The dictator Kagame at UN

The dictator Kagame at UN
Dictators like Kagame who have changed their national constitutions to remain indefinitely on power should not be involved in UN high level and global activities including chairing UN meetings

Why has the UN ignored its own report about the massacres of Hutu refugees in DRC ?

The UN has ignored its own reports, NGOs and media reports about the massacres of hundreds of thousands of Hutu in DRC Congo (estimated to be more than 400,000) by Kagame when he attacked Hutu refugee camps in Eastern DRC in 1996. This barbaric killings and human rights violations were perpetrated by Kagame’s RPF with the approval of UK and USA and with sympathetic understanding and knowledge of UNHCR and international NGOs which were operating in the refugees camps. According to the UN, NGO and media reports between 1993 and 2003 women and girls were raped. Men slaughtered. Refugees killed with machetes and sticks. The attacks of refugees also prevented humanitarian organisations to help many other refugees and were forced to die from cholera and other diseases. Other refugees who tried to return to Rwanda where killed on their way by RFI and did not reach their homes. No media, no UNHCR, no NGO were there to witness these massacres. When Kagame plans to kill, he makes sure no NGO and no media are prevent. Kagame always kills at night.

31 Mar 2015

[AfricaRealities.com] Rwanda - ‘Under no circumstances’ clause is inviolable, Pambazuka

 


FEATURES

'Under no circumstances' clause is inviolable

On Rwanda's presidential terms limit in the 2003 constitution

Charles KM Kambanda

2015-03-25, Issue 719

http://pambazuka.org/en/category/features/94279

Bookmark and Share

Printer friendly version

There is no legal instrument or method to circumvent the presidential terms limit under Article 101 of Rwanda's constitution, save for a coup which would suspend or abrogate the constitution in its entirety. By the letter and spirit of the 2003 constitution, while the length of a presidential term may be decreased or increased from the current seven years, the two terms limit cannot be legally lifted.

A systematic move to drop presidential terms limit to allow the incumbent Paul Kagame to run for the same office after his two constitutional terms expire in 2017 has gained momentum in Rwanda. Top Kagame regime officials are on a crusade to 'popularize' dropping terms limit from the constitution arguing that no Rwandan but Kagame is capable of leading the country. It appears the Kagame regime wants to give an impression that 'the people' are begging Kagame to stay in power, yet the people passed their verdict in the 2003 constitution, Article 101, that 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'. 

WRONG ARGUMENT, SELFISH MOTIVE

The gist of the Kagame regime argument is that 'the people' have powers to change any provision of the constitution at any time 'the people' believe a provision, or a combination of provisions, in the constitution has/have been overtaken by events. The common stanza in Kagame's camp is that no Rwandan is capable of leading the country; Kagame cannot go just because the constitution dictates so. The constitution must be amended to save Kagame for the country's First Office. 

It appears to me that the First Office is Kagame's shield from prosecution for his alleged crimes of international concern in Rwanda and in DR Congo. In addition, Kagame has allegedly butchered both the Hutu and Tutsi way too much that he believes – and rightly so – that no Rwandan, Hutu, Tutsi or otherwise, would take power and keep him as a free man. Kagame has harassed, tormented and incapacitated his predecessor, President Bizimungu. President Kagame probably fears that if he leaves the First Office, his successor will treat him in the same way he has treated his predecessor. It is evident that the Presidency is to President Kagame what water is for fish in the pond. Kagame will probably stop at nothing to hold on to power as long as it is possible for him to hold on to power. Kagame took power by the gun and he rules by the gun. It is obvious that his preoccupation is not rule of law. 

It is my submission that regarding presidential terms limit, under Rwanda's constitution, Kagame has only two options: either to abide by the Article 101 provision that 'Under no circumstances shall a person hold the office of President of the Republic for more than two terms', or overthrow the constitution and his government, which would allow him to write a new constitution. 

STRATEGY TO OVERTHROW THE CONSTITUTION

Article 101 of Rwanda's constitution provides that: 'The President of the Republic is elected for a term of seven years renewable only once. Under no circumstances shall a person hold the office of President of the Republic for more than two terms'. This constitutional provision is categorical on three major things:

(a) No circumstance – external or internal, political or social, present or future by any institution or individual - may be the basis for allowing any person to be president if that person has served two terms. Clearly stated, no amendment to this provision is possible because any reason or ground to amend the two terms cap under Article 101 would amount to 'circumstances' hence triggering the 'under no circumstance' clause of Article 101.  

(b) Whether one serves two presidential terms uninterrupted or interrupted, two terms is the cut-off point; no person can hold that office beyond two terms under the 2003 Rwanda constitution.

(c) Serving more than two terms is as prohibited as amending Article 101. Consequently, as long as the 2003 constitution is in force, no circumstance – including 'the people's' zeal to keep Kagame - is permitted to modify this provision. 

ARTICLE 101 CANNOT BE AMENDED USING ARTICLE 193

Article 193 provides that: 'The power to initiate amendment of the Constitution is vested concurrently in the President of the Republic upon the proposal of the Cabinet and each Chamber of Parliament upon a resolution passed by a two-thirds majority vote of its members. The passage of a constitutional amendment requires a three quarters majority vote of the members of each chamber of Parliament. However, if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, or the constitutional regime established by this Constitution especially the republican form of the government or national sovereignty, the amendment must be passed by referendum, after adoption by each Chamber of Parliament…' Apparently, the Kagame regime wrongly believes that the constitutional amendment procedure under Article 193, including a referendum, applies to Article 101 on presidential terms limit as well. 

Articles 101 and 193 of Rwandan constitution are distinguishable. First, Article 101 has two distinct parts (sections). The first part deals with the number of years each term lasts: 'The President of the Republic is elected for a term of seven years renewable only once'. This part is clearly amendable under Article 193 because Article 193 provides that, 'The power to initiate amendment of the Constitution is vested concurrently in the President of the Republic upon the proposal of the Cabinet and each Chamber of Parliament […] However, if the constitutional amendment concerns the term of the President of the Republic or … the amendment must be passed by referendum, after adoption by each Chamber of Parliament…'. The second part (section) of Article 101 deals with the number of terms a person can be in office, thus, 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'. Therefore while Article 193, which provides for the 2003 constitution amendment procedure, provides for amendment to the number of years per presidential term, Article 193 does not tamper with the presidential terms limits (the two terms) because Article 101 itself sealed off presidential terms limit from amendment with the "under no circumstance…" clause as long as the 2003 constitution is in force. In Article 193, like Article 101, the word term (singular form) refers to the number of years per presidential term while the word terms (plural form) refers to the number of terms a person can be a president. 

Second, whereas under Article 193 the president and parliament may initiate an amendment to the constitution, Article 101's 'under no circumstance' clause prevents the president or parliament from initiating amendment to Article 101 section on presidential terms limit because any reason(s) and/or circumstance(s) for such amendment would trigger Article 101 'under no circumstances …' clause. 

Third, whereas Article 193 provides for amendment of other provisions of the constitution for the constitution to adopt to changing circumstances, using any circumstance thereof would be inconsistent with Article 101 'under no circumstance' clause. Consequently, any law that seeks to amend Article 101 to reflect changing circumstances (political or social) - to the extent that it is inconsistent with Article 101 'under no circumstance' clause - is null and void under Article 200 of Rwanda's constitution, which provides that: 'The Constitution is the supreme law of the State. Any law which is contrary to this Constitution is null and void'. 

REFERENDUM TO AMEND SECTION ON TERMS LIMIT WOULD BE ILLEGAL AND A NULLITY

Article 101 of Rwanda's constitution cannot be amended by referendum because such a referendum or circumstance leading to it would amount to circumstance which Article 101's 'under no circumstance …' clause prohibits. 

A referendum on Rwanda's constitution is provided for to amend, inter alia, the number of years one presidential term can last as provided for under Article 193: '… if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, […] the amendment must be passed by referendum, after adoption by each Chamber of Parliament…'. 

Therefore, while one presidential term can be increased or decreased to any number by referendum, the two presidential terms limit under Article 101 can never be changed under the 2003 constitution because 'Under no circumstances shall a person hold the office of President of Republic for more than two terms'.

Article 193 of Rwanda's constitution is wrongly cited by the Kagame government as the basis for overriding Article 101 which slaps a complete ban on a person's stay in power after serving two terms. The Kagame government's appreciation of the two articles of the country's constitution is erroneous because the two articles address different issues. There is no inconsistence between Article 101 and Article 193. In any case, the framers of Rwanda's constitution could not have intended that one article of the constitution invalidates another provision of the same constitution.

Article 101 of Rwanda's constitution cannot be amended. The framers of Rwanda's constitution worded the article in such a way that any reason or circumstance anybody or a group of people might have against the presidential terms limit cannot be used to amend Article 101 because the article foresaw all those possible 'reasons' and circumstances and concluded that 'under no circumstance…' and, accordingly, Article 200 puts it clearly that any law or act to tamper with Article 101 or any other provision of the constitution is null and void. 

The intention of the framers of the 2003 Rwanda constitution in sealing off presidential terms limit from amendment was to make sure that no Rwandan is president for an indefinite period of time and, possibly, for life. Rwandans are aware of the dangers of one group of people holding on to power indefinitely. Rwandan's political history is characterized by extreme violence and militant rulers loading it over their subjects indefinitely. This has always led to wars and horrific crimes. 

* Charles KM Kambanda, PhD, is Attorney and Counsel-at-law, New York, US.

* THE VIEWS OF THE ABOVE ARTICLE ARE THOSE OF THE AUTHOR/S AND DO NOT NECESSARILY REFLECT THE VIEWS OF THE PAMBAZUKA NEWS EDITORIAL TEAM

* BROUGHT TO YOU BY PAMBAZUKA NEWS

* Please do not take Pambazuka for granted! Become a Friend of Pambazuka and make a donation NOW to help keep Pambazuka FREE and INDEPENDENT!

* Please send comments to editor[at]pambazuka[dot]org or comment online at Pambazuka News.

READERS' COMMENTS

Let your voice be heard. Comment on this article.




↑ back to top



###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

27 Mar 2015

[AfricaRealities.com] Rwanda’s political future: King Paul- A successful man with no successor

 

And yet in one important respect he [King Paul] has failed. In history's judgment, leaders are only as good as the successors they groom. Mr Kagame has sacked or chased away just about everyone around him who could take over. Some have fled the country and a few have died in mysterious circumstances; others went to prison. In Rwanda it feels inconceivable that anyone could replace Mr Kagame, who last year said that dissidents plotting against the government would "pay the price wherever they are."
http://www.economist.com/news/middle-east-and-africa/21647365-successful-man-no-successor-king-paul


###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

[AfricaRealities.com] USA: How does Africa get reported? A letter of concern to 60 Minutes

 



###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

[AfricaRealities.com] Burundi ruling party officials ask president to drop third term quest

 


Photo

By Patrick Nduwimana

BUJUMBURA (Reuters) - Dozens of senior officials in Burundi's ruling party have urged President Pierre Nkurunziza to abandon a quest for a third term this June to avoid renewed violence in the landlocked central African nation.

Some 79 members of the CNDD-FDD Party wrote to Nkurunziza on Monday, a spokesman for the group said on Thursday, joining a rising chorus of critics saying he cannot run again under the terms of a 2000 deal to end years of fighting between Hutu and Tutsi ethnic groups.

The party responded by sacking 10 initial signatories, including Nkurunziza's spokesman, the party's spokesman, three members of parliament and a provincial governor, newly-appointed CNDD-FDD spokesman Gelase Ndabirabe said.

"The issue about a third term for the current president continues to raise tension and divide the Burundian people," Festus Ntanyungu, a lawmaker who spoke on behalf of 79 senior officials of Hutu CNDD-FDD, told Reuters.

"For the sake of peace and to avoid violence, we asked ... Nkurunziza to drop any attempt for another third term."

Tanzanian President Jakaya Kikwete said last week on a visit to Burundi that violating the legal limit on the president's term would spark violence that would be hard to stop.

Tanzania brokered the deal in 2000, which limited the president to two five-year terms in office and helped to end years of ethnic conflict in the tiny coffee growing nation of nearly 10 million people.

A visiting U.N. Security Council delegation two weeks ago also appealed for strict adherence to the constitution to consolidate the fragile peace in the country

Nkurunziza has not said if he will run, but supporters argue the former rebel leader can because he was selected by lawmakers rather than voted into office in 2005 for his first term.

Willy Nyamitwe, a top communication adviser in Nkurunziza's office, said there was no need for him to respond to the letter.

"The president can't give any answer to that letter, because he has never said that he will be a candidate," he said.

(Editing by George Obulutsa and Tom Heneghan)



###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

25 Mar 2015

[AfricaRealities.com] Given Its Lessons In Recovery From Terror-State Germany Shouldn't Embrace Gen. Kagame-Regime

 



###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

[AfricaRealities.com] Rwanda: "A great deal of intelligence can be invested in ignorance when the need for illusion is deep."

 



###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

23 Mar 2015

[AfricaRealities.com] PM David Cameron’s example to African Dictators.

 

PM David Cameron's example to African Dictators.

Most dictators in some African countries have been justifying  their prospects to change the constitution to stay on power for ever  by citing UK Prime Minister as an example.
These  dictators are Museveni of Uganda, Kagame of Rwanda, Kabila of DR Congo and Nkurunziza of Burundi.
Now Prime Minister David Cameroon is saying that  this not case in the  UK.
More at:
David Cameron 'won't serve third term' if re-elected


__._,_.___
Posted by: Afrika Watch <afrikawatch@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:

[AfricaRealities.com] ON RWANDA’S PRESIDENTIAL TERMS LIMIT IN THE 2003 RWANDAN CONSTITUTION AS AMENDED

 

A referendum to amend Article 101 of the Rwandan Constitution would be illegal and null. Article 101 of the Rwandan Constitution cannot be amended by a referendum because such a referendum would amount to "circumstance," yet Article 101 provides that "under no circumstance …" can the Article 101 provision be modified.
Charles Kambanda
Charles Kambanda9:50pm Mar 22 
ON RWANDA'S PRESIDENTIAL TERMS LIMIT IN THE 2003 RWANDAN CONSTITUTION AS AMENDED:

There is no legal instrument or methods to circumvent the terms limit save for a coup which would suspend or abrogate the Rwandan Constitution in its entirety.

A systematic move to drop presidential terms limit, to allow the incumbent to run for the same office after his two constitutional terms expire in 2017, is gaining momentum in Rwanda. Top Kagame regime officials are on a crusade to popularize their plan to drop term limit from the constitution. No Rwandan but current President Paul Kagame, they argue, is capable of leading the country. It appears that the Kagame regime wants to give the world the idea that "the people" are begging Kagame to stay in power, contrary to what "the people" have already said under Article 101 of the Rwandan Constitution.

Wrong argument and motive:

The gist of the Kagame regime's argument is that "the people" have powers to change any provision of the constitution at any time they believe a provision or a combination of provisions in the constitution has been overtaken by events. The common stanza in Kagame's camp is that no Rwandan is capable of leading the country; Kagame cannot go just because the constitution dictates he must. The constitution must therefore be amended to keep Kagame in the country's top office. It appears to me that the top office is Kagame's shield from prosecution for crimes in Rwanda and the Democratic Republic of the Congo (DRC), which have been alleged in international courts. It is evident that the Presidency is to President Kagame what water is for fish. He will probably stop at nothing to hold on to power as long as it's possible for him. In any case, he took power by the gun, he rules by the gun.

Strategy to amend the Rwandan Constitution:
Article 101 of the Rwandan Constitution provides that, "The President of the Republic is elected for a term of seven years, renewable only once. Under no circumstances shall a person hold the office of President of Republic for more than two terms." 

This constitutional provision is categorical on three major points:

(a) No circumstance – external or internal, political or social, present or future by any institution or individual - may be the basis for allowing any person to be president if that person has served two terms. Clearly stated, no amendment to this provision is possible as such grounds for such amendment would amount to circumstances that are certainly prohibited by the "under no circumstance" clause of Article 101.

(b) Whether one serves two presidential terms uninterrupted or interrupted, two terms is the cut-off point; no person can hold that office beyond two terms under the 2003 Rwandan Constitution.

(c) Serving more than two terms is as prohibited, as is amending Article 101 on terms limit. Consequently, as long as the 2003 constitution is in force, no circumstance – including "the people's" zeal to keep Kagame is permitted to modify this provision.

Article 101 cannot be amended under Article 193 of Rwandan Constitution:

Article 193 provides that "The power to initiate amendment of the Constitution is vested concurrently in the President of the Republic upon the proposal of the Cabinet and each Chamber of Parliament upon a resolution passed by a two thirds majority vote of its members. The passage of a constitutional amendment requires a three quarters majority vote of the members of each chamber of Parliament. However, if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, or the constitutional regime established by this Constitution especially the republican form of the government or national sovereignty, the amendment must be passed by referendum, after adoption by each Chamber of Parliament…" Apparently, Kagame regime wrongly believes that the constitution amendment procedure under Article 193 including a referendum applies to Article 101 on presidential terms limit.

Articles 101 and 193 of Rwandan constitution are distinguishable:

First, whereas under Article 193, the President and Parliament may initiate an amendment to the constitution, Article 101 "under no circumstance" clause prevents the President or Parliament to initiate amendment to Article 101 because any reasons and/or circumstances for such amendment would trigger Article 101 "under no circumstances …" clause.

Second, whereas Article 193 provides for amendment of other provisions of the constitution for the constitution to adopt to changing circumstances, using any circumstance thereof would be inconsistent with Article 101 " under no circumstance …" clause. Consequently, any law that seeks to amend Article 101 to reflect changing circumstances (political or social) - to the extent it is inconsistent with Article 101 "under no circumstance" clause - is null and void under Article 200 of the Rwandan Constitution, which provides that "The Constitution is the supreme law of the state. Any law which is contrary to this Constitution is null and void".

Third, while Article 193 of the Rwandan Constitution provides for amendment to the current number of years per presidential term (seven years), Article 101 deals with the number of years one presidential term lasts and the number of terms after which a person cannot hold the Rwanda's top office ( two terms). Therefore, while the number of years each presidential term can last is subject to amendment under Article 193, the number of terms (2 terms) a person can be a president is not subject to change because Article 101 has already sealed the number of terms to two not renewable terms. While Article 193 provides "… if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism […] the amendment must be passed by referendum, after adoption by each Chamber of Parliament…", Article 101 provides "The President of the Republic is elected for a term of seven years renewable only once. Under no circumstances shall a person hold the office of President of Republic for more than two terms". There is a difference between term (singular) – which refers to the number of years per term and terms (plural) – which refers to the number of terms a person can be a president under Rwanda's constitution. In both Article 101 and Article 193, the word "term" refers to the number of years that constitute a term while the word "terms" in Article 101 refers to the number of terms a person can be president. While Article 193 provides for amendment of presidential term (7 years), the Article is silent about the process to amend presidential "terms" because Article 101 sealed presidential terms off for amendment under the "under no circumstance …" clause. 

A referendum to amend Article 101 would be illegal and null:
Article 101 of the Rwandan Constitution cannot be amended by a referendum because such a referendum would amount to "circumstance," yet Article 101 provides that "under no circumstance …" can the Article 101 provision be modified.

A referendum in Rwanda's constitution is provided for to amend, inter alia, the number of years one presidential term can last as provided for under Article 193 "… if the constitutional amendment concerns the term of the President of the Republic or the system of democratic government based on political pluralism, […] the amendment must be passed by referendum, after adoption by each Chamber of Parliament…".

Therefore, whereas the number of years one term of the president can be more than 7 or even less than 7 if that amendment is passed by referendum after adoption by each Chamber, Article 101 is beyond that; not even a referendum would modify Article 101 because "The President of the Republic is elected for [one] term of seven years, renewable only once [and] Under no circumstances shall a person hold the office of President of Republic for more than two terms", as per Article 101 of Rwanda's constitution.

Article 193 of Rwanda's constitution is wrongly cited by Kagame government as the basis for overriding Article 101 which slaps a complete ban on a person's stay in power after serving two terms. There is no inconsistency between Article 101 and Article 193. In any case, the framers of Rwanda's constitution cannot have intended that one Article of the Constitutions invalidates another provision of the constitution. Certainly, the framers of the constitution used "term" and "terms" to mean two different things in Article 101. The fact that the framers of the constitution subjected presidential "term" to amendment under Article 193 without subjecting presidential "terms" to amendment under 193 is revealing; the "under no circumstance …" clause on presidential terms limit is unaffected by the constitutional amendment process under Article 193

Article 101 of Rwanda's constitution cannot be amended. The framers of Rwanda's constitution worded Article 101 in such a way that any reason or circumstance anybody or a group of people might have against the presidential terms limit cannot be used to amend Article 101 because the Article foresaw all those possible "reasons" and circumstances and concluded that "under no circumstance…" and, accordingly, Article 200 puts it clearly that any law or act to tamper with Article 101 or any other provision of the constitution is null and void. 

The framers of the 2003 Rwanda constitution sealed off presidential terms limit from amendment probably because Rwandans are aware of the dangers of one group of people holding on to power indefinitely. Rwandan's political history is characterized by extreme violence and militant rulers loading it over their subjects indefinitely. This has always led to wars and horrific crimes. It's not surprising that the 2003 constitution is unique on presidential terms limit.

###
"Hate Cannot Drive Out Hate. Only Love Can Do That", Dr. Martin Luther King.

__._,_.___
Posted by: Nzinink <nzinink@yahoo.com>
Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
----------------------------------------------------------------------------------------------------------
The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.
I have loved justice and hated iniquity: therefore I die in exile.
The price good men pay for indifference to public affairs is to be ruled by evil men.
When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.
----------------------------------------------------------------------------------------------------------
The Voice of the Poor, the Weak and Powerless.

-----------------------------------------------------------
Post message:  AfricaRealities@yahoogroups.com
Subscribe: AfricaRealities-subscribe@yahoogroups.com
Unsubscribe: AfricaRealities-unsubscribe@yahoogroups.com
List owner: AfricaRealities-owner@yahoogroups.com
__________________________________________________________________

Please consider the environment before printing this email or any attachments.
---------------------------------------------------------------------------------------------------------------------
-http://www.africarealities.com/

-https://www.facebook.com/africarealities

-----------------------------------------------------------------------------------------
-New International Scholarships opportunities: http://www.scholarshipsgate.com
-----------------------------------------------------------------------------------------------

.

__,_._,___
at No comments:
Subscribe to: Posts (Atom)

-“The enemies of Freedom do not argue ; they shout and they shoot.”

The principal key root causes that lead to the Rwandan genocide of 1994 that affected all Rwandan ethnic groups were:

1)The majority Hutu community’s fear of the return of the discriminatory monarchy system that was practiced by the minority Tutsi community against the enslaved majority Hutu community for about 500 years

2)The Hutu community’s fear of Kagame’s guerrilla that committed massacres in the North of the country and other parts of the countries including assassinations of Rwandan politicians.

3) The Rwandan people felt abandoned by the international community ( who was believed to support Kagame’s guerrilla) and then decided to defend themselves with whatever means they had against the advance of Kagame’ guerrilla supported by Ugandan, Tanzanian and Ethiopian armies and other Western powers.

-“The enemies of Freedom do not argue ; they shout and they shoot.”

-“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

-“The price good men pay for indifference to public affairs is to be ruled by evil men.”

-“I have loved justice and hated iniquity: therefore I die in exile.”

The Rwanda war of 1990-1994 had multiple dimensions.

The Rwanda war of 1990-1994 had multiple dimensions. Among Kagame’s rebels who were fighting against the Rwandan government, there were foreigners, mainly Ugandan fighters who were hired to kill and rape innocent Rwandan people in Rwanda and refugees in DRC.

READ MORE RECENT NEWS AND OPINIONS

SUMMARY : THE TRAGIC CONSEQUENCES OF THE BRITISH BUDGET SUPPORT AND GEO-STRATEGIC AMBITIONS

United Kingdom's Proxy Wars in Africa: The Case of Rwanda and DR Congo:

The Rwandan genocide and 6,000,000 Congolese and Hutu refugees killed are the culminating point of a long UK’s battle to expand their influence to the African Great Lakes Region. UK supported Kagame’s guerrilla war by providing military support and money. The UK refused to intervene in Rwanda during the genocide to allow Kagame to take power by military means that triggered the genocide. Kagame’s fighters and their families were on the Ugandan payroll paid by UK budget support.


· 4 Heads of State assassinated in the francophone African Great Lakes Region.
· 2,000,000 people died in Hutu and Tutsi genocides in Rwanda, Burundi and RD.Congo.
· 600,000 Hutu refugees killed in R.D.Congo, Uganda, Central African Republic and Rep of Congo.
· 6,000,000 Congolese dead.
· 8,000,000 internal displaced people in Rwanda, Burundi and DR. Congo.
· 500,000 permanent Rwandan and Burundian Hutu refugees, and Congolese refugees around the world.
· English language expansion to Rwanda to replace the French language.
· 20,000 Kagame’s fighters paid salaries from the British Budget Support from 1986 to present.
· £500,000 of British taxpayer’s money paid, so far, to Kagame and his cronies through the budget support, SWAPs, Tutsi-dominated parliament, consultancy, British and Tutsi-owned NGOs.
· Kagame has paid back the British aid received to invade Rwanda and to strengthen his political power by joining the East African Community together with Burundi, joining the Commonwealth, imposing the English Language to Rwandans to replace the French language; helping the British to establish businesses and to access to jobs in Rwanda, and to exploit minerals in D.R.Congo.


Thousands of Hutu murdered by Kagame inside Rwanda, e.g. Kibeho massacres

Thousands of Hutu murdered by Kagame inside Rwanda, e.g. Kibeho massacres
Kagame killed 200,000 Hutus from all regions of the country, the elderly and children who were left by their relatives, the disabled were burned alive. Other thousands of people were killed in several camps of displaced persons including Kibeho camp. All these war crimes remain unpunished.The British news reporters were accompanying Kagame’s fighters on day-by-day basis and witnessed these massacres, but they never reported on this.

Jobs

Loading...

Download Documents from Amnesty International

Loading...

25,000 Hutu bodies floated down River Akagera into Lake Victoria in Uganda.

25,000 Hutu bodies floated down River Akagera into Lake Victoria in Uganda.
The British irrational, extremist, partisan,biased, one-sided media and politicians have disregarded Kagame war crimes e.g. the Kibeho camp massacres, massacres of innocents Hutu refugees in DR. Congo. The British media have been supporting Kagame since he invaded Rwanda by organising the propaganda against the French over the Rwandan genocide, suppressing the truth about the genocide and promoting the impunity of Kagame and his cronies in the African Great Lakes Region. For the British, Rwanda does not need democracy, Rwanda is the African Israel; and Kagame and his guerilla fighters are heroes.The extremist British news reporters including Fergal Keane, Chris Simpson, Chris McGreal, Mark Doyle, etc. continue to hate the Hutus communities and to polarise the Rwandan society.

Kagame political ambitions triggered the genocide.

Kagame political ambitions triggered the genocide.
Kagame’s guerrilla war was aimed at accessing to power at any cost. He rejected all attempts and advice that could stop his military adventures including the cease-fire, political negotiations and cohabitation, and UN peacekeeping interventions. He ignored all warnings that could have helped him to manage the war without tragic consequences. Either you supported Kagame’ s wars and you are now his friend, or you were against his wars and you are his enemy. Therefore, Kagame as the Rwandan strong man now, you have to apologise to him for having been against his war and condemned his war crimes, or accept to be labelled as having been involved in the genocide. All key Kagame’s fighters who committed war crimes and crimes against humanity are the ones who hold key positions in Rwandan army and government for the last 15 years. They continue to be supported and advised by the British including Tony Blair, Andrew Mitchell MP, and the British army senior officials.

Aid that kills: The British Budget Support financed Museveni and Kagame’s wars in Rwanda and DRC.

Aid that kills: The British Budget Support financed Museveni and Kagame’s wars in Rwanda and DRC.
Genocide propaganda and fabrications are used by the so-called British scholars, news reporters and investigative journalists to promote their CVs and to get income out of the genocide through the selling of their books, providing testimonies against the French, access to consultancy contracts from the UN and Kagame, and participation in conferences and lectures in Rwanda, UK and internationally about genocide. Genocide propaganda has become a lucrative business for Kagame and the British. Anyone who condemned or did not support Kagame’s war is now in jail in Rwanda under the gacaca courts system suuported by British tax payer's money, or his/she is on arrest warrant if he/she managed to flee the Kagame’s regime. Others have fled the country and are still fleeing now. Many others Rwandans are being persecuted in their own country. Kagame is waiting indefinitely for the apologies from other players who warn him or who wanted to help to ensure that political negotiations take place between Kagame and the former government he was fighting against. Britain continues to supply foreign aid to Kagame and his cronies with media reports highlighting economic successes of Rwanda. Such reports are flawed and are aimed at misleading the British public to justify the use of British taxpayers’ money. Kagame and his cronies continue to milk British taxpayers’ money under the British budget support. This started from 1986 through the British budget support to Uganda until now.

Dictator Kagame: No remorse for his unwise actions and ambitions that led to the Rwandan genocide.

Dictator Kagame: No remorse for his unwise actions and ambitions that led to the Rwandan genocide.
No apologies yet to the Rwandan people. The assassination of President Juvenal Habyarimana by Kagame was the only gateway for Kagame to access power in Rwanda. The British media, politicians, and the so-called British scholars took the role of obstructing the search for the truth and justice; and of denying this assassination on behalf of General Kagame. General Paul Kagame has been obliging the whole world to apologise for his mistakes and war crimes. The UK’s way to apologise has been pumping massive aid into Rwanda's crony government and parliement; and supporting Kagame though media campaigns.

Fanatical, partisan, suspicious, childish and fawning relations between UK and Kagame

Fanatical, partisan, suspicious, childish and fawning relations between UK and Kagame
Kagame receives the British massive aid through the budget support, British excessive consultancy, sector wide programmes, the Tutsi-dominated parliament, British and Tutsi-owned NGOs; for political, economic and English language expansion to Rwanda. The British aid to Rwanda is not for all Rwandans. It is for Kagame himself and his Tutsi cronies.

Paul Kagame' actvities as former rebel

Africa

Loading...

UN News Centre - Africa

Loading...

The Africa Report - Latest

Loading...

IRIN - Great Lakes

Loading...

This blog reports the crimes that remain unpunished and the impunity that has generated a continuous cycle of massacres in many parts of Africa. In many cases, the perpetrators of the crimes seem to have acted in the knowledge that they would not be held to account for their actions.

The need to fight this impunity has become even clearer with the massacres and genocide in many parts of Africa and beyond.

The blog also addresses issues such as Rwanda War Crimes, Rwandan Refugee massacres in Dr Congo, genocide, African leaders’ war crimes and crimes against humanity, Africa war criminals, Africa crimes against humanity, Africa Justice.

-The British relentless and long running battle to become the sole player and gain new grounds of influence in the francophone African Great Lakes Region has led to the expulsion of other traditional players from the region, or strained diplomatic relations between the countries of the region and their traditional friends. These new tensions are even encouraged by the British using a variety of political and economic manoeuvres.

-General Kagame has been echoing the British advice that Rwanda does not need any loan or aid from Rwandan traditional development partners, meaning that British aid is enough to solve all Rwandan problems.

-The British obsession for the English Language expansion has become a tyranny that has led to genocide, war crimes and crimes against humanity, dictatorial regimes, human rights violations, mass killings, destruction of families, communities and cultures, permanent refugees and displaced persons in the African Great Lakes region.

- Rwanda, a country that is run by a corrupt clique of minority-tutsi is governed with institutional discrmination, human rights violations, dictatorship, authoritarianism and autocracy, as everybody would expect.