constituteproject.org
PDF generated: 18 Apr 2016, 15:15
During war time, when a state of siege or a state of emergency has been declared,
the duration of the state of siege may by Law be extended beyond the period
provided for in the previous paragraph.
The duration of a state of siege must not exceed the period strictly necessary to
ensure the return of normal conditions characterised by democracy.
• Freedom of religion
• Inalienable rights
• Right to life
A declaration of a state of siege or state of emergency shall not under any
circumstances violate the right to life and physical integrity of the person, the rights
accorded to people by Law in relation to their status, capacity and nationality; the
principle of non-retroactivity of criminal law, the right to legal defence and freedom
of conscience and religion.
A declaration of a state of siege or state of emergency shall not under any
circumstance affect the powers of the President of the Republic, Prime Minister,
Parliament or Supreme Court nor can it modify the principles relating to the
responsibility of the State and public officials provided for in this Constitution.
No elections of any kind may be held during or within a period of less than thirty days
after the state of siege or state of emergency.
• Emergency provisions
Article 138
A state of siege cannot be declared on the entire or a part of the national territory
unless the country has suffered or is about to suffer aggression by foreign states,
faces grave dangers or in the case of destabilisation of the institutions established by
this Constitution.
A state of emergency shall be declared on the entirety or part of the national
territory when the country faces a public disaster or constitutional crisis whose
gravity does not warrant the declaration of a state of siege.
• Emergency provisions
Article 139
During the period of a state of siege or state of emergency, the Chamber of Deputies
cannot be dissolved and the Chambers of Parliament shall be recalled immediately if
they are in recess.
If at the time of a declaration of a state of siege or state of emergency the Chamber
of Deputies has previously been dissolved or its term has expired, the powers of
Parliament relating to a state of siege or state of emergency shall be exercised by the
Senate.
CHAPTER V: THE JUDICIARY
Section 1: General provisions
• Judicial independence
• Structure of the courts
Article 140
Judiciary shall be exercised by the Supreme Court and other courts established by
the Constitution and other Laws.
The Judiciary is independent and separate from the legislative and executive
branches of government.
The judiciary shall enjoy financial and administrative autonomy.
Justice is rendered in the name of the people and nobody may be a judge in his or her
own cause.
Rwanda 2003 (rev. 2010)
Page 41