Ministerial Order on Commemoration of the Genocide against the Tutsi

Citation
Ministerial Order 16 of 2019
Date
9 September 2019
Language
English
Type
Legislation
Rwanda

Ministerial Order on Commemoration of the Genocide against the Tutsi

Ministerial Order 16 of 2019

The Minister of Justice/Attorney General,Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 121, 122 and 176;Pursuant to Law nº 15/2016 of 02/05/2016 governing ceremonies to commemorate the Genocide against the Tutsi and organisation and management of memorial sites for the Genocide against the Tutsi, especially in Articles 6, 8, 10, 12 and 14;After consideration and approval by the Cabinet, in its session of 28/01/2019;ORDERS:

Chapter One
General provisions

Article One – Purpose of this Order

This Order determines:1°organisation of ceremonies of commemoration;2°colour and logo used during the period of commemoration;3°standards for constructing a memorial site for the Genocide against the Tutsi;4°other features of a memorial site for the Genocide against the Tutsi;5°standards for maintenance of a memorial site for the Genocide against the Tutsi;6°procedures and conditions for visiting a memorial site for the Genocide against the Tutsi.

Article 2 – Definitions

In this Order, the following terms are defined as follows:1°buffer zone of the memorial site for the Genocide against the Tutsi: an inviolable area surrounding the memorial site for the Genocide against the Tutsi which is established in order to ensure additional protection for the memorial site for the Genocide against the Tutsi. This includes the immediate environment of the memorial site for the Genocide against the Tutsi, the important visual perspectives and other areas or attributes that have an important functional role as support for the memorial site for the Genocide against the Tutsi and its protection;2°trauma caused by Genocide against the Tutsi: change in behaviour, attitude and mental condition of a person as a result of what he or she experienced, was subjected to, witnessed or heard during the Genocide against the Tutsi that belies his or her understanding;3°monument for the Genocide against the Tutsi: a structure erected either in Rwanda or abroad in a location other than where bodies of the victims of the Genocide against the Tutsi are buried which is reminiscent of the history of the Genocide against the Tutsi;4°logo of the Genocide against the Tutsi: symbol that everyone sees, due to its design and publication by relevant organs, and he or she becomes aware of the presence of a memorial site for the Genocide against the Tutsi;5°Genocide against the Tutsi: the genocide perpetrated against the Tutsi between 1st October 1990 and 31st December 1994;6°commemoration: an occasion for honouring and restoring the dignity of the victims of the Genocide against the Tutsi as well as performing other activities intended to address the consequences of the Genocide against the Tutsi while ensuring that Genocide never happens again;7°memorial site for the Genocide against the Tutsi: a place where bodies of the victims of the Genocide against the Tutsi are laid to rest and where some of the facts of the Genocide against the Tutsi are kept.

Article 3 – Scope of application

This Order applies to any person, especially an organiser or a participant to ceremonies of commemoration wherever they are taking place.

Chapter II
Organisation of ceremonies of commemoration

Section One – Guidelines during the period of commemoration in general

Article 4 – Thematic guidelines to follow during the period of commemoration

Each year, before the commencement of the mourning week, the Minister in charge of commemoration establishes thematic guidelines to follow during the period of commemoration.The thematic guidelines to be followed during the period of commemoration are communicated to all categories of Rwandans, their friends and friends of Rwanda through all available means of communication.Thematic guidelines to follow during the period of commemoration must be related to the following:1°the history of the Genocide against the Tutsi;2°strategies for the prevention of and the fight against Genocide against the Tutsi and its ideology;3°to cope with the negation and minimisation of the Genocide against the Tutsi;4°to cope with the consequences of the Genocide against the Tutsi;5°history of Rwanda in general.

Article 5 – Colour used during the period of commemoration

The colour used during the period of commemoration is grey.

Article 6 – Logo used during the period of commemoration and its meaning

The logo used during the period of commemoration is made of a grey flame in a white background.The logo used during the period of commemoration means emerging out of a tragic period of the Genocide against the Tutsi towards hope for today and for the future.

Section 2 – Activities organised during the period of commemoration, time and venue for commemoration

Subsection One – Mourning period

Article 7 – Mourning week

The mourning week lasts for seven (7) days.The mourning week starts on 07 April and ends on 13 April of every year.

Article 8 – Venue for opening ceremonies of the mourning week

The opening ceremonies of the mourning week are held at the Village level or at any other venue as may be determined by competent authorities.However, after every five (5) years, from the time the twentieth (20) commemoration took place and whenever it is necessary, the opening ceremonies of the mourning week are held at the national level.The venue for the opening ceremonies of mourning week at the national level is determined by the Cabinet Meeting.

Article 9 – Moment of silence to remember the victims of the Genocide against the Tutsi

At twelve o’clock (12:00) of the first day starting the mourning week, all Rwandans, their friends and friends of Rwanda take a moment of silence to remember the victims of the Genocide against the Tutsi everywhere the opening ceremonies of the mourning week are held.The moment of silence to remember the victims of the Genocide against the Tutsi is followed by a message to Rwandans, their friends and friends of Rwanda which is delivered by the President of the Republic or any other person he or she may designate.

Article 10 – Opening ceremonies of the mourning week for Rwandan Embassies

In foreign countries, Rwandan Embassies determine the venue where the opening ceremonies of the mourning week take place each year, according to the thematic guidelines to follow during the period of commemoration established by the Minister in charge of commemoration.

Article 11 – Ceremonies of the mourning evening

Ceremonies of the mourning evening are held on the evening of 07 April in the whole country.The venue of ceremonies of the mourning evening at the national level is communicated by the Minister in charge of commemoration.At the District level, the District authority determines the venue of ceremonies of the mourning evening.Ceremonies of the mourning evening start in the evening and end depending on the programme of the organisers.

Article 12 – Mourning week related activities

From 08 April to 12 April, various activities related to the mourning week continue at different levels. Thematic talks are delivered and other activities of supporting survivors of the Genocide against the Tutsi are carried out.However, it is not necessary to stop activities at the venue of thematic talks. Employers and employees organise shifts in order to facilitate their participation in the thematic talks of commemoration.

Article 13 – Ceremonies for closing the mourning week

Ceremonies of commemoration of politicians assassinated during the Genocide against the Tutsi there are held on 13 April.On 13 April, there are also held official closing ceremonies of the mourning week at the national level.The closing ceremonies of the mourning week at national level take place at a venue determined by the Minister in charge of commemoration.The District authority may also determine the venue of the closing ceremonies of the mourning week at the District level.

Subsection 2 – Commemoration and its modalities

Article 14 – Period of one hundred days of commemoration

The ceremonies of one hundred (100) days period of commemoration begin with the mourning week and end on 03 July of each year.

Article 15 – Ceremonies of an evening of commemoration during the period of one hundred days

Ceremonies of an evening of commemoration during the period of one hundred (100) days are organised by local authorities in collaboration with the families of the survivors of the Genocide against the Tutsi.The starting time of ceremonies of an evening of commemoration during the period of one hundred (100) days is determined by the local authority of the place where the ceremonies are held.Ceremonies of an evening of commemoration are closed not later than ten (10:00 pm). However, in case it considers necessary that this time be extended, the police authority of the place where those ceremonies are held is informed.The venue of ceremonies of an evening of commemoration must be communicated to the security services and the services in charge of counselling of the place where the ceremonies will take place, at least five (5) days before, in order to take security measures and prevent subsequent trauma caused by Genocide against the Tutsi.

Article 16 – Thematic talks and speeches during the period of commemoration

During the period of commemoration there are ceremonies that include thematic talks and speeches of representatives of different institutions.Any person who delivers a speech during the period of commemoration, must avoid words that may create divisionism, discord, hatred and anything that may create conflicts among Rwandans.The message delivered must be based on the thematic guidelines that are communicated each year on comforting and assisting survivors of the Genocide against the Tutsi.

Article 17 – Time for prayers during the period of commemoration

Depending on the beliefs of the organisers of the activity of commemoration or of the burial of bodies of victims of the Genocide against the Tutsi, there may be reserved a time for prayers.The time for prayers during the period of commemoration or burial of bodies of victims of the Genocide against the Tutsi must be equal for all religions participating in the activity of commemoration or burial of bodies of victims of the Genocide against the Tutsi.

Article 18 – Testimonies, poems and sketches during the period of commemoration

During the period of commemoration, there is prepared a person to give a testimony containing the history of the Genocide against the Tutsi and a message of hope for today and for the future.During the period of commemoration, there may also be one or more persons to recite poems or to play sketches related to the thematic guidelines communicated that year.

Article 19 – Songs and films used during the period of commemoration

Songs and films that are used during the period of commemoration must contain messages on the Genocide against the Tutsi and comforting messages.

Subsection 3 – Conduct during the period of commemoration

Article 20 – Entertainment and leisure activities

All entertainment and leisure activities, sports, strikes and other noisy events are prohibited at the venues where commemoration activities are held.

Article 21 – Services to the public

Ordinary activities, especially those services which are needed by the public, may continue to take place in the location where the ceremonies of commemoration are being held and in its vicinity.

Chapter III
Standards for the construction, maintenance and protection of the buffer zone of the memorial site for the Genocide against the Tutsi

Section One – Standards for construction of a memorial site for the Genocide against the Tutsi

Article 22 – Criteria for construction of a memorial site for the Genocide against the Tutsi

In construction of a memorial site for the Genocide against the Tutsi, the following elements are considered:1°a place with a particular history of the Genocide against the Tutsi;2°a place which does not cause harm to health of the neighbouring persons;3°conservation of environment;4°particular conditions of the land;5°climate change conditions in a given region;6°ventilation of tombs;7°a building having a sufficient light;8°tombs are protected from cold, humidity and moisture.

Article 23 – Features of a memorial site for the Genocide against the Tutsi

A memorial site for the Genocide against the Tutsi must have the following characteristics:1°the name of the memorial site for the Genocide against the Tutsi;2°the logo of the memorial site for the Genocide against the Tutsi;3°a billboard indicating the location of the memorial site for the Genocide against the Tutsi.A memorial site for the Genocide against the Tutsi at national level, must especially have:1°a special history at national level on matters relating to the planning and execution of Genocide against the Tutsi and indicating the particularity of such a Genocide memorial site;2°at least five thousand (5,000) bodies of victims of the Genocide against the Tutsi buried within;3°been approved by the Cabinet meeting decision on proposal by the Minister in charge of commemoration.

Article 24 – Components of the building of a national memorial site for the Genocide against the Tutsi

A building of a national memorial site for the Genocide against the Tutsi must have at least the following elements:1°a reception room;2°a show room of photos and archives to indicate history of Rwanda before the Genocide against the Tutsi;3°a place reserved for names, photos and identity of the victims of the Genocide against the Tutsi, if possible;4°a place reserved for history of how the Genocide against the Tutsi was planned and executed;5°a place for preservation of evidence of the Genocide against the Tutsi including bodies of the victims of the Genocide against the Tutsi preserved in scientific and sustainable manner, their clothes or any other item which can help to identify them;6°a place where tools and weapons which were used to commit the Genocide against the Tutsi are kept;7°a place reserved for names and photos of planners and perpetrators of the Genocide against the Tutsi;8°a meeting room where visitors of the memorial site for the Genocide against the Tutsi get explanations relating to the history of the Genocide against the Tutsi;9°a place reserved for keeping books, tapes, films, testimonies and other items reflecting the history of the Genocide against the Tutsi, specifically that of the area where the memorial site for the Genocide against the Tutsi is located;10°a counselling room for people who mare traumatised during the visit to the memorial site for the Genocide against the Tutsi;11°a place for names and photos of persons who manifested bravery to save Tutsi and those who stopped the Genocide against the Tutsi;12°offices of the employees of the memorial site for the Genocide against the Tutsi;13°a canteen;14°a store room;15°a sufficient number of toilets;16°a parking yard;17°a garden for commemoration;18°a sufficient ground for reception of a big number of people during the period of commemoration;19°a monument for the Genocide against the Tutsi if necessary according to the particular history of the place;20°a quiet place for meditating about the Genocide against the Tutsi;21°a wall bearing names of victims of the Genocide against the Tutsi buried in that memorial site for the Genocide against the Tutsi;22°the tombs;23°a fence.

Article 25 – Components of the building of a District memorial site for the Genocide against the Tutsi

The building of a District memorial site for the Genocide against the Tutsi must have at least the following elements:1°a reception room;2°a place reserved for names, photos and identity of victims of the Genocide against the Tutsi, where possible;3°a place reserved for the history of how the Genocide against the Tutsi was planned and executed in that District in general and in the place where the memorial site for the Genocide against the Tutsi is located in particular;4°a meeting room where visitors of the memorial site for the Genocide against the Tutsi get explanations relating to the history of the Genocide against the Tutsi of the place where the memorial site for the Genocide against the Tutsi is located;5°a counselling room for people who are traumatised during the visit to the memorial site for the Genocide against the Tutsi;6°offices of the employees of the memorial site for the Genocide against the Tutsi;7°a sufficient number of toilets;8°a garden for commemoration;9°a sufficient ground for reception of people during the period of commemoration;10°a wall bearing names of victims of the Genocide against the Tutsi buried in that memorial site for the Genocide against the Tutsi;11°the tombs;12°a fence.

Article 26 – Components of the building of a memorial site for the Genocide against the Tutsi located abroad

The building of a memorial site for the Genocide against the Tutsi located abroad, where bodies of victims of the Genocide against the Tutsi are buried must have at least the following elements:1°a reception room;2°a place reserved for photos and archives reflecting the history of Rwanda before the Genocide against the Tutsi;3°a place reserved for names, photos and identification of victims of the Genocide against the Tutsi, if possible;4°a place reserved for the history of planning and execution of the Genocide against the Tutsi;5°a place reserved for preservation of evidence of the Genocide against the Tutsi including bodies of victims of the Genocide against the Tutsi preserved in a scientific and sustainable manner, their clothes or any other item which can help to identify them, if possible;6°a place for storing equipment and weapons used in the execution of the Genocide against the Tutsi, if possible;7°a place reserved for names and photos of renowned criminals in the planning and the execution of the Genocide against the Tutsi;8°a conference hall where visitors to the memorial site for the Genocide against the Tutsi get explanation about the history of the Genocide against the Tutsi;9°a place reserved for keeping books, tapes, movies, testimonies and other documents that highlight the history of the Genocide against the Tutsi;10°counselling rooms for people who are traumatised during the visit to the memorial site for the Genocide against the Tutsi;11°a place for names and photos of persons who manifested bravery to save Tutsi and those who stopped the Genocide against the Tutsi;12°offices of the employees of the memorial site for the Genocide against the Tutsi;13°a store room;14°a sufficient number of toilets;15°a garden for commemoration;16°a place for reception of people during the period of commemoration;17°a monument for the Genocide against the Tutsi, if necessary, according to the particular history of the place;18°a quiet place for meditating about the Genocide against the Tutsi;19°a wall bearing names of victims of the Genocide against the Tutsi buried in the memorial site for the Genocide against the Tutsi, if possible;20°the tombs;21°a fence.

Article 27 – Elements to be placed at the site of a monument for the Genocide against the Tutsi located abroad

Elements to be placed at the site of a monument for the Genocide against the Tutsi located abroad are the following:1°a posted notice containing a summary of the history of the Genocide against the Tutsi;2°a special monument for the Genocide against the Tutsi, if applicable, depending on the national laws of the country where the memorial site for the Genocide against the Tutsi is constructed;3°a building of the monument for the Genocide against the Tutsi showing the history of the Genocide against the Tutsi by using advanced technology, video, historical equipment and documents.

Article 28 – Criteria for construction of a monument for the Genocide against the Tutsi located in a public or private institution

Criteria for size and nature of the plot, materials required for the construction and their nature, the structure of the building and materials to be used for construction of a monument for the Genocide against the Tutsi located in a public or private institution are determined by an expert.

Article 29 – Elements to be placed at a monument for the Genocide against the Tutsi in a public or private institution

A monument for the Genocide against the Tutsi located in a public or private institution must show the history and names of victims killed at the site or former employees of the institution killed during the Genocide against the Tutsi.

Section 2 – Modalities for the maintenance of a memorial site and a monument for the Genocide against the Tutsi

Article 30 – Maintenance of a memorial site for the Genocide against the Tutsi at national or District level

In order to maintain a memorial site for the Genocide against the Tutsi at national or District level, the following are ensured:1°to recruit employees in charge of management and maintenance of the memorial site for the Genocide against the Tutsi with sufficient knowledge enabling them to explain well the history of the Genocide against the Tutsi;2°to organise trainings for the employees mentioned in Item 1° of this Paragraph;3°to recruit workers in charge of cleaning on permanent basis the memorial site for the Genocide against the Tutsi.

Article 31 – Maintenance of a memorial site for the Genocide against the Tutsi located abroad

In order to maintain a memorial site for the Genocide against the Tutsi located abroad, the Ministry in charge of foreign affairs and international cooperation, through the Rwandan Embassy in the country where that memorial site is located ensures the following:1°to recruit employees with sufficient knowledge enabling them to explain well the history of the Genocide against the Tutsi and who are in charge of the management and maintenance of symbols of that memorial site for the Genocide against the Tutsi;2°to organise, in collaboration with other relevant organs, trainings for the employees mentioned in Item 1° of this Article;3°to recruit workers in charge of cleaning the memorial site for the Genocide against the Tutsi on permanent basis.

Article 32 – Organs in charge of the maintenance of memorial site for the Genocide against the Tutsi

Organs in charge of the maintenance of memorial site for the Genocide against the Tutsi are the following:1°the National Commission for the Fight against Genocide, in case the memorial site for the Genocide against the Tutsi is at national level;2°the District in case the memorial site for the Genocide against the Tutsi is at the District level;3°the Ministry in charge of foreign affairs and international cooperation in case the memorial site for the Genocide against the Tutsi is located abroad.

Article 33 – Maintenance of a monument for the Genocide against the Tutsi located in a public or private institution

The employees in charge of the management and maintenance of a monument for the Genocide against the Tutsi located in a public or a private institution are appointed by the same institution. They must possess sufficient knowledge enabling them to explain well the history of the Genocide against the Tutsi. The institution organizes their trainings in collaboration with other relevant organs.A public or a private institution where there is a monument for the Genocide against the Tutsi recruits workers in charge of cleaning that monument on permanent basis.

Section 3 – Maintenance of the buffer zone of the memorial site for the Genocide against the Tutsi

Article 34 – Maintenance and protection of a buffer zone of the memorial site for the Genocide against the Tutsi

No one is allowed to destroy, to renovate or to construct any sort of building in a buffer zone of the memorial site for the Genocide against the Tutsi without authorisation by the competent organ. This organ must consult the National Commission for the Fight against Genocide before granting that authorisation.

Article 35 – Organ responsible for monitoring of the maintenance and protection of a buffer zone of the memorial site for the Genocide against the Tutsi

Organs responsible for constantly monitoring if the buffer zone of the memorial site for the Genocide against the Tutsi is not subject to any damage to its integrity are the following:1°the National Commission for the Fight against Genocide, the District in which the memorial site is constructed and security organs, for memorial sites at the national level;2°the District and security organs, for memorial sites on District level;3°the Ministry in charge of Foreign Affairs, through the embassy of Rwanda in the country where the memorial site is constructed, for the memorial sites located abroad.In order to implement the provisions of Item 3° of this Article, the Ministry in charge of Foreign Affairs through the Embassy of Rwanda in that country where the memorial site is constructed, signs protocols of cooperation and partnership with competent organs of the country that hosts that memorial site.

Chapter IV
Modalities and conditions for visiting a memorial site for the Genocide against the Tutsi

Article 36 – Visiting time to the national memorial site for the Genocide against the Tutsi

A memorial site for the Genocide against the Tutsi is visited from Monday to Sunday, from seven (7:00 am) to five (5:00 pm).

Article 37 – Booking with employees of the memorial site for the Genocide against the Tutsi

Persons who need to visit a memorial site for the Genocide against the Tutsi in a big group must first notify in advance in order for the employees of the memorial site for the Genocide against the Tutsi to have sufficient time to prepare a guided visit.When they need a witness or any other person who may provide them with information they need, they must inform the employees of the memorial site at least two (2) days before their visit.

Article 38 – Compliance with instructions

Visitors of a memorial site for the Genocide against the Tutsi must comply with written and oral instructions provided by the employees of the visited memorial site.

Article 39 – Requirements for researchers

Visitors of a memorial site for the Genocide against the Tutsi, who intend to conduct research activities involving taking pictures, recording sounds or images, must have a permit provided by the National Commission for the Fight against Genocide that indicates every activity they are authorised to do at the memorial site for the Genocide against the Tutsi.However, visitors of a memorial site for the Genocide against the Tutsi, who have got a permit from the National Commission for the Fight against Genocide, are not authorised to take pictures, to record sounds or images during the time of the guided tour explaining the history of the Genocide against the Tutsi.

Article 40 – Prohibitions to the visitor of a memorial site for the Genocide against the Tutsi

Subject to instructions of the employees of the memorial site, a visitor of a memorial site for the Genocide against the Tutsi is prohibited the following:1°conducting leisure activity within the premises of the memorial site;2°taking or displacing a body of a victim of the Genocide against the Tutsi resting in the memorial site.

Chapter V
Miscellaneous and final provisions

Article 41 – Memorial sites of Genocide against the Tutsi as a national historical and cultural heritage

Memorial sites of the Genocide against the Tutsi constitute a national historical and cultural heritage and must be preserved for present and future generations.

Article 42 – Repealing provision

All prior provisions contrary to this Order are repealed.

Article 43 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

09 September 2019 this version
Assented to
Commenced