United Nations Human Rights Field Operation in Rwanda

Introduction
From 6 April to mid-July 1994, between 500,000 and 1 million persons were slaughtered in Rwanda. 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 everyone on board, including those of Juvénal Habyarimana, President of the Rwandese Republic and Cyprien Ntyamira, President of the Republic of Burundi.

In an attempt to halt the genocide and overthrow the interim Government, the Rwandan Patriotic Front(RPF), a mainly Tutsi-led insurgent movement, fought the Rwandan military forces and militia known as the "Interahamwe" and "Impuzamugambi". The civil war led thousands of Rwandans to flee towards neighbouring countries, mostly to Zaire. By the end of the war in mid-July 1994, there were more than 2 million Rwandans living in camps in eastern Zaire, Tanzania and Burundi. Many thousands became displaced internally within the territory of Rwanda. The (RPF) succeeded in gaining control over the capital on 4 July, stopped the genocide and established a new Government. The new Government was then confronted with the immense task of restoring law and order and reconstructing public and economic institutions.

In addition to the genocide, the armed struggle between the (RPF) and the forces of the former Government of Rwanda itself claimed many victims. The destruction wrought by this immense violence not only traumatized the people of Rwanda, but almost completely destroyed the infrastructure of the country. Upon its accession to power, the Government began to arrest and detain those whom it suspected were responsible for participating in acts of genocide or other serious violations of international human rights and humanitarian law. However, the Rwandese administration of justice system had been rendered completely ineffective, and 80% of its personnel, including judges and magistrates, killed. It remains essential that the perpetrators of the genocide and associated crimes be prosecuted fairly and effectively, which requires the rehabilitation of the justice system and vigilance on the part of the international community to ensure that such trials conform to international fair trial standards, a task HRFOR intends to fulfil.

The High Commissioner for Human Rights, who had assumed office on 5 April 1994, only one day before the outbreak of hostilities in Rwanda, acted immediately to spur an urgent response from a wide range of UN agencies and mechanisms of the Commission on Human Rights, the Organization of African Unity and the NGO 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. The High Commissioner himself visited Rwanda the same month.

At the special session of the Commission, which was held on 24 and 25 May, the High Commissioner urged the Commission to appoint a Special Rapporteur on Rwanda to examine all the human rights aspects of the situation, including the root causes of and responsibilities for the atrocities (see document E/CN.4/S-3/3 of 19 May 1994). The High Commissioner also proposed that the Special Rapporteur should be supported by a field operation, staffed with specialists to investigate the genocide as well as other serious breaches of international human rights and humanitarian law, to monitor the ongoing situation, to deter human rights violations, to encourage refugees and internally diplaced persons to return to their communes of origin, and to assist the Government of Rwanda in the rehabilitation of the justice system.

Commission of Experts

Parallel to the action taken by the Commission on Human Rights, on 1 July, 1994, the Security Council requested the Secretary-General to establish urgently an impartial Commission of Experts to examine and analyze information concerning responsibility for serious violations of international humanitarian law committed in Rwanda, including genocide (see resolution 935 of 1 July 1994). In his report to the Security Council of 26 July 1994, 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 (see document S/1994/879). The Commission carried out two visits to the field. During these visits, the Commission of Experts had the assistance of HRFOR, which had already carried out investigations on the genocide as well as other serious breaches of international human rights and humanitarian law. The two reports produced by the Commission of Experts on Rwanda stated that both sides to the conflict were responsible for "crimes against humanity" as well as violations of article 3 common to the four Geneva Conventions of 1949, and the relevant provisions of the 1977 Additional Protocol II thereto. The Commission qualified in very clear and unambiguous terms the mass killings as constituting "genocide" within the meaning of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. The Commission of Experts recommended to the Secretary-General that an international criminal tribunal be either created for Rwanda or that the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia be expanded to cover international crimes committed in Rwanda. Following the Commission of Experts' recommendations, the Security Council, in its resolution 955 of 8 November 1994, created the International Tribunal for Rwanda to prosecute those responsible for having committed 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.

Field operation

In response to the urgent need to foster full observance for human rights and the rule of law in a country devastated by genocide and civil war, and in response to the pressure from the international community to respond as rapidly as possible, a first group of human rights observers was deployed in July 1994. An Agreement between the High Commissioner and the Government of Rwanda was concluded in August 1994, whereby the status and mandate of the Field Operation was defined. In accordance with the Agreement, more observers arrived in Rwanda, and were gradually deployed throughout the country. Initially, there were several serious constraints on account of the financial uncertainties resulting from the Operation's complete reliance on voluntary contributions. However, thanks to the support of certain donor countries and international organizations, HRFOR has been able to carry out a broad range of activities in human rights protection and promotion. HRFOR is the first human rights field operation to be run under the authority of the High Commissioner for Human Rights.

Mandate

The Agreement between the High Commissioner for Human Rights and the Government of Rwanda was designed to meet not only the most immediate and pressing needs, but also to put in place medium-and long-term initiatives to promote sustained assistance to the people and Government of Rwanda in respect of human rights protection and promotion. The objectives and functions of the operation are defined in the Agreement 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 such violations through the presence of human rights field officers; (c) cooperating with other international agencies to re-establish confidence and facilitate the return of refugees and IDPs and the rebuilding of civil society; and (d) implementing programmes of technical cooperation in the field of human rights, particularly 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 the Rwandese society.

A. INVESTIGATING THE GENOCIDE

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 this end, a special investigation unit was established to gather evidence which might otherwise have been lost or destroyed, to be turned over to the prosecutor if and when an international criminal court was set up. Following the Security Council's decision to create the International Tribunal for Rwanda, it took several months before the Tribunal could become operational, during which time HRFOR continued its genocide-related investigations. While the work of the human rights field officers 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 HRFOR to collect evidence. Teams of experts from the Netherlands, Norway, Spain, Switzerland, and the United States, undertook special investigations into acts of genocide, including a comprehensive survey by forensic experts of massacres 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 assist in this work at many stages of the process, under the guidance of the expert investigators. The Operation has also benefited from outside support contributed to the investigation on an ongoing basis, particularly by the United Nations Assistance Mission for Rwanda (UNAMIR).

All the information gathered was regularly forwarded to the High Commissioner for Human Rights, who then transmitted 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 Criminal Tribunal for Rwanda on 2 April 1995 in Kigali. The High Commissioner had several meetings with the Prosecutor of the Tribunal, during which he offered whatever services HRFOR could usefully provide to the Tribunal. HRFOR continues to work with the Tribunal, in particular, following the commencement of the trials in Arusha, Tanzania, by the International Tribunal against some of the main perpetrators and/or instigators of the genocide in Rwanda and the killing of witnesses of the genocide following a massive return of refugees from Zaire and Tanzania.

HRFOR has given assistance to the Government of Rwanda in the preparation and organization of its International Conference on Genocide, held in Kigali from 30 October to 5 November 1995. HRFOR also assisted the Government's Inter-Ministerial Commission for the Memorial of the Genocide and will continue to assist Rwanda's efforts to commemorate the genocide in appropiate ways.

B. MONITORING THE HUMAN RIGHTS SITUATION AND ASSISTING IN THE CONFIDENCE- BUILDING PROCESS

Monitoring and reporting on the current human rights situation are 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 that immediate action is taken. The Government of Rwanda fully recognizes that respect for human rights is a prerequisite for genuine confidence-building and national reconciliation.

The monitoring and confidence-building process involves bringing to the attention of the Rwandese authorities any human rights violations that are 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, UN agencies and intergovernmental and non-governmental organizations.

Refugees and internally displaced persons

One of the consequences of the war was the exodus of more than 2 million people from Rwanda to neighbouring countries and several thousand displaced within the country's borders. HRFOR has played an important role in the repatriation and resettlement of both IDPs and refugees and continues to play this role as refugees continue to return to Rwanda. In this context, HRFOR coordinates its activities closely with the UN High Commissioner for Refugees (UNHCR). A memorandum of understanding between UNHCR and HRFOR has been concluded, building on already existing cooperation and designed to reduce duplication of efforts as each agency seeks to implement its mandate. HRFOR attempts to ensure that basic human rights are not violated at any stage of the return, resettlement and reintegration process, through: monitoring of conditions at principal frontier crossing points, transit centres, detention centres and monitoring all aspects of reintegration into the home communes. In this connection, HRFOR evaluates the state of readiness of the home communes to determine whether they are in a position to receive returnees, and assists these communes in the resettlement process. Once the returnees have been resettled, HRFOR monitors the subsequent treatment and security of resettled returnees.

Conditions of detention

Another priority for HRFOR is the serious situation in prisons and local detention centres. As of the end of January 1997, there were over 92,000 persons in detention centres throughout the country. Many prisoners have been forced to stand for lack of room. There have been many deaths and serious illnesses due to the severe overcrowding.

HRFOR undertakes regular visits to prisons and detention centres in order to monitor conditions and make proposals for their improvement. Regular visits have also proved useful in identifying specific cases of concern which have been brought to the attention of the authorities.

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 without regard to the procedures laid down in Rwandan law and the evidence against them is not recorded in any dossier. HRFOR seeks to promote respect for the legal procedures governing arrest and detention and to ensure that these procedures conform to international human rights standards. HRFOR has also sought to expedite the processing of cases by the competant bodies at the same time as it assists the rehabilitation of the judicial system.

C. HUMAN RIGHTS PROMOTION AND EFFORTS TO REHABILITATE THE RWANDESE SYSTEM OF JUSTICE

After the genocide Rwanda was left with few judicial officials and an infrastructure that had been substantially destroyed. The re-establishment of the administration of justice is 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 is the fostering of a strong human rights culture at all levels of the Rwandan society.

HRFOR 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 HRFOR to understand the 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 system of justice. Three legal experts have worked with the Ministry of Justice, and HRFOR developed, in cooperation with the Ministry of Justice and UNDP, a plan to deploy 50 foreign legal experts to assist the Government in restarting all essential functions of a judicial system. HRFOR within the framework of a working group comprised of UN agencies, NGOs and the Rwandan Government, presented in October 1996 to the Rwandan authorities, a project to ensure that the right of defence in the genocide trials is respected. Specifically, this project provides for the training of a group of foreign lawyers and Rwandan citizens who would be willing and able to act as defence counsel for individuals indicted for acts of genocide, as well as to assist victims or survivors of the genocide to file their civil claims. The project is still under review by the Government of Rwanda.

HRFOR 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. HRFOR participates in training at the National Gendarmerie School in Ruhengeri, and has prepared training seminars for the gendarmerie and the Rwandan Patriotic Army on the role of the armed forces and law enforcement officials in the protection and promotion of human rights. HRFOR has also participated in training teachers, individual measures of non-governmental organizations and Rwandan authorities on techniques of human rights promotion.

HRFOR has organized 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 role 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. HRFOR has worked closely with a number of Rwandan NGOs, and has promoted human rights standards and awareness through radio broadcasts, theatre plays, song and poster competitions, newsletters, sign-boards and human rights clubs.

Structure

As of the end of January 1997, HRFOR had over 130 human rights observers deployed in Rwanda. The personnel of HRFOR is comprised of staff recuited by the UN, UN Volunteers, staff contributed by the European Union, as well as persons recruited on Special Service Agreements between the Office of the High Commissioner for Human Rights and certain Governments or NGOs. HRFOR has 11 offices covering all 12 prefectures of Rwanda. The offices are located in the prefectures of Butare, Byumba, Cyangugu, Gikongoro, Gisenyi, Gitarama, Kibungo, Kibuye, Kigali Ville, Kigali Rural and Ruhengeri. The office in Byumba also covers the recently created prefecture of Mutara.

Following the tragic murder of five HRFOR staff on 4 February 1997, in Cyangugu prefecture, human rights observers have been recalled to Kigali and regional offices have been temporarily closed. HRFOR, together with other UN agencies, is continuously reviewing the security situation. The High Commissioner, during his last visit on February 1997, soon after the attack on the HRFOR personnel, has clearly stated that the mission will continue to carry out its mandate in Rwanda, and that security measures will be enhanced.

Funding

With the exception of six staff members who are financed by the UN regular budget, HRFOR operates on the basis of voluntary funding from donor Governments and intergovernmental organizations such as the European Commission, which has provided and fully supported logistically a team of human rights field officers integrated fully into HRFOR. Similar arrangements have been concluded with a few other contributing Governments. It should be noted that all other human rights field operations comparable in scale to HRFOR - those in El Salvador, Cambodia, Haiti and Guatemala - have been able to rely on funding from the regular or peace-keeping operation budgets of the United Nations.

Summary of the estimated requirements for 1996

(in US Dollar)