(HRIC) of the University of Bristol-UK and the Association on Prevention of
Torture (APT) organized a two days expert working group to discuss the
designation of a National Preventive Mechanism. Other consultations took
place at national level organized by the Ministry of Justice and currently a
draft law establishing the NPM is available in the National Commission for
Human Rights.
PART III: INFORMATION CONCERNING EACH OF THE RIGHTS,
DUTIES AND FREEDOMS IN RELATION TO APPROPRIATE
INDIVIDUAL ARTICLES OF THE CHARTER
Article 2: Prohibition of Discrimination & Article 3: Right to equality
before the law
65. The Constitution of the Republic of Rwanda in its Article 15 provides for the
equality and protection from discrimination. It states that “ discrimination of
any kind or its propaganda based on, inter alia, ethnic origin, family or
ancestry, clan, skin colour or race, sex, region, economic categories, religion
or faith are prohibited and punishable by law.
66. It is important to recognize that Rwanda legal system explicitly guarantees
equality before the law and equal protection of the law. The Rwandan
Constitution states that all citizens are born and remain free and equal in
rights and duties. The Rwandan Constitution further stipulates that
discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan,
colour, sex, region, social origin, religion or faith, opinion, economic status,
culture, language, social status, physical or mental disability or any other
form of discrimination is prohibited and punishable by law.9
67. This is reinforced by the Code of ethics for Judiciary which binds the judge to
serve the cause of justice with fidelity, integrity, objectivity and impartiality
without any discrimination whatsoever, particularly with regard to race,
colour, origin, ethnic group, clan, sex, opinion, religion, or social status. 10 The
Code of Criminal Procedure provides for the right to legal representation and
Article 16 of the Constitution of the Republic of Rwanda of 2003 revised in 2015
Article 12 of the Law N° 09/2004 of 27/04/2004 establishing the code of ethics for judiciary, O.G No 11 of 1st
June 2004.
9
10
Page 26 of 105