United Nations

A/RES/50/200


General Assembly

Distr. GENERAL  

11 March 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


           RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

     [on the report of the Third Committee (A/50/635/Add.3)]


          50/200.   Situation of human rights in Rwanda

     The General Assembly,

     Guided by the Charter of the United Nations, the Universal
Declaration of Human Rights,  1/ the International Covenants on
Human Rights,  2/ the Convention on the Prevention and the
Punishment of the Crime of Genocide  3/ and other applicable
human rights and humanitarian law standards,

     Recalling its resolution 49/206 of 23 December 1994, and
taking note of Commission on Human Rights resolution 1995/91 of 8
March 1995,  4/ in which the Commission renewed the mandate
of the Special Rapporteur to investigate the human rights
situation in Rwanda,

     Welcoming the commitments of the Government of Rwanda to
protect and promote respect for human rights and fundamental
freedoms and to eliminate impunity, recalling the efforts to
restore the rule of law and reconstruct the civil administration
and the social, legal and human rights infrastructure, and noting
that these efforts are hampered by a lack of resources,

     Noting the concerns of the Special Rapporteur, as set out in
his report of 28 June 1995,  5/ that the human rights
situation is exacerbated by the inadequate system for the
administration of justice, characterized by a shortage of both
human and material resources, and that there are threats and
violence against the physical integrity of individuals, arrest,
detention and treatment and conditions of detention, which do not
conform to international standards,

     Expressing its grave concern at the tragedy of Kibeho in
April 1995, and bearing in mind the conclusions of the
Independent International Commission of Inquiry in its report of
18 May 1995,  6/

     Recalling the obligations of all States to punish 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 and, pursuant to
Security Council resolution 978 (1995) of 27 February 1995, to
exert every effort, without delay, to bring those responsible to
justice in accordance with international principles of due
process, and to honour their obligations under international law
in this regard, particularly under the Convention on the
Prevention and Punishment of the Crime of Genocide,

     Welcoming the measures taken by the United Nations High
Commissioner for Human Rights to put in place the Human Rights
Field Operation in Rwanda and to coordinate its activities with
those of the Special Representative of the Secretary-General, the
United Nations High Commissioner for Refugees, the United Nations
Development Programme, the United Nations Assistance Mission for
Rwanda, the International Criminal Tribunal for the Prosecution
of Persons Responsible for Genocide and Other Serious Violations
of International Humanitarian Law Committed in the Territory of
Rwanda and Rwandan Citizens Responsible for Genocide and Other
Such Violations Committed in the Territory of Neighbouring
States, between 1 January 1994 and 31 December 1994, the
Department of Humanitarian Affairs of the Secretariat, and other
United Nations agencies and intergovernmental and
non-governmental organizations, and the International Committee
of the Red Cross,

     Recognizing the valuable contribution that the human rights
officers deployed by the United Nations High Commissioner for
Human Rights to Rwanda have made towards the improvement of the
overall situation,

     Deeply concerned by the reports of the Special Rapporteur
and the United Nations High Commissioner for Human Rights,
according to which genocide and systematic, widespread and
flagrant violations of international humanitarian law, including
crimes against humanity and grave violations and abuses of human
rights, were committed in Rwanda,

     Welcoming the policy of the Government of Rwanda to
facilitate the process of voluntary and safe return, resettlement
and reintegration of refugees, as reaffirmed in the Cairo
Declaration on the Great Lakes Region of 29 November 1995, 
7/

     Noting the United Nations support for all efforts to reduce
tension and restore stability in the Great Lakes region, and
supporting initiatives of the Secretary-General in this regard,
particularly in implementing the Cairo Declaration on the Great
Lakes Region and continuing consultations with the aim of
convening a conference on security, stability and development in
the Great Lakes region, as appropriate,

     Recalling Security Council resolution 1029 (1995) of 12
December 1995, in which the Council renewed the mandate of the
United Nations Assistance Mission for Rwanda to exercise its good
offices to assist in achieving the voluntary and safe
repatriation of Rwandan refugees within the frame of reference of
the recommendations of the Bujumbura Conference  8/ and the
Cairo Summit of the heads of State of the Great Lakes region, 7/
and in promoting genuine national reconciliation, to assist the
Office of the United Nations High Commissioner for Refugees and
other international agencies in the provision of logistical
support for the repatriation of refugees, to contribute, with the
agreement of the Government of Rwanda, to the protection of the
International Tribunal for Rwanda as an interim measure until
alternative arrangements agreed with the Government of Rwanda can
be put in place,

     Acknowledging the responsibility of the Government of Rwanda
for the safety and security of all personnel attached to the
United Nations Assistance Mission for Rwanda, United Nations
agencies and humanitarian organizations and other international
staff operating in the country,

     Recognizing the important role played by non-governmental
organizations in providing humanitarian assistance and
contributing to the reconstruction and rehabilitation of Rwanda,

     Recognizing also that effective action must be taken to
ensure that the perpetrators of genocide and crimes against
humanity are promptly brought to justice,

     Recognizing further that effective action to prevent further
violations of human rights and fundamental freedoms must be a
central and integral element of the overall Rwandan and United
Nations responses to the situation in Rwanda and that a strong
human rights component is indispensable to the political peace
process and the post-conflict reconstruction of Rwanda,

     1.   Welcomes the report of the United Nations High
Commissioner for Human Rights on the Human Rights Field Operation
in Rwanda,  9/ and takes note of the reports of the Special
Rapporteur of the Commission on Human Rights  10/ on
violations committed during the tragedy in Rwanda and on the
current situation of human rights in Rwanda;


     2.   Condemns in the strongest terms the acts of genocide,
violations of international humanitarian law and all violations
and abuses of human rights that occurred during the tragedy in
Rwanda, especially following the events of 6 April 1994, which
resulted in a massive loss of human life, up to one million
people;

     3.   Expresses its deep concern at the intense suffering of
the victims of genocide and crimes against humanity, recognizes
the ongoing suffering of their survivors, particularly the
extremely high number of traumatized children and women victims
of rape and sexual violence, and urges the international
community to provide adequate assistance to them;

     4.   Condemns the killing of personnel attached to the
United Nations Assistance Mission for Rwanda, United Nations
agencies and humanitarian organizations operating in the country,
including Rwandan personnel working with them;

     5.   Calls upon the Government of Rwanda to take all
necessary measures to ensure the safety and security of all
personnel attached to the United Nations Assistance Mission for
Rwanda, United Nations agencies and humanitarian organizations
and other international staff operating in the country;

     6.   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;

     7.   Urges all States, pursuant to Security Council
resolution 978 (1995), to exert, without delay, every effort,
including arrest and detention, in order to bring those
responsible to justice in accordance with international
principles of due process, and also urges States to honour their
obligations under international law in this regard, particularly
under the Convention on the Prevention and Punishment of the
Crime of Genocide;

     8.   Recognizes that effective action must be taken by all
States concerned to ensure that the perpetrators of genocide and
crimes against humanity are promptly brought to justice, and
urges all States concerned to cooperate fully with the
International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of
Rwanda and Rwandan Citizens Responsible for Genocide and Other
Such Violations Committed in the Territory of Neighbouring
States, between 1 January 1994 and 31 December 1994, taking into
account the obligations contained in Security Council resolutions
955 (1994) of 8 November 1994 and 978 (1995), and to intensify
efforts for the effective functioning of the Tribunal without
delay;

     9.   Commends the efforts of the United Nations High
Commissioner for Human Rights, working in cooperation with and
assisting the Government of Rwanda, to ensure that human rights
monitoring, a comprehensive programme of human rights assistance
and confidence-building measures form integral parts of Rwandan
and United Nations efforts aimed at conflict prevention and
peace-building in Rwanda, drawing as appropriate on the expertise
and capacities of all parts of the United Nations system, thus
contributing to the promotion and protection of human rights in
Rwanda;

     10.  Encourages the Government of Rwanda, in a spirit of
national reconciliation, to intensify efforts to protect and
promote respect for human rights and fundamental freedoms and to
create an environment conducive to the realization of civil,
political, economic, social and cultural rights and the voluntary
and safe return of refugees to their homes;

     11.  Takes note with concern of the findings of the Special
Rapporteur as set out in his report of 28 June 1995, 5/ and of
the Human Rights Field Operation in Rwanda, that the human rights
situation is exacerbated by the inadequate system for the
administration of justice, characterized by a shortage of both
human and material resources;

     12.  Notes with concern the arrest, detention and treatment
and conditions of detention that do not conform to international
standards, as set out in the report of the Special Rapporteur; 

     13.  Also notes with concern that a situation still exists,
evidenced by reports of threats and violence against the physical
integrity of individuals, which is sometimes exacerbated by
incursions;

     14.  Urges Governments in the region to take measures to
prevent their territory from being used to pursue a strategy of
destabilization of Rwanda, and, in this regard, urges all States
concerned to cooperate fully with the International Commission of
Inquiry on arms flows in the Great Lakes region, established in
pursuance of Security Council resolution 1013 (1995) of
7 September 1995;

     15.  Condemns the mass killings of civilians at Kibeho in
April 1995, takes note of the conclusions of the Independent
International Commission of Inquiry in its report, 6/ and
expresses its grave concern at the events in Kanama in
September 1995;

     16.  Welcomes the efforts of the Government of Rwanda to
reconstruct the civil administration and the social, legal,
economic and human rights infrastructure of Rwanda, encourages
the Government to intensify its efforts, with the assistance of
the international community, the Human Rights Field Operation in
Rwanda and other United Nations bodies, to expedite the
processing of cases, to ensure conditions and treatment in
detention in conformity with international standards, and to
train civilian police in the legal procedures governing arrest
and detention, and notes that efforts in this regard are hampered
by a lack of human and financial resources;

     17.  Invites Member States, the organizations and bodies of
the United Nations system and intergovernmental and
non-governmental organizations to continue and 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, economic and human rights
infrastructure of Rwanda, particularly in the areas of the
administration of justice, and welcomes the contributions made,
including those at the Round Table Conference at Geneva and its
mid-term review, and urges States and donor agencies to fulfil
their earlier commitments;

     18.  Condemns all violence and intimidation against persons
in the refugee camps in neighbouring countries, calls upon the
appropriate authorities to ensure security in such camps, and
welcomes the commitments undertaken by the Governments in the
region in the Cairo Declaration on the Great Lakes Region;

     19.  Welcomes the joint efforts of the Government of Rwanda,
neighbouring countries and the United Nations High Commissioner
for Refugees to assist the voluntary and safe return of refugees
through, inter alia, the work of the Tripartite Commission and
the agreements reached at Nairobi in January 1995, Bujumbura in
February 1995 and Cairo in November 1995, and welcomes also the
efforts of the United Nations High Commissioner for Refugees, the
United Nations High Commissioner for Human Rights, the United
Nations Assistance Mission for Rwanda and the United Nations
Development Programme to coordinate their efforts to ensure
protection of the human rights of refugees during their return,
resettlement and reintegration;

     20.  Also welcomes the measures taken by the United Nations
High Commissioner for Human Rights, working in cooperation with
and assisting the Government of Rwanda, to put in place the Human
Rights Field Operation in Rwanda, which has as its objective:

     (a)  The investigation of violations of human rights and
humanitarian law, including acts of genocide and crimes against
humanity;

     (b)  The monitoring of the human rights situation and the
prevention of future violations;

     (c)  Cooperation with other international agencies in re-
establishing confidence and thus facilitating the voluntary
return and resettlement of refugees and displaced persons;


     (d)  The rebuilding of civil society, through programmes of
human rights education and technical cooperation, particularly in
the areas of the administration of justice and conditions of
arrest, detention and treatment in detention, and through
programmes of cooperation with Rwandan human rights
organizations;

and requests the High Commissioner to report regularly on all of
these activities of the Field Operation and to cooperate and
share information with the Special Rapporteur in order to assist
him in fulfilling his mandate;

     21.  Further welcomes the cooperation the Government of
Rwanda has extended to the United Nations High Commissioner for
Human Rights, the Human Rights Field Operation in Rwanda and the
Special Rapporteur and the acceptance by the Government of Rwanda
of the deployment of human rights field officers throughout the
country;

     22.  Requests the Secretary-General to take appropriate
steps to ensure adequate financial and human resources and
logistical support for the Human Rights Field Operation in
Rwanda, taking into account the need to deploy a sufficient
number of human rights field officers and the need for programmes
of technical assistance and advisory services for the Government
of Rwanda and Rwandan human rights organizations, especially in
the field of the administration of justice;

     23.  Requests the United Nations High Commissioner for Human
Rights to report on the activities of the Human Rights Field
Operation in Rwanda to the Commission on Human Rights at its
fifty-second session and to the General Assembly at its fifty-
first session.


                                             99th plenary meeting
                                                 22 December 1995


                              Notes

1/        Resolution 217 A (III).

2/        Resolution 2200 A (XXI), annex.

3/        Resolution 260 A (III).

4/        See Official Records of the Economic and Social
Council, 1995, Supplement No. 3 and corrigenda (E/1995/23 and
Corr.1 and 2), chap. II, sect. A.

5/        A/50/709-S/1995/915, annex III.

6/        See S/1995/411, annex.

7/        S/1995/1001, annex.

8/        Regional Conference on Assistance to Refugees,
Returnees and Displaced Persons in the Great Lakes Region, held
at Bujumbura from 15 to 17 February 1995.

9/     A/50/743, annex.

10/       A/50/709-S/1995/915, annexes I-III.

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