L-R: Deputy Speaker in charge of Parliamentary Affairs, Hons. Beline Uwineza, Rwanda parliament Speaker, Gertrude Kazarwa (middle) and Musa Fazil Harerimana-Deputy Speaker in charge of Finance and Administration.
Parliament has adopted a draft law approving the accession of Rwanda, as the first country in sub- Saharan Africa, to move towards becoming a member to the statute of The Hague conference on private international law.
The Hague Conference on Private International Law (HCCH), adopted on October 31, 1951 and entered into force on July 15, 1955; is an inter-governmental organization with 91 members (90 States and the European Union) representing all continents and all legal traditions.
HCCH, based in The Hague, in Netherlands; develops and services multilateral legal instruments and treaties in three main areas: family law and child protection, dispute resolution and recognition of documents, commercial, and financial law.
Its main purpose is to solve legal problems that arise from divergences between legal systems of different countries, to work for the progressive unification of the rules of private international laws and ensure legal security for individuals and companies.
Rwandan MPs welcomed the move to join the HCCH
Rwanda is party to two HCCH’s Adoption Convention of 1993, which protects children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.
Also recently, Rwanda acceded to the HCCH’s Convention of October 5, 1961- Abolishing the requirement of legalization for foreign public documents, known as the “Apostille Convention”.
This convention abolishes the requirements of diplomatic or consular legalization, thus facilitating the circulation of public documents and benefitting individuals, families, and commercial operators.
Benefits of being a member of HCCH:
The benefits of HCCH membership are as follows: to determine the work Programme of the organization and the activities of the Permanent Bureau; (2) to participate in the negotiation of new conventions and other instruments, thus ensuring that Rwanda’s interests are taken into account, which would facilitate the development of our legal system in line with international standards, improve legal certainty and predictability for individuals, families, and companies, and to benefit from priority access to technical assistance in the implementation of HCCH Conventions.
The other two benefits that could be specific to Rwanda are: the possibility of permanently hosting one of the two regional offices envisaged for Africa (one for North Africa and the sub- Saharan Africa), as already promised by HCCH Secretary General; and regularly hosting statutory meetings of the organization, in line with Rwanda’s Meetings, Incentives, Conferences, and Exhibitions (MICE) policy.
Dr. Emmanuel Ugirashebuja, Rwanda’s Minister of Justice and Attorney General
“We cannot be hosts of these events or get these opportunities if we are not members. Also before joining this membership we held different discussions following a request sent to Rwanda to join, which will make us the first country in the region to join” said Dr. Emmanuel Ugirashebuja, Rwanda’s Minister of Justice and Attorney General who presented the draft bill this October 8, 2024.
As a member of the organization, Rwanda will be obliged to adhere to financial obligations related to the HCCH membership in which each member contributes to the HCCH annual budget.
Ugirashebuja revealed that based on the adopted budget for the financial year 2020-2021, Rwanda’s annual contribution would amount to approximately $4,445.
Some of the new and old MPs in a plenary session
Following this presentation, MP Phoebe Kanyange asked why Rwanda has taken over 69 years to adopt the bill and see benefits in this statute and MP Germaine Mukabalisa asked what Rwanda is doing to adopt and ratify other key conventions.
These others include the Evidence Convention on business and commercial disputes, recovery of child support and family maintenance which if in place can address related issues faced in the diaspora.
Minister Ugirashebuja said that other important conventions will also be considered with urgency and this will be determined by discussions held on the national level.
MP Yvonne Mujawabega wondered if this convention will be unified with the existing laws in the country but the Minister said that this will be a harmonization of laws to benefit Rwandans in and outside the country.
One of the sessions by the recently elected 5th Rwandan Parliament
