Situation of Human Rights in Rwanda, G.A. res. 50/200, U.N. Doc. A/RES/50/200 (1995)



                          
 
      The General Assembly,
 
      Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights, the International Covenants on Human Rights, the Convention
on the Prevention and the Punishment of the Crime of Genocide and other
applicable human rights and humanitarian law standards,
 
      Recalling its resolution 49/206 of 23 December 1994, and taking note of
Commission on Human Rights resolution 1995/91 of 8 March 1995, in which the
Commission renewed the mandate of the Special Rapporteur to investigate the
human rights situation in Rwanda,
 
      Welcoming the commitments of the Government of Rwanda to protect and
promote respect for human rights and fundamental freedoms and to eliminate
impunity, recalling the efforts to restore the rule of law and reconstruct the
civil administration and the social, legal and human rights infrastructure,
and noting that these efforts are hampered by a lack of resources,
 
      Noting the concerns of the Special Rapporteur, as set out in his report
of 28 June 1995, that the human rights situation is exacerbated by the
inadequate system for the administration of justice, characterized by a
shortage of both human and material resources, and that there are threats and
violence against the physical integrity of individuals, arrest, detention and
treatment and conditions of detention, which do not conform to international
standards,
 
      Expressing its grave concern at the tragedy of Kibeho in April 1995, and
bearing in mind the conclusions of the Independent International Commission of
Inquiry in its report of 18 May 1995,
 
      Recalling the obligations of all States to punish all persons who commit
or authorize genocide or other grave violations of international humanitarian
law or those who are responsible for grave violations of human rights and,
pursuant to Security Council resolution 978 (1995) of 27 February 1995, to
exert every effort, without delay, to bring those responsible to justice in
accordance with international principles of due process, and to honour their
obligations under international law in this regard, particularly under the
Convention on the Prevention and Punishment of the Crime of Genocide,
 
      Welcoming the measures taken by the United Nations High Commissioner for
Human Rights to put in place the Human Rights Field Operation in Rwanda and to
coordinate its activities with those of the Special Representative of the
Secretary- General, the United Nations High Commissioner for Refugees, the
United Nations Development Programme, the United Nations Assistance Mission
for Rwanda, the International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens
Responsible for Genocide and Other Such Violations Committed in the Territory
of Neighbouring States, between 1 January 1994 and 31 December 1994, the
Department of Humanitarian Affairs of the Secretariat, and other United
Nations agencies and intergovernmental and non-governmental organizations, and
the International Committee of the Red Cross,
 
      Recognizing the valuable contribution that the human rights officers
deployed by the United Nations High Commissioner for Human Rights to Rwanda
have made towards the improvement of the overall situation,
 
      Deeply concerned by the reports of the Special Rapporteur and the United
Nations High Commissioner for Human Rights, according to which genocide and
systematic, widespread and flagrant violations of international humanitarian
law, including crimes against humanity and grave violations and abuses of
human rights, were committed in Rwanda,
 
      Welcoming the policy of the Government of Rwanda to facilitate the
process of voluntary and safe return, resettlement and reintegration of
refugees, as reaffirmed in the Cairo Declaration on the Great Lakes Region of
29 November 1995,
 
      Noting the United Nations support for all efforts to reduce tension and
restore stability in the Great Lakes region, and supporting initiatives of the
Secretary-General in this regard, particularly in implementing the Cairo
Declaration on the Great Lakes Region and continuing consultations with the
aim of convening a conference on security, stability and development in the
Great Lakes region, as appropriate,
 
      Recalling Security Council resolution 1029 (1995) of 12 December 1995,
in which the Council renewed the mandate of the United Nations Assistance
Mission for Rwanda to exercise its good offices to assist in achieving the
voluntary and safe repatriation of Rwandan refugees within the frame of
reference of the recommendations of the Bujumbura Conference and the Cairo
Summit of the heads of State of the Great Lakes region, and in promoting
genuine national reconciliation, to assist the Office of the United Nations
High Commissioner for Refugees and other international agencies in the
provision of logistical support for the repatriation of refugees, to
contribute, with the agreement of the Government of Rwanda, to the protection
of the International Tribunal for Rwanda as an interim measure until
alternative arrangements agreed with the Government of Rwanda can be put in
place,
 
      Acknowledging the responsibility of the Government of Rwanda for the
safety and security of all personnel attached to the United Nations Assistance
Mission for Rwanda, United Nations agencies and humanitarian organizations and
other international staff operating in the country,
 
      Recognizing the important role played by non-governmental organizations
in providing humanitarian assistance and contributing to the reconstruction
and rehabilitation of Rwanda,
 
      Recognizing also that effective action must be taken to ensure that the
perpetrators of genocide and crimes against humanity are promptly brought to
justice, 
 
      Recognizing further that effective action to prevent further violations
of human rights and fundamental freedoms must be a central and integral
element of the overall Rwandan and United Nations responses to the situation
in Rwanda and that a strong human rights component is indispensable to the
political peace process and the post-conflict reconstruction of Rwanda,
 
      1.    Welcomes the report of the United Nations High Commissioner for
Human Rights on the Human Rights Field Operation in Rwanda, and takes note of
the reports of the Special Rapporteur of the Commission on Human Rights on
violations committed during the tragedy in Rwanda and on the current situation
of human rights in Rwanda;
 
      2.    Condemns in the strongest terms the acts of genocide, violations
of international humanitarian law and all violations and abuses of human
rights that occurred during the tragedy in Rwanda, especially following the
events of 6 April 1994, which resulted in a massive loss of human life, up to
one million people;
 
      3.    Expresses its deep concern at the intense suffering of the victims
of genocide and crimes against humanity, recognizes the ongoing suffering of
their survivors, particularly the extremely high number of traumatized
children and women victims of rape and sexual violence, and urges the
international community to provide adequate assistance to them;
 
      4.    Condemns the killing of personnel attached to the United Nations
Assistance Mission for Rwanda, United Nations agencies and humanitarian
organizations operating in the country, including Rwandan personnel working
with them;
 
      5.    Calls upon the Government of Rwanda to take all necessary measures
to ensure the safety and security of all personnel attached to the United
Nations Assistance Mission for Rwanda, United Nations agencies and
humanitarian organizations and other international staff operating in the
country; 
 
      6.    Reaffirms that all persons who commit or authorize genocide or
other grave violations of international humanitarian law or those who are
responsible for grave violations of human rights are individually responsible
and accountable for those violations;
 
      7.    Urges all States, pursuant to Security Council resolution 978
(1995), to exert, without delay, every effort, including arrest and detention,
in order to bring those responsible to justice in accordance with
international principles of due process, and also urges States to honour their
obligations under international law in this regard, particularly under the
Convention on the Prevention and Punishment of the Crime of Genocide;
 
      8.    Recognizes that effective action must be taken by all States
concerned to ensure that the perpetrators of genocide and crimes against
humanity are promptly brought to justice, and urges all States concerned to
cooperate fully with the International Criminal Tribunal for the Prosecution
of Persons Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of Rwanda and
Rwandan Citizens Responsible for Genocide and Other Such Violations Committed
in the Territory of Neighbouring States, between 1 January 1994 and 31
December 1994, taking into account the obligations contained in Security
Council resolutions 955 (1994) of 8 November 1994 and 978 (1995), and to
intensify efforts for the effective functioning of the Tribunal without delay;
 
      9.    Commends the efforts of the United Nations High Commissioner for
Human Rights, working in cooperation with and assisting the Government of
Rwanda, to ensure that human rights monitoring, a comprehensive programme of
human rights assistance and confidence-building measures form integral parts
of Rwandan and United Nations efforts aimed at conflict prevention and
peace-building in Rwanda, drawing as appropriate on the expertise and
capacities of all parts of the United Nations system, thus contributing to the
promotion and protection of human rights in Rwanda;
 
      10.   Encourages the Government of Rwanda, in a spirit of national
reconciliation, to intensify efforts to protect and promote respect for human
rights and fundamental freedoms and to create an environment conducive to the
realization of civil, political, economic, social and cultural rights and the
voluntary and safe return of refugees to their homes;
 
      11.   Takes note with concern of the findings of the Special Rapporteur
as set out in his report of 28 June 1995, and of the Human Rights Field
Operation in Rwanda, that the human rights situation is exacerbated by the
inadequate system for the administration of justice, characterized by a
shortage of both human and material resources;
 
      12.   Notes with concern the arrest, detention and treatment and
conditions of detention that do not conform to international standards, as set
out in the report of the Special Rapporteur;
 
      13.   Also notes with concern that a situation still exists, evidenced
by reports of threats and violence against the physical integrity of
individuals, which is sometimes exacerbated by incursions;
 
      14.   Urges Governments in the region to take measures to prevent their
territory from being used to pursue a strategy of destabilization of Rwanda,
and, in this regard, urges all States concerned to cooperate fully with the
International Commission of Inquiry on arms flows in the Great Lakes region,
established in pursuance of Security Council resolution 1013 (1995) of 7
September 1995;
 
      15.   Condemns the mass killings of civilians at Kibeho in April 1995,
takes note of the conclusions of the Independent International Commission of
Inquiry in its report, and expresses its grave concern at the events in Kanama
in September 1995;
 
      16.   Welcomes the efforts of the Government of Rwanda to reconstruct
the civil administration and the social, legal, economic and human rights
infrastructure of Rwanda, encourages the Government to intensify its efforts,
with the assistance of the international community, the Human Rights Field
Operation in Rwanda and other United Nations bodies, to expedite the
processing of cases, to ensure conditions and treatment in detention in
conformity with international standards, and to train civilian police in the
legal procedures governing arrest and detention, and notes that efforts in
this regard are hampered by a lack of human and financial resources;
 
      17.   Invites Member States, the organizations and bodies of the United
Nations system and intergovernmental and non-governmental organizations to
continue and intensify their efforts to contribute financial and technical
support to the efforts of the Government of Rwanda to reconstruct the civil
administration and the social, legal, economic and human rights infrastructure
of Rwanda, particularly in the areas of the administration of justice, and
welcomes the contributions made, including those at the Round Table Conference
at Geneva and its mid-term review, and urges States and donor agencies to
fulfil their earlier commitments;
 
      18.   Condemns all violence and intimidation against persons in the
refugee camps in neighbouring countries, calls upon the appropriate
authorities to ensure security in such camps, and welcomes the commitments
undertaken by the Governments in the region in the Cairo Declaration on the
Great Lakes Region;
 
      19.   Welcomes the joint efforts of the Government of Rwanda,
neighbouring countries and the United Nations High Commissioner for Refugees
to assist the voluntary and safe return of refugees through, inter alia, the
work of the Tripartite Commission and the agreements reached at Nairobi in
January 1995, Bujumbura in February 1995 and Cairo in November 1995, and
welcomes also the efforts of the United Nations High Commissioner for
Refugees, the United Nations High Commissioner for Human Rights, the United
Nations Assistance Mission for Rwanda and the United Nations Development
Programme to coordinate their efforts to ensure protection of the human rights
of refugees during their return, resettlement and reintegration;
 
      20.   Also welcomes the measures taken by the United Nations High
Commissioner for Human Rights, working in cooperation with and assisting the
Government of Rwanda, to put in place the Human Rights Field Operation in
Rwanda, which has as its objective:
 
      (a)   The investigation of violations of human rights and humanitarian
law, including acts of genocide and crimes against humanity;
 
      (b)   The monitoring of the human rights situation and the prevention of
future violations;
 
      (c)   Cooperation with other international agencies in re-establishing
confidence and thus facilitating the voluntary return and resettlement of
refugees and displaced persons;
 
      (d)   The rebuilding of civil society, through programmes of human
rights education and technical cooperation, particularly in the areas of the
administration of justice and conditions of arrest, detention and treatment in
detention, and through programmes of cooperation with Rwandan human rights
organizations; and requests the High Commissioner to report regularly on
all of these activities of the Field Operation and to cooperate and
share information with the Special Rapporteur in order to assist him in
fulfilling his mandate;
 
      21.   Further welcomes the cooperation the Government of Rwanda has
extended to the United Nations High Commissioner for Human Rights, the Human
Rights Field Operation in Rwanda and the Special Rapporteur and the acceptance
by the Government of Rwanda of the deployment of human rights field officers
throughout the country;
 
      22.   Requests the Secretary-General to take appropriate steps to ensure
adequate financial and human resources and logistical support for the Human
Rights Field Operation in Rwanda, taking into account the need to deploy a
sufficient number of human rights field officers and the need for programmes
of technical assistance and advisory services for the Government of Rwanda and
Rwandan human rights organizations, especially in the field of the
administration of justice;
 
      23.   Requests the United Nations High Commissioner for Human Rights to
report on the activities of the Human Rights Field Operation in Rwanda to the
Commission on Human Rights at its fifty-second session and to the General
Assembly at its fifty-first session.
      

 

 



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