STRATEGY #5: . Establishing a Constitutional and Legal Framework that Advances Freedom and Democracy
The RNC proposes that a new constitutional framework be established that will enable our people to live together in a society where conflicts are resolved peacefully and according to the rule of law. A new Constitution must reorganize the distribution of power between the various branches of government that would be established. The new constitutional order would be designed to enshrine the rule of law as the guiding tenet of political governance. The new constitutional framework should end the dominance of Rwanda‟s political system by a single individual and ensure a strong and stable system of checks and balances among the three major branches of government.
The RNC proposes the establishment of a parliamentary system of democracy. Under the constitutional system that the RNC proposes, the powers of the Office of the Head of State would be substantially curtailed. The President would not be involved in the day today management of the state. Day-to-day management of the affairs of government would be the responsibility of the Prime Minister who would be answerable to Parliament. The legislature and judiciary would be genuinely autonomous and not susceptible to manipulation by the executive generally, and the President in particular, as has hitherto been the case. The legislature would be reformed through reforms such 12 as giving citizens power to elect parliamentarians directly, establishing constituencybased parliamentary representation, and increasing Parliament‟s powers of oversight over the executive branch of government.
The judiciary, while being required to be accountable, would be protected from interference by the Executive. Judges would be given security of tenure, which they do not currently enjoy. Disciplinary proceedings against senior members of the judiciary would be independent. Members of the judicial system would be screened through an independent and non-partisan process, to remove judges and prosecutors who are corrupt, have been used by the current government to persecute and prosecute political opponents and critics of the regime, and who are otherwise unfit to exercise judicial and law enforcement functions on account of other professional misconduct.