Management Commission is not a de jure organ of the Rwandan
State within the precincts of Article 4 of the ILC Articles, it is an
administrative unit of the local government entity known as the
City of Kigali. To that extent, the instant case presents a hybrid of
Articles 4 and 5 of the ILC Articles whereby the Commission was
empowered to exercise governmental authority but was so
empowered as an organ of the City of Kigali, a local
government unit. It is manifestly clear that in so far as the Kigali
City Abandoned Property Management Commission had been
legally authorized to perform a function that was explicitly
designated as a function of the State, it was empowered to
exercise governmental authority within the precincts of Article 5
of the ILC Articles. Consequently, the Respondent would be
responsible for the Commission’s acts.
37. Having so found, it would follow that the decentralization of the
governmental authority in question to provincial, regional and
local government units would not negate the Respondent’s
responsibility for the Commission’s conduct. We are fortified in
this approach by the recognition that States that operate a
decentralized form of governance vary widely in their structure
and distribution of powers, and in most cases the constituent
local government units have no separate international legal
personality of their own. In the instant case, we have carefully
scrutinized Law
No. 10 of 2006, the objective of which is to
determine ‘the structure, organization and the functioning of the
City of Kigali.’ See Article 1 thereof. Article 11 of that law details
the mandate of the City of Kigali, essentially restricting it to
Rwanda’s national jurisdiction. There is no indication whatsoever
in Law No. 10 of 2006 that the City of Kigali is granted
international legal personality. Therefore, we find that the legal
personality enjoyed by the City of Kigali under Law No. 10 of 2006
is restricted to Rwanda’s internal legal regime.
REFERENCE No. 10 OF 2013
Page 19