Continued incursions by former government forces: UNAMIR gets a final extension and adjusted mandate.

Concerned about continuing reports of "military preparations and incursions into Rwanda by elements of the former regime", and stressing the importance of the voluntary, safe repatriation of refugees, the Security Council on 12 December decided to extend the mandate of the UN Assistance Mission for Rwanda (UNAMIR), at a reduced force level of 1,200 troops, for a final period until 8 March 1996.

Under resolution 1029 (1995), adopted unanimously, UNAMIR's mandate was adjusted to allow it to exercise its good offices to promote genuine national reconciliation and help achieve the voluntary repatriation of refugees. This would be undertaken within the frame of reference of recommendations adopted at the February 1995 Bujumbura Regional Conference on Assistance to Refugees, Returnees and Displaced Persons and at the November 1995 Cairo Summit of Heads of State. The Council also authorized UNAMIR to assist the Rwandese Government in facilitating the refugees' safe return and to support efforts in promoting a "climate of confidence and trust" by performing monitoring tasks. Effective measures were needed, the Council said, to ensure that Rwandese nationals in neighbouring countries "do not undertake military activities aimed at destabilizing Rwanda".

States should cooperate fully with the International Commission of Inquiry and "support the early and effective functioning" of the International Tribunal for Rwanda and the rehabilitation of the country's justice system.

(Under Council resolution 1013 (1995) of 7 September, the Commission of Inquiry collects information and investigates reports about the supply of arms and related materiel in the Great Lakes region of Central Africa. It is empowered as well to look into allegations that former Rwandese Government Forces (RGF) were receiving military training to destabilize Rwanda.)

Under the adjusted mandate, UNAMIR was also authorized to assist the Office of the UN High Commissioner for Refugees (UNHCR) and other international agencies in providing logistical support for the refugees' repatriation and contribute, with the agreement of the Government, to the protection of the International Tribunal, until alternative arrangements agreed with the Government can be put in place.

In addition to the force reduction, the number of military observers, headquarters and other military support staff would fall to 200, and the Civilian Police component would be withdrawn. The Secretary-General was asked to begin planning for UNAMIR's complete withdrawal within six weeks of the mandate's expiry, and to examine the feasibility of transferring "non-lethal" equipment for use in Rwanda.

This action followed a four-day extension on 8 December (resolution 1028 (1995)) of UNAMIR's mandate, to give the Council more time to consider the Mission's future. It was taken after Rwanda stated (S/1995/1018) it would not agree to extend the existing mandate, asserting that the peace-keeping mission "does not respond to our priority needs".

`Contradictions' seen by Rwanda

After voting for the three-month final extension, Rwanda--at the time a nonpermanent Council member--asserted that "contradictions", including a 21 April 1994 Council decision to reduce the Mission's force level even though widespread killings had begun, had marked UN policy towards the country. (By resolution 912 (1994), the Council had reduced UNAMIR's force level to 270, from over 2,500. Subsequently, under resolution 918 (1994) of 17 May 1994, it had expanded the mandate and authorized a force of 5,500.)

In addition, the safe humanitarian zone set up by "Operation Turquoise"--a French-led multinational force deployed from 22 June 1994 to the end of August 1994, with Council authorization--had instead "provided a safe haven for the perpetrators of genocide". The genocide, it maintained, had been stopped instead by the Rwandese Government's action. However, UNAMIR had played an important role in facilitating transportation and providing logistical support in areas of need; and given the "gap" that would open upon its departure, Rwanda requested the donation of some of the Mission's non-lethal equipment.

France, which had expressed the hope that UNAMIR would have been able to continue further, responded that "Operation Turquoise" had been a humanitarian operation "intended strictly to save human lives" at a time when the international community had been unable to mobilize. France had taken part in that force to prevent further human tragedy. Rwanda, while thanking the participants, said "Operation Turquoise" had come too late and "a million Rwandans had already been exterminated".

Several speakers expressed reservations at the wisdom of deciding on a final cut-off date for UNAMIR or retaining it at a reduced level. Botswana said UNAMIR had made "a tremendous contribution to peace and stability, not only in Rwanda but in the Great Lakes region", and would have preferred a six-month extension. Canada, a UNAMIR troop contributor but not a Council member, felt that by reducing the Mission, the Council was demonstrating that it had not fully "absorbed lessons learned from the recent past in peace-keeping operations". If Member States were not prepared to provide adequate resources, the UN should not be involved, it said. Canada would have to "consider its options carefully regarding its own participation" in UNAMIR.

`Relative security'

In a 1 December report (S/1995/1002), Secretary-General Boutros Boutros-Ghali said "a climate of relative security and stability has continued to prevail within Rwanda, despite the absence of any discernible effort towards national reconciliation". Some improvement in socio-economic sectors and in the revival of the judicial system had been achieved, but infiltration by the former RGF and armed militia continued along the Zaire-Rwanda border.

According to the Secretary-General, the restoration of the national judicial system had suffered delays as a result of constitutional, administrative and human resources constraints, with the prison population swelling to nearly 60,000. Initial steps had been taken with the appointment by the National Assembly of six Supreme Court judges. As a result of continuing efforts by the Government-appointed Prison Commission and the UN Task Force, emergency measures had provided additional prison space, leading to "noticeably fewer deaths and better medical facilities".

Steady progress in the "transition from emergency relief to rehabilitation, reconstruction and development" had been made, and the overall food situation had improved, allowing reductions in food aid allocations to populations at risk. As a result, the functions of the UN Rwanda Emergency Office had been transferred on 31 October to the UN Resident Coordinator's Office.

Government revenue was reviving, but not enough to cover shortfalls during the first half of the year. Payment of salaries to the military was overdue by at least six months, "which undoubtedly compounds the difficulties of maintaining law and order", the Secretary-General warned. Inflation had fallen to 1.4 per cent per month. In the social sector, "a considerable degree of progress" had been achieved by the Ministry of Primary and Secondary Education.

International Tribunal

The Office of the Prosecutor of the International Tribunal for Rwanda was continuing its "investigations into last year's massacres", and the first indictments were expected before year's end, according to the report. UNAMIR troops were contributing to the security of the Tribunal and the Human Rights Field Operation, as well as of other personnel of the UN and humanitarian agencies. They were also helping with the safe return and resettlement of refugees, and rebuilding basic infrastructure, and medical assistance. The Civilian Police component was training the Rwandan National Police Force, in accordance with Council resolution 997 (1995), and performing monitoring duties with UN military observers throughout the country.

With national reconciliation still the "core issue", conditions had to be rapidly created to facilitate the safe return of 1.6 million refugees and to bring to justice the perpetrators of genocide, Mr. Boutros-Ghali concluded.

"After nearly a year and a half in camps in Zaire and the United Republic of Tanzania, the refugees have placed formidable socio-economic and environmental burdens on the host countries, and this has sometimes severely strained the latter's goodwill", he warned. In addition, increasing infiltration and sabotage activities by the former RGF and militia had heightened tension in Rwanda and between it and neighbouring countries, creating the "danger of cycles of reciprocal recrimination". All those factors also heightened the risk of forceful refoulement of refugees, which could lead to another humanitarian disaster.

UNAMIR `desirable'

A large part of the international community felt that a six-month extension of UNAMIR's mandate was desirable, the Secretary-General reported. That view was also shared by donor countries, most UNAMIR troop contributors, the UNHCR, the International Tribunal, the High Commissioner for Human Rights, UN agencies, the Organization of African Unity (OAU), non-governmental organizations (NGOs) and Rwanda's neighbours, which felt that "if UNAMIR was to be perceived as abandoning Rwanda at this critical time, it would send a discouraging message to the refugees, to the region and to the international community at large".

While the continued presence of UNAMIR "could help to build confidence among the refugees and encourage them to take the decision to return", the Secretary-General said that given the Government's position regarding an extension, he would have to initiate the draw-down of UNAMIR as of 8 December, with the process expected to take two to three months to complete. UNAMIR would not be able to fulfil its current mandate and would concentrate instead on ensuring a smooth and peaceful departure. He also recommended that the UN maintain a political presence in Rwanda after the operation's withdrawal. Rwanda had indicated it would be "receptive" to some sort of continued UN presence, provided it would be to assist in rehabilitation and reconstruction, including providing technical expertise, financial assistance and equipment.

Regional efforts

The 28 and 29 November regional summit in Cairo, attended by the Heads of State of Burundi, Rwanda, Uganda, the United Republic of Tanzania and Zaire, resulted in the parties pledging in a Declaration on the Great Lakes Region (S/1995/1001) to take concrete actions to advance peace, justice, reconciliation, stability and development in the region. Earlier, on 10 November, the Secretary-General had welcomed the initiative by former United States President Jimmy Carter to act as conference facilitator, saying he hoped it would lead to lasting peace in Rwanda and Burundi and to the "speedy return of refugees on a voluntary basis".

In his 30 October letter to the Council (S/1995/945), Mr. Boutros-Ghali reported that his Special Envoy, Jose Luis Jesus of Cape Verde, had consultations with the OAU and the Governments of Burundi, Ethiopia, Kenya, Rwanda, Uganda and the United Republic of Tanzania regarding the convening of a regional conference on security, stability and development. Rwanda, however, had expressed strong opposition to the idea, while Uganda had not been "keen" to have the UN actively involved in the process. Nonetheless, the Secretary-General said he would continue to monitor developments.

On 10 November, Council President Salim Bin Mohammed Al-Khussaiby of Oman replied (S/1995/946), voicing the Council's "support to all efforts to reduce tension and restore stability" in the region and encouraging continuing contacts aimed at convening a conference.

Rwandese President Pasteur Bizimungu told reporters in New York on 24 October that the main obstacle to the return of refugees from Zaire was "the influence of former leaders and former soldiers who did not want to return voluntarily, and who were preventing refugees from returning". There was also a "hard core of perpetrators unwilling to return because they would be held accountable for their acts".

Reconciliation progress welcomed

On 17 October, progress by the Rwandan Government in the national reconciliation process, including the integration of more than 2,000 former RGF troops into the Rwanda Patriotic Army (RPA), was welcomed by the Council.

A statement by the Council President in October, Ibrahim Gambari of Nigeria, called on the Government "to intensify its contacts with all sectors of Rwandan society, except with those directly responsible for the genocide". Concern was expressed at the danger to regional peace and stability of reported cross-border infiltrations from neighbouring countries and of uncontrolled arms flows.

While condemning violence in the country, the Council also welcomed the fact that the Government had "voluntarily and without delay initiated an investigation into the killing of civilians at Kanama and expects that prosecution of those responsible will follow". (During the night of 11 and 12 September, 110 people, including women and children, were killed and a number of others wounded in the Kanama commune in northwest Rwanda.)

Given the "appalling" situation in the country's prisons, measures initiated by the UN, in coordination with the international community and the Rwandese Government, to alleviate the "intolerable" conditions in the prisons were welcomed. The Government was urged to restore its judicial system and the international community was asked to assist.

Member States should also cooperate with the International Tribunal for Rwanda, the Council said, urging them to arrest and detain persons suspected of genocide and other serious violations of international humanitarian law, in accordance with resolution 978 (1995). Support was voiced for the work of human rights monitors in Rwanda.

Refugee problem is the `most immediate'

"The refugee problem is perhaps the most immediate cause and consequence of the instability and political divisions confronting Rwanda and the Great Lakes region as a whole", the Secretary-General emphasized in a 7 October report (S/1995/848), which was the basis for the Council's 17 October action.

Mr. Boutros-Ghali said the benefits of continued Rwandese cooperation with the UN and the international community would be "limited as long as the Rwandese remain divided by fear and mistrust and the spectre of renewed conflict hangs over the country".

According to the report, the Government's declared policy of promoting broad-based participation and national reconciliation had been influenced by two major events: the departure of Prime Minister Faustin Twagiramungu, who had left office on 28 August together with four Cabinet Ministers; and the Kanama incident in September. The Government, however, had moved quickly to counteract those events by appointing a new Prime Minister and replacing the departing Ministers, as well as by acknowledging RPA excesses and promising punishment of the guilty.

The "efficient manner" in which the Government had handled the forcible repatriation by Zaire of some 13,000 Rwandese refugees in August testified to progress in stabilizing the country, Mr. Boutros-Ghali said. The formal integration on 9 September of 1,200 RGF members into the RPA had brought to 2,000 the number of RGF troops serving with the RPA.

Since the visit to the region from 31 August to 7 September by High Commissioner for Refugees Sadako Ogata, Rwandese officials had "promised to do everything in their power" to facilitate the voluntary return of refugees "in conditions of safety and dignity". At a meeting of the Tripartite Commission (Arusha, 18-21 September) involving the United Republic of Tanzania, Rwanda and the UNHCR, practical measures had been agreed on for starting large-scale repatriation of the more than 600,000 Rwandese refugees in the United Republic of Tanzania.

In a joint communique issued at a 25 September meeting of the Commission at Geneva, which involved Zaire, Rwanda and the UNHCR, Rwanda said it would strengthen reception facilities, reduce border controls and provide security and protection to returnees, in collaboration with the UNHCR and other human rights organizations. Zaire, in turn, committed itself to reducing intimidation in camps within its borders.

Voluntary repatriation: a priority

Long-term peace in Rwanda would remain elusive as long as large concentrations of Rwandese were encamped in neighbouring countries, the Secretary-General cautioned in his report. He hoped the Commission of Inquiry would help defuse tensions and promote mutual confidence along the borders.

"The damage done to Rwanda's society and psyche by last year's tragic events has been brutal and profound", Mr. Boutros-Ghali concluded, and it was "essential that those responsible be brought to justice so as to put an end to the prevailing culture of impunity and to prevent a recurrence of such atrocities". While Rwanda had made visible progress, the country "still has a long road to travel in its search for reconciliation and recovery".

The Rwandese Government, in a 21 December letter (S/1995/1055), expressed its concern at the Secretary-General's reference to the potential for the occurrence of another genocide in Rwanda. The Secretary-General, speaking to reporters on 18 December, had said that there was a crisis of confidence in Rwanda and that the refugees did not want to return there. "Everybody is afraid that a new genocide may happen, this time not by the Hutu against the Tutsi, but by the Tutsi against the Hutu", he added.

The letter stated that the new government had demonstrated to the world that it had not established a State policy of revenge. Instead, it had pursued a policy of bringing the accused to justice. The present Government would never allow another genocide.

Commission of Inquiry begins work

On 16 October, the Secretary-General informed the Council that arrangements had been completed for the establishment of the International Commission of Inquiry to investigate reports of military training and arms transfers to former government forces. Mahmoud Kassem of Egypt would serve as Commission Chairman. The five other members were: Jean-Michel Hanssens of Canada; Col. Jurgen G. H. Almeling of Germany; Lt. Col. Jan Meijvogel of the Netherlands; Brigadier Mujahid Alam of Pakistan; and Col. Lamek Mutanda of Zimbabwe. The Council on 20 October welcomed the decision.

Following initial briefings in New York, the Commission began its work in the Great Lakes region on 3 November. It was expected to visit Burundi, Rwanda, Uganda, the United Republic of Tanzania and Zaire and to submit an interim report within three months.

General Assembly action

The General Assembly, in resolution 50/200 of 22 December, said the Rwandese Government's efforts to reconstruct the civil administration and the social, legal and human rights infrastructure were "hampered by a lack of human and financial resources". Member States, the UN, intergovernmental organizations and NGOs should intensify efforts to contribute financial and technical support to those efforts, particularly in the administration of justice, according to the Member States.

Effective action to prevent further violations of human rights must be a central and integral element of the overall Rwandese and UN responses to the situation, the Assembly declared. A strong human rights component was "indispensable to the political peace process and the post-conflict reconstruction of Rwanda".

In resolution 50/58 L, also adopted on 22 December, the Assembly encouraged Rwanda to create "conditions that would be conducive to the return of the refugees to their country and their resettlement, and to the recovery by displaced persons of their property in peace, security and dignity". Welcoming the commitment of the Government to ensure the safety and security of all humanitarian personnel operating in the country, including NGOs, it called for continued assistance to help alleviate the intolerable conditions in the prisons and expedite the processing of cases. Recent indictments issued by the International Tribunal were welcomed.

Donor countries were urged to "contribute generously" to the trust fund established by the Secretary-General on 14 July 1994 to finance humanitarian relief and rehabilitation programmes in Rwanda. Mr. Boutros-Ghali was asked to consult with the Government and with the relevant UN agencies on the nature of a continued UN presence in Rwanda after 8 March 1996 and on the role such a presence might play in furthering the search for peace and stability through justice, reconciliation and refugee return.

On 21 December, the General Assembly, acting to strengthen UNHCR's emergency response capacity on the basis of the experience of the emergency in Rwanda, called on (resolution 50/149) Governments, UN organizations, NGOs and the international community "to continue providing needed resources and operational support to Rwandese refugees and the host countries until a permanent solution can be implemented".

On 23 December, it appropriated (resolution 50/211) $32.3 million gross ($31.8 million net) for the operation of UNAMIR for the period 1 January to 8 March 1996, and urged Member States to pay their assessed contributions to the Mission promptly and in full. It also appropriated (resolution 50/213) $7.6 million gross ($7.1 million net) for the International Tribunal for Rwanda for the period 1 January to 31 March 1996.

UNHCR issues appeal

On 22 December, the UNHCR issued a $288-million appeal to cover the cost of its 1996 operations for Rwandese and Burundi refugees and returnees in the Great Lakes region. It placed special emphasis on voluntary repatriation to Rwanda and on plans for a shift in programmes from care and maintenance of refugees in countries of asylum to return and reintegration in the country of origin. A successful repatriation would depend on the willingness of the Governments involved to fulfil previous commitments made at the Nairobi Summit, the Bujumbura Conference and in meetings of the Tripartite Commission, the appeal stated. At a 20 December meeting of the Tripartite Commission, the UNHCR had expressed concern at the lack of significant progress towards creating some of the necessary conditions for a voluntary return.

According to figures provided by the Agency, an estimated 1.7 million refugees still remained in camps in Burundi, the United Republic of Tanzania and Zaire, and would continue to need assistance prior to repatriation. As many as 820,000 Rwandese refugees could repatriate during 1996, leaving a residual caseload of some 900,000 by the end of the year.