Rwanda is a member of the East African Community (EAC), a regional intergovernmental organization. 

East African Community (EAC):

Governing Instrument(s): Treaty for the Establishment of the East African Community.

Areas of Work: The EAC focuses on regional integration and cooperation in various sectors, including economic, political, social, and cultural affairs.

Date of Joining: Rwanda joined the East African Community on July 1, 2007

Rwanda's Constitution, adopted in 2003 and amended in 2015, addresses the application of international law in its domestic legal system.

According to Article 168: Binding force of international treaties and agreements

“Upon publication in the Official Gazette, international treaties and agreements which have been duly ratified or approved have the

force of law as national legislation in accordance with the hierarchy of laws provided for under the first paragraph of Article 95 of

this Constitution.”

Article 95 reads: 

Hierarchy of laws

The hierarchy of laws is as follows:

“1° Constitution;

2° organic law;

3° international treaties and agreements

Rwanda's Constitution, adopted in 2003 and amended in 2015, addresses the application of international law in its domestic legal system.

According to Article 168: Binding force of international treaties and agreements

“Upon publication in the Official Gazette, international treaties and agreements which have been duly ratified or approved have the

force of law as national legislation in accordance with the hierarchy of laws provided for under the first paragraph of Article 95 of

this Constitution.”

Article 95 reads: 

Hierarchy of laws

The hierarchy of laws is as follows:

“1° Constitution;

2° organic law;

3° international treaties and agreements

ratified by Rwanda;

4° ordinary law;

5° orders.

A law cannot contradict another law that is higher in hierarchy. Organic laws are those designated as such and empowered by this Constitution to regulate other key matters in the place of the

Constitution.”

Article 170: International treaties and agreements conflicting with the Constitution or an organic law

Where an international treaty or agreement contains provisions which are conflicting with the Constitution or an organic law, the power to

ratify or approve that treaty or agreement cannot be exercised until the Constitution or the organic law is amended. by Rwanda;

4° ordinary law;

Rwanda has a unitary form of government. It is a decentralized unitary state with a presidential system. In Rwanda, the central
government in Kigali exercises significant control over administrative and legislative matters throughout the country, including the
allocation of resources and decision-making processes. While there are administrative divisions within Rwanda, such as provinces
and districts, they operate under the authority of the central government rather than possessing significant autonomous powers.
According to Article 6 of the Constitution: “Public powers are decentralised at local administrative entities in accordance with
provisions of law. A law determines the organisation and functioning of decentralised entities.”

Rwanda is currently composed of two layers of government (central and local) and of six administrative entities: These structures, which were reorganised under the 2005 reform, are complementary. The country is divided into four Provinces and the City of Kigali which are also further divided into 30 districts. Moreover, the districts are further divided into 416 Sectors. Additionally, the sectors are further divided into 2148 cells and lastly, these cells are divided into 14837 villages. All these subdivisions are headed by different people at every level and they all have different roles though directing towards the same cause.[1] 

There are four provinces and the City of Kigali.  The provinces are: the Northern Province, the Southern Province, the Eastern Province and the Western Province.  Each Province is headed by a “Governor” who is appointed by the presidential decree or cabinet to supervise the functioning of the organs of the district in accordance with powers he or she is given by law.[2]  

Rwanda has a hybrid legal system: it has a civil-law history but is making efforts to move toward a common-law system. New legislation follows common-law principles. Rwanda operates under a mixed legal system, incorporating elements of both civil law and customary law, making it a pluralistic legal system. This legal framework combines influences from the civil law tradition inherited from the colonial period, particularly the Belgian legal system, with aspects of traditional Rwandan customary law. The goal is to create a legal system that reflects the country's historical and cultural context while incorporating modern legal principles. This pluralistic approach seeks to harmonize formal statutory law with customary practices to provide a comprehensive and culturally sensitive legal framework in Rwanda.

What is the institutional framework of the judiciary? 

Rwanda's judiciary has a dual institutional framework that includes both formal courts and traditional justice mechanisms. 

Article 152 of Rwanda Constitution of 2003 as revised in 2015 provides that courts consist of Ordinary and Specialized Courts.

Ordinary Courts are comprised of:

• The Supreme Court,
• Court of Appeal,
• the High Court,
• Intermediate Courts, and
• Primary Courts.

Specialized Courts are comprised of 

• Commercial Courts and 
• Military Courts.  

An organic law may establish or remove an ordinary or specialized court.[1]

Institutional Framework of the Judiciary:

1. Formal Court System:

Supreme Court:The Supreme Court is the highest court in the country. Its territorial Jurisdiction covers the entire territory of the Republic of Rwanda. It has original and appellate Jurisdiction in Civil, Criminal, Commercial and Administrative matters as defined by the law n°30/2018 of 02/06/2018 determining the jurisdiction of courts.[2]

High Courts:The High Court is based in the City of Kigali and has five chambers located in Musanze, Nyanza, Rwamagana and Rusizi which have both original and appellate jurisdiction in civil, criminal and administrative matters. The fifth chamber is the specialized chamber dealing with International Crimes.[3]

Intermediate Courts: These handle less serious criminal and civil cases.

There are 12 intermediate courts in the country. The Intermediate Courts have both original and appellate jurisdiction in civil, criminal and administrative matters.[4]

Primary Courts: The lower-level courts dealing with less serious criminal and civil cases.

There are 41 Primary Courts and they rule over original civil and criminal matters as defined in the law that determines the Organization, functioning and competence of courts.[5]

The commercial courts

Commercial court: Has original Jurisdiction over commercial cases 

Commercial High Court: Has the appellate jurisdiction over commercial cases.[6]

The Military Court 

The Military High Court Court of Appeal: The Court of Appeal adjudicates on appeal level cases handled by the High court, the Commercial High Court and the Military High Court in accordance with the relevant laws.

2.     Traditional Justice Mechanisms:

Gacaca Courts: Historically, Gacaca Courts were community-based tribunals established to address crimes committed during the 1994 genocide. They operated at the grassroots level and involved community members in the resolution process. The Gacaca Courts have largely completed their mandate, and their role has diminished.

[1] https://www.gov.rw/government/judiciary

[2] https://www.gov.rw/government/judiciary

[3] https://www.gov.rw/government/judiciary

[4] https://www.gov.rw/government/judiciary

[5] https://www.gov.rw/government/judiciary

[6] https://www.gov.rw/government/judiciary

Rwanda's administrative structure includes various entities at central, sub-central, and local levels that may be responsible for implementing legislation related to refugee rights.

1.Central Level:

In 2010 the  Ministry of Disaster Management and Refugee Affairs (MIDIMAR) was formed, and subsequently in  renamed as the Ministry in charge of Emergency Management (MINEMA) in 2018. MINEMA has the mandate of taking lead in the formulation, co-ordination, control, direction of disasters management, refugee affairs policies, political guidance , supervision of the humanitarian assistance in emergency situations.[1]

MINEMA in collaboration with The United Nations High Commissioner for Refugees (UNHCR) is responsible for the smooth delivery of multi-sector assistance by project partners to refugees residing in refugee camps and reception centers, and to refugees and asylum seekers living in urban areas.[2]

Basis in Legislation: The relevant law is the Ministerial Instructions No 2 of 2016 of 01/06/2016 Determining the Management of Refugees and Refugee Camps.[3]Chapter 3 of the Ministerial Instructions in particular Article 16 and 17 provide for Refugee Camps Management.[4]

The Ministerial Instruction were issued in line with Article 24 of Law N°13ter/ 2014  of 21/05/2014 Relating to Refugees which states as follows :

Location of camps and modalities for refugee settlement.

“The Location of camps and modalities for refugee settlement shall be determined by the Minister after consultation with other relevant organs.”

Functions: MIDIMAR is responsible for the overall coordination and management of refugee affairs in Rwanda. This includes policy formulation, coordination with international agencies, and overseeing the implementation of laws related to refugee rights.

2.Sub-Central Level:

National Commission for Human Rights (NCHR):

With regard to the protection of human rights, Law n° 19/2013 of 25/03/2013 modified by Law no 61/2018 of 24/08/2018 determining missions, organization and functioning of the National Commission for Human Rights, in its article 6, entrusts the Commission with the following special mission:

“To monitor the compliance with the human rights, in particular with the rights of child, woman, persons with disabilities, people living with HIV/ AIDS, refugees, migrant workers and members of their families and elderly’s rights.”[5]

Basis in Legislation: The legal basis for NCHR's responsibilities may be derived from laws establishing its mandate and functions in relation to refugees.

3.Local Level:

District and Sector Authorities:

Basis in Legislation: Local authorities at the district and sector levels are mandated to implement national laws, and their responsibilities concerning refugees may be outlined in relevant legislation.

Functions: District and sector authorities play a role in the local implementation of legislation related to refugee rights. This includes ensuring access to essential services, integration initiatives, and collaboration with local communities to facilitate the well-being of refugees.

Rwanda Directorate General of Immigration and Emigration:

Basis in Legislation: 

The Rwanda Directorate General of Immigration and Emigration operates under Law N°57/2018 of 13/08/2018 on Immigration and Emigration in Rwanda establishing the organization, functioning, and responsibilities of the Directorate General of Immigration and Emigration.[6]

Functions: 

The Directorate General of Immigration and Emigration is responsible for managing the entry, stay, and exit of foreigners in Rwanda, including refugees and asylum seekers. It oversees the registration and documentation of refugees and ensures compliance with immigration laws and regulations.

[1] https://www.minema.gov.rw/about

[2] https://www.minema.gov.rw/refugees-management

[3]https://www.minema.gov.rw/index.php?eID=dumpFile&t=f&f=19387&token=2664f560582056cbac1f955b404165b00be74bad

[4]https://www.minema.gov.rw/index.php?eID=dumpFile&t=f&f=19387&token=2664f560582056cbac1f955b404165b00be74bad

[5] https://www.cndp.org.rw/1/human-rights-protection

[6] https://www.migration.gov.rw/fileadmin/user_upload/pdf_files/law_immigration_and_emigration.pdf