Law reform commission move to harmonise local and int'l laws

Domestic laws that run contrary to international treaties and conventions that Rwanda signed and ratified are to be reviewed following a study commissioned by the Rwanda Law Reform Commission (RLRC).

Friday, November 27, 2015
John Gara, the Chairperson of the Rwanda Law Reform Commission, speaks at a past event. (File)

Domestic laws that run contrary to international treaties and conventions that Rwanda signed and ratified are to be reviewed following a study commissioned by the Rwanda Law Reform Commission (RLRC).

This was announced on Thursday during a validation workshop that brought together officials from the RLRC.

Speaking at the workshop, Judith Mbabazi, the Commission’s acting Secretary General, said that the Commission would cooperate with the concerned institutions to discuss ways to harmonise domestic laws with the international laws ratified by Rwanda.

Among the domestic laws that the study cites that need to be harmonised is Article 37 of the Constitution. The article sets some restriction that seems to contradict provisions of the International Covenant on Social, Economic and Cultural Rights ratified by Rwanda on April 16, 1975.

Article 37 of the Constitution states: ‘Every person has the right to free choice of employment. Persons with the same competence and ability shall have a right to equal pay for equal work without any discrimination”.

Article 6 of International Covenant on Social, Economic and Cultural Rights states that: ‘the States Parties to the present Covenant recognise the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right’.

Other provisions that the report suggest sshould be amended to be harmonised with international treaties includes the crime of torture, which, in the Rwandan Penal Code has a statute of limitation whereas within the United Nations Convention against Torture that Rwanda ratified in December 15, 2008 states that torture is a crime without a statute of limitation.

editorial@newtimes.co.rw