In 2019, Chantal Mukeshimana and her three sisters got a piece of land from their parents, something that was not possible over two decades ago because of legislation that denied women the rights to such property.
This Gakenke District resident is one of the many women who are enjoying their rights to property, as a result of related laws that were enacted after the 1994 Genocide against the Tutsi.
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Without such laws, the property rights would be a preserve of the three sons of Mukeshimana’s parents, while their four daughters, Mukeshimana inclusive, would be excluded.
"Our parents gave us a piece of land,” she told The New Times, appreciating the fact that the legislation gave equal land rights to women and men.
This article looks at landmark laws in line with the protection of women’s rights after the Genocide.
Rwandan Constitution
MP Germaine Mukabalisa listed a number of key laws in relation to women’s rights. They include the Rwandan Constitution of 2003, revised in 2015, which provides for equality between men and women.
The constitution — as the supreme law of the country — also provides for the protection against any kind of discrimination including that based on sex.
The law on matrimonial regimes
The law of November 1999 on matrimonial regimes, liberalities and succession, Mukabalisa said, provided for equal inheritance rights between women and men, girls and boys.
Rwanda Initiative for Sustainable Development (RISD) Director General, Annie Kairaba, told The New Times that under the provision of this law, the surviving spouse shall ensure the administration of the entire patrimony, while assuming the duties of raising the children and assistance to the needy parents of the deceased.
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Mukabalisa said this law was later repealed and replaced by the law of July 2016 governing matrimonial regimes, donations, and succession, to provide better protection and equal rights to women.
For example, Mukabalisa said, the law provides for, among others, equal rights to succession to the surviving spouse (before, the law only allowed the surviving female spouse to administer the family property for children).
Law governing land in Rwanda
Land is one of the key properties in Rwanda as it is used for various purposes, including production of the much needed food for human consumption, construction of houses, and bank loan collateral.
The law of June 2013 governing land in Rwanda, granted women equal rights as men on land access, ownership and utilisation.
As a result, Mukabalisa said, women can now make decisions over land, including using it as collateral for bank loans.
Meanwhile, this law was repealed and replaced by the law of 2021 governing land. In addition to already existing legal protection offered to women, the 2021 law stipulates that the transfer of land rights jointly held by spouses is approved by both of them, even if one of them is not registered on the land title.
Kairaba told The New Times that the law of June 2021 prohibits any form of discrimination in relation to access to land and enjoyment of real rights to land, and states that the land rights of spouses depend on the type of matrimonial regime of their choice.
"These are the most empowering laws for Rwandan women in post 1994 Genocide against Tutsi,” Kairaba said, referring to the law of November 1999 on matrimonial regimes, liberalities and succession, and the law governing land in Rwanda.
"These have changed the lives of women which has a direct impact on children and husbands, as the property of the family is not decided by only men, who would find it easy to sell and mortgage family property in the middle of challenges for repayments, leaving the family as destitute,” she added.
Chantal Umuhoza, a feminist activist, told The New Times the land and property law is crucial because it was the start of empowering women economically and women could open bank accounts on their own.
"Economic empowerment is central to realisation of other women’s rights. It helped women gain access to economic opportunities and entered the labour and business sector,” Umuhoza observed.
Law governing persons and family
The law of August 2016 governing persons and family, brought about, among other key improvements, the repeal of article 83 of the 1988 Civil Code Book One (CCBI), which obliged a woman to have as her domicile, the domicile of her husband.
The law also repealed Article 119 of the CCBI which allowed only a father to register children — a mother would only be allowed to do so if the father was not available.
Law on Gacaca courts
Law on the functioning and competences of Gacaca Jurisdictions; consideration of the rape and sexual violence against women as a ‘weapon’ of the Genocide, and a crime against humanity.
Before, Mukabalisa said, rape and sexual violence against women were not treated as grave crimes.
Law on prevention and punishment of GBV
The law of 2008 on the prevention and punishment of Gender-Based Violence (GBV) punishes marital rape and addresses GBV in all its forms.
Conjugal rape refers to coercing a spouse into sexual relations without that spouse’s consent, by way of force, intimidation, and others.
As per the law, both spouses have equal rights as to sexual intercourse, reproductive health and family planning. It is forbidden to have sex with one’s spouse without one’s consent.
Law regulating labour in Rwanda
Labour or the workplace, can be a breeding ground for employee exploitation, in case there are loopholes for that.
With a view to address such a situation, in May 2009, Rwanda adopted the law regulating labour in the country, which provided for equal opportunities and equal pay for women and men, and prohibited sexual harassment in the workplace.
Meanwhile, it was revised and replaced by the law of August 2018 regulating labour in Rwanda. Among other stipulations, it prohibits sexual harassment at the work place under article 8.
The same law states that an employer is prohibited from discriminating against employees on the basis of sex, cultural difference, physical or mental disability or any other form of discrimination.
Moreover, every employer must pay employees equal salary for work of equal value without discrimination of any kind, according to the law.
Law relating to tackling human trafficking and exploitation
MP Mukabalisa said that the law of August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, protects women and girls against human trafficking.
Specifically, she said, article 24 prohibits sexual exploitation.
Organic law on state finances and property
The organic law of 2013 on state finances and property enacted, brought about changes including the production of gender budget statements.
This development, Mukabalisa said, was meant to ensure national budget allocation in addressing gender-related issues.
According to the Ministry of Gender and Family Promotion, every year each budget agency is required to prepare a gender budget statement as a tool that supports the Government of Rwanda to track equitable expenditures that promote gender equality, in line with the provisions of the constitution, national gender policy, and other national and international commitments.
However, it was replaced by the organic law, of 2022, on Public Finance Management, but the provisions on gender budget statement remained the same.
Organic law instituting the penal code
In line with addressing impunity, Rwanda adopted the organic law of 2012 instituting the penal code punishing regarding rape, child defilement, among other crimes.
To provide for better protection to victims, this law was repealed and replaced by the law of 2018 determining offences and penalties in general.
Mukabalisa said this law is also progressive in matters of access to safe legal abortion, and has brought positive changes whereby child pregnancy was added on the grounds for accessing legal abortion.