Overview:

The origins of the National Commission for Human Rights date back to the Arusha Peace Agreement of August 1993 between the Government of Rwanda of that time and the Rwanda Patriotic Front, in its Protocol on the Rule of Law. The creation of a National Human Rights Commission was a prerogative to the establishment of the Rule of Law due to the fact that Rwanda has in the past experienced prolonged periods of regimes that massively violated human rights and had a culture of impunity that culminated in the 1994 genocide.

The National Commission for Human Rights is provided for by the Constitution of the Republic of Rwanda of 4th June 2003 as amended to date. Its Article 177 states: “The National Commission for Human Rights is an independent national Commission especially in charge of the promotion and protection of human rights… A Law shall determine responsibilities, organization and functioning of this Commission”. 

The National Human Rights Commission of Rwanda has been created by the Law n° 04/99 of 12th March 1999 modified and complemented by the Law n° 35/2002 of 31st December 2002. This Law was replaced by the Law n° 30/2007 of 6th July 2007 determining the organization and functioning of the National Commission for Human Rights based on the Constitution of the Republic of Rwanda of 4th June 2003 as amended to date. Recently, so as to comply with the Paris Principles, the Law n° 30/2007 of 6th July 2007 has been replaced by Law n° 19/2013 of 25/03/2013 determining mission, organization and functioning of the National Commission for Human Rights.

As the Law n° 04/99 of 12th March 1999 conferred to the Commission only general responsibilities, it has been modified and complemented by Law n° 35/2002 of 31st December 2002 which set detailed responsibilities and powers. The name of the Commission “National Human Rights Commission” was replaced by “Rwanda Commission for Human Rights”.

Although the Law n° 35/2002 of 31st December 2002 set forth detailed responsibilities of the Commission, but it didn’t guarantee the immunity of Commissioners from prosecution for their opinions in the scope of the exercise of their duties which was guaranteed by the first law and this was contrary to the Paris Principles. It is in this context the Law n° 35/2002 of 31st December 2002 was replaced by Law n° 30/2007 of 6th July 2007 which determined the responsibilities, organization and functioning of the Commission in accordance with Article 177 of the Constitution of the Republic of Rwanda of 4th June 2003. 

Progressively, the Law n° 30/2007 of 6th July 2007 was replaced by the Law n° 19/2013 of 25/03/2013 determining mission, organization and functioning of the National Commission for Human Rights. This new law sets forth new provisions required by the Paris Principles which were missing in three previous laws so as to guarantee the independence and autonomy of the Commission. 

Finally, the Law n° 19/2013 of 25/03/2013 determining mission, organization and functioning of the National Commission for Human Rights was modified by the Law N° 61/2018 of 24/08/2018 determining missions, organisation and functioning of the National Commission for Human Rights. This new law confers to the Commission powers and Special responsibilities as regards to the prevention of torture and other cruel, inhuman or degrading treatment or punishment.

The Commission has its Internal Rules and Regulations which broadly stress the structure, organization, powers and functioning of the Rwanda National Commission for Human Rights.

Vision of NCHR

A Rwandan society that enjoys Human Rights and Fundamental Freedoms

Mission of NCHR

The overall mission of the Commission is human rights promotion and protection

Powers of NCHR:

The National Commission for Human has the following ordinary powers:

•  To receive and consider testimonies on Human Rights violations;
• To have access to any place where human rights violations are alleged or reported including places of detention for the purpose of investigations;
• To contact, interrogate and seek explanations from any person likely to have testimony, information, responsibility and expertise deemed to enlighten the Commission on scrutinizing and collecting Human Rights violation evidence;
• To have access to documents, consult them on the spot or get their copies as well as any other document required by the Commission to be able to analyze and collect Human Rights violation evidence. Documents or items given to the Commission shall be returned to owners or organs of origin in a period not exceeding three (3) months;
• To conduct mediation and conciliation between parties with H uman R ights litigations where the mediation or conciliation does not contravene the law;
• To request relevant organs unconditionally restore the rights of any person where it appears that his/her rights have been violated; - To request relevant organs to bring to justice any person having committed offences related to the violation of Human Rights;
• To carry out survey on thematic issues and publish findings with the purpose of promoting Human Rights.
• Unrestricted access to all documents and all information owned by relevant institutions, relating to the number of persons deprived of their liberty, the number of detention places and their location;
• Unrestricted access to all information referring to the treatment of persons deprived of their liberty as well as their conditions of detention;
• Unrestricted access to all places of detention and their premises and facilities;
• Conduct talk in private at any time with persons deprived of their liberty or with any other person likely to provide useful information;
• To make audio recording and take photos that can help the Commission in fulfilling its responsibilities and respecting the privacy of the person.

Particularly, Commissioners have permanent judicial police power throughout the territory of Rwanda while discharging their duties.

Besides, the Commission has powers to file legal proceedings in civil, commercial, labor and administrative matters for violation of human rights provided by the Constitution, international treaties ratified by Rwanda and other laws. If deemed necessary, a staff member of the Commission may be given judicial police powers
by competent authority upon request by the Chairperson of the Commission.