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4 November 1994
Doc. 7191
REPORT on Rwanda and the prevention of humanitarian crises
(Rapporteur: Mr FLÜCKIGER, Switzerland, Liberal, Democratic and Reformers Group)
Summary
It is very important to remember that the suffering resulting from the struggle for power in Rwanda is still continuing to affect its population, and that there is no guarantee that the horrors perpetrated will not recur, either in Rwanda or in the adjoining countries. The assistance provided to the refugees and displaced persons must be stepped up, guarantees of safety given to those returning to the country and the outbreak of other conflicts in the region prevented.
I. Draft resolution
1. With reference to the Council of Europe's mandate to protect human rights and democratic principles, the Assembly observes that these rights and principles transcend the boundaries of Europe and should be seen in a context of worldwide interdependence and solidarity, in conformity with the declaration of the Committee of Ministers of 5 May 1989 on the future role of the Council of Europe in European construction and with the Vienna Declaration of 9 October 1993.
2. Adopting this global perspective, the Assembly regrets that the international community has been unable to prevent the massacres in Rwanda. It does, however, appreciate the commitment of a number of countries which, acting on the basis of a United Nations mandate, have helped or are helping to protect the civilian population and provide humanitarian assistance.
3. The Assembly expresses its great respect to both governmental and non-governmental organisations for the exemplary work they are doing on the spot, in conditions which are as difficult as they are dangerous.
4. The Assembly welcomes the holding of the international Conference on "Rwanda in its regional context: human rights, reconciliation and rehabilitation" (The Hague, 16 and 17 September 1994) and supports The Hague Appeal adopted at the end of the conference. It considers that in order to make this Appeal effective, follow-up measures, of which it asks to be informed, should be adopted as soon as possible.
5. The Assembly considers that the Council of Europe, particularly through its North-South Centre in Lisbon, should step up its links with the countries of Africa in order to strengthen its partnership with that continent and help to ensure respect for human rights there. In this context the Assembly refers to the texts it has already adopted on this subject, namely Recommendation 962 (1983), Recommendation 1062 (1987) and Order No. 434 (1987), Resolution 928 (1989), Resolution 981 (1992) and Resolution 1006 (1993), and regrets that appropriate action to follow up its proposals has not been taken.
6. The Parliamentary Assembly therefore:
i. asks the Government of Rwanda:
a. to guarantee the safety of the refugees who return to the country, to prevent any act of revenge against them and to take any necessary steps to restore confidence to the population;
b. to enter into national political discussions with a view to setting up a democratic and pluralist system of government, obtaining, if possible, the agreement of the different ethnic groups;
c. to encourage the International Committee of the Red Cross (ICRC) to continue to visit the places of detention of prisoners of war and police stations, and to allow international observers to visit other places of detention;
ii. appeals to the member states of the Council of Europe to use their influence within the United Nations Security Council with a view to:
a. setting up machinery making possible rapid and effective intervention by a United Nations force to prevent humanitarian crises;
b. setting up an international tribunal to try the perpetrators of the massacres and other crimes in Rwanda which violate international laws as defined in particular by the 1949 Geneva Conventions and the first additional Protocol of 1977;
c. revising the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide to make it possible for the perpetrators of genocide to be tried in countries other than those where they committed their crimes;
iii. invites the member states of the Council of Europe to contribute, financially and/or in kind, alone or through international organisations:
a. to humanitarian assistance for Rwandan refugees and displaced persons and to their return to their homes;
b. to the deployment of an adequate number of international human rights observers in Rwanda;
c. to the defusing of antipersonnel land mines;
d. to the setting up and operation of family reunification networks;
e. to the reconstruction of Rwanda;
iv. also invites the member states of the Council of Europe:
a. to ratify, if they have not yet done so, the 1980 United Nations Convention on Conventional Weapons, and to support revision of Protocol II thereto where it relates to anti-personnel land mines, particularly with a view to making it compulsory for such mines to be fitted with self-destruct mechanisms;
b. to use their influence to ensure that a regional conference on Central Africa is held as soon as possible;
v. asks the member states of the Council of Europe to limit the supply of arms to this part of the world and in every case to submit to an open registration system;
vi. asks the governments of countries which have camps for Rwandan refugees on their territory:
a. to ensure that the camps are fully demilitarised;
b. to suppress the propagation of violence and hatred among the refugees;
c. to ensure the circulation of, and access to, information in the camps;
d. to ensure safe access to the camps by representatives of the humanitarian organisations;
e. to promote respect for human rights.
II. Explanatory memorandum
by Mr FLÜCKIGER
1. Introduction
1. The massacres which occurred in Rwanda appalled the whole of humankind. In the space of a few weeks, more than half a million people are estimated to have perished. It has to be said that the international community was unable to prevent this genocide and reacted deplorably slowly.
2. The fact that the massacres have ceased does not make this report any less urgent, for serious incidents are still occurring, and the situation is far from stabilised. Measures must be taken without delay in three areas at least, namely:
—as sistance to refugees and displaced persons;—
—th e return of refugees, normalisation of life and reconstruction of the country;—
—th e prevention of other conflicts in Central Africa.3.
3. The Council of Europe must promote implementation of these measures, for the tragic events which occurred in Rwanda violated the very principles upon which our Organisation is based. In practice, the Council of Europe's mandate to protect human rights and democratic principles transcends the boundaries of Europe and should be viewed in a context of worldwide interdependence and solidarity.
4. This interpretation was confirmed in the declaration of the Committee of Ministers of 5 May 1989 on the future role of the Council of Europe in European construction, which states, inter alia, that the Council of Europe "will pay attention to events in the world where its principles and ideals are being either violated or promoted". More recently, the Council of Europe's responsibility for North-South interdependence and solidarity was emphasised in the Vienna Declaration of 9 October 1993, adopted at the Summit of Heads of State and Government of the Member States of the Council of Europe.
5. Nor is it the first time that the Parliamentary Assembly has considered problems of the continent of Africa. Several texts adopted on this subject bear witness to the interest it takes in these matters, namely: Recommendation 962 (1983) on development co-operation and human rights; Recommendation 1062 (1987) and Order No. 434 (1987) on political co-operation between Europe and Africa; Resolution 928 (1989) on arms sales and human rights; Resolution 981 (1992) on the new North-South relationship and Resolution 1006 (1993) on North-South interdependence and solidarity: Europe and the least developed countries.
2. The situation of refugees and displaced persons
6. From a population of over seven million people, two million are estimated to have taken refuge in Zaïre and one million in Burundi, Tanzania and Uganda, while two million have been displaced within the country.
7. Most of the refugees are still in camps and living in disastrous sanitation conditions, in which diseases are proliferating. Furthermore, the fear, overcrowding, absence of schooling and lack of activity typical of the situation in the camps are bound to have negative effects in the medium and longer term, particularly on children.
8. In this context, great respect and gratitude must be expressed to the governmental and non-governmental humanitarian organisations which are working on the spot, in difficult and dangerous conditions, to provide food and the most urgently needed services and goods.
9. Member states must continue to support these organisations' activities, in kind and/or financially, for additional resources will be needed until the repatriation of refugees is fully under way. In this context we must thank all the states and organisations which have generously responded to the appeal for assistance.
10. It is also essential that the international observers are able to be certain that the residents of the refugee camps have effectively been disarmed. Similarly, a stop must be put to any incitement to resume violence and to any attempt to intimidate those wishing to leave the camps and return to their country.
11. Particular attention must be given to the problems of unaccompanied children, of whom there are thousands throughout the region. Encouragement must be given, for example, to schemes to register such children and to help to reunite them with their families, such as the one run by the International Committee of the Red Cross (ICRC), which is called "Radio-Link BBC-RWANDA".
3. The return of refugees, normalisation and reconstruction
12. Rwanda will have to rebuild itself completely, and this will only be possible with considerable assistance from the international community. Given the numbers of refugees and the disastrous living conditions in the camps, the voluntary return of refugees is the first priority.
13. The Rwandan Government must guarantee the safety of those returning to the country, prevent acts of revenge against them and take practical steps to start genuine political discussions at national level leading to the installation of a democratic and pluralist system of government. The international community therefore ought to ensure that the Rwandan Government acts upon this basis.
14. Given the atmosphere of distrust prevailing in the country, the deployment of an adequate number of international human rights observers is essential, in order to ensure that refugees returning to the country are effectively safe. As financial problems seem to have caused the delay in sending such observers, member states should support this scheme.
15. A lasting reconciliation will be impossible until the perpetrators of the massacres have been tried. It is therefore necessary to set up an international tribunal, under the aegis of the United Nations, responsible for trying the perpetrators of these crimes. In this context it is appropriate to point out that there is a need for revision of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide, particularly so as to make it possible for the perpetrators of genocide to be tried in countries other than those where they committed (or are continuing to commit) their crimes.
16. Another serious obstacle to the normalisation of life in Rwanda is the large numbers of antipersonnel land mines spread across the country. Given that the elimination of these mines is an extremely hazardous and costly undertaking, additional resources should be made available to the competent international organisations in order to remedy this dangerous situation.
17. In this context, member states not yet having done so should ratify the 1980 United Nations Convention on Conventional Weapons and support revision of Protocol II thereto where it relates to anti-personnel land mines, particularly where the obligation to fit such mines with self-destruct mechanisms is concerned.
18. The Rwandan Government should also provide decent detention conditions for prisoners of war and allow the international observers to visit the places of detention and police stations.
4. Measures with a view to prevention and intervention
19. It is essential to emphasise that there can be no lasting settlement of the conflict in Rwanda unless a solution is found to all the problems of the Central African region. In practice, the same ethnic links which divide Rwanda are at the root of an explosive situation in Burundi and in the adjoining region of Zaïre (Kivu). In the light of this fact, coupled with the tensions caused by the presence of a large number of Rwandan refugees in the neighbouring countries, it is vital that the international observers be deployed in this region as part of an "early warning system".
20. At the same time, machinery for intervention by international forces should be set up so that such forces may be deployed in the shortest possible time in the event of the imminent outbreak of another conflict.
21. In addition to these measures, and by way of preventive diplomacy, member states and the European Union should use their influence to ensure that a regional conference on Central Africa is held under the auspices of the Organisation of African Unity as soon as possible.
22. There is also a need for states to limit arms supplies to this explosive region and, in every case, to submit to an open registration system covering the quantities and nature of any supplies they provide.
5. Conclusion
23. The Rapporteur welcomes the initiative of the North-South Centre of the Council of Europe, which, in conjunction with the Dutch National Committee for Development Education and under the joint aegis of the Secretaries General of the Council of Europe and the Organisation of African Unity, organised the Conference on "Rwanda in its regional context: human rights, reconciliation and rehabilitation", held in The Hague on 16 and 17 September 1994.
24. The Hague Appeal, adopted at the end of the conference, represents a valid programme for the material and moral reconstruction of Rwanda. The Rapporteur supports this appeal, which contains much that this report, drawn up for a debate under urgent procedure, was unable to cover in full.
25. It is clear that no lasting solution to the conflicts in Rwanda and other African States can be found if the concept of power-sharing as an end in itself is not approached in a constructive way. The pleas for human rights and democracy in Africa so often expressed by the Parliamentary Assembly and other bodies must be seen in a political context. Just repeating them is not enough. The countries of Africa need the active support of the Council of Europe and its member states in their efforts to establish systems based on genuine democracy and human rights protection. It is essential that better international co-operation be established to achieve these aims, as otherwise the eruption of violence and hatred may occur again.
26. The Council of Europe must therefore strengthen its partnership with Africa and help to propagate its principles there. The North-South Centre has already proved itself in this area and should be given the opportunity to deepen and widen its sphere of activities. Another important step would be to associate members of African countries' parliaments more closely with the Strasbourg Conferences on Parliamentary Democracy. Similarly, the Council of Europe should give the countries of Africa greater benefit from its legal expertise and from its programmes promoting democracy and human rights.
27. In conclusion, the rapporteur emphasises that situations like that in Rwanda can arise at any moment in other parts of the world. The example of the former Yugoslavia, sadly, merely proves this point. This being so, only the operation of machinery enabling international forces to intervene rapidly and effectively in accordance with the right to interfere recognised at the end of the Cold War could prevent further humanitarian disasters.
APPENDIX I
A reminder of the facts — the course of the conflict
Population of Rwanda:
—7, 5 million (pre-war), 90% from the Hutu ethnic group.Hi
History:
—19 07: Rwanda, a monarchy, became a German protectorate.—
—19 23: The country was placed under a Belgian mandate.—
—1 July 1962: Declaration of independence.Th
The course of the conflict:
—19 59: Bloody clashes broke out between Tutsis and Hutus. The Hutus, hitherto governed by the Tutsis, seized power.—
—19 61: The start of guerilla warfare by the Tutsis, resulting in the flight of several waves of refugees.—
—19 90: The Rwandan Patriotic Front (RPF), set up by the Tutsis, launched an attack from Uganda. The assault was repulsed, and thousands of Tutsi civilians were massacred.—
—19 91-93: Clashes continued, accompanied by massacres of civilians.—
—4 August 1993: Signing of the Arusha Peace Agreement (in Tanzania) bringing the war to an end and providing for power sharing, integration of the two armies and the return of the refugees. An international force of some 2 700 men (UNAMIR — United Nations Assistance Mission to Rwanda) was deployed in the country.—
—6 April 1994: The Presidents of Rwanda and Burundi were killed in an aircraft apparently hit by one or more rockets.—
—7 April 1994: Massacres of Tutsis and moderate Hutus began.—
—22 April 1994: A United Nations resolution reduced the size of UNAMIR to 270 men.—
—22 June 1994: The United Nations Security Council adopted Resolution 929 authorising member states to use all necessary means, during a two-month period, to achieve humanitarian objectives in Rwanda.—
—23 June 1994: Operation Turquoise began, involving 2 500 men, including 1 500 French soldiers. A humanitarian zone was established in south-western Rwanda.—
—17 July 1994: The RPF took control of the whole territory, with the exception of that humanitarian zone.—
—22 August 1994: Operation Turquoise came to an end. A replacement United Nations force (UNAMIR 2) took over only after a delay.AP
APPENDIX II
International Conference on
"Rwanda in its regional context: human rights,
reconciliation and rehabilitation"
(The Hague, 16-17 September 1994)
The Hague Appeal
The international conference on Rwanda, organised at the initiative of the Council of Europe's North-South Centre and its partners in various European countries, under the joint auspices of the Secretaries General of the Council of Europe and the Organisation of African Unity, met in The Hague on 16 and 17 September 1994.
Being desirous to contribute to international efforts and the political will to establish sustainable peace and stability in Rwanda and the sub-region through reconciliation and reconstruction in the spirit of the Arusha peace process, the conference made the following appeal bearing in mind the overriding importance of the protection of human rights.
I. Reconciliation
1. The international community should continue to render relief assistance to the Rwandan refugees and the internally displaced persons. The convening of an international conference on humanitarian relief assistance under the auspices of the United Nations, the Organisation of African Unity (OAU) and with the support of the international community, governments agencies as well as non-governmental organisations is urgently required.
2. As a matter of urgency an international tribunal under the auspices of the United Nations should be established to bring to justice the suspected perpetrators of genocide, massacres and other crimes against humanity. This tribunal could conduct its business inside and outside Rwanda. Such a judicial process would contribute to bringing to an end the culture of impunity.
3. The conference urges all components of the international community to work with the Rwandan Government in its efforts to create the conditions for refugees and internally displaced persons to return to their homes in safety. Acts of vengeance and retribution should be prevented.
4. The conference appeals to host countries to separate and disarm military and militia elements among the refugees population, in conformity with international law, including relevant OAU conventions.
5. The conference appeals to all components of Rwandan civil society and government to do their utmost to contribute to a process of national reconciliation. Such a process could consist of confidence-building measures, putting an end to hostile propaganda and counter-propaganda, establishing media diversity and education for national unity.
6. The conference appeals for the Rwandan Government to be helped to apply democratic principles and the strengthening of democratic institutions, human rights and good governance with a view to ensuring the broadest possible participation in the political process.
II. Reconstruction
1. The conference appeals for the initiation of adequate and well co-ordinated international support in all aspects of post-war reconstruction efforts. Particular attention should be given to the role of women in these reconstruction efforts.
2. The conference appeals for the formulation of policies and the initiation of projects for the rehabilitation and the creation of employment opportunities for youth.
3. The conference appeals for measures to be undertaken and resources for post war reconstruction efforts to be mobilised through national and sub-regional economic co-operation structures.
4.. The conference appeals for help to be made available to neighbouring countries to overcome the environmental and socio-economic effects of the Rwandan crisis.
5. The Conference appeals for the setting up of an international economic support mechanism to assist the governments and people of the Great Lake area.
III. Perception and the media
1. The conference appeals to the government and Rwanda to respect the freedom of expression, especially the freedom of the media. Special attention should be paid to pluralism and peoples' accessibility to the media.
2. Furthermore, the conference appeals for the establishment of an independent, national radio broadcasting station for the promotion of human rights, national dialogue and reconciliation.
3. The conference appeals for technical and financial support for the rehabilitation of the Rwandan media, including radio and television broadcasting facilities. This should include support for human resources, including the training of journalists and other media experts.
IV. Prevention
1. The conference appeals to the international community to establish an early-warning mechanism with commensurate early response capacity. This requires financial and material assistance as well as the development of human resources. Such preventive action should address all real and potential threats to the peace and stability of Rwanda and the neighbouring countries, for instance by setting up a strategic observatory. This early warning mechanism and commensurate early response capacity should also address the root causes of conflicts. For preventive action to be effective it is important to stress the role of civil society and NGOs.
2. To this end the international community should assist in the strengthening of the OAU mechanism for conflict prevention, management and resolution.
3. Restraint should be exercised in the supply of arms to this conflict area through transparent mechanisms including registration and monitoring.
4. The conference appeals to the OAU and the international community to assist the Government of Rwanda in strengthening and, where appropriate, re-establishing public administration, including local and regional authorities, the judiciary and a national police force, to establish and maintain law and order and the rule of law.
5. The conference appeals for a regional conference to be urgently convened under the auspices of the OAU and with the support of the international community to address the root causes of the conflict within the region, including ethnicity and with due regard to the need to develop a new vision of the concept of power.
6. The conference encourages member states of the OAU to strengthen and empower the African Commission on Human and Peoples' Rights and to accelerate the process for the establishment of an African Court for Human and Peoples' Rights.
*
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Finally the conference appeals to the OAU, the Council of Europe and the European Union to initiate a process towards a new relationship between Africa and Europe, aiming at genuine equal partnership based on the quest for sustainable socio-economic development, security and respect for human rights, democracy and good governance.
Reporting committee: Committee on Migration, Refugees and Demography.
Budgetary implications for the Assembly: none.
Origin: Doc. 7175 and Reference No. ...
Draft resolution unanimously adopted by the committee on 17 October 1994.
Members of the committee: MM. Flückiger (Chairman), Cucó, Sir John Hunt (Vice-Chairmen), Mrs Aguiar, Mr Akselsen, Mrs Arnold, Mrs Astgeirsdóttir, MM. Attard-Montalto, Biefnot, Billing, Böhm, van den Bos (Alternate: Mrs Baarveld-Schlaman), Branger, Mrs Brasseur, MM. Brennan, Brito, Dolazza, Ehrmann, Fuhrmann, Galanos, Ghesquière, Golu, Gotzev, Mrs Hacklin, MM. Iuliano, Iwinski, Kalus, Kapsis, Kiliç, Kiratlioglu, Lord Kirkhill (Alternate: Mr Atkinson), MM. Laanoja, Lauricella, Leitner, Lupták, Mrs Mascher, MM. Mészáros, Pastuszka, Pavlidis, Mrs Robert, MM. Saudargas, Skolc, Mrs Soutendijk-van Appeldoorn, MM. Stoilov, Trojan, Mrs Uusmann (Alternate: Mr Franck), Mr Vázquez (Alternate: Sainz Garcia).
N.B. The names of those members present at the meeting are printed in italics.
Secretaries to the committee: MM. Newman and Sich.