RALLY FOR THE RETURN OF

REFUGEES AND DEMOCRACY IN

RWANDA

R.D.R

4, RUE A. CLUYSENAAR

1060 BRUXELLES

BELGIQUE

Tél: 32-2-5348035 Fax: 32-2-5348053

7, RESIDENCE MONTESQUIEU

49000 ANGERS

FRANCE

Tél/Fax: 33-41489987


MEMORANDUM TO THE REGIONAL HEADS OF STATE SUMMIT ON THE SITUATION IN EASTERN ZAïRE.

 

NAIROBI,  NOVEMBER 5, 1996

 

INTRODUCTION

The Rally for the Return of Refugees and Democracy in Rwanda (RDR) would like to express its deep gratitude to the President of the Republic of Kenya, His Excellency Daniel T. ARAP MOI for his deep concern and sympathy to the suffering of millions of rwandan refugees. It would also like to thank the Heads of State and of Governments who have responded positively to the call of His Excellency President Daniel T. ARAP MOI to study ways and means of saving lives of millions of refugees and finding a lasting solution to the present refugees crisis.

1. THE CURRENT SITUATION

Attacks on refugee camps by rwandan and burundian troops which started in early October 1996 have left thousands dead and bodies are already floating in Rusizi river and Lake Tanganyika. The rest are facing sure death by starvation, exhaustion, and lack of medicine. Some 500.000 refugees in South Kivu have been without food, water or medicine for 15 days. Another 700.000 refugees in North Kivu, around Goma, are facing the same fate.

It is important to point out that besides refugee camps, the only routes supply from Tanzania and Uganda became targets of Rwandan and Burundian troops. The closure of these routes has imposed a de facto embargo on Eastern Zaire.

In order to complete the blockade of all supply routes to refugee camps in Eastern Zaire, RPF and allies are moving to capture the airports of BUTEMBO, BUNIA and KISANGANI, on top of GOMA and BUKAVU, that are already out of use.

The present crisis is a well planned strategy being jointly carried out by the burundian and rwandan governments with full knowledge and blessing of Uganda and on advice of their supporters as a means of getting rid of what they call "refugee threat".

As a cover up, local agents, the so called Banyamulenge and obscure opposition forces are used to make the situation look like an internal Zairean war, sparked off by gross violations of human rights and dictatorship. The same scenarios and strategies were used to justify the invasion of Rwanda by the RPF in October 1990.

Tribal clashes in Zaire which resulted in the expulsion of some tutsi in MASISI and hostilities against Banyamulenge in South KIVU must be placed in the general perspective of the techniques of taking power by the tutsi.

Indeed during the pre-colonial period in the process of state formation during which the Rwanda kingdom was at war in competition with other kingdoms for regional hegemony, the king, in order to provoke war against a weak neighbour, would send an impolite emissary, sometimes a prince called MUTABAZI to insult that neighbour. He would not mind the risk of being killed. Any reaction of that weak neighbour would be enough cause to start a war.

In the framework of this tutsi strategy , the RPF, well aware of the explosive situation in Rwanda, assassinated late President HABYARIMANA, just to provoke killings and thus justify the resumption of war and seizure of power.

Similary,the tribal clashes in MASISI and UVIRA region are part of the same strategy. They were insidiously provoked by the RPF government to justify the present war in Zaire in which it is the main beneficiary; that is getting rid of refugees and establishing a satellite administration in Kivu province and why not in the whole of Zaire.

 

2. THE TRUE NATURE OF THE PROBLEM

A.Genesis

Since RPF took over power in Rwanda, the problem of refugees, that was yet a corner stone of the protracted Arusha negotiations claimed by RPF has been dumped in the dust bin. At one time, the strongman of Kigali, major general Kagame Paul declared in an interview with a belgian paper "Le soir" that the problem of refugees had ceased to be his concern.

But if the repatriation of refugees was indeed the least concern of RPF government, their harassment through physical elimination, kidnapping, raids in camps, intimidation, character assassination, blackmailing etc ..., has been a permanent feature in its foreign policy, and the deadly DMI( Directorate of Military Intelligence ) and ESO( External Security Organisation ) were specifically assigned the duty of implementing this battery of measures.

A special hit squad force of 600 men was set up for this sole purpose. It is the one rerrorising neighbouring countries that are accomodating rwandan refugees.

Faced with a growing discontent inside the country following the infamous anti-insurgency operations launched in April 1996 throughout the country, and the refugee deadlock, RPF was advised to shift the battle field to neighbouring countries accommodating refugees, so as to divert the attention of the international community, from its failure to fulfil its pledge of bringing sanity to the war torn country.

But such a sinister adventure could have not successfully been undertaken, without a massive and well orchestrated campaign, demonizing refugees.

 

B. Smearing campaign against refugees.

 

Hence, throughout this year, RPF manufactured and widely circulated lies, about an invasion of Rwanda by refugees. Even the UN fell prey to this scheme, and passed a number of resolutions giving RPF free hand in as far as stock piling arms was concerned, while tightening the noose around the neck of refugees.

The latest trip of Major General Kagame Paul to South Africa and Israel was purposely for arms shopping.

One could hereby strongly condemn the South African decision of selling arms worth more that 18 millions US dollars, to RPF while knowing very well that the situation in Rwanda is very volatile. This is adding fuel to fire.

South Africa should know that 18 millions US dollars is not worth the blood of innocent hutu that is going to be shed by those arms.

On top of threats to freeze the relief operations meant for refugees, a media campaign was launched, blaming refugees for the stalemate in the repatriation, deporting and/or putting behind bars imaginary scapegoats, nicknamed intimidators, who are nothing but opinions leaders and intellectuals.

But all this yielded no tangible fruits and a final solution was worked out, consisting of destroying simply the camps, and driving out refugees, under the gun.

To spearhead this campaign just a few days before the raids, two newspapers close to RPF, the Express of Tanzania, and the Uganda government owned paper, the New Vision, published article calling openly on the international community to attack Goma Camps.

For three days, (19th, 20th, and 21st October 1996) the New Vision ran a series of articles published in the Express of Tanzania by a well known RPF propagandist Mr Karim Essack shamelessly, calling upon the international community to"squeeze GOMA to solve the central Africa warfare". He went on to advocate for the "cleansing, of the camps" so as to stop the blood letting.

The author, who would not hide his bias towards tutsi internationalism, stretched his imagination to artificial bounds, by stating that the CNDD, which waged a war after the assassination by the Burundi tutsi army, of a democratically elected hutu President, the late Melchior Ndadaye, is a wing of MRND party of late President Habyarimana, assassinated by RPF tutsi led rebellion.

He arrogantly wound up his article by declaring that"peace will be restored in Central Africa, only if the source of pollution(i.e refugee camps), is cleaned up"

Far from being a slip of tongue, by a fanatic journalist, this has been a message spread all over the world, by a powerful lobby.

Yet, everybody knows that the chaos in Rwanda started way back in october 1990, with the invasion of Rwanda by Ugandan backed RPF and not after the exodus of 1994. The displacement of people started at that time and by February 1993, there was a million refugees, in the outskirts of Kigali town, fleeing RPF atrocities.

Consequently, what is the source of pollution ? Is it Goma that accommodated victims of RPF war, or RPF that engineered the exodus and is still manufacturing refugees ?

 

C. Sequence of events

Since late September 1996, over 1.5 million rwandese refugees in Eastern Zaire, are going through a nightmare, never witnessed in any other area of the world, since the inception of the UNHCR.

Indeed, they are ever since targets of cross border raids from the Rwandese Patriotic Army, and its satellite rebellions in eastern Zaire.

While in Bosnia, Liberia, Irak, Somalia, just to mention but a few, the international community promptly responded to similar tragedies, by creating safe zones for refugees, the plight of those hutu refugees does not seem to move the champions of human rights.

C.1. Early warning signals

On June 17, 1996, tipped off by a highly placed source in a neighbouring country's security network, RDR warned of a looming attack on rwandese refugee camps in Eastern Zaire, by a combined force drawn from Uganda, Rwanda and Burundi.

Although all the evidence of rehearsal exercises was visible, no step was taken to avert let alone dissuade this satanic plan.

Instead RPF lobbies outside blew out of proportion the ethnic strife in neighbouring Masisi, making sure that hutu refugees are dragged in as trouble makers, so as to deny them any sympathy in the wake of the impending attacks.

This plot worked perfectly well and nobody dwelt any longer on the threat.

Even after the 21st September clash between a Zairian patrol and Banyamulenge infiltrators from Rwanda and the subsequent tracts by Banyamurenge and Bangilima in the north, threatening to unleash terror on Hutu refugees camps, nothing was done to prevent it and as a result, 1.5 million refugees are now between death and life, at the mercy of the very RPF hardliners they had fled.

 

C.2. Attacks on refugee camps

Early October 1996, a combined force of RPA, and Banyamulenge attacked the camps of RUNINGO in UVIRA, and sprayed it with bullets. A number of refugees were killed or wounded, while others run in disarray in the surrounding hills, where they were pursued by Banyamulenge up to a distance of 90 kms. Those whose legs could not carry them farther were summarily executed and their bodies thrown into Lake Tanganyika.

A few days later, a neighbouring camp was also attacked sending all its residents in pandemonium.

At the same time, a local hospital, Remera, was attacked. Rebels selectively killed all Hutu refugees who were admitted at that hospital.

While heading further north, a column of fleeing refugees was intercepted by an RPF force from BUGARAMA-CYANGUGU at KAMANYOLA, after the bridge. A number of them were shot dead, while others run further West. The strategy was to corner them towards the border with Rwanda and thereafter drive them like cattle inside at gun point.

On 26th October 1996, the camp of Kibumba was besieged by RPA gangs. On 25th, the camp has been intensively shelled by RPA troops stationed across the border, in Mutura commune, Gisenyi district, before the final assault. This prompted all the residents to abandon the camps. Some of the fleeing refugees were intercepted by RPA and herded like cattle back to Rwanda through Mutura Commune.

On 27th October 1996, the camp of Katale was attacked by elements from Uganda, supported by local Bangilima rebels. A few days earlier, the camp of Kahindo had been attacked.

From this account, it is clear that since the out break of the insurgency, rwandese refugee camps have been hit more than any military target in Zaire.

One would therefore conclude that the hidden agenda of all cross border incursions is aimed at emptying refugees camps, to avoid the use of the embarrassing "cessation clause" of the UNHCR statute suggested by the USA delegation during the just concluded UNHCR 47th session .

 

3. RESPONSE OF THE INTERNATIONAL COMMUNITY

 

So far the response of the international community has been disappointingly lukewarm.

(a) WFP

Soon after the first incursion of Banyamurenge in late September 96, the WFP announced that it was re-routing its relief food from Dar-Es-Salaam via Kigoma and Uvira, to Mombasa via Uganda and then Goma. No sooner had it been announced that the border entry of Bunagana was attacked from Uganda. The remaining option was to airlift relief using GOMA or BUKAVU airports.

After the very first attack on Nyangezi, 30 km south of BUKAVU airport, by Banyamurenge rebels and the intoxication that ensued, WFP dropped the idea without offering any other option . Ever since, nearly half a million refugees have gone without any food relief.

(b) UNHCR

Chap 1 of the UNHCR statute states among others that the latter"shall assume the function of providing international protection to refugees"

In the current tragedy in Eastern Zaire, even if the UNHCR may have been perturbed by the magnitude of the violence meted against refugees, evidence suggests that it may be pulling the strings from behind.

1. In as early as September 1995, UNHCR worked out a plan of forced repatriation of Rwandese refugees. The ten page document referenced RWA/GEN, listed a number of actions, to be undertaken, in order to force refugees back home. Although UNHCR at first disowned this document, by February 1996, all the actions listed had been implemented without any modification.

2. During the 47 th session of the UNHCR in Geneva, the US delegation tabled a resolution calling for the use of "the cessation clause" against rwandese refugees. Although UNHCR did not endorse fully the proposal, it declared however that it had in pipeline an alternative plan.

3. When skirmishes between Banyamurenge and Zairean troops spread to UVIRA town, UNHCR was the first humanitarian agency to evacuate its staff, leaving ICRC to battle it alone.

4. When the fighting reached Nyangezi and Kamanyola, UNHCR declared that it had run short of relief because of the closure of BUKAVU-UVIRA road and advised refugees to cross back home and be assisted there, claiming that there was enough logistics in Rwanda. Since the nearest UNHCR reception centre was just across the Rusizi river, what could have stopped UNHCR from bringing some relief food from those stocks since there was no fighting between Cyangugu and Bukavu ?

5. Later on, on Saturday 26th October 1996 UNHCR claiming an imminent assault on the town of Bukavu, evacuated all its staff from Bukavu area, leaving nearly 500.000 refugees agonizing with fear, thus sowing panic among other aid workers. It took over two weeks for the RPF led troops to overrun the town.

Surely, was UVIRA and let alone BUKAVU more risky that SOMALIA and Bosnia at the height of their civil strives, where UNHCR never pulled out ?

6. After the attack on Kahindo camp and the siege of Katale, UNHCR broke its silence and openly encouraged refugees to go home. Even after the attacks on Katale and Kibumba on 27th and 26th October respectively by none other than RPA from MUTURA-GISENYI, UNHCR intensified its efforts to drive refugees out of Zaire. More so, the attacks on Kibumba was sarcastically exploited, UNHCR claiming that between 5000 and 10.000 refugees had "voluntarily" crossed into Rwanda through Mutura commune. Yet, those poor refugees were herded at gun point by RPA from their camps. Besides they crossed with zairian nationals mistaken for hutu refugees. How could over 1.000 zairian nationals including a local administration officer have volunteered to cross into Rwanda instead of going to GOMA ?

7. While the RPF intention of wiping out hutu refugees is now becoming crystal clear, the UNHCR is still calling for the creation of safe corridors, in order to repatriate refugees back to Rwanda.

The UNHCR has thus failed to fulfil its mandate of protecting refugees under its care. RPF has attacked and killed refugees before, in Kibeho (Rwanda) in April 1995, when more than 8000 displaced people were butchered under the nose of UN blue helmets, Burundi in July-August 1996, and now in Zaire, and perhaps in Tanzania tomorrow.

 

(c) UNITED NATIONS

Although the Zairian government filed a case against Burundi and Rwanda in the security council, no condemnation, let alone a warning to Burundi and Rwanda was issued. All was done as if Burundi and Rwanda were implementing a wide conspiracy. The only step forward suggested by the UN Secretariat is the convening of an international conference on the Great Lakes Region. But the idea is likely not to materialise, given the fact that the countries that blocked the previous similar initiative i.e Burundi, Rwanda and Uganda will not just sit on the fence.

Besides, given the magnitude of the tragedy, the conference would be too late and perhaps too little in averting the disaster. What is most needed now is an emergency plan to save the refugees from starving and being thrown in Rwanda at gun point.

 

(d) EUROPEAN UNION

The EU is the only body that took a bold stand, not only against the invasion of Zaire, but also against the slaughter of innocent refugees. In this connection, refugees are very grateful for the EU Commissioner for humanitarian affairs, who boldly warned of a disaster if raids on camps are not stopped.

(e) NGOS

It is extremely disappointing that many non governmental organisation including human rights organisations (AFRICA RIGHTS, HUMAN RIGHTS WATCH etc...) have not raised any finger to condemn the deliberate plan of RPF to exterminate refugees including women, children and the elderly. Even the floating dead bodies in Rusizi and Lac TANGANYIKA reminiscent of the terrible sight in Lac Victoria in 1994 that was wholesale attributed without any investigation to hutu militiamen, has not moved them. Yet, all the bodies are bearing Kandoya torture style, a trade mark of RPF/RPA.

 

(f) THE MEDIA

A cross section of the media has so far distinguished itself by towing the line of the RPF and its sponsors. It is always trying to portray the erroneous image of an oppressed group (Banyamulenge) and of democratic forces fighting for their rights. They never bring to the attention of the public the fact that the whole issue is a plan of the tutsi minority regimes in Rwanda and Burundi with the blessing of Uganda to anihilate hutu refugees and thus ensure an unchallenged grip on power.

 

4. WHY REFUGEES ARE SO RELUCTANT TO GO HOME?

On 7th January 1995, a regional summit on Rwanda was held in Nairobi.

The Summit deliberated at length on the situation in Rwanda, with special emphasis on the question of refugees.

Item nº 5 of the "communiqué" that was duly endorsed by the President of Rwanda, called for "the deepening of the effort of broadening the administration, in the spirit of the Arusha Peace Accord and further urged the government/Army of Rwanda, to put in place additional confidence building measures to encourage voluntary return of refugees".

In February 1996, another regional conference was held in Bujumbura and recommended similar steps in creating a conducive atmosphere for the return of refugees.

Although the rwandese delegation had endorsed the communiqué, nothing was done to dispel the prevailing mistrust between RPF and millions of refugees. To the contrary RPF intensified its raids on refugee camps in Burundi and Zaïre, and went on to organise terrorist attacks on refugees in Kenya. So far 5 incidents have been recorded, the latest being the assassination on 6th October 1996, of two prominent refugees among which late Col LIZINDE Theoneste, former RPA senior army, whose sole crime was to have defected from RPF and threatening to expose RPF atrocities.

While property of refugees are still in the hands of RPF agents, the judicial system is yet to take off, despite the over 100.000 inmates languishing in deadly jail, for over 2 years now.

The insecurity is spreading all over the country and RPF is busy inventing new torture styles.

With regard to the sorely needed broadbased administration, there is still a long way to go.

Although RPF propaganda states that the Arusha Agreement remains the pillar of its policy, the so called broad based government is just a myth.

After taking over power,the first step was to exclude what was perceived by RPF as the most dangerous protagonists to its power i.e MRND Party and the Rwandese Government Forces (RGF). Under this cover, all members of the anti-RPF factions of MDR, PSD, and PL, as well as other small political parties were also excluded, bringing in a government representing a very tiny fraction of the population.

No wonder that RPF has up to now a narrow political base and relies on intimidation and violence to maintain itself in power and has ruled out any chance of holding elections.

By accepting this "fait accompli" of RPF, the international community gave a licence to RPF to eliminate physically or exclude from the governance of the country, any potential opponent. Indeed, for anybody to be labelled militia or "Interahamwe", whichever party he belongs to, is enough to be arrested and detained without arousing international indignation.

Those who managed to escape and run to camps inside or outside the country are considered criminals and the international community seems to take it the way RPF wants it. All rwandan refugees are now ostracised and crippled in their camps because hardly any country allows them entry into its territory.

This creates a very painful psychological torture which amounts to another form of genocide.

For the moment, even those hutu who have joined RPF government are figure heads. For instance, the current Prime Minister is not only powerless, but has no credibility among the few party supporters remaining in the country.

Power sharing had also meant the merger of the two warring forces. This didn't take place and former RGF are now in exile. Even those who defected to RPF are so much distrusted that they have no right to carry arms or move freely. Most of them are still confined in RUBONA camp where they live like inimates. We are told that half of the officers are already behind bars and, Col. Gatsinzi and Ndibwami excepted, no more hutu has been nominated in the military High Command of the so called national Army.

Besides, all but two members of the High Command are former Ugandan army officers. Real power is exercised by this core group of former Uganda's NRA officers .

 

5. THE REFUGEE CRISIS : PROPOSALS FOR A BREAK-THROUGH

 

The solution lies entirely in the hands of RPF regime. Indeed, rwandese refugees on their part have always pledged their readiness to give their contribution through a genuine political dialogue. The latest appeal for dialogue was made in July 1996, just before RPF finalised its plan for the violent dismantling of the camps. It is up to RPF regime to reciprocate this gesture of goodwill by putting in place the minimum confidence building measures . The latter should include:

1. Vacate and free immediately and without condition, property held illegally, without waiting for the return of their rightful owners. Indeed, the inviolability of private property is underpinned by a legal principle in the Universal Declaration of Human Rights and has been endorsed by the Protocol on the rule of law signed in Arusha on 18th Aug 1992, under art 1, chap 1. In this connection, a legal instrument should be put in place by government to deal with defaulters.

2. An end to the climate of insecurity, summary executions, arbitrary arrests and detention, torture and unexplained disappearances of innocent civilians carried out by the Rwandese Patriotic Front, as reported by report by a number of prominent personnalities, human right organisations, NGOs, and newspapers.

3. Immediate and unconditional release of people detained illegally, and opening the cases of those who may have charges.

4. Removing soldiers from the countryside where they are a source of terror and insecurity and confining them in barracks

5. The formation of a broadbased government , that includes all political forces and shades of opinion representative of refugees as recommended in item 5 of the joint communiqué of the regional summit on Rwanda held in Nairobi on 7th January 1995, and an end to the policy of ethnic exclusion.

6. Formation of a national Army including elements of the Rwandese Patriotic Front and of the former Rwandese National Army now in exile.

7. Establishing a transitional Parliament that includes all political forces and shades of opinions representative of refugees.

8. Reorganise as soon as possible the judicial system and make it capable of safeguarding the rule of law;

9. Reassure civil servants of their reintegration and enjoyment of their full benefits once they return to the country. In this connection, a legal or statutory instrument should be adopted clearly showing that there will be no area where they would be automatically excluded in the true spirit of the Arusha Peace Accord.

10. Undertaking a firm commitment on allowing political pluralism by lifting the ban on normal political party activities in the country and the freedom of speech. In this connection the national radio should cease to be the mouth piece of the ruling RPF political movement.

 

11. Set a timetable for local, parliamentary and presidential elections within a period not exceeding two years after the formation of a government that includes all political forces and shades of opinion that represent refugees.

This set of actions is the only way to avoid the recurrence of any more suffering for the rwandese people.

 

Regarding the present tragedy in Eastern Zaïre, RDR earnestly recommends the Regional Summit to take the following steps :

1. To condemn unequivocally the attacks of refugees camps by the RPF Army and its allies, and to condemn particularly the mastermind of the present tragedy, Mr Paul Kagame, the strong man of Kigali and Rwanda Defence Minister.

2. To put in place mechanisms to create security for the supply of food, water and medicine to refugee camps

3. To condemn the destabilising internationalist adventures of the tutsi in the sub-region.

4. To reject any proposal that wants to force refugees back to their torturers who are right now shooting at them.

5. To support the idea a humanitarian military intervention to protect supply routes to refugee camps and camps themselves.

6. To invite the UNHCR to do its duty of protecting refugees instead of involving itself in non humanitarian issues.

7. To support a regional conference on the Great Lakes countries to examine the political causes of the crisis which is essentially the issue of power sharing and security.

8. To condemn the Kigali regime for its aggression against the Republic of Zaire.

9. To call on all countries to stop arms sales to the militarist and aggressive RPF regime. In this connection, South Africa should be deterred from supplying the arms already ordered for by major general Kagame Paul during his latest visit to South Africa. The threat of a forced refugee come-back brandished by RPF regime is not only a figment of its imagination. Even if that was the case this can be averted if all refugees are repatriated quickly, peacefully and in dignity. The stockpiling of arms will just escalate the crisis rather than easing it.

10. The summit should send clear and unequivocal signals to RPF regime, that unless it behaves in a civilized manner and stops forthwith exporting its terrorism to neighbouring countries accommodating refugees, it risks getting the same treatment as the military junta in Burundi.

After all, in all fairness, the current burundi military junta is even much more clean and democratic than RPF.

But above all, RDR reiterates that no durable solution to the crisis will be achieved, so long as representatives of refugees will be shut out from fora dealing with their problem.

The Honourable Heads of State and delegations are therefore requested to impress upon RPF government the need of a dialogue with refugees.