Staff members of the National Commission for Human Rights could soon also benefit from immunity while performing their duties following the passage of a new governing bill by the lower chamber of Parliament on Wednesday, May 20. Previously, this safeguard applied only to Commissioners. The move is intended to safeguard the independent execution of the staff members’ duties. The amendment aligns the legislation with recommendations from the Global Alliance of National Human Rights Institutions (GANHRI), particularly those made by its Sub-Committee on Accreditation during the Commission’s 2024 re-accreditation review. The newly passed bill now stipulates that staff members will also benefit from immunity when acting in the performance of their duties or while exercising the institution’s powers in line with GANHRI recommendations. Lower House removes judicial police powers provision Meanwhile, the Lower House removed a provision contained in the original bill tabled by the government that sought to grant judicial police powers to the Commission. According to the explanatory note of the bill, the proposed provision aimed to clarify procedures in cases where a person summoned by the Commission refused to appear. The article had been drafted based on Article 10 of the existing law. The latter provides that while exercising judicial police powers and powers to file legal action, the Commission shall respect national laws without prejudice to other organs’ responsibilities, and apply such powers in case of violation of public, individual interests, or if their relevant organs fail to carry out their legal duties. The Lower House removed the article, arguing that the powers described under the provision fall within the mandate of another public organ. While presenting a report on the analysis of the bill, MP Madina Ndangiza, Chairperson of the parliamentary Committee on Unity, Human Rights and Fight against Genocide, said some articles were removed from the initial bill, tabled by the government, for various reasons. “Article 11 relating to powers was removed because its provisions concern criminal investigation powers, which already fall under the responsibilities of the Rwanda Investigation Bureau,” she said. The objective of this article was to grant powers to investigate the respect of human rights across the country, but these responsibilities are already provided for under Article 9 relating to general powers, she said. Why the law was revised The previous law governing the Commission — law of 2013 — was amended in 2018 to give the institution additional responsibilities related to preventing torture and other cruel, inhuman or degrading treatment or punishment. However, after seven years of implementation, authorities said some provisions had become outdated and required revision. The amendments were also intended to align the law with the Paris Principles relating to the status of National Human Rights Institutions, adopted under United Nations General Assembly Resolution 48/134 of December 20, 1993. The revised legislation further updates references in the preamble to reflect changes introduced in Rwanda’s constitution and incorporates additional international human rights conventions that Rwanda has ratified and which fall within the Commission’s mandate to monitor. Among the added conventions are the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Convention relating to the Status of Refugees, and the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa. The bill now awaits presidential assent before it can be promulgated and becoming enforceable law.
