Adopted by the Security Council at its 3574th meeting, on 7
September 1995
The Security Council,
Recalling all its previous resolutions on the situation in
Rwanda, in particular its resolutions 918 (1994) of 17 May 1994,
997 (1995) of 9 June 1995 and 1011 (1995) of 16 August 1995,
Having considered the letter of the Secretary-General to
the President of the Security Council dated 25 August 1995 (S/1995/761)
on the establishment of a commission of inquiry,
Having also considered the note verbale of 10 August 1995
from the Government of Zaire to the President of the Security
Council (S/1995/683) and welcoming the proposal of the Government
of Zaire contained therein for the establishment under the auspices
of the United Nations of an international commission of inquiry
and its offer to assist such a Commission,
Recognizing that destabilizing influences in the Great
Lakes region, including the illegal acquisition of arms, can be
prevented by the cooperative efforts of all Governments concerned,
Expressing once again its grave concern at allegations
of the sale and supply of arms and related materiel to former
Rwandan government forces in violation of the embargo imposed
under its resolutions 918 (1994), 997 (1995) and 1011 (1995),
and underlining the need for Governments to take action to ensure
the effective implementation of the embargo,
Underlining the importance of regular consultations between
the Commission of Inquiry and the countries concerned, as appropriate,
in view of the necessity to respect the sovereignty of States
in the region,
1. Requests the Secretary-General to establish, as a matter
of urgency, an International Commission of Inquiry, with the following
mandate:
(a) To collect information and investigate reports relating to the sale or supply of arms and related materiel to former Rwandan government forces in the Great Lakes region in violation of Council resolutions 918 (1994), 997 (1995) and 1011 (1995);
(b) To investigate allegations that such forces are receiving military training in order to destabilize Rwanda;
(c) To identify parties aiding and abetting the illegal acquisition of arms by former Rwandan government forces, contrary to the Council resolutions referred to above; and
(d) To recommend measures to end the illegal flow of arms in the subregion in violation of the Council resolutions referred to above;
2. Recommends that the Commission to be appointed by
the SecretaryGeneral be composed of five to ten impartial and
internationally respected persons, including legal, military and
police experts, under the Chairmanship of an eminent person, and
assisted by the appropriate support staff;
3. Calls upon States, relevant United Nations bodies, including
the Committee established by resolution 918 (1994), and as appropriate,
international humanitarian organizations, and non-governmental
organizations, to collate information in their possession relating
to the mandate of the Commission, and requests them to make this
information available as soon as possible;
4. Requests the Secretary-General to report to the Council
on the establishment of the Commission, and further requests him
to submit, within three months from its establishment, an interim
report on the conclusions of the Commission and, as soon as possible
thereafter, to submit a final report, containing its recommendations;
5. Calls upon the Governments of the States concerned in
which the Commission will carry out its mandate to cooperate fully
with the Commission in the fulfilment of its mandate, including
responding positively to requests from the Commission for security,
assistance, and access in pursuing investigations, including:
(a) Adoption by them of any measures needed for the Commission and its personnel to carry out their functions throughout their respective territories with full freedom, independence, and security;
(b) Provision by them of all information in their possession which the Commission requests, or is otherwise needed to fulfil its mandate, and free access for the Commission and its staff to any relevant archives;
(c) Freedom of access at any time, for the Commission and its staff to any establishment or place as they deem necessary for their work, including border points, airfields, and refugee camps;
(d) Appropriate measures to guarantee the safety and security of the members of the Commission and guarantees from the Governments of full respect for the integrity, security and freedom of witnesses, experts and any other persons working with the Commission in the fulfilment of its mandate;
(e) Freedom of movement for members of the Commission, including freedom to interview any person in private, at any time, as appropriate;
(f) The grant of relevant privileges and immunities in accordance with the General Convention on the Privileges and Immunities of the United Nations;
6. Recommends that the Commission begin its work as
soon as possible and to this end requests the Secretary-General
to pursue his consultations with the countries of the region;
7. Calls upon all States to cooperate with the Commission
in facilitating its investigations;
8. Encourages States to make voluntary contributions to
the SecretaryGeneral's United Nations Trust Fund for Rwanda as
a supplement to financing the work of the Commission as an expense
of the organization, and to contribute through the Secretary-General
equipment and services to the Commission;
9. Decides to remain seized of the matter.