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Note: This document is from the archive of the Africa Policy E-Journal, published by the Africa Policy Information Center (APIC) from 1995 to 2001 and by Africa Action from 2001 to 2003. APIC was merged into Africa Action in 2001. Please note that many outdated links in this archived document may not work.

Rwanda: Recent UN Documents
Date Distributed (ymd): 950912

S/1995/761 31 August 1995

LETTER DATED 25 AUGUST 1995 FROM THE SECRETARY-GENERAL
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour  to refer to paragraph  2 of Security
Council resolution 1011 (1995)  of 16 August 1995.   In its
resolution, the Council  requested me,  in accordance  with
paragraph  45  of my progress  report (S/1995/678) dated 8
August 1995,  to make recommendations, as soon as possible,
on the establishment of a Commission mandated to conduct a
full investigation to address allegations of arms flows to
former Rwandese government forces in the Great Lakes region
of Central Africa.

In that report, I indicated that some Governments had
expressed an interest in the establishment, under United
Nations auspices, of an international commission to
investigate allegations of arms deliveries to members of the
former Rwandese government forces. I also expressed the hope
that all Governments concerned would support such an
initiative and said that I would submit recommendations to
the Security Council on this matter. My recommendations are
set out below.

The basic terms of reference of the proposed Commission, as
defined in paragraph 2 of resolution 1011 (1995), seem to me
adequate. The Commission would collect information and
investigate reports relating to the sale or supply of arms
and related materiel to former Rwandese government forces in
violation of the embargo imposed under Security Council
resolutions 918 (1994) of 17 May 1994 and 1011 (1995) of 16
August 1995. It would also investigate allegations that such
forces were receiving military training in order to
destabilize Rwanda. The Commission would attempt to identify
parties aiding or abetting the illegal acquisition of arms
by former Rwandese government forces, and recommend measures
to curb the illegal flow of arms in the subregion.

The Commission would need the freedom to obtain from all
relevant sources information it considered necessary to
carry out its work, including the review of information from
investigations of other persons or bodies. In this
connection, the Security Council should, as appropriate,
request States, international and other organizations and
private individuals to provide whatever relevant information
they may have to the Commission as soon as possible and to
furnish any other assistance that may be required. In
addition, any information collected by the Sanctions
Committee established under resolution 918 (1994) should be
made available to the Commission.

To carry out its mandate effectively, the Commission would
need to have the full cooperation and support of the
Governments in whose territories it would conduct
investigations. These Governments would be requested to take
appropriate measures to guarantee the safety and security of
the members of the Commission and to ensure that they have
the necessary freedom of movement and contacts in order to
conduct their investigations. The Commission would require
free access, without prior notification, to all sites it
deemed necessary for its work, including border points, air
fields, refugee camps and other relevant locations. It would
also have to be free to interview any person in private,
without prior notification. The Governments concerned would
have to respect the integrity and freedom of witnesses,
experts and other persons who may be called by the
Commission, including guaranteeing their security.

The Commission would be composed of an eminent person,
appointed by the Secretary-General, who would serve as its
Chairman, assisted by 5 to 10 legal, military and police
experts and the appropriate support staff. These experts
would be contributed by Member States, at the reqest of the
Secretary-General, but would be paid by the United Nations
and would serve in their personal capacity.

Commission members should be granted all relevant privileges
and immunities provided for by the Convention on the
Privileges and Immunities of the United Nations. The members
of the Commission would have the status of experts on
mission in accordance with article VI of the Convention and
any staff of the Secretariat attached to the Commission
would have the status of officials in accordance with
articles V and VII of the Convention.

The proposal to establish such a Commission was initially
made by the Government of Zaire. In its note verbale of 10
August to the President of the Security Council
(S/1995/683), the Government of Zaire reiterated its support
for this idea and offered to assist an international
commission of inquiry established under United Nations
auspices. I therefore recommend that the Commission commence
its work in Zaire. In the meantime, I would pursue my
consultations with the other concerned countries in the
region, so that the Commission could, in due course, extend
its work to these countries.

The Commission would submit an initial report on its
findings to the Security Council, through the
Secretary-General, within three months of commencing its
work. It would submit a final report, including its
recommendations, as soon as possible thereafter.

Should the Security Council decide to establish such a
Commission, I recommend that it be financed through the
regular budget of the United Nations. However, pending
approval of its budget by the relevant bodies, I would call
upon Member States to provide voluntary contributions
through the Secretary General's Trust Fund for Rwanda so
that the Commission could begin its work immediately.

As I noted in my report of 8 August (S/1995/678), during my
visit to the subregion last July, it was widely recognized
by the Governments concerned that destabilizing influences,
including the illegal acquisition of arms, could be
prevented through cooperative efforts.

I believe that a Commission of Inquiry on the lines
described in this letter would be an important element in
preventing renewed conflict in the region, provided that it
enjoyed the support and cooperation of all concerned. On
this basis, I recommend that the Security Council decide to
establish it forthwith.

I should be grateful if you would bring the contents of this
letter to the attention of the members of the Security
Council.

(Signed) Boutros BOUTROS-GHALI

Note: The Commission recommended by the Secretary-General
was approved was the Security Council in Resolution 1013 on
7 September 1995.

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S/1995/762 31 August 1995

LETTER DATED 29 AUGUST 1995 FROM THE SECRETARY-GENERAL
ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I should like to share with you my concern over recent
developments in the Great Lakes Region. As you are aware, I
visited the region last July where I urged the Government of
Rwanda to work towards political stability and return to
normalcy in the country. I was particularly struck by the
deep scars left by the genocide of April 1994 on the
Rwandese society which still remain to be healed. I had also
an opportunity to witness the inhuman conditions in Rwandese
prisons where 51,000 prisoners were being held in facilities
meant for 12,500 prisoners and the paralysis in the Rwandese
justice system. Last week, the refoulement of refugees from
Zaire added to the already precarious security situation in
the region and raised the possibility of yet another
humanitarian tragedy.

I have already shared with you correspondence exchanged
between His Excellency Mr. Kengo wa Dongo, Prime Minister of
the Republic of Zaire, and myself following the refoulement
of Rwandese and Burundese refugees from Zaire. I have since
received assurances from the Government of Zaire that it
will not pursue forcible repatriation of refugees. The High
Commissioner for Refugees, Mrs. Sadako Ogata, at my request,
is currently undertaking consultations with the Government
of Zaire and other countries in the region to ensure the
safe, voluntary and orderly repatriation of refugees.

In this context, she will seek to ensure that the countries
of the region honour their commitments to the Tripartite
Agreements, the Nairobi Summit Declaration as well as the
Bujumbura Plan of Action. Mrs. Ogata met with the Prime
Minister of Zaire in Geneva today. The Prime Minister wishes
the repatriation to be completed by 31 December 1995. The
Prime Minister made evident the political and social
pressures the refugees were imposing on Zaire. While
appreciating the special needs of the host countries, Mrs.
Ogata has made it clear that a policy of forcible
repatriation will not solve the problem. She will continue
her consultations in the region and will report to me next
week.

I should, however, add that the enormous economic,
environmental and political burden which the presence of
almost 2 million refugees places on the Governments and
peoples of Zaire, Tanzania and other countries in the region
needs to be fully recognized.

Following my visit and that of Foreign Minister Kinkel of
Germany, I asked Under-Secretary-General Peter Hansen to
initiate urgent measures to address the crisis arising as a
result of prison conditions in Rwanda and the inability of
the justice system to process the cases of those
incarcerated. A United Nations mission has just returned
from Rwanda and has prepared a two-pronged strategy to
address this dual but closely related problem. This strategy
would, on the one hand, enable immediate action to improve
prison conditions including provision of urgently needed
humanitarian assistance to the prisoners and also expand the
prison capacity by up to 21,000. At the same time, the
Government of Rwanda will receive assistance to strengthen
its justice system (50 legal experts are being provided to
Rwanda urgently), as well as to reinforce its commitment and
capacity to implement a proper arrest and detention policy.
This includes ensuring the effective functioning of the
Commission de Triage intended to screen those arrested
through provision of assistance by the Human Rights Field
Operations in Rwanda (HRFOR).

In order to implement this strategy in a most expeditious
manner, I am entrusting my Special Representative in Rwanda
with the overall responsibility for coordination through the
United Nations Assistance Mission in Rwanda (UNAMIR) with
special advisory support from the United Nations
Humanitarian Coordinator. Of course, the successful
implementation of this strategy will require the full
cooperation and support of the Government of Rwanda as well
as the donor community. Extensive consultations are
currently being undertaken by Under-Secretary-General Hansen
to raise US$ 10 million required. I am encouraged by the
initial positive response from several Member States who
have offered cash and in- kind contributions. With this
support, I am confident that this strategy can be
implemented within six to eight weeks.

I have also taken steps to reinforce system-wide
coordination structures in Burundi and Rwanda. The
Department of Humanitarian Affairs is dispatching two
officers to support the Office of my Special Representative
in Burundi in the coordination of humanitarian assistance.
In Rwanda the Department of Humanitarian Affairs continues
to assume responsibility of coordinating humanitarian
actions. UNHCR, in collaboration with the Rwandese Ministry
of Rehabilitation, takes care of the reception of returning
refugees and monitors the situation.

Steps have also been taken to set up a Regional Integrated
Information Unit (RIIU) which had been recommended by the
Inter-Agency Standing Committee composed of all relevant
humanitarian organizations. Based in Nairobi, the RIIU will
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 the problems of the region. With donor support this
structure should be established by 1 October 1995.

A lasting solution of the crisis facing the Great Lakes
Region lies only in the early restoration of political
stability and security in the countries of the region. As
you know, I have appointed Ambassador Jesus of Cape Verde as
my Special Envoy for the preparation and convening of the
Conference on Peace, Security and Development in the Great
Lakes Region called for in Security Council resolution 1011
(1995). Ambassador Jesus will be proceeding to the region
later this week to consult with all concerned and will
report to me on the outcome of his consultations. Ambassador
Jesus will also travel to donor countries and hold talks
with multilateral institutions to facilitate longerterm
activities in host communities and in areas of return.

As communicated earlier to the Security Council, I have
proposed the establishment of the Commision of Enquiry on
the supply of arms to the region for which the Terms of
Reference and operating modalities were spelt out in my
communication. Upon the concurrence of the Security Council,
I will dispatch a mission to the area and report to the
Council within the proposed three-month period.

Notwithstanding the recent changes in 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. As you know, the HRFOR is concentrating on
confidence-building measures aimed at promoting national
reconciliation and a programme of technical assistance and
advisory services designed principally for the
rehabilitation of the Rwanda justice system. At present, a
senior-level mission from the High Commissioner for Human
Rights is visiting Rwanda to accelerate support for
strengthening these efforts.

I have also been concerned over the slow pace of progress in
the establishment of the International Tribunal.
Notwithstanding the technical, logistical and other
problems, I have asked the Chief Prosecutor, Mr. Goldstone,
to do his best to accelerate the work on the International
Tribunal. He shall be reaching Rwanda on 30 August and will
report to me on the outcome of his visit to the region.

I should also like to take this opportunity to express my
appreciation for the efforts of many Member States who have
intervened with the Governments of the region to support
these efforts and have made financial and other
contributions.

I should be grateful if you could bring this letter to the
attention of the members of the Council.

(Signed) Boutros BOUTROS-GHALI

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Correction: In the announcement sent out on August 21 of the
report "The Reality of Aid 1995," the fax number for the
distributor Island Press was given incorrectly.  The correct fax number
is 707-983-6414.

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This material is being reposted for wider distribution
by the Africa Policy Information Center (APIC). APIC's
primary objective is to widen the policy debate in the
United States around African issues and the U.S. role
in Africa, by concentrating on providing accessible
policy-relevant information and analysis usable by a
wide range of groups and individuals.  APIC is
affiliated with the Washington Office on Africa (WOA),
a not-for-profit church, trade union and civil rights
group supported organization that works with Congress
on Africa-related legislation.

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