the event that the widower/widow did not have a child with the de
cujus, the former takes one half of the patrimony, and the heirs of the de
cujus share the other hall. Overall, a study on the impact of the law on
matrimonial regimes, liberalities and succession indicated that 15.34%
of the cases related to matrimonial regimes are registered in primary
courts and 3.14% in intermediary courts related to the law are registered
as an appeal.52
117.
Due to the unique status genocide survivors who are widows, the
Rwanda National Association of Genocide Widows-AVEGA
AGAHAZO was formed and 22 years later it supports the widows
together with their dependants to deal with the consequences of the
abuse they were subjected to during the 1994 Genocide against the
Tutsi. There is also an AVEGA Guarantee fund managed by Bank
Populaire du Rwanda (BPR) where women present income generating
projects which are analyzed by BPR and sent to National Bank of
Rwanda to ascertain eligibility and the selected projects are funded at a
special rate of 12% per annum. This has financially empowered the
widows to enable them sustain their lives and dependant.
Article 22: Special Protection of Elderly Women
118.
The Rwanda Constitution reinforces the principles of gender
equality and elimination of all forms of discrimination against women
and provides a very strong platform for gender mainstreaming in all
sectors.53 The Government has ensured that the elder population gets
adequate care and support. This is for example reflected in the housing
facilities provided to the most aging population without any
discrimination and considering the gender specific needs.
119.
The Constitution of the Republic of Rwanda of 04 June 2003, as
revised in 2015, in its article 16 forbids in general all forms of
discrimination, as a core principle applicable even in some other laws.
The Organic Law No 01/2012/OL of 02/05/2012 instituting the penal
52
53
The study on the impact of the Law on Matrimonial Regimes, Liberalities and Successions, Note 2 above.
Paragraph 10 under the Preamble
Page 101 of 105