United Nations

A/50/868-S/1996/61


General Assembly
Security Council

Distr. GENERAL  

30 January 1996

ORIGINAL:
ENGLISH


GENERAL ASSEMBLY  SECURITY COUNCIL
Fiftieth session  Fifty-first year
Agenda item 20 (b)
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


Progress report of the Secretary-General on the
United Nations Assistance Mission for Rwanda


I.  INTRODUCTION

1.  The present report is submitted pursuant to  Security Council resolution
1029 (1995) of 12  December 1995, by which the Council adjusted and extended
the  mandate of the  United Nations  Assistance Mission  for Rwanda (UNAMIR)
for a final period  until 8 March 1996 and  requested me to reduce its troop
level to 1,200 and the number  of military observers, headquarters and other
military  support  staff  to 200.    The  Council  further  requested  me to
withdraw the  civilian  police component  (CIVPOL)  of  the Mission  and  to
initiate  planning for the complete  withdrawal of UNAMIR within a period of
six weeks after the expiry of the mandate.

2.   The present  progress report  describes the  action taken by  UNAMIR in
implementation  of  resolution  1029  (1995)  and   provides  an  update  on
developments in Rwanda since my report of 1  December 1995 (S/1995/1002).  A
further  report  will  be  submitted  to  the  Security  Council  before the
expiration of UNAMIR's mandate on 8 March 1996.

3.   The  present report  is also  submitted  pursuant  to General  Assembly
resolution 50/58 L of 22 December 1995, in which I  was requested to consult
with  the Government of Rwanda and with the relevant United Nations agencies
on the  nature of  a continued  United Nations  presence in  Rwanda after  8
March  1996; on  the  role such  a United  Nations  presence might  play  in
furthering   the  search   for   peace  and   stability   through   justice,
reconciliation and  the return of refugees  and in  assisting the Government
of Rwanda in its pressing task of rehabilitation
  and reconstruction,  and to report to  the General Assembly  by 1 February
1996 on the results of those consultations.


II.  POLITICAL DEVELOPMENTS

4.   Since my  last report, there  have been no  significant changes in  the
internal  situation in Rwanda.   There are increasing signs  of normalcy and
stability, with a marked diminution of  overt violence.  Rwanda's  relations
with its neighbours, especially the United  Republic of Tanzania and  Zaire,
have also  improved.   President Bizimungu  visited the  United Republic  of
Tanzania  on  14  December  and  held  discussions  with  the  newly elected
President,  Mr. Benjamin Mkapa.   A  tripartite meeting  with Zaire  and the
United Nations High Commissioner for Refugees  (UNHCR) on the refugee  issue
was followed by  a visit  of the Minister for  Foreign Affairs of Rwanda  to
Kinshasa.   During  the visit,  Zaire agreed  in principle to  return assets
that had  been carried  across  to Zaire  in  1994  by the  former  Rwandese
government  forces (RGF).   These internal and external developments reflect
a positive trend.

5.  Two events,  however, had a  negative impact on the political  situation
in Rwanda.   The  first  involved the  manner in  which 38  non-governmental
organizations (NGOs) were asked to cease  activities in Rwanda and 18 others
were suspended,  their assets  frozen and  their equipment  impounded.   The
international community's  concern over  this announcement  was conveyed  to
the  Minister for Foreign Affairs by my Special Representative in Rwanda and
I hope that the appeals made  by NGOs will be given due consideration by the
Government.  The second event was the defection of some senior civilian  and
military  officials, including the  Governor of  the State  Bank.  Following
the  departure of former Prime  Minister Faustin Twagiramungu and  of one of
his  Cabinet  colleagues,  these  defections  represent  a  setback  to  the
prospects for promoting national reconciliation.

6.  The current mandate of UNAMIR  focuses on the provision of assistance to
facilitate  the safe and  voluntary return  of refugees.   So  far, however,
despite  intense  efforts by  UNHCR,  this  process  remains  at a  trickle.
Monthly  figures  of returnees  declined  from  35,000  in  January 1995  to
approximately 6,000 in  November, though it rose  to 13,500 in December (see
sect. V below).  The main hurdles to refugee return continue to  be the fear
of oppressive  treatment, intimidation  and political  dissuasion by  former
Rwandese  government forces  leaders in  the  camps,  and the  perception of
relatively better  living conditions  in the  camps than  those expected  on
returning  home.     Notwithstanding  sustained  efforts  to  tackle   these
difficult  issues,  they  remain unresolved  and  the  number  of  returning
refugees is not likely to increase significantly.

7.  Relations between UNAMIR and the Government  during this final period of
the  Mission's mandate  continue  to be  generally  cooperative,  though not
without friction.   The disposition of UNAMIR equipment and assets remains a
matter of concern.  In this connection, it  will be recalled that  paragraph
7 of Security  Council resolution 1029 (1995)  requested me "to  examine, in
the context  of  existing United  Nations  regulations,  the feasibility  of
transferring UNAMIR  non-lethal equipment, as  elements of UNAMIR  withdraw,
for use  in Rwanda".  The  Secretariat has been preparing recommendations to
be presented to the appropriate legislative bodies.   It is my hope that, in
the  meantime, Rwanda will  not impede  the transfer  to other peace-keeping
operations  of equipment  that  has become  available  as  a  result of  the
current reduction of UNAMIR.

8.  A second source of concern  is the insistence of the  Rwandan Government
that  contractors providing  goods and  services  for  the exclusive  use of
UNAMIR should pay various types of taxes.   These claims raise complex legal
issues  and  may have  a  serious  adverse  impact  on UNAMIR's  operational
capabilities and on the  provision of goods and services by the  contractors
to  UNAMIR.    A  similar  problem has  developed  in  connection  with  the

Government's insistence on  collecting frequency management and coordination
fees  and   requiring  licences   for  the   use  of   the  United   Nations
communications  equipment.   A third  point  of  contention arises  from the
Government's  attempts to  renegotiate the status-of-mission  agreement. The
Secretariat has attempted to  respond to the issues raised by Rwanda with  a
view to resolving them amicably.   While in a number  of areas the positions
of the  parties remain far  apart, in  others the Secretariat  has responded
positively to Rwanda's concerns regarding payment  of social security  taxes
for personnel engaged  by contractors to support UNAMIR activities,  charges
for  public  utility   service  related  to  communications  and   frequency
management and use of  airport facilities at Konombe airport.  In an  effort
to continue to address Rwanda's concerns  and resolve outstanding issues,  I
have dispatched a group  of experts to Kigali  to discuss these matters with
the Government.


III.  HUMAN RIGHTS

9.   The staffing  of the  United Nations  Human Rights  Field Operation  in
Rwanda fell from  120 at 30  November 1995  to 93 by  31 January 1996.   The
reason  for  this  reduction  is   that  voluntary  contributions  were  not
sufficient for  the recruitment of new  field officers (the majority of whom
are  United Nations Volunteers  (UNVs)) to  replace those  who had completed
their contracts.  In addition to  meeting the immediate operational needs of
the  Field Operation, the  Commission for  Human Rights  has yet  to receive
sufficient  financial support  from donors  to  be able  to reimburse  a  $3
million  loan received from  the Central  Emergency Revolving  Fund to start
operations in September  1994.   Such loans must  normally be repaid  within
six  months.   While the  Field  Operation has  continued to  maintain field
offices in 10  prefectures, this level of  staffing is limiting  its ability
to  monitor conditions in all  communes and to give  particular attention to
the communes to  which the largest number of  refugees have returned or  are
expected to return.

10.   The Field Operation continued  to undertake regular  visits to prisons
and  detention centres.   While  transfers to  new accommodation  alleviated
some of  the overcrowding,  this remained an  acute problem  in prisons  and
local  detention  centres.   Arrests continued  to be  carried out,  in most
cases  outside  legal  procedures,  while   progress  in  the  creation  and
preparation of case files was  slow.  The triage  committees (commissions de
triage)  met  in only  a  few  prefectures  and a  very  limited  number  of
detainees  was  released  as  a  result.  The  Minister  of  Justice  sought
interventional  assistance to  revitalize the  committees and  to  establish
such committees  at the local  level in all  147 communes.   In addition  to
overcrowding, the Field Operation expressed concern to the Government  about
the ill-treatment  of prisoners in many  local detention  centres, which had
resulted in a number of deaths.

11.   The authorities took  some significant steps to address reported human
rights violations.   Four soldiers  were tried and  convicted by a  military
court in late December  1995 for their involvement  in an incident  in which
four civilians were  shot, and  three killed.   The  Rwandan Patriotic  Army
cooperated with the Field Operation in its investigation of  the 25 November
killings  by soldiers  of civilians  at  a  temporary settlement  in Nyungwe
forest.   The official  investigation is  now in  the hands of  the Military
Prosecutor.   The need  to build a  State of law  while addressing  security
concerns  was publicly  emphasized  by the  Vice-President,  Maj.-Gen.  Paul
Kagame, when  he  led  visits  of  the  National  Security  Council  to  two
prefectures in  December.  However, the  Field Operation remained  concerned
that official investigations were carried out only in  some of the cases  of
possible  human rights  violations  reported  to it,  including killings  of
civilians allegedly by members of the security forces.

12.  The Field  Operation continued its efforts to provide assistance to the
judicial system  and promote  human rights.   It also pursued  its tasks  of
confidence-building and  human rights monitoring  in the  context of refugee

return.

13.    The International  Criminal  Tribunal  for  Rwanda  issued its  first
indictments on  12 December  1995, so  as to  carry forward  the process  of
bringing  to  justice  persons  accused  of  genocide  and  crimes   against
humanity.  All Member States in the region  have given assurances that  they
would cooperate  with the  Tribunal, as  agreed at  the Cairo  Summit.   The
proceedings against suspects accused of genocide  in Rwanda are expected  to
commence shortly.

14.   The Tribunal  held its  first plenary session  in Arusha on  8 January
1996.  On that occasion,  the second  trial chamber  examined an application
presented by the Prosecutor  concerning the deferral  of investigations  and
prosecutions conducted  by Belgium on three  suspects currently detained  in
that country.  On 11 January, the trial  chamber decided formally to request
Belgium  to defer to  the competence of the  Tribunal the investigations and
prosecutions concerning the three suspects.

15.  In Rwanda,  the recently established  Supreme Court has begun a  review
of the  judicial system  so as  to ensure  that it  becomes operational  and
those  responsible  for  genocide  are  brought  to  justice.    Arrest  and
detention  procedures  are  also  being  reviewed.     Furthermore,  it  was
announced on 13 January  that the National Assembly  had amended the Rwandan
Constitution,  taking   into  consideration  the  exceptional  circumstances
Rwanda  had gone  through.  The  addition of  the text  of article  4 of the
International Covenant on  Civil and Political Rights  to article 12 of  the
Constitution would allow  the enactment of laws to regularize  retroactively
the arrests of those suspected of crimes related to the genocide.   The text
of article 15, paragraph 2, of the International Covenant was also added  to
article 12  of the  Constitution.   This should  enable Rwanda  to bring  to
trial  suspects for  genocide, which  is a  crime according  to  the general
principles of  law recognized by  the community of  nations, although it  is
not so characterized in the Rwandan Criminal Code.

 16.   The  crash programme  undertaken  by  my Special  Representative  for
improving prison  conditions has  mitigated the problem  of overcrowding  in
the Rwandan prisons.   Six thousand detainees  have now been transferred  to
the  semi-permanent detention site at  Nsinda and to the extension of Nyanza
Prison.   The  completion of  the second  courtyard at Gitarama  prison, the
imminent  opening of additional temporary detention sites  and the launching
of transfers from communal lock-ups in  Kibungo to the prefecture's civilian
prison should also contribute to the  improvement of detention conditions in
Rwanda.


IV.  MILITARY AND SECURITY ASPECTS

17.  The  provisions of the  new mandate  concerning the  adjustments to  be
made to  the force  level of  UNAMIR have  been largely implemented.   Troop
strength has  been reduced  from 1,800  to 1,452  and the  target figure  of
1,200 will  be realized  following  the  departure of  153 Ghanaians  on  31
January and 97 Canadians  on 2 February.   The number of military  observers
and headquarters  staff has  been brought down  to 219 and  will be  further
reduced  to the  authorized  strength of  200,  with the  departure  of  the
Canadian military observers and staff officers,  on 2 February (see  annex).
General Guy  Tousignant, who  served with  great distinction  as the  UNAMIR
Force Commander from 15  August 1994, left the  mission area on  15 December
1995 upon completion of his  tour of duty.  Brigadier General Siva Kumar has
been designated as  Acting Force Commander of  UNAMIR.  The civilian  police
component  of UNAMIR has ceased its activities and all CIVPOL personnel have
been  repatriated,  in accordance  with  Security  Council  resolution  1029
(1995).

18.   UNAMIR logistic bases,  consisting of  about 40  personnel each,  have
been  deployed at  Nyundo, near  Gisenyi,  and  Shagasha, near  Cyangugu, to
assist in the return of refugees.  Primarily,  the deployment to the  border

areas  is meant to  provide logistic  support to UNHCR to  move the refugees
from the border to the transit  camps in Sectors 4 and  5.  All other formed
troops are  deployed in Kigali  (see map).   The troops  stationed in Kigali
are essentially tasked  to contribute to the  security of the Tribunal,  the
provision  of humanitarian  assistance,  the protection  of  United  Nations
property and  assets, construction  works and  assistance in  rehabilitation
and the repair of  infrastructure.  A  small contingent is also deployed  at
Kibuye for the protection  of members of the Tribunal working in that  town.
With  just over  a  month remaining  before  the  end  of the  mandate,  the
preparations  for terminating  the Mission  have unavoidably  curtailed  the
full performance of its tasks.

19.  On 5  January 1996, the Permanent  Representative of Canada informed me
that  his Government had  decided to  withdraw its  participation in UNAMIR.
In a  letter of  16 January (S/1996/35),  he explained  that his  Government
considered  that the UNAMIR  mandate, as adjusted in  December 1995, was not
viable  in the  light  of  the reduction  of  the force  level  effective  2
February.   My efforts  to persuade  the Canadian  authorities to reconsider
their decision have proven unsuccessful. While  I fully understand the issue
of principle that  has led the Canadian Government  to take the decision  to
withdraw, the departure of this key logistic support unit is another  factor
reducing  the  operational effectiveness  of  UNAMIR  during  the  sensitive
concluding phase of its mission.   Since alternative arrangements cannot  be
made in the time  remaining, the Acting Force  Commander has taken  steps to
restrict the remaining UNAMIR strength to a garrison mode in Kigali.

20.    In  the  Rwanda-Zaire  border  regions,  infiltration  and   sabotage
activities  by  elements  of  the former  Rwandese  government  forces  have
continued,  although  at a  lower  level  of  intensity.   Electric  pylons,
bridges and factories have been targeted.  Some  attacks were carried out on
"cachots" (improvised detention  centres), leading to escapes by  prisoners.
There were eight reported mine incidents during the period under review,  in
which civilians  and soldiers  of the  Rwandan Patriotic  Army were  injured
while removing or stepping on anti-personnel mines.

21.   Another aspect  of the  activities of  the former  Rwandese government
forces  concerns the  allegations  of  sale or  supply to  them of  arms and
related materials,  as  well as  reports  that  these forces  are  receiving
military  training in  order  to destabilize  Rwanda.   It will  be recalled
that,  in order to investigate  these reports, the  Security Council, in its
resolution  1013  (1995)  of  7  September,  requested  me  to  establish an
International  Commission  of Inquiry.    The  Commission  has  been in  the
Mission area since early  November and has submitted an interim report  (see
S/1996/67).

22.   In  the face of  the security  problems posed  by the  former Rwandese
government forces, the  Rwandan Patriotic Army  has increased its patrolling
activities.    The  preemptive  measures  it  has  taken  against  the local
population  have been  noticeably more severe  in the border  region than in
other parts of the  country, with a commensurate increase  in tension.  On 4
January,  the Rwandan Patriotic Army  fired rockets at  parts of Ijwi island
in  Lake Kivu, as it suspected  that the island was being used by saboteurs.
These   incidents  notwithstanding,   the  general  security   situation  is
improving steadily.


V.  HUMANITARIAN DEVELOPMENTS

23.  Humanitarian operations within Rwanda  continue to be coordinated under
the  overall leadership  of the  Department  of  Humanitarian Affairs.   The
United   Nations   Resident   Coordinator   has   now   assumed   also   the
responsibilities of  United Nations  Humanitarian Coordinator.   Though  the
United Nations  Rwanda Emergency Operation  structure was officially  closed
at the end of  October, a support  office was established to facilitate  the
Humanitarian Coordinator's  operations. One of  the principal activities  of
the  Humanitarian   Coordinator  will  be   to  ensure   the  continuity  of

humanitarian assistance to Rwanda following the departure of UNAMIR.

24.    In  December  1995,  the  number  of  returnees  increased  slightly.
According to  UNHCR, more than 13,500  refugees returned  to Rwanda compared
to some 6,700  in November.  This increase was due to an  influx of refugees
from Burundi  when  5,499 returnees  crossed the  border in  UNHCR-organized
convoys  between 19 and 23  December.  Unfortunately,  the flow of returnees
from the United Republic of Tanzania has nearly ceased.

25.   During the  reporting period,  UNHCR issued  a $288 million  appeal to
cover the  cost of  its 1996 operations  for Rwandan and  Burundian refugees
and returnees in  the Great Lakes  region.   The new  appeal places  special
emphasis on voluntary repatriation  to Rwanda in 1996, and plans for a shift
in UNHCR programmes from  care and maintenance of  refugees in countries  of
asylum to  return and reintegration  in the country  of origin.   The United
Nations  Development Programme (UNDP),  the World  Food Programme (WFP), the
United Nations Children's Fund (UNICEF), other  United Nations agencies  and
NGOs are collaborating in these efforts.

26.  At the Rwanda/Zaire/UNHCR Tripartite  Commission meeting held in Geneva
on 20  December, the three  parties expressed strong  concern at the  recent
decline in  the repatriation of  refugees to Rwanda.   The High Commissioner
for  Refugees informed the  meeting that  political factors,  an increase in
insecurity in the region and a failure by  the parties to translate  earlier
commitments  into concrete  action were  in  part  responsible for  the slow
progress  in getting  people  back home.    In a  joint  communique,  Rwanda
reaffirmed  its commitment  to establish  the necessary  conditions for  the
safe  return of  refugees  and to  strengthen its  capacity to  welcome them
home.  Zaire reaffirmed  its commitment to rid the camps of those  resorting
to  intimidation to  block the  return of  refugees.    The meeting  was the
second  between UNHCR,  Rwanda and  Zaire on  this matter.    The Tripartite
Commission consisting of Rwanda, the United  Republic of Tanzania and  UNHCR
held  its third meeting in  Kigali on 7  and 8 December  1995.   The "go and
see" visits of refugees  to Rwanda continued  during the months of  December
and January.  In all, 474 refugees  participated in over 30 such visits from
three  countries of asylum  since the  programme was  initiated in mid-1995:
342 from  Burundi, 122  from the  United Republic  of Tanzania  and 10  from
Zaire.

27.  Reported clashes between  armed groups and soldiers in Burundi provoked
a surge in  returns to Rwanda.  Some 7,000 refugees did  so during December.
Another 2,000 who were trying to cross into  the United Republic of Tanzania
from Burundi on 21 December were forced back by Tanzanian authorities.

28.    Fighting  during  the  night  of  17/18 January  in  Mugano,  Miyunga
Province, in  northern Burundi, triggered an  exodus of  some 15,000 Rwandan
refugees who fled  to the border of the  United Republic of Tanzania,  which
had  been  officially  closed.    According  to  UNHCR,  Tanzanian officials
allowed entry of the  refugees on humanitarian grounds.  On 20 January, more
than  14,000  Rwandan  refugees  fearing  the  spread  of  ethnic   fighting
abandoned  nearby Ntamba camp and  headed towards the  Tanzanian border.  As
of 25 January, an estimated 3,000 Rwandan  refugees from Ntamba had  crossed
into the United Republic  of Tanzania, more than 11,000 had returned to  the
Ntamba site, while a group of 140 chose to return voluntarily to Rwanda.

29.  On  15 December, UNDP  and the  Rwandan Ministry  of Planning signed  a
project  for  the urgent  urban  resettlement  of  refugees.   The  one-year
project will be executed by the United Nations  Centre for Human Settlements
(Habitat), in  cooperation with  the Ministry of  Rehabilitation and  Social
Integration.  The budget of $1.5 million is  financed by the United  Kingdom
of Great Britain and Northern Ireland.   The objective of the project  is to
facilitate the  resettlement of returnees in  urban and  semi-urban areas by
preparing and developing sites.

 30.  On 9 December 1995, UNDP also signed a preparatory assistance  project
to  support the  same Ministry  in  the  implementation of  the Government's

accelerated  plan  of  action  for the  reinstallation  and  reinsertion  of
refugees  and formerly  displaced persons.    The  one-year project  will be
executed by  the United Nations Office  of Project  Services and implemented
by  the Ministry.   The budget  is $1,159,000, of which  $186,336 comes from
co-financing  by  the   Netherlands.    This  preparatory  assistance   will
reinforce Government and  local administration capacity to plan,  implement,
monitor and evaluate reinstallation activities at  both the national and the
local levels.

31.   Owing  to the departure  of a number of  NGOs, four of  which were its
implementing  partners,  UNICEF  has  taken  emergency  steps to  avoid  the
breakdown of services  in several  unaccompanied children's  centres run  by
these NGOs. Replacement  agencies have been  found for  two of the  centres.
The  three  other  centres  remain  without  NGO  financial  and   technical
assistance, although  national staff are still  present.   The activities of
UNHCR,  WFP  and other  United Nations  agencies were  also affected  by the
Government of Rwanda's decision to expel a number of NGOs.

32.  UNICEF is collaborating  with a number of NGOs  for its 1996 activities
on behalf  of vulnerable women and children.  In order to support a study on
street children and to provide technical expertise in the Miyove centre  for
women   prisoners  and  their  children,  UNICEF  will   sign  two  separate
agreements with Save the  Children's Fund-USA.  UNICEF  will support the NGO
"Food  For  The  Hungry" in  providing assistance  to  vulnerable households
within the  country and for the  reintegration and  resettlement of returnee
foster families.


VI.  REHABILITATION, RECONSTRUCTION AND DEVELOPMENT

33.   Funds  pledged  to  date by  donors  have reached  $1,264 million,  as
against  $587  million  registered  initially  at  the  Geneva   round-table
conference  of   January  1995.    The  increase  came  mainly  from  (a)  a
continuation of projects previously in the  pipeline that the Government  of
Rwanda  had  not considered  to  be  on  their new  priority  list  and  (b)
additional pledges  made by  donors at  the July  1995 round-table  mid-term
review.  Additional pledges  from the European Union  and Japan were made at
the thematic  consultation on refugees held  in November  1995.  Commitments
to date by  donors are estimated at  $878.5 million. The largest commitments
have  come from  the World  Bank  ($224 million),  the European  Union ($125
million),the UnitedStates ofAmerica ($122million)and Germany($103 million).

34.   Disbursements  to date  by  donors are  estimated at  $403.9  million,
equivalent to  69 per  cent of  the total  pledged in  Geneva, a  remarkable
improvement over May (9 per  cent), July (15 per cent) and September (43 per
cent)  disbursements.   At  the  Government's  request,  a  few donors  have
expedited  their   bilateral  disbursement  procedures  and/or   contributed
through the  Secretary-General's Trust  Fund or the  UNDP Trust  Fund.   The
Secretary-General's Trust  Fund was established  in the immediate  aftermath
of  the Rwandan  crisis, in  order to  facilitate the rapid  disbursement of
funds.   In  early 1995,  the UNDP  Trust  Fund  was constituted  to channel
resources from donors for  rehabilitation projects.   To date, contributions
pledged  via the Trust  Fund and  cost-sharing arrangements  managed by UNDP
total $43.5 million.

35.  Reactivating the  judicial system remains a  priority of United Nations
agencies operating in Rwanda.  Although progress is  slow on account of  the
Government's lack  of capacity and the  enormous complexity  of trying those
suspected  of  genocide,  steps  were  taken  in  December  to  remedy  that
situation.  The  Ministry  for the  Rehabilitation  and  Functioning of  the
Judiciary identified  four priority areas  and implementation of  programmes
designed to rehabilitate the judicial system is under way.

36.    In accordance  with  a recommendation  made  during  a  conference on
genocide held  in Kigali, the  Ministry of Justice  announced its desire  to
establish 11  "special courts" for  the treatment of genocide  cases.  These

courts  could  be  supported  by  six  international  experts  who  could be
recruited through UNDP's  "Support to  the rehabilitation of the  judiciary"
phase II project.  Four more specialists could  be recruited to support  the
Public Prosecutor of  the Supreme Court.   Incentives are being examined  in
order  to increase  the productivity  of  judiciary  public servants  and to
recruit qualified and experienced candidates for key positions.

37.   The  work of  the triage  committees is  scheduled to  resume in  mid-
January and  the necessary  administrative decisions are  being prepared  by
the  Ministry of  Justice to  be presented  to the  Government for  official
approval.   The assessment of  material needs for the  proper functioning of
the Supreme Court has been completed.


VII.  FINANCIAL ASPECTS

38.   In its  resolution 50/211 of  23 December 1995,  the General  Assembly
appropriated  an  amount of  $32,324,500  gross  for  the  financing of  the
Assistance Mission for the final period, from 1 January to 8 March 1996.

39.   Pursuant to the  Security Council's request  to initiate planning  for
the  complete withdrawal of  UNAMIR within  a period of six  weeks after the
expiry of its mandate,  I shall seek  the additional resources required  for
the withdrawal from the General Assembly at its resumed fiftieth session.

40.   As of  15 January  1996, the  total outstanding  contributions to  the
UNAMIR  special account  since the  inception of the  Mission to  8 December
1995 amounted  to $58.5  million.   This amount  does not  reflect the  most
recent appropriation by the General  Assembly for the period  from 1 January
to 8 March  1996.  Total outstanding  assessed contributions for  all peace-
keeping operations stood at $1,702.8 million as of 15 January 1996.


VIII.  CONCLUDING OBSERVATIONS

41.   More than  six  weeks have  now  elapsed  since the  Security  Council
adopted resolution 1029 (1995),  which focused the mandate of UNAMIR on  the
assistance  it  should provide  in terms  of good  offices and  logistics to
facilitate the repatriation  of Rwandan refugees.  I note with concern that,
to date,  despite the combined  efforts of  UNAMIR and other  United Nations
agencies  and  programmes   working  in  Rwanda,  particularly  UNHCR,   the
repatriation  process continues to be  very slow.  Moreover,  there has been
no  evidence so  far that  the  process will  acquire the  desired  momentum
before the end of the final mandate period of UNAMIR.

42.   As stated  in my  previous reports, I remain  convinced that long-term
peace in  Rwanda will  remain elusive  as long  as  large concentrations  of
Rwandan nationals  remain encamped in  neighbouring countries.   I therefore
welcome  the  initiatives being  taken  at the  regional  level to  help  to
resolve the problem.

43.   Genuine peace  and reconciliation  in Rwanda  will also depend  on the
progress  that will  be  made  in the  efforts  of the  Government  and  the
international  community to  put an  end  to  the prevailing  environment of
impunity, by  bringing to justice those  accused of  genocide and massacres.
I  note  with  satisfaction  that the  International  Criminal  Tribunal for
Rwanda issued its first indictments on  12 December 1995, that  the Tribunal
was able to hold its  first plenary session in Arusha on 8 January 1996  and
that the  proceedings will begin in March.  The measures  being taken by the
Supreme Court  of Rwanda  to reactivate  the country's  judicial system  are
also welcome.

44.    Progress  is  also  being  made  in  the  fields  of  rehabilitation,
reconstruction and  development.  The funds  pledged by  donor countries for
the  development of  Rwanda have  increased significantly  since the donors'
round-table  conference of  January  1995.    Actual disbursement  has  also

increased,  making it  possible to  launch  a  number of  rehabilitation and
reconstruction projects.   In this context, it is  my hope that the  ongoing
efforts aimed at improving conditions of  detention in Rwanda's prisons will
continue.

45.   The mandate  of UNAMIR will expire  on 8 March 1996  and the operation
will  be phased  out within  six  weeks, as  prescribed by  Security Council
resolution 1029  (1995).  I stated in my last report to the Security Council
(S/1995/1002) that  the United Nations  still had a  useful role  to play in
Rwanda.    That  assessment  remains  valid,  especially  in  light  of  the
Government's indication  that the country's  overwhelming needs require  the
continued attention and assistance of the international community.

46.  Despite  the real progress that has  been made towards the  restoration
of normal  conditions in Rwanda after  the trauma  and destruction inflicted
by the genocide  of 1994, it is evident that  much more remains to be  done.
There is no  doubt that the international  community should continue to lend
its  support to  the efforts  of the  Rwandan Government  to achieve genuine
peace  and   reconciliation,  which   are  the   necessary  conditions   for
sustainable rehabilitation and reconstruction.

47.  My Special Representative is  currently examining with the  Government,
as well as with  the relevant United  Nations agencies, the possible  nature
and mandate  of a  continued United  Nations  presence in  Rwanda after  the
expiration  of UNAMIR's final mandate period on 8 March  1996.  In the light
of those discussions,  I shall present  appropriate recommendations  in this
regard in my next report to the Security Council.
  Annex

Composition of the UNAMIR military component as of 22 January 1996

                                                                           
  
                                                                           
  
                                  Military personnel     
    Country                     Troops    Staff/Military police    Observers
Total  
                                                                           
  

Austria11

Bangladesh11

Canada a/9749110

Congo77

Ghana b/2961725338

Guinea1515

Guinea-Bissau11

India c/8411222875

Malawi85893

Nigeria1331412159

Russian Federation1515

Senegal123

Uruguay1717

Zambia15823

Zimbabwe                                                            13      
13

                                                                          


      Total1 452631561 671
                                                                           
                                                                           
 

  a/  All Canadian personnel (110) leaving the Mission on 2 February 1996.

  b/  One  hundred and fifty three troops  leaving the Mission by 31 January
1996.

  c/  Five staff officers leaving the Mission by 31 January 1996.


n

 

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