Situation of human rights in Rwanda.

The Commission on Human Rights,

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

Recalling its resolution 1998/69 of 21 April 1998 and relevant previous resolutions and noting General Assembly resolution 53/156 of 9 December 1998,

Reaffirming that the promotion and protection of human rights are necessary for sustaining the process of national reconstruction and reconciliation in Rwanda,

Taking into account the regional dimension of the human rights issues in the Great Lakes region, while underlining the primary responsibility of States for the promotion and protection of human rights,

Noting with satisfaction the commitment of the Government of Rwanda to promote and protect respect for human rights and fundamental freedoms, as well as to eliminate impunity, the progress made towards the development of a State governed on the basis of the rule of law, and efforts undertaken to consolidate peace and stability and promote unity and reconciliation,

Welcoming the progress made by the Government of Rwanda in rebuilding the country's system of administration of justice and the efforts made to address the problem of the very large number of detainees awaiting trial,

1. Takes note with appreciation of the report of the Special Representative of the Commission on Human Rights on the situation of human rights in Rwanda (E/CN.4/1999/33), the report of the United Nations High Commissioner for Human Rights on the activities of the Human Rights Field Operation in Rwanda (A/53/367, annex) and the report of the United Nations High Commissioner for Human Rights pursuant to paragraph 5 of General Assembly resolution 48/141 (E/CN.4/1999/9);

2. Commends the Government of Rwanda for the cooperation and assistance extended to the Special Representative;

3. Welcomes the continuing efforts of the Government of Rwanda to build a State based on the rule of law and the guarantee of respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and other relevant international human rights instruments;

4. Reiterates its strong condemnation of the crime of genocide and the crimes against humanity which were committed in Rwanda in 1994;

5. Reaffirms that all persons who committed or authorized acts of genocide or other grave violations of human rights and international humanitarian law are individually responsible and accountable for those violations;

6. Expresses concern that most of the perpetrators of the genocide and other gross violations of human rights continue to evade justice;

7. Reiterates its request that all States cooperate fully with the Government of Rwanda and the International Criminal Tribunal for Rwanda in ensuring that all those responsible for the crime of genocide, crimes against humanity and other grave violations of human rights are brought to justice in accordance with international principles of due process;

8. Notes the efforts which the International Criminal Tribunal for Rwanda has made to improve its performance and encourages further measures to enhance its efficiency;

9. Expresses its concern over the effectiveness of the witness protection programme of the International Criminal Tribunal for Rwanda and calls for the improvement of the witness protection programme as a matter of urgency;

10. Notes the indications of improvement in the human rights situation in Rwanda since the last session of the Commission, expresses concern at continued violations of human rights and international humanitarian law and urges the Government of Rwanda to continue to investigate and prosecute such violations;

11. Recognizes that the promotion and protection of human rights for all are essential for achieving stability and security in the Great Lakes region;

12. Reiterates its sympathy and solidarity with genocide survivors, commends the Government of Rwanda for establishing a fund to assist them, commends those Governments that have contributed to the fund and again urges the international community to contribute generously;

13. Takes note with great concern of:

(a) The report of the International Commission of Inquiry on the sale, supply and shipment of arms and related material in the Great Lakes region of Central Africa;

(b) The report of the Investigative Team of the Secretary-General (S/1998/581) and calls upon the Government of Rwanda to respond to this report;

14. Condemns the illegal sale and distribution of arms and all other forms of assistance to former members of the Rwandan armed forces, Interahamwe and other insurgent groups which have a negative impact on human rights and undermine peace and stability in Rwanda and the region;

15. Notes that the Government of Rwanda is regrouping scattered rural populations in the country, including in the north-west, and urges the Government of Rwanda to respect human rights principles and to do its utmost to minimize any elements of coercion in the implementation of the resettlement programme;

16. Reiterates its concern at the conditions of detention in many communal detention centres and some prisons in Rwanda, calls on the Government of Rwanda to continue in its efforts to ensure that persons in detention are treated in a manner which respects their human rights and emphasizes the need for greater attention and resources to be directed to this problem, and again urges the international community to assist the Government of Rwanda in this area;

17. Encourages the continuing efforts of the Government of Rwanda to reduce the prison population by releasing minors, elderly prisoners, prisoners suffering from terminal illnesses and suspects with incomplete files who were detained for their alleged involvement in genocide and other abuses of human rights, and reaffirms the urgent need to complete a dossier for every detainee with a view to identifying those who should be released immediately, early or conditionally;

18. Encourages the Government of Rwanda in its campaign of sensitization aimed at promoting the rule of law, respect for human rights and reconciliation;

19. Welcomes the continuation of domestic trials of those suspected of genocide and crimes against humanity and the improvements that have been made in the trial process, and encourages the Government of Rwanda, with the support of the international community, to strengthen the capacity of the independent judicial system;

20. Urges the Government of Rwanda and invites the International Criminal Tribunal for Rwanda to give utmost priority to the prosecution and punishment of crimes of sexual violence committed against women, in line with the recommendations of the Special Rapporteur on violence against women, and welcomes the decision of the International Criminal Tribunal for Rwanda to give a broad definition to acts of sexual violence;

21. Welcomes and encourages the deliberations now ongoing in Rwanda to determine new mechanisms to handle the large caseload of detainees awaiting trial on genocide and related charges in a more expeditious manner and in conformity with the law and international human rights standards;

22. Reiterates its appeal to the international community to provide financial and technical assistance to the Government of Rwanda within a mutually agreed framework of cooperation to help strengthen the protection of genocide survivors and witnesses and the administration of justice, including with regard to adequate access to legal representation, to prosecute those responsible for genocide and other violations of human rights and to promote the rule of law in Rwanda, and notes with appreciation assistance already provided by some members of the donor community;

23. Welcomes the proposal of the Government of Rwanda to ensure greater legal access of women to their husbands' and parents' property, in particular through the proposed Law on Matrimonial Property and Succession;

24. Commends the Government of Rwanda on its continued efforts to improve the situation of children and encourages it to continue further with these efforts, guided by a concern for the best interests of children, as specified in the Convention on the Rights of the Child;

25. Regrets that no agreement could be reached on a new mandate for the Human Rights Field Operation in Rwanda, which consequently led to the withdrawal of the Field Operation from the country on 28 July 1998, leaving Rwanda with no external independent human rights monitoring capacity, and encourages the Government of Rwanda to seek the cooperation of Governments, the United Nations High Commissioner for Human Rights and non-governmental organizations to provide, within a mutually agreed framework of cooperation, financial and technical support necessary for the reconstruction of human rights infrastructure generally and the effective functioning of the National Human Rights Commission in particular;

26. Welcomes the adoption by the National Assembly of Rwanda of a bill creating the National Human Rights Commission as provided for in the Basic Law of Rwanda and urges the Government of Rwanda to take speedy and appropriate action to enable the Commission to begin functioning independently and effectively, in accordance with recognized international norms;

27. Encourages the members of the National Human Rights Commission to organize as soon as possible, with the assistance of the Special Representative, a round table meeting aimed at assisting the National Human Rights Commission to develop a plan of action for the promotion and better protection of human rights in Rwanda, urges the Government of Rwanda to work with the Special Representative to facilitate this meeting and calls on the United Nations High Commissioner for Human Rights and on the international community to provide all necessary assistance within a mutually agreed upon framework of cooperation;

28. Encourages the Government of Rwanda to provide its full support to the mandate of the National Human Rights Commission to enable it to monitor human rights in the country effectively and independently, in accordance with internationally recognized norms;

29. Urges the Government of Rwanda to work with interested Governments and the United Nations High Commissioner for Human Rights to facilitate the development of a national human rights monitoring capacity, including the training of national human rights monitors;

30. Welcomes the commitment of the Government of Rwanda to promoting national unity and reconciliation, encourages the Government of Rwanda to continue its efforts in that field, commends the establishment of the National Commission for Unity and Reconciliation and urges that international support be provided to enable the Commission to achieve its objectives;

31. Recommends that the international community continue to provide development assistance for the reconstruction and long-term stability of Rwanda;

32. Commends the Special Representative for his work, decides to extend his mandate for a further year, requests him to report to the General Assembly at its fifty-fourth session and to the Commission on Human Rights at its fifty-sixth session, in accordance with his mandate, and requests the High Commissioner for Human Rights to provide him with such financial assistance as he may require;

33. Calls for close regular consultation between the Special Representative and the Government of Rwanda, the National Human Rights Commission, and all relevant national institutions, regarding the functioning of the National Human Rights Commission;

34. Recommends the following draft decision to the Economic and Social Council for adoption:

"The Economic and Social Council, taking note of Commission on Human Rights resolution 1999/... of ... April 1999, endorses the Commission's decision to extend for a further year the mandate of the Special Representative on the situation of human rights in Rwanda to make recommendations on the situation of human rights in Rwanda, to facilitate the establishment and effective and independent functioning of the National Human Rights Commission and to make recommendations on situations in which technical assistance to the Government of Rwanda in the field of human rights may be appropriate, and approves the Commission's request to the Special Representative to report to the General Assembly at its fifty-fourth session and to the Commission at its fifty-sixth session, in accordance with his mandate, and its request to the High Commissioner for Human Rights to provide the Special Representative with such financial assistance as he may require to discharge his mandate, keeping a gender perspective in mind when seeking and analysing information."

52^nd meeting
23 April 1999

[Adopted without a vote. See chap. IX.]