United Nations

A/50/743


General Assembly

Distr. GENERAL  

13 November 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda items 20 (b) and 112 (e)


         STRENGTHENING OF THE COORDINATION OF HUMANITARIAN AND DISASTER
         RELIEF ASSISTANCE OF THE UNITED NATIONS, INCLUDING SPECIAL
         ECONOMIC ASSISTANCE:  SPECIAL ECONOMIC ASSISTANCE TO INDIVIDUAL
COUNTRIES OR REGIONS

HUMAN RIGHTS QUESTIONS:  REPORT OF THE UNITED NATIONS HIGH
COMMISSIONER FOR HUMAN RIGHTS

Human Rights Field Operation in Rwanda

Note by the Secretary-General


  The Secretary-General has the honour to  transmit to the General  Assembly
the report of the  United Nations High Commissioner  for Human Rights on the
Human Rights Field Operation in Rwanda.





















95-35247 (E)   241195/...
*9535247*
ANNEX

I.  INTRODUCTION

1.  The  present report describes  the principal  elements and  role of  the
Human Rights Field Operation  in Rwanda in responding to the serious  crisis
in that country.   In general, the Operation serves Rwanda by charting  with
its Government  the long and difficult  path to  national reconciliation and
by ensuring  that human  rights are  fully respected  at all stages  of that
process.

2.    The  Operation,  as  the  key  response  of the  United  Nations  High
Commissioner for  Human Rights to the  catastrophe that  occurred in Rwanda,
has to be  understood against this  background.   From April  to July  1994,
Rwanda suffered  the slaughter of between  500,000 and  one million persons.
The  main victims  of  this extensive  carnage  were  members  of the  Tutsi
minority  and  moderate  Hutus. The  massive  human  rights violations  were
perpetrated in a pre-planned,  organized and systematic  manner by extremist
Hutu militia throughout  the country, and started within hours of the attack
on the  presidential aircraft on  6 April, which  took the  lives of Juvenal
Habyarimana,  President  of the  Rwandese  Republic  and  Cyprien  Ntyamira,
President of the Republic  of Burundi.  The mass killings were condemned  by
all  the principal  organs of  the United  Nations, first  and foremost  the
Security Council.   The massacres were  later qualified by the Commission of
Experts  on Rwanda 1/  in very  clear and unambiguous  terms as constituting
"genocide" within the meaning of the  1948 Convention on the  Prevention and
Punishment of the Crime of Genocide.

3.   The ensuing  civil war and atrocities  perpetrated against the civilian
population  exacerbated  the  trauma,  which was  worsened  further  by  the
extensive destruction of  the country's infrastructure.   The new Government
that took power  in Rwanda in mid-July 1994  was able to  halt the genocide.
It was  then  faced  with  the immense  task  of  restoring law  and  order,
fostering  national  reconciliation and  reconstructing public  and economic
institutions.

4.   The United Nations, including  the High Commissioner  for Human Rights,
committed to assist in this endeavour, took a  multifaceted approach to this
complex  set  of  problems.     It  is  the  deep  conviction  of  the  High
Commissioner that  a climate  of confidence  and long-lasting  peace can  be
built only  upon the foundations  of full respect  for human  rights and the
rule of law.   In order  to achieve this,  Rwanda must be  supported by  the
sustained efforts of  the international community acting through the  United
Nations.  As this process involves the healing  of deep wounds inflicted  by
the genocide that left  no part of Rwanda untouched, a long-term  engagement
is required.  Moreover,  the system of justice has to be reconstructed  from
its very foundations so as to ensure that  in future justice is administered
fairly  and impartially.    The  return  of  refugees  to Rwanda  and  their
resettlement, together  with that  of internally  displaced persons,  within
the country constitute another major problem to be resolved.


          II.  RESPONSE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN
              RIGHTS TO THE CRISIS IN RWANDA

5.   The High Commissioner for  Human Rights, who had assumed  office only a
day before  the outbreak  of hostilities in  Rwanda, introduced a  number of
timely initiatives to address  the crisis.  He acted immediately to spur  an
urgent response from a wide range  of United Nations agencies and mechanisms
of  the Commission on Human Rights, the Organization  of African Unity (OAU)
and the non-governmental organization  community.  On 4 May 1994, he  called
for the convening of an emergency session of  the Commission on Human Rights
to address the human rights situation in Rwanda.

6.   After having visited  Rwanda in May  1994, the  High Commissioner urged
that a special rapporteur  on Rwanda be  appointed to examine all the  human
rights aspects of  the situation, including root causes and responsibilities
for  the  atrocities.  2/   The  High Commissioner  also  proposed that  the

Special Rapporteur  should be supported by  a field  operation, staffed with
specialists  to investigate  past human  rights  abuses  and to  monitor the
ongoing situation, to deter human rights  violations and to promote national
reconciliation.   These proposals  were endorsed  by the  Commission and the
Economic and Social Council.

7.  On 1 July, in its resolution 935 (1994),  the Security Council requested
the  Secretary-General to  establish  urgently an  impartial  commission  of
experts to  examine and  analyse information  concerning responsibility  for
serious violations  of international humanitarian  law committed in  Rwanda,
including genocide.  In  his report to the Security Council of 26 July 1994,
3/  the Secretary-General stated  that the  Commission of  Experts on Rwanda
would  be based in  Geneva and would benefit from  the resources of the High
Commissioner  for  Human  Rights and,  in  particular,  those  already  made
available to  the Special Rapporteur  of the Commission  on Human Rights  in
Geneva and in the field.

8.  Another major  development was the exodus  of millions of  refugees into
neighbouring countries.   This  generated an  immediate need  to assist  the
newly established Government  of Rwanda in creating the necessary conditions
of  law and  order within  a climate  of  confidence  to encourage  an early
return of  refugees and internally displaced persons.  It was generally felt
by  members  of  the  international  community  that  a  human  rights field
operation, one  much larger  than that  conceived  for the  purposes of  the
Special Rapporteur and the  Commission of Experts, should be put in place to
facilitate repatriation  and resettlement.  In  the absence  of funding from
the  regular budget  for an operation  of this scale,  the High Commissioner
found it necessary  to launch an appeal at the beginning of  August 1994 for
voluntary  contributions to  support this  broad-based field  operation.  In
August,  he  visited  Rwanda  again  and   obtained  the  agreement  of  the
Government for the operation.   Thus, the foundation  was laid for the Human
Rights Field Operation in Rwanda.

9.  In the  Agreement between the United Nations High Commissioner for Human
Rights and the  Government of Rwanda,  the Objectives  and functions of  the
operation are  defined as  follows:   (a) carrying  out investigations  into
violations of human rights and humanitarian  law, including possible acts of
genocide; (b) monitoring the ongoing human  rights situation and helping  to
prevent violations through the presence of  human rights field officers; (c)
cooperating  with other  international agencies  to  re-establish confidence
and to  facilitate the return of  refugees and  internally displaced persons
and the  rebuilding of  civil society;  and (d)  implementing programmes  of
technical cooperation  in the field  of human rights,  in particular in  the
area of  the administration of justice, to help Rwanda rebuild its shattered
judiciary  and to provide  human rights  education to all  levels of Rwandan
society.


      III.  OVERVIEW OF THE FUNCTIONS OF THE HUMAN RIGHTS FIELD OPERATION
            IN RWANDA:  THREE PRINCIPAL ELEMENTS

10.   The  mandate of  the Human  Rights Field Operation  in Rwanda  takes a
three-pronged  approach  to confidence-building  with  a  view  to  eventual
national reconciliation.   Firstly, the Operation has carried out  extensive
investigations of genocide and other serious  violations of human rights and
humanitarian law  that  took  place  during the  April  to July  1994  armed
conflict in  Rwanda. Secondly, it  has established  a comprehensive presence
of human rights field  officers through the country  to monitor the  ongoing
human  rights situation.  Thirdly, it  has further  initiated a  broad-based
programme of  promotional activities in the  field of  human rights, ranging
from projects for the rebuilding of  the Rwandan administration of  justice,
to human  rights education at different  levels.  Thus  far, some 120  human
rights field officers  have been deployed.   These have included  experts on
investigations,  such as  prosecutors,  criminal investigators  and forensic
experts,  as well  as specialists  for  human  rights advisory  services and
education.   These elements of the  Human Rights Field Operation in Rwanda's

activities are described in more detail below.


A.  Investigating the genocide

11.   From  the start  of  the Operation,  it had  been recognized  that the
genocide investigation  would  have to  be  carried  out in  a  professional
manner and with  the requisite  level of  expertise.   Moreover, the  utmost
care was taken to ensure that the integrity and  confidentiality of evidence
were  continuously maintained.  In this  regard, the High  Commissioner took
full account  of the  experience gained from  the work of  the International
Tribunal for  the Former  Yugoslavia, which  had also  been preceded by  the
creation of a commission of experts.

12.   While the  desirability and  feasibility of  creating an international
criminal  court for Rwanda  was in the process  of being considered, special
care  was taken to ensure  that valuable evidence  would not  be lost in the
interim.   To  that end,  a  special investigation  unit was  established to
gather evidence that  might otherwise  have been  lost or  destroyed, to  be
turned  over to the Prosecutor  if and when an  international criminal court
was brought  into  existence.   This  approach  proved propitious  when  the
Security  Council  took  the  decision on  8  November  1994 to  create  the
International Tribunal for Rwanda (resolution 955  (1994)).  It took several
more  months before  the Tribunal  could  become  operational and  the Human
Rights   Field   Operation   in  Rwanda   continued   its   genocide-related
investigations  until   the  Deputy  Prosecutor's   Office,  with  its   own
investigations unit,  was established in Kigali.   Thereafter, the  emphasis
of  the   Operation's  investigative  work   shifted  to  coordinating   the
activities of the field teams with the work of the International Tribunal.
  13.   While  this work  did  not  involve  investigations for  the  direct
purpose  of prosecutions, it nevertheless required the  highest standards of
confidentiality   and  integrity  of   evidence-gathering,  because  of  its
potential probative value before  a court of law.   A number  of Governments
responded  positively  to   the  High  Commissioner's  request  to   provide
specialized personnel, such  as prosecutors, criminal investigators,  police
and forensic experts, thereby enabling the  Human Rights Field Operation  in
Rwanda to  collect pertinent  evidence.  Teams  of experts  provided by  the
Netherlands,  Norway, Spain,  Switzerland and  the United  States of America
undertook  special  investigations  into  acts  of  genocide,  including   a
comprehensive survey by forensic experts of  massacre and mass grave  sites,
interviews  of surviving  victims  and  witnesses, and  the  collection  and
preservation of documentary and other tangible evidence.  A  number of human
rights field officers  were assigned to provide  assistance in this work  at
many stages  of the investigative process, working under the guidance of the
expert  investigators.    The Operation  has  also  benefited  from  outside
support that has been contributed to  the investigation on an ongoing basis,
in particular by the United Nations Assistance Mission for Rwanda (UNAMIR).

14.    All  information  gathered  was   regularly  forwarded  to  the  High
Commissioner for Human  Rights, who then channelled  it to the Commission of
Experts, the  Special Rapporteur and  the International Tribunal for Rwanda.
The information placed before the Special  Rapporteur and the Commission  of
Experts during 1994 was forwarded to  the International Tribunal for  Rwanda
in January 1995.  Information and evidentiary materials that were  collected
subsequently  were  again  made  available to  the  Special  Rapporteur  and
personally handed over by  the High Commissioner to the Deputy Prosecutor of
the International Tribunal on 2 April 1995 in Kigali.


B.  The monitoring and confidence-building process

15.    Monitoring  and  reporting  on  the  current  human  rights situation
constitute essential elements of the Operation's  mandate.  It is  important
for  the  post-genocide rehabilitation  of  Rwanda  that the  ongoing  human
rights  situation  is  closely  observed, that  patterns  of  violations are
identified  and immediate  action taken.    The  Government of  Rwanda fully

recognizes  that respect  for human  rights  is  a prerequisite  for genuine
confidence-building  and  national  reconciliation  and  has  supported  the
Operation's efforts in this regard.

16.   Monitoring  and confidence-building  involve  the establishment  of  a
visible  presence of  human rights  field  officers  throughout Rwanda.   In
accordance with the mandate of  the Human Rights Field  Operation in Rwanda,
such  activities have been  conducted on  a continuing  basis throughout the
country at the prefectural, communal and sectoral levels.

17.   The  monitoring and  confidence-building process  involves bringing to
the attention  of various  levels of  Rwandan authorities  any human  rights
violations  observed.  The findings of the monitors serve as a basis for the
reports of  the Special  Rapporteur.  They  are also made  available by  the
High  Commissioner  for  Human Rights,  as  appropriate,  to the  Secretary-
General,  Governments, United  Nations  agencies and  intergovernmental  and
non-governmental organizations.

 Refugees and displaced persons

18.  The  Human Rights Field  Operation in  Rwanda is  playing an  important
role  in  the process  of  repatriation  and  resettlement  of refugees  and
internally  displaced persons.    In  this context,  the  Operation  closely
coordinates its  activities  with the  Office  of  the United  Nations  High
Commissioner  for Refugees (UNHCR).   A  memorandum of understanding between
UNHCR and  the Human Rights  Field Operation in  Rwanda has been  concluded,
building  on already  existing  cooperation,  which is  designed  to  reduce
duplication of efforts as  each agency seeks  to implement its mandate.   In
deploying human rights  field officers throughout the country, the Operation
has  taken  the  areas  receiving  the   largest  numbers  of  refugees  and
internally  displaced  persons  into account.    The  Operation  attempts to
ensure that  basic human  rights are not  violated at any  stage of  return,
resettlement   and  reintegration,  through  monitoring   of  conditions  at
principal  frontier   crossing  points;   processing  in  transit   centres;
treatment of  refugees while they await  transfer to  communes; treatment of
those  placed in interim  detention; and  all aspects  of reintegration into
home communes.   In this  connection, the Operation  evaluates the state  of
readiness of home  communes to determine whether they  are in a position  to
receive returnees  and assists those  communes in  the resettlement process.
Once this process has been completed,  the Operation monitors the subsequent
treatment and security of resettled returnees.

Conditions of Detention

19.  Another priority for  the Human Rights Field Operation in Rwanda is the
serious  situation in prisons  and local  detention centres.  At  the end of
October 1995,  the  total number  of detainees  exceeded  58,000.   In  many
prisons, prisoners have been forced to stand  for lack of room.   There have
been many deaths and serious illnesses because of the severe overcrowding.

20.   The  Operation makes regular visits  to prisons and  detention centres
in  order to monitor  conditions and  make proposals  for their improvement.
This work is carried out in cooperation with the  International Committee of
the Red Cross (ICRC).

21.   The overcrowding of prisons is  linked to the circumstances of  arrest
and the subsequent review of the evidence against  detainees.  Most of those
currently detained  have been arrested outside  the procedures  laid down in
Rwandan law  and there is  no dossier recording  the evidence against  them.
The  Human  Rights Field  Operation  in  Rwanda  actively  seeks to  promote
respect for legal procedures governing arrest  and detention, and urges  the
appropriate authorities to  review promptly cases  where arrests  appear not
to  be based on  strong indications of  criminal responsibility.   While the
judicial  system is not  yet functioning,  such that  criminal trials cannot
commence, progress has  been made regarding compliance with arrest procedure
and the  Government  of Rwanda  has  established  commissions de  triage  to

review cases where detainees  might be released for lack of evidence against
them.  The Operation has sought to promote the processing of  cases by these
bodies at the same time as assisting in  the rehabilitation of the  judicial
system.


            C.  Promotion of human rights and efforts to rehabilitate
               the Rwandan justice system

22.   Rwanda was  left after the genocide with few judicial officials  still
in  place  and  the  infrastructure  of  the judicial  system  substantially
destroyed.  The re-establishment  of  the  administration  of justice  is  a
requirement central to dealing with the  genocide and creating confidence in
communities where survivors and returning refugees must live together  under
the rule of law. Closely related to this is the  fostering of a strong human
rights culture at different levels of society.

23.    The Human Rights  Field Operation in Rwanda  has therefore worked  to
assist  in the  rehabilitation of  the justice  system  at the  national and
local levels. The close relationship of its field teams  with local judicial
officials  has  enabled  it  to   understand  the  current  functioning  and
limitations of the system.  It has thus  been able to assist in  channelling
material assistance made available  by UNDP and other  donors to local needs
and to  encourage the gradual resumption  of the functioning  of the Rwandan
justice system.    Three legal  experts have  worked  with  the Ministry  of
Justice and,  in cooperation with  the Ministry and  UNDP, the Human  Rights
Field  Operation  in Rwanda  developed a  plan  to deploy  50 foreign  legal
experts to assist the Government in  restarting all the essential  functions
of  the judicial system, which  presently suffers from  an acute shortage of
qualified  local personnel.   In  September,  the  Government asked  for the
temporary suspension and re-examination of the project.

24.    The  Human Rights  Field Operation  in Rwanda  has actively  promoted
respect for Rwandan law and human  rights standards through efforts  focused
on  re-establishing or  establishing the  governmental and  non-governmental
institutions necessary  for the  protection of  human rights.   Seminars  on
arrest and detention  procedures have been organized  by field teams in  the
prefectures  in  conjunction  with  UNHCR.   The  Operation  participates in
training at  the National Gendarmerie School  in Ruhengeri  and has prepared
training  seminars for the  gendarmerie and  the Rwandese  Patriotic Army on
the  role  of  the  armed  forces  and  law  enforcement  officials  in  the
protection and promotion of human rights.

25.    The Operation  has organized and  delivered a large  number of  human
rights  seminars throughout  the country.    Several  of these  have focused
specifically on the rights of women  and children; others have concerned the
roles  of government  officials  and of  journalists.    A  project for  the
creation  of centres  to provide  legal and  other  advice  to women  at the
commune  level  has  been  developed  with  local   legal  associations  and
competent ministries.   The Operation  has worked closely  with a number  of
Rwandan  non-governmental  organizations  and  has  promoted  human   rights
standards and awareness through  radio broadcasts, newsletters  and a weekly
human rights club.


         IV.  SERVICING OF THE HUMAN RIGHTS FIELD OPERATION IN RWANDA AND
             COORDINATION WITH BODIES ESTABLISHED BY THE SECURITY
             COUNCIL AND THE COMMISSION ON HUMAN RIGHTS

A.  Servicing the Special Rapporteur

26.  From the initial  phase of the Operation, special efforts were made  to
provide  the  Special  Rapporteur  with  the  assistance  required  in   the
fulfilment  of the  mandate  entrusted to  him by  the  Commission  on Human
Rights  in  its  resolution  S-3/1  of  25  May  1994.    Indeed,  the  High
Commissioner had originally proposed that  the Special Rapporteur  should be

assisted by a team  of human rights  field officers, a proposal approved  by
the  Commission on  Human  Rights.   A  first  group of  five  human  rights
officers was fielded  during the  period from June to  August 1994.  As  the
Human Rights Field Operation  in Rwanda became fully operational and as  the
amount of information gathered by field  teams increased, a coordinator  for
the  Special Rapporteur was  appointed and  selected in  conformity with the
Special Rapporteur's wishes, and his  functions form an integral part of the
Office of  the Chief  of the  Mission in  Kigali.   He ensures  that in  all
activities  of the  Operation  due regard  is accorded  to  the  mandate and
reporting  responsibilities  of the  Special  Rapporteur.   In  Geneva,  the
Special Rapporteur is assisted by two  Professional officers on a  full-time
basis.

27.   All  information collected  by the  Human  Rights  Field Operation  in
Rwanda is fully communicated  to the Special Rapporteur and copies of  those
materials, including  those transmitted  to the  International Tribunal  for
Rwanda, are retained in Geneva for  the Special Rapporteur's exclusive  use.
This  includes all substantive  reports emanating  from the  field teams and
all important abstracts of information produced in Kigali or Geneva.

28.   In accordance with  the mandate entrusted to him  by the Commission on
Human  Rights,  the  Special Rapporteur  has  undertaken  several  visits to
Rwanda  and  neighbouring States  and  has  presented  five  reports on  the
situation  of human rights  in Rwanda.  4/  As is  the general practice with
other rapporteurs,  the Special  Rapporteur has  received at  all times  the
full  assistance of the  Centre for Human Rights staff  in Geneva as well as
that of the Human  Rights Field Operation in  Rwanda in the  preparation and
conduct of and follow-up to these visits.


B.  Servicing the Commission of Experts 5/

29.  In the light of the continuing  reports of violations of  international
law, including  genocide  in Rwanda,  and  recalling  that all  persons  who
commit or authorize  the commission of  serious violations  of international
humanitarian  law are  individually  responsible for  those  violations  and
should be  brought to justice,  the Security Council  in its resolution  935
(1994)  requested, as a matter of urgency, the establishment of an impartial
commission  of  experts to  conduct  an  investigation into  such violations
committed in the territory of Rwanda and responsibility for them.

 30.   In  accordance  with the  terms  of  reference  as specified  by  the
Security  Council,  the  mandate  of  the  Commission  of Experts  comprised
reviewing and updating information available from  all sources, carrying out
its own investigations in Rwanda, determining individual responsibility  and
the applicable norms of international law  and examining the feasibility  of
bringing perpetrators to  trial, whether before  a domestic or international
tribunal.

31.   The Commission  of Experts  was based in  Geneva, in order  to benefit
from the resources of the High Commissioner and  those made available to the
Special Rapporteur  on Rwanda.  Accordingly,  support and  assistance to the
Commission was provided  by the Office  of the High  Commissioner for  Human
Rights  entrusted with  coordinating the  activities  of the  Commission  of
Experts with those  of the Special Rapporteur on  Rwanda.  As certain of the
Special Rapporteur's  responsibilities, as outlined  above, overlapped  with
the  mandate  of  the  Commission  of  Experts,  the  latter  relied on  the
secretariat of  the Centre for Human  Rights for  administrative support and
legal expertise.

32.  As is  the practice with the  Special Rapporteur, the information needs
and field activities of the Commission  of Experts were serviced extensively
by the Human Rights Field Operation in Rwanda.   Indeed, the conclusions  of
the  Commission of Experts and  the Special Rapporteur on  the character and
extent of the killings, and their  qualification as "genocide", according to
international legal norms,  were based  largely on  the factual  information

provided by the Operation.


C.  Coordination with the International Tribunal for Rwanda

33.  In  accordance with  the recommendation of  the Commission of  Experts,
the  Security Council  took a  decision on  8 November  1994 (resolution 955
(1994)), to create the International Tribunal  for Rwanda, which would  have
the  power "to  prosecute  persons  responsible for  serious  violations  of
international  humanitarian  law committed  in the  territory of  Rwanda and
Rwandan citizens responsible  for such violations committed in the territory
of  neighbouring States, between  1 January  1994 and 31  December 1994", in
accordance with the provisions of its Statute. 6/

34.  Established  under Chapter VII of the Charter of the  United Nations as
a subsidiary organ of the Security  Council, the International Tribunal  for
Rwanda  has the  authority to  dispense  justice,  with Member  States being
bound to comply with requests for judicial assistance.

35.   Subsequently,  Justice Richard  Goldstone was  appointed Prosecutor of
the  Tribunal and  an Office  of the  Deputy Prosecutor  was established  in
Kigali.

36.  Following an agreement between  the High Commissioner for  Human Rights
and  the Prosecutor, a large body of evidence  gathered since September 1994
by the Human Rights  Field Operation in Rwanda and its personnel was  placed
at the  disposal of the  Tribunal.  The  High Commissioner  for Human Rights
transmitted   all  information  that   had  been  received  by  the  Special
Rapporteur  and the Commission of  Experts to the  Tribunal in January 1995.
The  High Commissioner  personally  handed over  evidentiary  materials  and
information  collected  subsequently   to  the  Deputy  Prosecutor  of   the
International Tribunal on 2 April 1995 in Kigali.

37.  The High  Commissioner had several meetings  with the Prosecutor of the
Tribunal during  which he  placed the  services  of the  Human Rights  Field
Operation in Rwanda at  its disposal.  The  Operation continues to  maintain
ongoing contact  and coordination with the  Office of  the Deputy Prosecutor
with regard to all pertinent activities.


V.  THE FUTURE OF THE HUMAN RIGHTS FIELD OPERATION IN RWANDA

38.  The  Human Rights Field Operation in  Rwanda is the  first human rights
field operation to be  run under the authority of the High Commissioner  for
Human  Rights.     Undoubtedly,  the  Operation  faces  an  enormous   task,
comprising not  only investigation  of the  genocide and  monitoring of  the
current human rights situation, but also  assistance in fostering a  climate
of confidence so that refugees and  internally displaced persons can  resume
their normal  daily lives in Rwanda.   Given the fact  that Rwanda has  been
ravaged by the  genocide and  armed conflict in  which systematic and  gross
violations  of  international   human  rights  and  humanitarian  law   were
perpetrated, the challenges of the rehabilitation effort remain daunting.

39.    The Human Rights  Field Operation in  Rwanda has  made a  significant
contribution to human rights protection and  promotion in Rwanda through its
investigation of the 1994 genocide, monitoring  of the current human  rights
situation,   including  the   process  of   repatriation,  resettlement  and
reintegration of  refugees and internally  displaced persons  to their  home
communes, as well as efforts to rehabilitate the Rwandan justice system.

40.  From the  very beginning, the  Operation has been financed mostly  from
voluntary contributions.    As at  3  November  1995, $17,787,341  had  been
pledged and $7,276,859 received.  A  statement of pledges and  contributions
is contained in the appendix to the present report.   It is anticipated that
expenditures for  1994-1995 will  amount to $11  million.  For  1996, it  is
estimated that the Operation would need some $9 million.

41.    The  timing  and  receipt  of  voluntary  contributions  have  placed
constraints that have hampered and continue  to hamper the implementation of
the Operation.

42.   Laying the groundwork for  national reconciliation requires  sustained
efforts on the  part of  the Operation through  steady cooperation with  the
Government of Rwanda.  Working  with the local authorities  and officials of
the  Government   of  Rwanda  therefore   implies  maintenance  of   ongoing
relationships between human  rights field officers specifically assigned  to
carry out those tasks.

43.  The absence of more stable and long-term funding has made  this kind of
liaison  and  cooperation  more   difficult  to  implement.   It  has   also
complicated  efforts   at  more  effective   and  systematic  human   rights
monitoring  and reporting.  Coordination  between the  Operation  and  other
international organizations has also been made more difficult.
  44.    The  difficulties  lie  in  the inability  to  attract  and  retain
qualified personnel for positions whose  funding is on such a precarious and
unpredictable basis.

45.    There are  two  particularly  crucial phases  that  will  occupy  the
resources and  concentration of  the Operation  in the coming  months:   the
more immediate phase determined  by the major  refugee return to Rwanda,  in
particular from  Zaire, and  a medium-term  phase during  which the  Rwandan
administration of justice (in itself critical  to alleviation of the acutely
overcrowded conditions of detention) must be  rehabilitated and human rights
protection developed.

46.  As regards  the first phase, the Operation should maintain the  maximum
presence possible  on the ground  for the time  covering the  main period of
refugee return.   This  will be  a precarious  period for  the human  rights
situation and,  by extension,  for peace and  security in the  region.   The
safe and orderly return movement up to the  present point has been  assisted
by the efforts of the Operation acting in close cooperation with UNHCR.

47.  As  regards the  second phase, it  may be  possible to  scale down  the
presence  of  human rights  field  officers  once the  potentially  volatile
situation  surrounding the  major return  movement  has  subsided.   At that
stage,  the emphasis  could shift  from  monitoring human  rights conditions
surrounding the return movement (which  it is hoped will  have diminished in
scale  as   the  majority  of  refugees   are  successfully  resettled   and
reintegrated  into  their  home  communes)  towards  continuous  efforts  to
improve the administration of justice.   Those efforts, supported by ongoing
human rights monitoring, will need to be continued at least through 1996.


Notes

  1/   This body was established  by the Security  Council on 1 July 1994 to
determine individual  responsibility for  serious breaches  of human  rights
and  humanitarian law.  Following  completion of its  work and submission of
its reports to the Secretary-General, it was dissolved on 30 November 1994.

  2/  E/CN.4/S-3/3.

  3/  S/1994/879.

  4/      E/CN.4/1995/7   and    Corr.1,   E/CN.4/1995/12,   E/CN.4/1995/70,
E/CN.4/1995/71 and E/CN.4/1996/7.

  5/  The full  name of the Commission  is Commission of Experts Established
Pursuant to  Security Council Resolution 935  (1994) to  Examine and Analyse
the Grave Violations of International Humanitarian Law in Rwanda,  including
Possible Acts of Genocide.

  6/  The full name of the Tribunal  is 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  Rwanda  Citizens  Responsible   for  Genocide  and  Other  Such
Violations  Committed in  the  Territory of  Neighbouring  States  Between 1
January and 31 December 1994.
/...  A/50/743
  English
  Page

A/50/743
English
Page

APPENDIX

Statement of pledges and contributions as at 3 November 1995


                                                                           
                      
                                        Equivalent in                       
 Other services
                          Currency       United States      Payment         
    provided
Donor                     and amount        dollars        effected         
   and remarks        
General pledges and contributions

Australia$A 100 00063 500.0073 690.00

  $A 200 000146 000.00145 800.00

AustriaS 500 00045 000.0046 643.97

BelgiumBF 15 000 000465 800.00523 098.52

CanadaCAN$ 100 00068 376.0066 500.00

DenmarkUS$ 100 000100 000.00100 000.00

FinlandFmk 400  00075 600.0083 267.41Plus one  investigator for  one and one
half months

FranceFF 1 200 000233 100.00190 476.19

  40 899.80

GermanyDM 314 704201 700.00119 949.36Plus office building in Kigali
  93 126.28

  DM 500 000352 112.00  Contribution pending

IrelandLIr 50 00079 500.0079 547.71

  LIr 50 00076 923.0080 930.00

IsraelUS$ 10 00010 000.0010 000.00

Japan  US$ 500 000500 000.00500 000.00

LiechtensteinSw F 10 0008 771.938 771.93

LuxembourgLux F 550 00017 000.0016 791.67

Netherlandsf. 75 00042 600.0044 640.00Plus one prosecutor, one
  forensic expert and three

  f. 1 350 000798 800.00764 439.41criminal investigators for three months

New Zealand$NZ 50 00029 600.0029 597.74

NorwayNKr 700  000101 700.00105 616.55Plus two  procurement experts and  two
criminal investigators for three months





                                                                           
                       
                                        Equivalent in                       
 Other services
                          Currency      United States       Payment         
    provided
Donor                    and amount        dollars        effected          
   and remarks        

Spain   US$ 9 8809  880.009 880.00Plus  two forensic  experts       for  two
months and one prosecutor for one month

  US$ 208 000208 000.00For eight UNVs for six months

  US$ 150 000150 000.00  For additional UNVs

SwedenSKr 1 000 000129 500.00137 631.25

SwitzerlandSw F 100 00075 758.0075 757.58Plus one criminal
    investigator for nine
  Sw F 150 000113 636.00113 636.36  months

United Kingdom ofL 250 000383 200.00383 155.00  Plus four vehicles in
Great Britain and  Kigali
Northern IrelandL 2 000 0003 200 000.003 223 000.00

United StatesUS$ 750 000750 000.00Payment madeFor 25 UNVs for six months
of Americato UNDP 

  US$ 50  00050 000.0050  000.00Plus five criminal  investigators for  three
weeks and airlift of vehicles from Kuwait to Kigali

  US$ 1 000 0001 000 000.00  Contribution pending


European UnionECU 6  060 0007  790 884.33Contribution consists in  provision
of fully equipped officers

UNDP  US$ 250 000250 000.00For recruitment of UNVs

ACCT  US$ 180 000180 000.00159 617.65Balance contribution pending

OXFAM  L 50 00080 000.00Three vehicles provided in Kigali

IndividualsFF 1 000 + US$ 200400.00395.31

  Total17 787 341.267 276 859.69

Pledges and contributions for the technical assistance programme in Rwanda

Italy  L 2 000 000 000123 333.00123 333.00
                                                                           
                      

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