Rwanda: Explanatory note on the legitimacy of Bernard Ntaganda as Legal Representative of the Social Party P.S.-IMBERAKURI

By Bernard Ntaganda
President and Founder
Social Party IMBERAKURI
Kigali, April 27, 2010

Introduction

For years now, Rwanda looks like a country under exceptional status. All governmental institutions respond to the will of a single master or at least the interests of some. The different institutions of the government: judiciary, executive, parliament and political parties have no role to play. The press that is not the mouthpiece of the regime is muzzled.

Following this situation, the Social Party IMBERAKURI (P.S. IMBERAKURI in short) was created on January 18, 2009 to offer to the people of Rwanda an alternative to that regime and to allow all Rwandans to exercise their fundamental rights

It is true that it is difficult to confront a regime that does everything to disrupt and destroy any political opposition but our noble struggle is a fight of a people that want to be free from slavery and as history has shown over years and in many places, the truth will soon prevail.

Since its creation, the Social Party IMBERAKURI struggles to survive as the Kigali regime, through its ruling party Rwanda Patriotic Front (RPF), is determined to destroy once and for all the sole registered opposition political party in Rwanda.

Context

In July 2009, under the pressure of public opinion both domestically and internationally, the regime in Kigali, along with its ruling party RPF, eventually accepted against his will the registration of the Social Party IMBERAKURI.

Representatives of the Social Party IMBERAKURI welcomed the news of approval with relief.

But alas, this relief was short lived because since then, the representatives and members of P.S. IMBERAKURI are hunted like wild animals. They are subjected to inhumane treatments of all kinds: intimidation, threats, imprisonment, and unjustified dismissal from jobs and some are disappearing.

This alarming situation was denounced by various international organizations including Human Rights Watch (HRW) and Amnesty International, but alas, the Kigali Government does not loosen up. It is determined to destroy the P.S. IMBERAKURI party along with the entire political opposition in the country.

On March 17, 2010, the RPF INKOTANYI, the ruling party, stepped up to implement its pre-planned move. That day, RPF organized a so-called Congress with a handful of the P.S. IMBERAKURI members already expelled from the party; and it was during this so-called Congress that it was declared that the President and Founder of P.S. IMBERAKURI party, Me NTAGANDA Bernard was replaced by an interim committee to lead the party.

This so-called Congress, which is in fact a Coup d' Etat against the legitimate and legal authorities of P.S.IMBERAKURI party, shows indeed how the RPF is desperate! This is a coward and irresponsible act which has no base according to the law and the following facts.

The facts

As many observers including journalists, organizations of human rights and members of the Social Party IMBERAKURI have tried to show it, the participants in the so-called Congress were members of the RPF party and Intore (members of RPF trained for special missions).

As a proof, the participants had no PS IMBERAKURI membership cards. In fact, this so-called Congress was organized by the local authorities of Kimisagara Sector.

The Executive Secretary of Sector, Mr. MASENGESHO did everything possible to force traders in Nyabugogo market to close their shops and participate in the gathering.

Several participants in this so-called Congress were people rounded up from the streets of Nyabugogo, most of which were hawkers. Some had the courage to confess to the journalists that they had received money to attend. During the meeting, many evaded the cameras and that was noticeable on the newscast on Rwanda Television.

After this bitter failure as members of the Social Party IMBERAKURI refused to participate in the infamous Congress, the RPF INKOTANYI , its accomplices and traitors who are former members of PSIMBERAKURI, namely HAKIZIMFURA Noel, MUKABUNANI Christine and NIYITEGEKA Augustine toured all the Districts to implore members to sign on the attendance list. All members refused and the trio decided to sign themselves the list of attendance.

For the record, it should be noted that on 13th, 14th and 16th of March 2010, there were meetings chaired by R.P.F. Senior Officials including one Fred, who is also Director in charge of Political Parties in the Ministry of Local Administration. During these meetings, the R.P.F. INKOTANYI officials threatened to death P.S. IMBERAKURI representatives if they didn’t cut tie with the Founding President Me NTAGANDA Bernard. It is during the last meeting held at the headquarter of the RPF party on March 16, 2010, on the eve of this so-called Congress, that the former Vice President of the PS IMBERAKURI, Mrs. MUKABUNANI Christine , bowed to pressure and agreed to lead the Congress.

As on the legal issue

In regard to the Rwandan legislation governing political parties and politicians; and the Rules and Regulations of the P.S. IMBERAKURI Party, it is crystal clear that this so-called Congress is illegal and therefore all its decisions are null and void.

In fact, the Constitution of the Republic of Rwanda dated June 4, 2003 as amended up to date specifies in article 56 paragraph 5 that the Forum of Political Parties can act as mediator in case of conflict within a political party but at the request of the concerned party. This provision is clear; the FORUM is not entitled to take up the matter that interests the P.S. IMBERAKURI especially since the latter has not requested mediation. Contrary to the propaganda especially towards international opinion including Western Embassies in Kigali, the FORUM of political parties can act as a mediator and not as a judge.

Law No. 16/2003 dated June 27, 2003 governing political parties and politicians as amended up to date, article 49 stipulates that the member of a political party that feels aggrieved by a decision taken by the organs or representatives of a political party is entitled to a remedy before a competent court. However, before entering the court, he must make a prior appeal to the competent organs of his party. Under this provision, members of the Social Party P.S. IMBERAKURI who were expelled from the Party must go to court when they feel wronged instead of resorting to a rebellion or acts of vandalism like that they did on February 21, 2010, when they attacked and vandalized the headquarters of the Party and again on March 17, 2010, the day they organized the so-called Congress. Therefore, they are wasting their time by appealing to the Forum of political parties, the Parliament and the Ministry of Local Administration, even though they have the continuing and clear backing of the ruling party R.P.F.

Finally, the Statutes of the Social Party P.S. IMBERAKURI clearly specify the rules and procedures governing the calling and the holding of meetings at national level and the removal of the President and Founder of the party.

Regarding the convening of meetings at the national level such as the Congress and the National Council, it is the exclusive authority of the President of the party and in case of his absence; he should delegate this authority in writing to his Vice President (articles Statutes 13,44).

Thus, the so-called Congress was convened by former Secretary-General; HAKIZIMFURA Noel who was previously expelled by the Congress held on February 21, 2010 while the funds to organize this Congress were generously provided by the Forum of Political Parties. It is not even the then Vice President, Mrs. MUKABUNANI Christine, who convened this pseudo Congress.

Under the Statutes of the party, article 13, the President is removed at the written requests sent to the President by at least ¾ of the Congress Members. In this case, no single request has been addressed to the President to convene an extraordinary Congress.

In addition, those who have been summoned by the coup plotters are the founding members of the party while in regard of the law they are different from Congressmen. According to the same article, it is only the Congress that has the authority to remove the President.

Following the same P.S. IMBERAKURI Statutes, under section 10, any party member must have a membership card to have certain rights including the right to participate in party meetings. In this so-called Congress, only six persons had their membership cards, while organizers and the pro-RPF press confirmed that the participants were around 300 people. In addition, the Notary Public was not present, which is a requirement for such event.

Conclusion

Ultimately, it is clear that the legitimacy of Me NTAGANDA Bernard can not be challenged by decisions of this so-called Congress which was illegal. Consequently, there is no institutional uncertainty within the Social Party IMBERAKURI as the regime in Kigali, through the RPF party, wants to mislead the public opinion. In this context, the Social Party IMBERAKURI appeals to the international community to denounce and condemn the Kigali regime, and its RPF party that continue to create this confusion with the aim of disqualifying Me NTAGANDA Bernard as the candidate in the upcoming presidential elections and; by acting in such way, RPF wants to remain the sole actor in the political arena in Rwanda.

This is the real RPF’s strategy. Unfortunately, some Western Embassies in Kigali start to believe in this RPF propaganda purveyed by the pro – governmental media that did everything to undermine the legitimacy of Me. NTAGANDA Bernard. This strategy of the RPF began to make some damages as some Embassies start to doubt on the legitimacy of Me Bernard NTAGANDA as Founder and President of the Social Party IMBERAKURI and party candidate to the upcoming presidential elections.

It is no longer a secret for any advised observers of the politic in Rwanda. On the eve of elections, the RPF does everything to destroy his potential opponents. He did it in 2002 to prevent the MDR party to stand for presidential elections of 2003. Today, it uses the same strategy to inspire fear and prevent the candidate of the Social Party IMBERAKURI, Me NTAGANDA Bernard to stand for presidential elections of 2010. In addition to the coup d’ Etat, Me. NTAGANDA Bernard has been summoned by the Senate which is under total control of the RPF, accusing him of genocide ideology and divisionism. His case will soon be forwarded to the prosecutor.

The RPF has made every effort to rig the elections as usual. As proof, the Electoral Commission remains fully controlled by the RPF and the opposition has no representative in this Commission. The other potential candidates including Mrs. Victoire Ingabire Umuhoza, Chairperson of the United Democratic Forces- UDF-Inkingi and Me NTAGANDA Bernard of the P.S. IMBERAKURI will soon be dragged to justice for false accusations.

Unfortunately, the international community is passively witnessing this situation while the opposition is being oppressed by the ruling party RPF determined to annihilate any dissent voice. Yet there are signs that describe a situation comparable to that prevailed before the genocide in 1994, everybody in International community prefers to keep quiet. These signs are preparatory acts and unequivocal that can plunge Rwanda into a human tragedy again, if nothing is done!

This note is an urgent call for action. It is now time for the international community to mobilize before irreparable damage is done.

Done in Kigali, April 27, 2010

Mr. Bernard NTAGANDA
President and Founder of the Social Party PS-IMBERAKURI
Candidate to Presidential Elections of August 2010