November 15, 1996

On the eve of the deployment of an international force in Eastern Zaïre whose mission is primarily humanitarian, the very forces that were at first reluctant to the idea of coming to the rescue of Hutu refugees, are trying to derail it by exhorting it to embarks, as a matter of priority to the witch hunting of so called militia and hutu extremists.

This was hinted on by the OAU Secretary General during his interview on BBC Focus on Africa on 14^th November 1996, an by OXFAM whose allergy to Hutu refugees is well known.

The proponent of this campaign target the refugee camp of Mugunga, accused of being a strong hold of resistance to the RPF backed rebels in Eastern Zaïre.

Surprisingly all those who champion this campaign rely solelyon reports either by RPF government or by rebels and none of the journalist who filed such stories has ever crossed the fooutline to ascertain who is shelling GOMA town.

The only face that shells are coming from the "direction" of Mugunga camp in no evidence that it is the work of refugees, because Zairean troops have the liberty to set their artillery in any area of their territory including Mugunga hills.

Those who incite the international force to witch hunt refugees as a matter of urgency are therefore misadvised because the whole saga in eastern Zaïre was not engineered by refugees, but by those who murmured for a long time the idea of wiping them out and who proved their barbaric record in the wanton shelling and raids on their camps. refugees are victims of circumstances, they are not the source of trouble.

With regard to the whole issue of "intimidation" that has been used as a scapegoat to explain the failure of the voluntary repatriation, RDR would like do re-state its position over the same in the refugee crisis. The international exposure during the Cairo conference on the Great Lakes Region held on November 28-29, 1995 under the sponsorship of Carter Center. Under pressure from Uganda and Rwanda who could not explain otherwise their failure of RPF to implement the Nairobi plan of action geared towards facilitating the smooth repatriation of refugees that was agreed upon in Nairobi on 5^th January 1995, and which had been duly endorsed by rwanda's delegation. the Cairo Declaration called on action(c), for"ourtailing the activities of those in the camps who seek to intimidate refugees wishing to return to their homes".

The issue was bought up again in resolution nº5 of the Tunis Declaration of 18^th March 1996 sponsored once again by Carter Center, and in numerous OAU working papers. One would point out here that due to the bias towards RPF and Uganda that has persistently displayed the OAU Secretary General, this institution has never had a balanced view on the whole refugee crisis.

It is in this framework that RDR which champion the interests of refugees, has been outlawed in Zaïre and Tanzania and is persistently harassed by pro-RPF lobbies worldwide.

In this connection 7 rwandese refugees were recently deported from Tanzania in total defiance of the law simply because of being members of RDR, and that over 40 others were put behind bard in Zaïre with the blessing of UNHCR since February 1996.

It is therefore high time do expose the hidden agenda of this campaign and to help those who may been abused by the same review their stand and abide by international instruments outlining the rights of refugees.

Art 12, chap II of the Convention relating to the status of refugees which entered into force on April 22, 1954, provide that with regard to the juridical status of refugees, their "personal status shall be governed by the law of the country of his domicile or his residence".

Given the fact that the offense of "intimidators" does not exist in any criminal law of countries accommodating rwandese refugees, how can somebody be punished for a non existing crime. In any case, even if such offense do exist, art 16, of the same convention gives to refugees, "free access to the courts of law on the territory of all contracting states".

Therefore both the detention without Avial of their colleagues in Zaïre was illegal. The tanzanian move was moreover a violation of art 32 of the same legal instrument.

Besides, art 15, chap II of the same Convention stipulates that"as regards non-political and non-profit making associations and trade unions, the contracting States shall accord to refugees lawfully staying in their territory, the most favourable treatment accorded to national of a foreign country in the same circomstances"

Being a non-political organisation why should RDR members be persecuted, solely for their membership ?

Both UNHCR and the RPF government have persistently argued that refugees have no right to claim their civil and political agitation and intimidation.

But refugees being untilled to considering that it is in accordance with the universal Declaration of Human Rights for any human right, to enjoy his civil and political freedom, rwandese refugees should be no exception. In this respect on top of art 1,9,10,11,12, 13,19 and 20 of the universal Declaration of Human Rights, art 3 of the International covenant on Civil and Political Rights adopted by the United Nations General Assembly Resolution 2200 A(XXI) of 16 December 1966 calls for the States Parties to ensure equal right to the enjoyment of all civil and political rights.

Art 19 (1, 2) of the same covenant states that "everyone shall have the right to hold opinions without interference".

"This right shall include the freedom to seek, reclive and impart informations and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".

With regard to the violent dismantling of refugees camps under the excuse of the ongoing war in Eastern Zaïre, RPF army and its satellites forces in Zaïre should additional to the Geneva conventions of 12 August 1949 relating to the protection of victims of International Armed conflicts (Protocol I), adopted on * June 1977 by the Diplomatic conference on the reaffirmation and development of International Humanitarian Law applicable in Armed conflicts.

Instead of rewarding RPF government by throwing out refugees from Zaïre and handing them over to him it should be condemned without any reservation.

Bearing in mind all the above provision of international instruments concerning refugees, the multi-national force should stick to its humanitarian role and abstain from any illegal handling of refugees.

As rightly said by the UN Secretary General Mr Boutros Ghali, the duty of that force should be to tackle the humanitarian aspect of the refugee crisis, while the international community in looking for ways of handling the political aspect.

Its mandate should therefore depend on the progress on the political arena in Rwanda.