General Assembly

Distr. GENERAL  

23 December 1994

ORIGINAL:
ENGLISH

                                                 A/RES/49/206
                                                 94th plenary meeting
                                                 23 December 1994
 
            49/206. Situation of human rights in Rwanda
 
      The General Assembly,
 
      Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights, the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights,  the
Convention on the Prevention and Punishment of the Crime of Genocide, and
other applicable human rights and humanitarian law instruments,
 
      Recalling Commission on Human Rights resolution S-3/1 of 25 May 1994, by
which the Commission established a Special Rapporteur to investigate the human
rights situation in Rwanda,
 
      Recalling the establishment of the Commission of Experts pursuant to
Security Council resolution 935 (1994) of 1 July 1994 to report on grave
violations of international humanitarian law in Rwanda,
 
      Deeply concerned by the reports of the Special Rapporteur and the
Commission of Experts that genocide and systematic, widespread and flagrant
violations of international humanitarian law and crimes against humanity have
been committed in Rwanda, resulting in massive loss of life,
 
      Also deeply concerned by the reports of the Special Rapporteur and the
Commission of Experts that the situation of ethnic and political armed
conflict in Rwanda resulted in other grave violations and abuses of human
rights, including violation of the right to life, the right to physical and
moral integrity, the right to be free from torture and other cruel, inhuman
and degrading treatment and the right to be free from discrimination on the
grounds of ethnic origin and to be protected from incitement to such
discrimination,
 
      Reaffirming the deep concern expressed by the World Conference on Human
Rights about violations of human rights during armed conflicts affecting the
civilian population, especially women, children, the elderly and the disabled,
 
      Noting that, following the cease-fire of 18 July 1994, a new Government
of Rwanda has been established and has made efforts to restore the rule of law
and reconstruct the civil administration and the social, legal, physical,
economic and human rights infrastructure of Rwanda after the extensive damage
inflicted by the civil conflict,
 
      Noting with concern that, in spite of efforts by the Government of
Rwanda to ensure peace and security and the rule of law, a situation of
insecurity still exists, evidenced by reports of disappearances, arbitrary
arrest and detention, summary executions and destruction of property, and
welcoming the commitments of the Government of Rwanda to protect and promote
respect for human rights and fundamental freedoms and to eliminate impunity by
investigating and prosecuting those responsible for acts of retribution,
 
      Concerned about the danger posed by continuing incidences of violence
and intolerance in Rwanda, which impede the full realization of civil,
political, economic, social and cultural rights,
 
      Also concerned about the fact that these occurrences create a climate of
insecurity, which prevents refugees and displaced persons from returning to
their homes, conscious that the return to their homes is essential for the
normalization of the situation in Rwanda and countries of the region, and
concerned, in addition, about reports of continuing acts of intimidation and
violence within the camps for refugees, particularly by the former Rwandese
authorities, which prevent refugees from returning home,
 
      Conscious that technical assistance and advisory services will assist
the Government of Rwanda in reconstructing the social, legal, physical,
economic and human rights infrastructure of Rwanda,
 
      Further concerned by the ongoing interference, particularly by the
former Rwandese authorities, in the provision of humanitarian relief, which
has already led to the withdrawal of some non-governmental agencies
responsible for the distribution of relief supplies within the camps outside
Rwanda,
 
      Noting with appreciation the efforts of the Secretary-General, his
Special Representative for Rwanda, the United Nations High Commissioner for
Refugees, the Department of Humanitarian Affairs of the Secretariat and
non-governmental organizations, as well as of the Commission on Human Rights
and its special rapporteurs,
 
      Commending the initiatives taken by the United Nations High Commissioner
for Human Rights, including his timely visits to Rwanda, and welcoming his
efforts to ensure that the Special Rapporteur is assisted by a team of human
rights field officers acting in close cooperation with the United Nations
Assistance Mission for Rwanda and other United Nations agencies and programmes
operating in Rwanda, and his efforts to facilitate coordination and
cooperation between the work of the Commission of Experts and the Special
Rapporteur,
 
      Conscious of the important role human rights field officers will have in
establishing an environment conducive to full respect for human rights and
fundamental freedoms and in preventing further violations, mindful of the need
for the speedy deployment of a sufficient number of such officers to fulfil
this role and endorsing the Secretary-General's encouragement to Member States
to provide contributions to expand human rights activities in the field,
 
      Stressing the need for the implementation by all parties in Rwanda of
the principles contained in the Peace Agreement between the Government of the
Rwandese Republic and the Rwandese Patriotic Front, signed at Arusha on 4
August 1993, which constitutes the framework for peace, national
reconciliation and unity in Rwanda, and noting with appreciation the efforts
of the Chairman and Secretary General of the Organization of African Unity,
the President of the United Republic of Tanzania, Mr.  Ali Hassan Mwinyi, in
his capacity as the Facilitator of the Arusha peace process,
 
      Recalling Security Council resolution 965 (1994) of 30 November 1994, in
which the Council expanded the mandate of the Assistance Mission to contribute
to the security and protection of displaced persons, refugees and civilians at
risk in Rwanda, to provide security and support for the distribution of relief
supplies and humanitarian relief operations, to contribute to the security in
Rwanda of personnel of the International Tribunal for Rwanda and human rights
officers, and to assist in the training of a new integrated police force, and
recalling also the Secretary-General's revised deployment schedule for the
Assistance Mission, which is intended to promote security in all areas of the
country and create conditions conducive to the return of refugees,
 
      Conscious of the fact that the magnitude of the tragedy in Rwanda
requires the kind of coordination and resources that can be effectively
sustained by the United Nations, and supporting the Secretary-General's
encouragement, under the Rwanda Emergency Normalization Plan, to States
Members of the United Nations, United Nations agencies and non-governmental
organizations to provide immediate and coordinated technical and financial
assistance to Rwanda,
 
      Recognizing that effective action to prevent further violations of human
rights and fundamental freedoms must be a central and integral element of the
overall United Nations response to the situation in Rwanda,
 
      Recognizing also that a strong human rights component is indispensable
to the political peace process and the post-conflict reconstruction of Rwanda,
 
      Considering that the international community and the Government of
Rwanda must follow closely and continue to support all efforts to consolidate
peace, ensure full respect for human rights and fundamental freedoms and
undertake the reconstruction of Rwanda,
 
      1.    Welcomes the reports of the Special Rapporteur on the situation of
human rights in Rwanda;
 
      2.    Condemns in the strongest terms all acts of genocide and
violations of international humanitarian law and all violations and abuses of
human rights that occurred during the conflict in Rwanda, especially following
the tragic events of 6 April 1994;
 
      3.    Also condemns in the strongest terms the kidnapping and killing of
military peace-keeping personnel attached to the United Nations Assistance
Mission for Rwanda, the killing of personnel attached to humanitarian
organizations operating in the country, the wanton killing of innocent
civilians and the destruction of property during the conflict, which
constitute a blatant violation of international humanitarian law;
 
      4.    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 and that the international community will
exert every effort to bring those responsible to justice in accordance with
international principles of due process;
 
      5.    Welcomes the establishment, pursuant to Security Council
resolution 955 (1994) of 8 November 1994, of 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 Rwandese Citizens Responsible for Genocide and Other
Such Violations Committed in the Territory of Neighbouring States between 1
January 1994 and 31 December 1994, and urges States to cooperate fully with
the International Tribunal;
 
      6.    Requests States that have given refuge to persons involved in
serious breaches of international humanitarian law, crimes against humanity or
acts of genocide to take the necessary steps, in cooperation with the
International Tribunal for Rwanda, to ensure that they do not escape justice;
 
      7.    Notes with deep concern the findings of the Special Rapporteur
that disappearances, arbitrary arrest and detention, summary executions and
destruction of property are still taking place in Rwanda, encourages the
Government of Rwanda to ensure investigation and prosecution of those
responsible for such acts in accordance with international principles of due
process, and welcomes the commitments of the Government of Rwanda in this
regard;
 
      8.    Encourages the Government of Rwanda to protect and promote respect
for human rights and fundamental freedoms, stresses the need to create an
environment conducive to the realization of civil, political, economic, social
and cultural rights, and to the return by refugees and displaced persons to
their homes, and welcomes in this regard the commitments made by the
Government of Rwanda;
 
      9.    Encourages the efforts of the Government of Rwanda to involve,
regardless of ethnicity, all citizens not responsible for acts of genocide or
other grave violations of international humanitarian law, within its
administrative, judicial, political and security structures;
 
      10.   Invites Member States, the organizations and agencies of the
United Nations system and intergovernmental and non-governmental organizations
to 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, physical, economic and human rights
infrastructure of Rwanda;
 
      11.   Welcomes the efforts of the Government of Rwanda to restore the
rule of law and to reconstruct the Rwandese justice system, and invites Member
States, the organizations and agencies of the United Nations system and
intergovernmental and non-governmental organizations to intensify their
efforts to provide technical and financial assistance for the administration
of justice, particularly to ensure the independence and impartiality of the
judiciary, and welcomes in this regard the efforts of the Centre for Human
Rights of the Secretariat to assist the Ministry of Justice of Rwanda;
 
      12.   Also invites Member States, the organizations and agencies of the
United Nations system and intergovernmental and non-governmental organizations
to intensify their efforts to provide technical and financial assistance to
the system of law enforcement in Rwanda, including police training, and
welcomes in this regard the assistance being provided by the Assistance
Mission to the Government of Rwanda in its efforts to establish a new
integrated police force;
 
      13.   Condemns those preventing, in some instances by force, the
voluntary repatriation of refugees, and those obstructing the access of
humanitarian relief to all in need, including those in the camps for refugees,
and calls on the appropriate authorities to ensure security in such camps;
 
      14.   Urges the responsible authorities in Rwanda and in the region to
ensure full respect for human rights and fundamental freedoms in the camps for
refugees and displaced persons;
 
      15.   Welcomes the commitment of the Governments of Zaire, the United
Republic of Tanzania and Burundi to help resolve the problems facing the
refugees, and calls upon them to do all in their power to ensure the safety
both of the refugees and of the personnel providing humanitarian assistance to
the refugees;
 
      16.   Urges Governments of the region to take measures to prevent their
territory from being used to pursue a strategy of destabilization within
Rwanda;
 
      17.   Urges the Rwandese authorities and the Rwandese people to work for
national reconciliation and unity in Rwanda, for peace in the country and the
whole region, and to work together to implement the principles contained in
the Peace Agreement between the Government of the Rwandese Republic and the
Rwandese Patriotic Front, signed at Arusha, which constitutes the framework
for peace, national reconciliation and unity in Rwanda;
 
      18.   Welcomes the efforts of the United Nations High Commissioner for
Human Rights to ensure that efforts of the United Nations aimed at
conflict-resolution and peace-building in Rwanda are accompanied by a strong
human rights component and effectively supported by a comprehensive programme
of human rights assistance, drawing as appropriate on the expertise and
capacities of all parts of the United Nations system able to contribute to the
promotion and protection of human rights in Rwanda;
 
      19.   Also welcomes the cooperation the Government of Rwanda has
extended to the United Nations High Commissioner for Human Rights and to the
Special Rapporteur, and the acceptance by the Government of Rwanda of the
deployment of human rights field officers, bearing in mind the important role
of those officers, acting in close cooperation with the Assistance Mission and
other United Nations agencies and programmes operating in Rwanda, in
establishing a climate of confidence and a secure environment conducive to
full respect for human rights and fundamental freedoms and in preventing
further violations;
 
      20.   Invites Member States to intensify further their efforts to
support human rights activities in the field in Rwanda;
 
      21.   Requests the Secretary-General to take appropriate steps to ensure
adequate financial and human resources and logistical support for the speedy
deployment of a sufficient number of human rights field officers and for the
delivery of programmes of technical assistance and advisory services;
 
      22.   Also requests the Secretary-General to provide all resources
necessary to enable the Special Rapporteur to fulfil his mandate;
 
      23.   Decides to continue its consideration of this question at its
fiftieth session.