ABSTRACT
Chapter 1 discusses the history and development of Rwandan law. It explains the development of Rwandan law through three key phases of Rwandan history: Pre-colonial, colonial, and independent Rwanda. It shows a pre-colonial legal system that, though not perfect, was organized, centralized, and created a solid homegrown rule of law under which the institutions of the Rwandan kingdom and society found their roots. It further shows how colonialism destroyed this system but failed to replace it with the promised “civilized” legal system. Post-independence Rwanda tried to fill the gap left by colonialism by keeping or copying colonial laws that had no connection with Rwandan reality. This approach led to dictatorship and failed rule of law that plunged Rwanda into the 1994 war and genocide. This chapter concludes by noting how, since early 2000, Rwanda has undertaken steps to create a system built on civil law, common law, and homegrown legal concepts and solutions.
