ratifies international treaties and agreements (Article 189 of the Constitution). The parliament is informed about them after they have been concluded. However, peace treaties, commercial treaties, treaties or agreements relating to international organizations, those that engage state finances, those that modify legislative clauses, and those that relate to the status of persons may only be ratified after authorized by the parliament. The President and the parliament are informed of all negotiations on international treaties and agreements not subject to ratification. If the authorities have brought an international agreement before the Supreme Court and the Court declares that is contains a clause contradicting the Constitution, the authorization to ratify or approve it may only take place after the revision of the Constitution (Article 192 of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

The chamber has no other means of control in addition to the aforementioned.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy via the Committee for Security and National Integrity.

Powers of the Committee

The Committee is responsible for all issues related to national integrity, military cooperation, and all issues related to the declaration of war and the cessations of hostilities.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President is the supreme commander of the armed forces (Article 110 of the Constitution). He/she declares war, signs armistices and peace accords, and declares a state of siege and a state of emergency.

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

The chamber has no other means of control in addition to the aforementioned.

Circumstances

The President has the right to declare war and informs the parliament within seven days (Article 136 of the Constitution). The parliament decides on a declaration of war by a simple majority of the members of each chamber. A state of siege and a state of emergency is proclaimed by the President after the decision of the Council of Ministers. A declaration of a state of siege or state of emergency must be duly reasoned and must specify the scope of the territory in question, its effects, the rights, the liberties and guarantees suspended as a result and its duration, which may be no longer than 15 days. Its extension beyond 15 days may only be authorized by the parliamentary decision by a two-thirds majority of each chamber. A state of siege must be limited to the period strictly necessary for quickly re-establishing a normal democratic situation.

A state of siege over whole or part of the national territory may only be declared in the event of effective or immediate aggression on national territory by foreign forces, or in the event of a serious threat or danger to constitutional order (Article 138 of the Constitution). A state of emergency is declared on whole or part of national territory in the event of public disaster or a threat to constitutional order whose seriousness does not justify the declaration of a state of siege.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The declaration of a state of siege or a state of emergency may neither affect any of the competencies of the President, of the Prime Minister, of the Parliament or of the Supreme Court nor alter the principles of responsibility of the State and its agents enshrined in the Constitution. During a state of siege or emergency and up to 30 days after it has been lifted, no electoral operation may take place.

For the duration of a state of siege or a state of emergency, the Chamber of Deputies may not be dissolved and the two chambers are automatically convened if they are not sitting in ordinary session. If the Chamber of Deputies has been dissolved on the date of the declaration of a state of siege or emergency or if the legislature has been dissolved, the competencies of the parliament in relation to the state of siege or emergency are exercised by the Senate. When the parliament can in no way sit, the President adopts governmental decrees adopted by the Council of Ministers and with the same value as ordinary bills. If the parliament fails to confirm the government decrees at its next session, they loose all force.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

The Supreme Court is directed by a president, and assisted by a vice-president and 12 other judges (Article 146 of the Constitution). The president and the vice-president are elected for a special eight-year mandate by the Senate by an absolute majority of its members upon the proposal of the President at the rate of two candidates per post and after consultation with the Higher Council of the Judiciary. The parliament may dismiss them from office for loss of dignity, for incompetence or for grave professional misconduct, by decision of a two-thirds majority of the members of each chamber and at the initiative of three-fifths of the members of the Chamber of Deputies of the Senate.

Means and procedures

The Supreme Court is the highest jurisdiction in the country (Article 144 of the Constitution). Its decisions are not subject to any recourse except for judicial review or pardon. They apply to all who are party to it, namely public authorities and all administrative, civil, military and jurisdictional authorities as well as individual authorities. The Supreme Court (i) guarantees the application of the law by the Courts and tribunals, coordinates and oversees their activity, (ii) oversees the constitutionality of basic laws and internal regulations of each of the chambers of the parliament before their promulgation, (iii) oversees at the request of the President, the Presidents of the Chambers or of a fifth of the deputies or senators, the constitutionality of international treaties and agreements as well as bills and gives technical advice before the decision of the competent authorities, (iv) rules on appeals for unconstitutionality of bills and government decrees, (v) and exercises the other functions attributed to it by the Constitution.

Evaluation of laws

No

Not applicable

Measures

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