[Ugnet] *DHR* Re: ARTICLE 90 OF THE RWANDAN PARLIAMENT!!!(For Baziga Ligoga)

Thu, 12 Oct 2006 22:16:59 -0700

Baziga Ligoga,
 
      Father THEUNIS should have been an MP in Rwanda.The country is spending so much energy chasing out gennocidaires suspect around the world while the person holding the third most poweful position in the nation goes freely performing important duties,like ennacting laws which will protect him against any prosecution.
 
     This guy has to go on his free will!
 
 
                                       Sharangabo
 
 
 
 
  
De : "baziga ligoga" <[EMAIL PROTECTED]>
Date : Mercredi 11. Octobre 2006  23:53
Objet : RE: *DHR* ARTICLE 90 OF THE RWANDAN PARLIAMENT!!! 		ligogabaziga@...
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Sharangabo,
you are now talking.
BAZIGA

sharangabo rufagari <[EMAIL PROTECTED]> wrote:
Netters,
 
Apparentely   there are a category of People who are above the Law in Rwanda.
 
   Generals,ministers,ambassadors...everybody can be prosecuted under the law.Except the MPs!Article 90!!!Which take precedence over the constitution!
 
               this is unacceptable! Commit a crime and run for a seat in Parliament! And you are safe.
 
                                                Sharangabo
 
 
 
MP explains why Speaker cannot be suspended PDF Print E-mail
By James Munyaneza   
Thursday, 20 July 2006
 
Evoking Article 90 of the Parliamentary Rules of Procedure cannot lead to ousting Speaker Alfred Mukezamfura for his alleged complicity in the 1994 Genocide, a parliamentarian has said. Ambassador Gideon Kayinamura (RPF), the Chairperson of the Standing Committee on Discipline,

told The New Times in an exclusive interview in his office at Parliament last week that Article 19 of the Constitution takes precedence over any other legal provision pertaining to any action against criminal suspects.
The Article states inter alia: “Every person accused of a crime shall be presumed innocent until he or her guilt has been conclusively proved in accordance with the law in a public and a fair hearing in which all the necessary guarantees for defence have been made available.”
However, Article 90 of the Parliamentary Rules of Procedure seems to contradict the Supreme Law of the land.
It states in part: “The Chamber of Deputies may also, upon request by the Committee in charge of conduct of Deputies and assessment of the Chamber of Deputies activities provided for in I Article 55 and 56 of this Organic Law, and approved by three-fifths (3/5) of its members, suspend any Deputy who is suspected or prosecuted of any crime until a competent court renders a final judgment. In that period of suspension, the concerned Deputy shall only receive basic salary.”
And, Kayinamura’s committee has been under pressure to evoke Article 90 to oust Mukezamfura (pictured) and several other MPs suspected to have committed genocide crimes. Mukezamfura and MPs Elysee Bisengimana, Col (rtd) Edourd Sebushumba, Edourd Sebushumba and Emmanuel Mwumvaneza, all face genocide charges in Gacaca courts.
However, Kayinamura said the Article has nothing to do with the lawmakers though they are exactly in the same state that the article refers to.
Asked why the parliamentary rules contradict the Constitution, Kayinamura argued, “There is no contradiction at all; actually the two provisions complement each other. However, any law is a subsidiary instrument of the Constitution.”
For over a year now, the House has allegedly been marred by infighting and external pressure over the matter.
All the suspected legislators appeared before Gacaca courts to clear their names during the data-gathering phase, and are due to engage in a full-scale defence during the trials. Formerly a journalist and educationalist, Mukezamfura (pictured) is among other crimes accused of inciting the public to commit genocide in several articles in Imvaho newspaper, a Kinyarwanda government-owned weekly, in the few days preceding the 1994 mayhem which claimed at least one million lives.
“In the separation of powers principle, Parliament legislates and oversees the activities of government. It does not involve itself in judicial matters. The same Parliament that voted the Gacaca law, under which some MPs are being scrutinised, cannot circumvent the Constitution and breach the same laws it put in place,” said Kayinamura.
He refuted reports that the matter had divided the eight-member standing committee on discipline.
“The division of the committee is neither here nor there. The committee debates the pros and cons of any issue before it, and in this particular case, all members have agreed not to influence the due process of the law.
“By suspending these MPs, we would be sending a negative signal to the courts that are handling their cases,” Kayinamura said.
However, his assistant at the committee, Henriette Sebera Mukamurangwa, is one of the MPs who is critical of how the House has handled the whole issue.
Meanwhile, The New Times has learnt that the recent resignation of Adrian Rangira from the august House over allegations linking him to misappropriation of funds meant to construct shelter for genocide survivors, has bolstered public calls for the accused MPs to step down honorably other than waiting for court.

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sharangabo rufagari <[EMAIL PROTECTED]> wrote:

Rwandans Call For Speaker Of Parliament Mukezamfura To Resign

October 10, 2006
VOA, VOA Africa
By voanews
Amid public outcry, citizens in Rwanda are calling for the resignation of Speaker of Parliament Alfred Mukezamfura for his alleged role in the country’s 1994 genocide. Mukezamfura is accused of inciting ethnic Hutus to mount attacks on the minority Tutsis during the slaughter 12 years ago. The evidence is reportedly contained in an article he allegedly wrote when he was director of a pro-government newspaper.  Meanwhile, Mukezamfura has refused to resign, challenging his accusers to provide proof of his complicity in the genocide. It is estimated that one million people, mainly Tutsis, died during the hundred-day killing spree.
Rwandan sources say calls for the speaker’s resignation intensified when he appeared before a Gacaca court to defend himself against various forms of allegations. Mukezamfura has yet to appear before any criminal court to answer the charges.
Senior members of government, as well as some members of parliament are also accused of participating in the genocide. But the government and the ruling party maintain that everyone is presumed innocent until proven guilty.
Shyaka Kanuma is chief editor of Focus newspaper. He spoke with VOA English to Africa reporter Peter Clottey about the call for the country’s speaker of parliament to resign.
“It’s been almost two years now, ever since people began calling for his resignation. Mainly because Mr. Alfred Mukezamfura is suspected of having participated in inciting the genocide in 1994 at the time he was an editor of INVAHO, which is a state owned newspaper. One of the media organs of the state wrote an article that allegedly incited members of the Hutu ethnic group to go and massacre members of the Tutsi ethnic group. As you will remember, the genocide was all about one ethnic trying to exterminate the other…. I said allegedly because I have tried to find this article and maybe some one removed it from the records. But people who read the paper during that time said they saw his byline on it, and they are convinced that he is one of the people who was the ideologue behind the genocide,” he said.
Kanuma explains the reasons behind Mukezamfura’s refusal to resign.
“Actually, if he resigns, then he will be in a vulnerable situation. You remember that he is the Speaker of Parliament, which grants him a lot of immunity from prosecution. And such a high-ranking member of government, not many judges are going to easily begin hauling him before a court, but mainly because he has his immunity. If he resigns, he would be basically stripping himself of the immunity he has. And I’m sure that that might be giving him nightmares,” Kanuma noted.
He says people have been speculating that the speaker is influencing some members of parliament not to implement Article 90 of a law governing parliament, which says that anybody accused of committing a criminal offense can cease his parliamentary duties until proven innocent.
“I have heard the allegations myself. But then we also have to look at who actually are the people who appoint other officials to political posts. At the moment, Mr. Mukezamfura enjoys the protection of the Rwanda Patriotic Front (RPF), which is the ruling party…” he said.
Kanuma says the Kagame-led government is yet to react to the call by Rwandese for the speaker of parliament to resign.
“As usual, they are not reacting much in public. I’m sure there must be a lot of discussions and a lot of calls for this and that in private where no one looks at them,” Kanuma said.
Let us know what you think of this report and other stories on our website. Send your views to [EMAIL PROTECTED], and include your phone number. Or, call us here in Washington, DC at (202) 205-9942. After you hear the VOA identification, press 30 to leave a message. We want to hear what you have to say!    

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