Situation of human rights in Rwanda, G.A. res. 51/114, 51 U.N. GAOR Supp. (No. 49) at 263, U.N. Doc. A/51/49 (Vol. I) (1996).


 
      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 Punishment of the Crime of Genocide and other applicable
standards of human rights and humanitarian law,
 
      Recalling its resolutions 50/57 of 12 December 1995 and 50/200 of 22
December 1995, and taking note of Security Council resolutions 1050 (1996) of
8 March 1996, 1078 (1996) of 9 November 1996 and 1080 (1996) of 15 November
1996, and of Commission on Human Rights resolution 1996/76 of 23 April 1996,
 
      Deeply concerned by the reports of the Special Rapporteur of the
Commission on Human Rights and of the Human Rights Field Operation in Rwanda
that genocide and systematic and widespread violations of international
humanitarian law, including crimes against humanity and grave violations and
abuses of human rights, were committed in Rwanda,
 
      Recognizing that effective action must be taken to ensure that the
perpetrators of genocide and crimes against humanity are promptly brought to
justice, and noting in this regard that legislation to govern the prosecution
of those accused of genocide or crimes against humanity entered into force on
1 September 1996,
 
      Noting with concern the implications of the current humanitarian crisis
in the region,
 
      Welcoming the fact that considerable numbers of refugees have recently
returned to Rwanda, and affirming the readiness of the international community
to assist the Government of Rwanda in reintegrating these returnees,
 
      Recognizing 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 strengthened human rights component is indispensable to the peace
process and post-conflict reconstruction of Rwanda,
 
      Welcoming contributions made by Member States and the European Union to
the costs of the Human Rights Field Operation in Rwanda,
 
      Welcoming also the commitment of the Government of Rwanda to protect and
promote respect for human rights and fundamental freedoms, to eliminate
impunity and to facilitate the process of the voluntary and safe return,
resettlement and reintegration of refugees, as reaffirmed in the agreements
reached at Nairobi, Bujumbura and Cairo in 1995 and at Tunis and Arusha in
1996, and urging Governments in the region to work, in cooperation with the
international community, to find durable solutions to the refugee crisis,
 
      Stressing its concern that the United Nations should continue to play an
active role in assisting the Government of Rwanda in facilitating the
voluntary and orderly return of refugees and the reintegration of returnees,
in promoting reconciliation, in consolidating a climate of confidence and
stability, and in promoting the rehabilitation and reconstruction of Rwanda,
 
      Reaffirming the link between the voluntary return of refugees to their
homes and the normalization of the situation in Rwanda, and concerned that
acts of intimidation and violence directed against refugees, particularly by
the former Rwandan authorities, have prevented refugees from returning to
their homes,
 
      Noting the United Nations support for all efforts to reduce tension and
restore stability in the Great Lakes region, including initiatives of the
Organization of African Unity, States in the region and international
organizations, and reiterating the urgent need for an international conference
on peace, security and development in the Great Lakes region, under the
auspices of the United Nations and the Organization of African Unity, to
address the problems of the region in a comprehensive manner,
 
      1.    Welcomes the report of the United Nations High Commissioner for
Human Rights on the Human Rights Field Operation in Rwanda and the report of
the Special Rapporteur of the Commission on Human Rights;
 
                                         I
 
      2.    Condemns in the strongest terms the acts of genocide, violations
of international humanitarian law and all violations and abuses of human
rights that have taken place in Rwanda, as well as cross-border violence in
the region;
 
      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 and to note the
priorities identified by the Government of Rwanda in this area;
 
      4.    Reaffirms that all persons who committed or authorized acts of
genocide or other grave violations of international humanitarian law and those
who are responsible for grave violations of human rights are individually
responsible and accountable for those violations, and that the international
community must exert every effort, in cooperation with national and
international tribunals, to bring those responsible to justice, in accordance
with international principles of due process;
 
      5.    Urges all States to cooperate fully, without delay, 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 and 31 December 1994, taking into account the
obligations contained in Security Council resolutions 955 (1994) of 8 November
1994 and 978 (1995) of 27 February 1995, and encourages the Secretary-General
to facilitate the activities of the Tribunal to the greatest extent possible;
 
                                        II
 
      6.    Encourages the further efforts of the Government of Rwanda to
reconstruct the civil administration and the social, legal, economic and human
rights infrastructure of Rwanda, and in this regard welcomes the commitments
made by the Government of Rwanda to restore the rule of law and protect and
promote respect for human rights and fundamental freedoms;
 
      7.    Invites all States, the organizations and bodies of the United
Nations system and intergovernmental and non-governmental organizations to
continue and to intensify their contributions of financial and technical
support to accelerate the efforts of the Government of Rwanda to, inter alia,
restore the judicial system, promote reconciliation through the recently
established Commission for National Reconciliation and safely reintegrate
returning refugees in conditions of safety and dignity, including addressing
competing claims to housing and property;
 
      8.    Notes with concern the human rights situation in Rwanda as
described in the report of the Special Rapporteur, and urges the Government of
Rwanda to take all necessary measures in response to the recommendations
therein; 
 
      9.    Expresses grave concern at reports from the Human Rights Field
Operation in Rwanda of killings of civilians during attacks on survivors and
witnesses of genocide, apparently by militias and insurgents opposed to the
Government of Rwanda, and at the reports of the Field Operation which state
that civilians have been killed during military search operations by the
Rwandese Patriotic Army;
 
      10.   Encourages the Government of Rwanda to continue in its efforts to
further strengthen the judicial system, including its independence, and urges
in particular that the processing of the cases of those in detention be
brought to a conclusion expeditiously;
 
      11.   Notes with deep concern the reports of the Human Rights Field
Operation in Rwanda which state that government officials without legal
authority to arrest or imprison continue to do so in several parts of the
country, that detainees are held for very long periods before trial and that
acute overcrowding threatens the safety of those in detention;
 
      12.   Invites the Government of Rwanda to continue efforts to involve,
without any discrimination, all citizens not responsible for genocide or other
grave violations of international humanitarian law in its administrative,
judicial, political and security structures;
 
      13.   Emphasizes the importance it attaches to the safety and security
of all people in Rwanda, including United Nations personnel and other
international staff serving in the country;
 
      14.   Welcomes the efforts of the Government of Rwanda, neighbouring
countries, the Office of the United Nations High Commissioner for Refugees and
the international community to resolve the ongoing humanitarian crisis, and
calls upon all parties to take all appropriate measures to ensure the return,
resettlement and reintegration of former refugees in conditions of safety and
dignity; 
 
      15.   Commends and encourages the efforts of the United Nations High
Commissioner for Human Rights and the United Nations High Commissioner for
Refugees as well as the United Nations Development Programme and other United
Nations offices and organizations to coordinate their efforts to ensure
respect for and protection of the human rights of refugees during their
return, resettlement and reintegration;
 
                                        III
 
      16.   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, the objectives of which were described in resolution 50/200, and
requests the High Commissioner to continue to report regularly on the
activities of the Field Operation and to continue to cooperate and share
information with the Special Rapporteur, in order to assist him in fulfilling
his mandate;
 
      17.   Welcomes also the cooperation the Government of Rwanda has
extended to the United Nations High Commissioner for Human Rights, the Special
Rapporteur and the Human Rights Field Operation in Rwanda and the acceptance
by the Government of Rwanda of the deployment of human rights field officers
throughout the country and, with a view to further strengthening a climate of
mutual confidence and enabling authorities in Rwanda to take immediate action
on the findings of the Field Operation, encourages dialogue on human rights
issues between the Field Operation and the appropriate authorities at the
level of commune, prefecture, and relevant government ministries;
 
      18.   Commends the contribution of human rights officers and the United
Nations High Commissioner for Human Rights to the promotion and protection of
human rights in Rwanda, recognizes that a strong human rights component is an
integral and indispensable element of the United Nations response to the
situation in Rwanda, and encourages all agencies and organizations of the
United Nations system active in Rwanda to coordinate closely with the Field
Operation;
 
      19.   Recognizes the importance of the Human Rights Field Operation in
Rwanda in contributing to reconciliation and the establishment of confidence
in the country, recommends the strengthening of its presence throughout Rwanda
as well as the allocation of sufficient funds and logistical support for that
purpose, taking into account the need to train local human rights observers
and deploy a sufficient number of human rights field officers, recognizes also
the need for programmes of technical assistance and advisory services for and
in consultation with the Government of Rwanda and for Rwandan human rights
organizations, and notes in particular the importance of strengthening the
institutional capacity of the Rwandan judiciary and the urgent need for
adequate resources in this area;
 
      20.   Calls upon all States to respond to the appeal of the United
Nations High Commissioner for Human Rights and contribute urgently to the
costs of the Human Rights Field Operation in Rwanda and to work for lasting
solutions to its financing problems, including through the regular budget of
the United Nations;
 
      21.   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-third session and to the General
Assembly at its fifty-second session.
      
v

 

 



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