February 20, 1996

Mr CHAIRMAN,

The Rally for the Return of Refugees and Democracy in Rwanda (RDR), a pressure group established in April 1995 to defend interests of rwandan refugees was happy to get a copy of the report of the OAU General Secretariat on the situation in Rwanda. Ref. Central organ /MEC/MIN/"2B (v).

Given the fact that the problem of refugees is a result and source of conflicts, RDR believes that its work is compatible with the objectives of the central organ and hence wants to contribute to the resolution of the problem of rwandan refugees by giving accurate information on the situation of refugees, on the situation in their home country and by providing the views of refugees on all matters concerning the settlement of their problem.

It is in this connection that RDR would like to give its reaction on the OAU General Secretariat's report on the situation in Rwanda :

The Rally for the Return of Refugees and Democracy in Rwanda is happy that the introductory remarks to the report bring out two important issues so far ignored, namely the national nature of the rwandan tragedy and the role of the RPF in the rwandan tragedy.

i. National tragedy : The note rightly points out that "one of the most brutal tragedies in living memory was visited on the people of Rwanda, meaning the whole people of Rwanda.

It is true that people were massacred both in areas controlled by the Government and in areas controlled by the RPF.

This truth is very important in as far as national reconciliation is concerned. Rwandans and those who want to help them in national reconciliation must acknowledge the collective responsibility of rwandans in their tragedy.

The note points out that "genocide and massacres" apart from resulting in loss of lives, "led to the displacement of several thousands of people inside their own country and an exiled population of close to two million people". It is indeed important to recall that the war launched in October 1990 by the RPF led to the displacement of thousands of people, due not only to a normal war situation but more importantly due to atrocities committed by the RPF soldiers against the civilian population. Before the resumption of war in 1994, one million people, hutu mostly had been chased out of their homes. The displacement continued as the war spread all over the country. When RPF took power, some of them fled the country, others were either caught up by the RPF inside country or in displacement camps. Some of these were forcefully closed like the KIBEHO camp in which more than 5000 unarmed civilians, mostly women and children were butchered by the RPF Army in April 1995.

It is indeed important that the responsibility of the RPF tragedy be acknowledged by the OAU. The international community has so far tended to place all the blame of the rwandan tragedy on only one section of the rwandan population and leadership.

The report on security suggests that "genuine efforts" made by the Kigali government have stabilised the country let alone "occasional" outbursts of violence and a "few" cases of"isolated killings". The report seems rather concerned about external threat to RPF authority allegedly coming from armed infiltrations of the former government soldiers. To prove the point an example is given of a military expedition of RPA on IWAWA island where over one hundred people were killed.

With regard to armed infiltration, the Central organ may like to be informed that the UN has put up a commission of enquiry to look into this matter and that it may be wise to wait for results of its work than rely on the OAU report.

Assuming that security in Rwanda is not limited to the security of RPF regime but entails at it should the security of people and their property then the security situation in Rwanda is just very pathetic.

Independent international human rights organisations like AMNESTY INTERNATIONAL and important personalities like Mr S. DESOUTER and Professor P. REYNTJENS in their report of June 1995 give accounts of selective and systematic massacres of hutu civilians by the RPF army and intelligence services. Besides human rights organisations and NGOs report about arbitrary arrests and detentions, torture and disappearances of innocent civilians. In this regard, the former RPF Prime Minister, Mr TWAGIRAMUNGU Faustin has declared that he is ready to appear before any commission of enquiry to testify about more than 250.000 people butchered by the RPF since it took power in July 1994. The former RPF Central Intelligence Chief Mr MUSANGAMFURA S. goes further and declares that he is ready to testify about the death of 312.726 people killed by the RPF from July 1994 when it took power to July 1995. That cannot be said to be "isolated" cases of killings or "occasional" outbursts of violence.

With regard to arrests and conditions of detention, a Medecins sans Frontières spokesman pointed out that as many as 700 people were being arrested every week. The figure was also given by the ICRC and was again confirmed by UNAMIR reporter Mr BEDFORD in an interview he gave to the BBC in the Focus on AFRICA" programme on the 23^rd January 1996 at 20 h 35. After declaring that he had decided to leave the country for fear of his life, Mr BEDFORD revealed that about 70.000 people" were in detention and that the figure of 700 arrests per week had gone down to 300 in October November but that it has risen to 1000 towards the end of 1995. The conditions of detention according to the ICRC boss, are beyond any stretch of anyone's imagination, as between 4 to 5 people are kept in a space of one square metre. Many prisoners have had legs amputated due to rotting caused by long standing or standing in salty water deliberately poured in places of detention.

The militarisation of the country constitutes another big source of insecurity in the country. In fact military units have been deployed all over the countryside and have powers over the local civil administration. They are supplemented by a political police locally known as ABAKADA. Detached from the Centre, ill-paid and illiterate, they spread terror in the countryside. The country looks like under a foreign military occupation.

With regard to the security of property, not only have people been put before a fait accompli of a seizure of their property (houses, business, land) by former refugees and RPF officials, armed robbery by men in army uniform has gone so far as not to spare even NGOs and UN agencies. Incidents of such cases are too many to be listed here. One may only mention, the regular robberies of ICRC Offices on pay days and of UNAMIR vehicles.

The prevailing exodus of many prominent RPF officials is a clear indicator of the security situation in Rwanda as they themselves declare. One may mention, the Prime Minister, Mr TWAGIRAMUNGU Faustin, the former Minister of Internal Affairs SENDASHONGA Seth ; Mr NDAGIJIMANA J.M.V. former Minister of Foreign Affairs ; Brigadier RUSATIRA Léonidas ; the former Governor of the Central Bank, Mr NIYITEGEKA Gérard ; THE former Central Intelligence chief, MUSANGAMFURA S.; Former prosecutor of KIGALI, Mr NSANZUWERA etc ... One can believe that such well placed people would just flee the country out of pleasure.

The report on the refugees problem tries to create the impression that all is set for the settlement of the refugee problem, following "guarantees and welcome extended by the government of Rwanda to refugees " which, according to the report, has created an " enabling environment for voluntary return of refugees" and following meetings between countries hosting refugees and the UNHCR.

Once again this is a false impression based on false assumptions. The truth of the matter is that refugees cannot return as long as the reasons that led them to flee have increased. The state of insecurity characterised by arbitrary arrests and detentions, summary executions, torture, rape, looting, unexplained disappearances as described under the item on security cannot encourage refugees to return.

Furthermore, given the fact that properties of refugees have been taken over, one can hardly expect refugees to go to live in camps in their own country, where they even run the risk of being physically eliminated by those who illegally own their property. The policy has taken a new dimension that parts of the country have been ethnically cleansed and turned into tutsilands.

The absence of the rule of law and of a functioning judicial system call to memory of every refugees the conditions of detention in rwandan jails that human rights organisations consider death chambers. For one year now, no single case among the 70000 cases of people arrested has been tried, yet arrests continue.

Lack of confidence by refugees in a system in which they feel alienated and particularly in the mono-ethnic Army, which holds real power, constitutes another big obstacle to the return of refugees. It is this Army that has killed their relatives, chased them out of their property, gave it out to newcomers and is responsible for the prevailing insecurity in the country. The slaughter of more than 5000 civilians in the KIBEHO camps in April and more than 100 in KANAMA commune in September 1995, is still fresh in people's minds.

It is totally false to describe the state of insecurity in Rwanda as "an enabling environment for voluntary return". And the proof is that few people have willingly offered to return.

A glaring example of the apathy and fear of the refugee community towards the KIGALI government was manifested in Burundi, where the rwandan refugees when attacked and chased by the Burundian Army preferred to run to Tanzania than go back to Rwanda.

Verbal promises cannot in no way be considered as guarantees. Experience has shown that RPF cannot be taken on its word.

Refugees are very sceptical of the genuiness of decisions taken about their problem without their involvement.

It is quite surprising but also unfortunate that while the report deals with the refugee problem fails to say anything about the rights of refugees that are blatantly being violated, particularly the right to voluntary repatriation. It has become clear that forced repatriation under different forms, ranging from physical to psychological has taken place : forced expulsions in Zaïre, handing over of some refugees in TANZANIA to RPF authorities, the plan of UNHCR to cut economic base of refugees(preventing them from engaging in gainful employment or business), stopping educational facilities in camps and reducing water, medicine and food given to refugees etc ... These are issues that should have drawn the attention of the OAU.

The report of the OAU Secretariat is quite right in underlining the fact that the "judicial system remains far from being operational". From here the report should acknowledge that this constitutes a justifiable fear among the refugees to return home. It is quite unfortunate and very revealing of the bad faith of the Kigali government to refuse international assistance in the form of providing judges and magistrates so as to reduce over crowding in prisons, a situation which the OAU admits is of real concern.

The strong opposition by the RPF and its parliament to the offer by the United Nations to provide expatriate man power to help the Judicial system has confirmed fears on the determination of RPF to carry out justice in its own way. The public declaration of the KIGALI strongman, Major General Paul Kagame, that he would devise his own way of doing justice for those outside Rwanda who will not have been tried to his own satisfaction does not leave doubt in anybody's mind of the Justice that will be administered by those who are under his command.

The ray of hope raised in the mind of the OAU secretariat by the appointment of the chief justice and members of the Supreme Court may prove to be misplaced. In fact this important organ for a good administration of justice in the country has been too politicised to be able to ensure the independence of the judiciary. Out of the 7 heads of that important institution five are RPF activists.

With regard to the International Tribunal on Rwanda RDR endorses the OAU Secretariat in its support to the Tribunal. It is of the view that it will help to establish the responsibility of each one in the Rwandan tragedy and to end a culture of impunity.

However for this International Tribunal to be credible it must include the principles of equity and fairplay, which are part and parcel of true justice. It must also be free from external interference.

In this regard the International tribunal must identify and try all those who are responsible for the large scale massacres in Rwanda irrespective of their political and ethnic affiliation and the Universal principle of the "presumption of innocence until proven guilty" must be applied. It is on this score that it can be a real pillar of national reconciliation.

It is quite surprising that the OAU Secretariat expresses satisfaction over arbitrary arrests carried out in Zambia under the instigation of the Kigali government, before the ITR had issued indictments.

One would have expected the OAU to demand the release of people detained both inside Rwanda and outside, arrested on simple denunciation, without respecting normal legal procedures.

With regard to administration, calling the present one, a government of national unity is a misnomer in as far as such a government would have to bring together people of different political shades.

It is now clear to everyone that the RPF, the dominating political force in Rwanda, does not tolerate any views different from its own. This is why all the people, including RPF members, who have tried to criticise constructively the government have either been dismissed, or decided to flee the country to save their lives. In order to hoodwink the international community, the RPF has handpicked individuals from former opposition parties who are allied to it . They are called locally " 115% " men, meaning that they defend more the RPF policy than the founding members of RPF.

The army, real seat of power is almost exclusively not only mono-ethnic but also entirely RPF. Indeed the official name is still RPA. The civil service is now controlled, more than 90% by RPF activists. This phenomenon is equally true in the Judicial system, in parliament and even in the business community.

It is hardly understable how the OAU Secretariat which claims to follow closely the situation in Rwanda could make a report so different from the reality on the ground.

It would be tragic if it were a deliberate policy of the OAU Secretariat to cover up the truth in order to defend the Kigali regime. One plausible explanation less pessimistic, because technically easier to correct would be the strong connections between the Kigali government and the OAU Secretariat. For example Mr Gasana Emmanuel, former Head of the OAU Bureau in Brussels was rewarded the post of Director of Cabinet of the President, (a ministerial rank), Gedeon Kayinamura, former Head of the cooperation division in the OAU was appointed Ambassador of RPF to London, Mr Musinga Bandora, deputy Director of the cabinet of the OAU Secretary General, was rewarded by the RPF government of the post of Rwandan Ambassador to Germany, although this candidature was rejected by Germany he kept his post at the OAU General Secretariat; Mr Mutsinzi Jean, former Head of the legal division at the OAU, has just been appointed Chief justice.

Messers Gasana and Kayinamura held ugandan passports, Mr Bandora has a tanzanian passport whereas Mr Mutsinzi held a zaïrean passport, before RPF took power in KIGALI.

i) While, RDR supports the call of the International community to assist the International Criminal Tribunal on Rwanda, it would like to add that for that tribunal to be credible it must pursue all criminals from all sides and be free from political interference.

ii) The central Organ for the prevention, management and settlement of conflicts should in the short term, put pressure on the Rwandan government to accept expatriate qualified lawyers, judges and prosecutors in order to expedite the processing of thousands of cases of people languishing in rwandan prisons described by ICRC as death chambers. On a permanent basis, the central organ should intervene in order to stop the politicisation of the judicial system and to help in accelerating, the return of refugees so as to tap the available qualified personnel in exile.

iii) While RDR supports the OAU call for the assistance of neighbouring countries in seeking a solution to the refugee problem, it is important to point out that no viable and durable solution can be found without the involvement of refugees themselves in the process. For this reason RDR requests the Central Organ, as a matter of urgency to intervene in order to ensure that refugees are involved in whole process of searching a solution to their problem.

iv) Indeed it is true that Rwanda needs economic reconstruction ; however as indicated in point 14, of the OAU report the country has a serious shortage of manpower. One should add that 2,5 million refugees is another great asset for the reconstruction of the country. Therefore RDR requests the Central Organ to invest its efforts more in resolving the problem of refugees than appealing to the international community to give aid to Rwanda.

The greatest assistance that the international community, particularly the Central Organ, can give to the process of peace building is to put pressure on the Rwanda Government to create conditions conducive to a quick and peaceful return of refugees.

It is quite indispensable that the Central Organ helps in establishing dialogue between the Kigali governement and authentic representatives of refugees to discuss these conditions. The OAU Secretariat which was so much involved in negociations between the former government and former refugees represented by the RPF should do the same RDR on its part has made appeals for dialogue but the Kigali has always refused.

It is quite important that the Central Organ takes pains to meet refugees and hear their side of the story about the rwandan conflict.