ugnet_: RDA-Isangano position on the constitution making process and the necessary participation of the opposition.

[Mulindwa Edward]

To Major General Paul KAGAME, President of the Republic of Rwanda, P.O. Box 15, Kigali, RWANDA Brussels, November 17th, 2002 Subject: RDA-Isangano position on the constitution making process and the necessary participation of the opposition.   Mr President, On 8 November 2002, the National Legal and Constitution Commission appointed by your ruling movement RPF, made public a new constitutional bill for the Republic of Rwanda and claimed that the draft was a result of various consultations involving all Rwandan bodies, political parties, the civil society and the population of Rwanda. On 19 July 2002, in my letter addressed to your authority related to the ongoing electoral process, I underlined the need for Rwanda to have an independent and all-inclusive electoral commission as pre-requisite for free and fair elections. I as well urged your authority to implement the necessary measures and to remove the constraints for all willing political parties to have a say in the constitution making process. Since you took power in July, 1994, your government has consistently fought the existence of all forms of freedoms speech and _expression and you have made it clear through speeches, actions and conduct, that any actions must not be questioned. On 19 July 1994, the political bureau of your movement, the Rwandese Patriotic Front (RPF), unilaterally modified the Rwandan fundamental law that was a merge of the peace agreement signed in Arusha on 04 August 1993 and the Constitution of 10 June 1991. The transition was supposed to end after 22 months. Your regime extended it, first at a five-year period and later on at an additional 4 years. The breathe of hope, for the Rwandan people, that pointed out when the RPF and its machinery appointed amongst its followers and proxies a legal and constitution making commission has now died after the said commission publicly announced the conclusion of its survey. The Rwandan Democratic Alliance Isangano is opposed against such dictatorial process and calls upon you to bring sanity to a process that could be a turning point in our history. RDA challenges you to revisit the methodology, the contents and the process that brought up the current constitution bill for the following reasons: The constitution making process has ignored the calls from the internal and external opposition to have a meaningful input to the exercise. The internal political parties have been silenced and prohibited to consult with the people. Indeed, they were forced to shade under an RPF umbrella within the so-called Forum of political parties led by RPF, where they hold a rubber-stamping role. The composition of the commission, its agenda and activities were dominated and imposed by the RPF. The Interim Parliament created that commission after some machiavellian "purification" and cleansing of the state machinery and/or the Parliament. Consider the forced resignation of President of the Republic, Mr. Pasteur Bizimungu, his imprisonment later on, along with fellow partisans of PDR-Ubuyanja political party; the strong arm and militaristic actions towards the two former Prime Ministers, Mr. Faustin Twagiramungu and Mr. Pierre Celestin Rwigema, and the former Speakers of the Interim national Assembly, Mr. Juvenal Nkusi and Mr. Joseph Sebarenzi. These actions on your part and on the part of your government are rather regressive and only serve to retrace the foot-steps of the regime you deposed. All this in the name of a "Patriotic" Front. Consider the leaders of political parties that have been arbitrary arrested, tortured and detained, i.e. Mr. Bonaventure Ubalijoro and Mr. Pierre Gakwandi respectively Chairman and Secretary general of the MDR party, the former Minister Charles Ntakirutinka, leader of PDR Ubuyanja still held in custody incommunicado like a dozen of other opinion leaders and politicians. The survey methodology was marked by a visible lack of transparency, a paternalistic and authoritarian approach that prevented any free _expression. The content of the draft report submitted to your Government serves to a consecration of RPF positions on very crucial issues. The semi-Presidential regime, with a figure head Prime Minister, concentrating all executive powers into the President is just a reflection of the way you are ruling the country with a dictatorial iron fist, ignoring the basic principles of power sharing and the rule of law. Shamelessly, the draft report alleges that the majority of the population of Rwanda have recommended limitations to political parties in terms of numbers and activities, denying them any contacts with the population or grassroots groups and therefore depriving their members to have any say or control of their activities, management and operations. The draft report suggests a constitutional body, "the Forum of Political Parties", in charge of their censorship, control and dissolution. Acting as a funnel and a silencer, that Forum is entitled to designate candidates of any political party to any political position, to take disciplinary measures against leaders of political parties and to dictate their activities and operations. Ingloriously, the same report argues that the majority of the population has given a blank cheque to "specific bodies" to nominate many members of the Parliament, allowing thus the ruling machinery to maintain a permanent majority in the parliament, an RPF shortcut by passing the national polls. The commission�s report suggests to dissolve or disband any political party that does not gather 4% in the national polls. The draft constitution institutionalizes the RPF created bodies and commissions and imposes the views and positions of the ruling click on a supremacist basis. The draft report lacks a long lasting vision and does not address the real issues and challenges of the Rwandans and their country. For all those reasons, the Rwandan Democratic Alliance Isangano urges your authority to reject the Commission�s draft report for partisanship, lack of transparency and objectivity, lack of vision, sectarianism, discrimination and incompetence. For a long lasting solution in Rwanda, it is indeed needed to engage in urgent and serious all-inclusive consultations with the opposition, the civil society and grassroots movements in order to organize a "National Round-Table" to be held in a third country under the facilitation of an independent internationally recognized authority. The Round Table will draft a long lasting constitution that will be submitted to the whole population in a national referendum. The Rwandan Democratic Alliance Isangano renews its availability to participate in the whole process and in the subsequent open, fair and free elections in order to build a solid foundation for the stability of the country, the reconciliation of Rwandans, the eradication of impunity and the restoration of the rule of law. The Rwandan Democratic Alliance Isangano is ready to participate in a broad based and all-inclusive constitution making process without any condition. The Rwandan Democratic Alliance Isangano reminds its permanent calls for the following measures: - The unconditional release of all political and opinion prisoners in Rwanda; - The restoration of freedom of _expression and political opinion and therefore the review of laws and directives regulating the political parties, the media and associations; - The government of Rwanda should solemnly and publicly allow the International Tribunal for Rwanda to prosecute and indict RPF followers and members of its armed forces responsible of war crimes, crimes against humanity and genocide; The Rwandan Democratic Alliance-Isangano calls upon the world leaders, the South African Presidency, The African Union, the UN Secretary General, the United States, European Union, the UK government, the regional leaders and other leaders to whom a copy of this letter is given to use all possible means for a peaceful and democratic transition in Rwanda. For RDA � Isangano Dr. Jean-Baptiste MBERABAHIZI Chairman. CC: - SA President - President of Uganda - President of the DRC - President of the United Republic of Tanzania - President of Kenya - UN SG - US State Secretary - EU Commissioners - UK Development and Co-operation Secretary - Political Parties (Rwanda) - Church Leaders (Rwanda) - Civil Society (Rwanda) - Bilateral Partners of Rwanda.