New commission to investigate possible destabilization efforts: arms embargo lifted.

Reports of continuing violence and fear of retribution against returning refugees, the arming of former government forces and alarming prison conditions provided a worrisome backdrop for intensified UN efforts in Rwanda during July, August and September.

Among important developments were the suspension of the arms embargo against Rwanda until at least 1 September 1996 and the creation of a new Commission of Inquiry to look into reports of arming and training of former government forces, with the aim of destabilizing the current Government.

On 16 August, the Council unanimously adopted resolution 1011 (1995), allowing the sale or supply of arms and related materiel to Rwanda through points of entry to be designated by the Rwandan Government. The action was taken under Chapter VII of the UN Charter.

The embargo was originally imposed under Council resolution 918 (1994) of 17 May 1994. On 9 June 1995, by resolution 997 (1995), it further affirmed that those restrictions also applied to the sale or supply of arms to persons in neighbouring States, if this would be for use within Rwanda. Those States were asked to take steps to end "factors" contributing to Rwanda's destabilization and to ensure that such arms and materiel were not transferred to Rwandan camps within their territories.

In resolution 1011, the Council expressed great concern at reports of military preparations and increasing incursions into Rwanda by elements of the former regime, and underlined the need for effective measures to ensure that Rwandan nationals currently in neighbouring countries, including those in camps, "do not undertake military activities aimed at destabilizing Rwanda or receive arms supplies, in view of the great likelihood that such arms are intended for use within Rwanda". The uncontrolled circulation of arms, including to civilians and refugees, the Council warned, "is a major cause of destabilization in the Great Lakes subregion".

No reselling of arms

Resolution 1011 stipulates that no arms and related materiel supplied to the Rwandan Government may be resold to, transferred to, or made available for the use of any State neighbouring Rwanda, or any person not in the service of the Government. All States should prevent the sale or supply of arms to Rwanda, or to persons in neighbouring States, "if such sale or supply is for the purpose of the use of such arms or materiel within Rwanda", except to the Government.

Consultations with Governments of neighbouring States on the deployment of UN military observers in the airfields and other transportation points should continue, the Council recommended. Also, the Rwandan Government should continue its efforts to create "an atmosphere of trust and confidence for the safe return of refugees".

The Council also asked Secretary-General Boutros Boutros-Ghali to look into establishing a Commission to address arms flow allegations.

After the vote, Rwanda said that in submitting the resolution, its current Government "does not want to inherit an embargo which was imposed upon the genocide Government".

Zaire, contending that the action would not contribute to easing tension, said it would be forced to refuse admittance to refugees at the border or to expel or deport to another State those refugees already on its territory. It underlined that it could not indefinitely sacrifice its own security for the sake of unilateral solidarity and humanitarianism which could be "suicidal" for Zaire.

Under resolution 1013 (1995), adopted unanimously on 7 September by the Security Council, an International Commission of Inquiry would be set up to look into allegations that former Rwandan Government Forces (RGF) were receiving military training in order to destabilize Rwanda. The Commission would be authorized to collect information and investigate reports about the sale or supply of arms and related materiel to the RGF in the Great Lakes region of Africa.

It would also identify parties "aiding and abetting" illegal arms acquisitions by those forces and recommend measures to end the illegal arms flow in the subregion, the Council declared. Governments of States where the Commission would carry out its mandate should "cooperate fully".

An impartial panel

The new body would be composed of five to ten impartial and internationally respected persons, including legal, military and police experts. The international community would collate relevant information and make it available to the Commission.

After the vote, Rwanda - a non-permanent member of the Security Council - said it had repeatedly asked the UN for information on the training and arming of the RGF, but without success. "It is a shame", he said, "that this problem, which affects the security of an entire region, should be put on the back burner, when prevention would cost the United Nations and its Member States less than allowing the situation to fester."

Zaire gave wholehearted support to establish the Commission, to put an end to "accusations".

In a 25 August letter (S/1995/761), the Secretary-General said the Commission would constitute "an important element in preventing renewed conflict in the region, provided that it enjoyed the support and cooperation of all concerned". It should have the freedom to obtain information from all relevant sources, "free access, without prior notification, to all sites it deemed necessary for its work", and the ability to privately interview any person.

In an 8 August report (S/1995/678), the Secretary-General said that despite the fact that a quarter of the Rwandan population remained in refugee camps near its borders, the security situation in the country had improved "markedly" since June.

A consensus had emerged concerning the need to prevent acts of violence that might pose a threat to regional peace and stability, with some Governments having indicated interest in setting up the arms commission.

While the Rwandan Government over the past year had made efforts to stabilize conditions, the Secretary-General still cautioned that "many of the causes of the conflict and ensuing genocide remain to be addressed in a determined and comprehensive manner". Economic weakness and the lack of public revenue to run an effective administration frustrated efforts, he warned.

With tensions along the borders able to "erupt in uncontrollable violence at any moment", the Rwandan Government, the countries in the subregion and the international community must address the vital issues confronting that crisis-torn nation, the Secretary-General stressed.

During his july visit to the subregion, he had also followed up on an earlier Council request and had undertaken further consultation the convening of a regional conference to consider the interrelated problems of peace, security and development.

Encouraging

voluntary return

Mr. Boutros-Ghali considered it particularly important to encourage the voluntary return of refugees and said some positive steps and confidence-building measures were being taken by the Rwandan Government. He also suggested convening a regional meeting to develop specific measures to fulfil commitments already agreed upon by Rwanda, the neighbouring countries hosting Rwandan refugees, and humanitarian agencies. This would be in addition to holding "round-table meetings", in which all sectors of Rwandan society, including the refugee community, would participate.

Representatives from all sectors of Rwandan society must begin talks in order to reach an agreement on a constitutional and political structure needed to achieve lasting stability. No political leaders suspected of planning and directing the genocide the previous year would be included.

Prison conditions in the country constituted "a major humanitarian crisis", the Secretary-General said. More than 50,000 people were being held in places of detention, although actual prison capacity was only 12,250, with more than 200 deaths estimated per month.

To reverse the situation, he had asked Under-Secretary-General for Humanitarian Affairs Peter Hansen to initiate, in coordination with the Government and the international community, "effective and urgent measures".

The repatriation of the UN Assistance Mission for Rwanda (UNAMIR) troops had begun, Mr. Boutros-Ghali reported. As of 3 August, troop strength was down to 3,571, towards the authorized level of 1,800. Due to its adjusted mandate, the Mission's military component had shifted to assisting in the process of normalization of the country, delivery of humanitarian aid, and provision of engineering and logistical support. UNAMIR's ability to provide such assistance was increasingly limited by the gradual reduction of its manpower and other resources. Earlier restrictions on its freedom of movement had generally ceased", he said.

On 9 June, the Council adopted resolution 997 (1995), extending the Mission until 8 December, and adjusting its mandate to emphasize peace-building activities and authorizing a troop reduction to 1,800 within four months.

Consultations on

military observers

Reporting on 9 July (S/1995/552) on the results of consultations of his Special Envoy, Aldo Ajello of Italy, with Rwanda and its neighbours, the Secretary-General informed that there was "strong opposition" on the part of some countries to the proposed deployment of UN military observers in their territories, including at airfields located in eastern Zaire, in order to monitor the sale or supply of arms and materiel. The consultations had been requested by the Council in resolution 997.

The Secretary-General said that Mr. Ajello, who had visited the region from 20 to 28 june, had found agreement that "a broader approach, with the involvement of Rwanda and its neighbours and the support of the international community as a whole, would offer better opportunities for a lasting solution to the Rwandan crisis".

There was also a growing recognition "not only of the urgency and gravity of the risks confronting the countries tries of the region, but also of the need for the Governments concerned to take individual and collective measures to address these dangers".

However, while Rwanda and Burundi had welcomed the proposed deployment, the United Republic of Tanzania had refused, suggesting instead that the UN strengthen its military presence in Rwanda to ensure the safe return of refugees. Zaire, though supporting "any effective action that could prevent the destabilization of Rwanda", again strongly denied accusations of aiding the RGF, recalling that it had in fact asked for an inquiry. Uganda had neither objected to nor shown enthusiasm for the proposal, the report stated.

Demining, arms issues

On 17 July, the Security Council, again acting under Chapter VII, decided to permit the supply to Rwanda of explosives if intended exclusively for demining programmes.

In resolution 1005 (1995), it underlined the importance of efforts to eliminate the threat posed by unexploded land-mines, which it said constitute a substantial hazard to the population of Rwanda, and an impediment to the rapid reconstruction of the country".

The Security Council Committee set up to monitor the arms embargo on 19 July adopted work guidelines and approved a United States' request to supply Rwanda "an appropriate quantity" of explosives and related materiel for use in a bilateral humanitarian demining assistance programme.

On 27 July, the Committee appealed for information on violations or suspected violations of the arms embargo, and requested that Governments, intergovernmental and non-governmental organizations, and individuals forward to their own Governments or to the Committee any relevant information they might have.

On 29 August, the Secretary-General described (S/1995/762) his concerns over recent developments in the Great Lakes Region, including refoulement of refugees from Zaire. Added to the already precarious security situation in the region, it raised the possibility of "yet another humanitarian tragedy", he said.

Steps were being taken to set up a Regional Integrated Information Unit to "fill existing gaps in the flow and analysis of information, thereby enhancing the international humanitarian community's capacity to develop and implement integrated approaches" to address regional problems, he said.

"A lasting solution of the crisis facing the Great Lakes Region lies only in the early restoration of political stability and security", Mr. Boutros-Ghali stressed. Referring to the sudden departure on 28 August of Rwandese Prime Minister Faustin Twagiramungu and four other Cabinet Ministers, the Secretary-General said: "Notwithstanding recent changes in the Rwandese Government, I am confident that we will continue our work in a constructive and positive spirit to enhance Rwanda's capacity for ensuring the observance of human rights for all its citizens, the safety of the returnees and justice for all." Pierre Celestin Rwigema was subsequently appointed Prime Minister.

Council President Francesco Paola Fulci of Italy on 7 September informed the Secretary-General of members' concern over the "continued gravity of the situation" and underlined the need for a coordinated, effective response from the international community.

Forcible repatriation

On 23 August, the Council called on Zaire to "reconsider and halt its declared policy of the forcible repatriation of refugees to Rwanda and Burundi".

In a presidential statement Zaire was asked to "stand by its humanitarian obligations regarding refugees", including those under the Convention relating to the Status of Refugees of 1951. (The Convention stipulates that "contracting States shall not expel a refugee lawfully in their territory, save on the grounds of national security or public order".)

Zaire and other States that had accepted refugees from the two wartorn countries "make an important contribution, in spite of the considerable difficulties created for them thereby to peace and stability in the region": the Council declared. This contribution was of special importance in view of the genocide that had taken place in Rwanda and the possibility of further bloodshed in Burundi.

The Council also noted the commitment of the Rwandan Government to take the necessary steps to facilitate the safe return of its nationals as soon as possible, and encouraged it to continue its efforts in this respect. The international community was asked to provide "all possible assistance to help care for the refugees".

On 22 August, the Office of the UN High Commissioner for Refugees (UNHCR) condemned the expulsion of refugees from camps in eastern Zaire. According to Carrol Faubert, UNHCR special envoy for the Great Lakes region, the Agency stood ready to open a dialogue aimed at resuming a voluntary repatriation programme for all the region's 2 million refugees.

Two reception centres were opened in Rwanda to receive refugees from Goma and Bukavu, and another facility was located at Burundi's border town of Gatumba.

On 18 August, Mr. Boutros-Ghali urgently appealed (S/1995/723) to Zaire to continue to provide to the refugees assistance "that accords with the traditions of generosity of the people of Zaire".

Ministers from Zaire and Rwanda, meeting on 25 September in Geneva, vowed to curb extremist activities and provide security and protection to refugees, according to a joint communique issued at the close of the daylong meeting of the Tripartite Commission, chaired by UNHCR,

In the communique, Zaire pledged to reduce intimidation in the camps in its territory. Rwanda would strengthen reception facilities and protect returnees.

The Tripartite Commission, which comprises the two countries and UNHCR, met within the framework of an agreement signed in Kinshasa in October 1994 that called for the voluntary repatriation of Rwandan refugees in Zaire. Tripartite agreements covering Rwandan refugees in the United Republic of Tanzania and Burundi have also been concluded.

Continuing violence

Responding to killings on 11 and 12 September in Kanama commune in north-west Rwanda, the Secretary-General on 13 September warned that such incidents "can only exacerbate tensions in the area and undermine the current efforts to promote peace and stability in Rwanda and the subregion as a whole".

He welcomed the setting up of a joint investigation team, to include UNAMIR representatives and Rwandan authorities, as well as UN human rights monitors, to establish the facts of the incident and recommend measures to prevent recurrences.

The UN Department of Humanitarian Affairs on 5 September proposed actions to resolve the crisis in Rwanda's prisons. It noted that some 50,000 Rwandans were being held in 215 places of detention, and that hundreds had died as a result of overcrowding. Meanwhile, the judicial system remained paralyzed and no genocide trials had begun.

On 11 August, Mr. Hansen had described the prison situation in Rwanda as "a humanitarian nightmare". In some instances, there were four prisoners per square metre, "with no shelter from baking sun or pouring rain".

On 3 August, the World Food Programme (WFP) had begun emptying several food warehouses in Rwanda, so that the Government could convert them into temporary detention centres to ease prison overcrowding.

Many prisoners, WFP said, were charged with acts of genocide during the Rwandan civil war, when as many as 1 million Tutsis and politically moderate Hutus were massacred. With the judicial system in Rwanda strained, no prisoners had as yet been sentenced.

International Tribunal

The International Tribunal for Rwanda, to be located in Arusha, United Republic of Tanzania, had a sound financial basis and would be operational later in the year, the Secretary-General reported (S/1995/741) on 25 August.

Present inquiries were centred on a small number of individuals who were suspected of being principally responsible for the planning, incitement or commission of crimes".

Jose Luis Jesus of Cape Verde was appointed in August as the Secretary-General's Envoy to the Great Lakes region to facilitate the preparation and convening of a regional conference on peace, security and development in the Great Lakes region of Central Africa.

'No more genocide'

Secretary-General Boutros Boutros-Ghali on 13 july addressed the Rwandan Parliament in Kigali during a visit to the region. The following was excerpted from his remarks:

Everyone thought that since the Second World War was over there would be no more genocide, but there has been another genocide. We must, therefore, find solutions. Return to peace must be a prerequisite for the reconstruction of Rwanda. Unless you find a way to integrate the refugees and have them return, you will not have any real reconstruction. If ever they do begin to return, if ever you do succeed in taking steps to restore confidence, to show that you want justice, not vengeance - I know you do want justice, you are in favour of justice, not in favour of vengeance - then, at that time, you will be able to build a new peace. It will take many years to forget this genocide, to forget this fratricidal war during which many thousands of women, children and men were killed in the most horrible manner. And we need reconciliation; reconciliation must not be confined to words, it must be reflected in deeds.