EXD - 2

DESFALI- 06: ALISON DESFORGES

"Genocidein RwandaApril- May 1994" Vol. 6 No.4 datedMay 1994- HumanRights Watch / Africa Watch Africa 1(0020041

May 1994 Vol.6, No.4

GENOCIDE ~ RW~A APRIL~Y 1994

CONTENTS

SYSTEMATIC SLAUGHTER ...... 2 THE WORST, BUT NOT THE FIRST MASSACRE ...... 3 THE SLAUGHTER BEGINS IMMEDIATELY AFTER THE CRASH ...... 3 THÉ WAR ~SUMES ...... 4 THÉ SELF-PROCLAIMED GOVERNMENT ...... 4 EXTENDING THE MASSACRES ...... 4 NE~OFAGE- CLEANING UP THOSE WHO ARE LEFT ...... 5 CENTRAL DIRECTION ...... 6 ~SISTANCE TO THE MASSACRES ...... 6 THOSE WHO CAN HALT THE VIOLENCE ...... 6 ABUSES BY ME RWANDAN PATRIOTIC FRONT ...... 7 THE SUFFERINGS OF THE DISPLACED ...... 8 RESPONSE OF THE INTERNATIONAL COMMUNITY ...... 8 The United Nations ...... ’... 9 The DiplomaticCommunity in ...... 11 Th¢ United-States...... 11 France ...... 12 RECOMMENDATIONS ...... 12

/ HumanRights Watch/Afrl~a mmlB: 485 FiflhAvenue, New York,NY 10017-6104Tel: (212) 972-8400 Fax: (212)972-0905 1522K Street,NW, #910,Wnshington» DC 20005-1202Tel: (202)371-6592 Fax: (202) 371-0124 ... ~0020042 Thedeath of presidentJuvhtal Habyadmana of Rwandain.~ suspicious plane crash on April6,1994 was thepretext f« Humextremîsts from tl~ late presidm~t’s entourage’to launeh a campaignof genocideagalast the ~tsi: ho..m~2upabout r~ecn percent of~ populatm ofRwan0a. The«tren~su .Jsom«Hum ere willingto coo~ with wWîOoe~ latin.,n~~ me Juumgcontinues. At least200,000 andTutsi ~rbapsin formingas manya as more 500,000democratic unarmed govemmeut. and ~istingSix civiliansbave been s|aln, Th~ int~’natiol~ co~ty basfai|ed to t~e&ny effective action to stopthe slaughter..

SY~ATIC SLAUGHTER Themassac~s were platmed for monthsin advance.The Pres|dential Guard and otherelements of the ! ". ¯ nîow,?ed~fi¢iea~ty ’,nîe:ahbea~°f.thoeht’~.LP~. ~_m/,it,as..the/ntero/~~ e andthe Impw.omugav~b,. howfo kil, -.ta~ --.-,.,,uv~ wnu ,,tttacx t oge~er, are part of theMouvemerd Républicain Nançonal pourle Dêveloppement.et la Démocratie(MRND), the party of thelire president; the Impuzamugambi, "Those With a SL~glel~rpose," are attat~ed fo theCoalitionpour la Défense de la Rêpublique(CDR), an extremistHum party in alliancewith tba MRND. Created in 1992,the militias received intensified military tralning in late1993 and early1994, as groupsof 300men ai a timewere sent for three weeks to a militarycamp in thenortheastem region of Mutara.In theirattacks on civilians, themilitia are often accompanied by a smaJlnumber of soldiers or national policemen,but the militia bave killed far more people than bave urùformed members of thearmed forces.

TheRwandan authorities distributed firearms to militiamembers and other Habyarimana supporters as early as 1992,and gAVe OUt many more in, late 1993 and early 1994. ’rite bishop of tbaimportant Catholic diocese of Nyundocriti~:this distribution of w~ in a pastoralletter at the end of December1993. The militiawho returnedfrom training programs in early1994 brought firearms, including grenades, back with them.

A prîvateradio station owned by membersof Habyarinmna’sinner circle, the Radio Tdlévision Libre des MillesCollines, last autunm began a campaignof bate-fiiledpropaganda agalnst the generally and members of theopposition to the Habyarimana regime, bo th Tutsiand Hum. At theend of 1993,the broadcasts became more virulentand began targeting individuals who were named as "enemies"or "traitors"who "deserved to die."Among thoseso lal~l~were Lando Ndasingwa Minister of Laborand Social Affalrs, who was o,’x of the~rst killed once themassacres tmgan (alon$ with his mother, his wife and his childrtîa) and Monique Mujawamariya. a human rights ac|ivist,who narrowly escal:md with her life Throughout thoe wtw.ks of slaughterthe Radio des Milles Collines basincited listeners to genocide, encouraging them to "fillthe hall cmpty graves

Amongthe owners and dirt, tors of theRadio des Milles Collines are:

AlphonseNtirivamunda, son-in-law of JuvénalHabyarimana: Féli¢ienKabuga, a wealthybusinessman whose son is marriedto a daughterof Habyiimana; Jean-BoscoBarayagwiza, head of theCDR; TarcisseRmxzaho, the prefect (governor) of Kigali city; and AndréNtarugera, Minister of PostalServices and Communications.

Forsome time, this radio station was run by FerdinandNahimana, who had been in chargeof thenational radiowhen it wasused to promotethe killing of Tutsiin an earliermassacre.

Thestate-owned Radio bas also played a negativemie in theviolence, broadc~ttsting contradictory messages,sometimes appealing for ~m, but just as oftenencouraging cominued massacres. As recenflyas May 19,if wasordering listeners toextirpate the rebels to the last man and eliminate anyone suspected of opposing the regime,if mayhave adopted a barshertone in orderto replacethe Radio des Milles Collines, whose broadcast rangewas iimited to Kigalifoilowing repeated attacks on itstransmitter by the Rwandan Patriotic Front (RPF), largelyTutsi rebel movement.

HumanRights Watch/Africa May 1994, Vol 6, No 4 J ».,.. Ct,/,’ ~+«t( 0020043 THE WOI~T, BUT NOT THE F/RST MASSACP.E

Theoutrent slaughter diffent in galebutnos otherwise from earlier massacres in Rwanda in October199,3, January-Febmary1991, March 1992 and December 1992-Februaw 1993. The e~lier killings, like those this year, wereorganized by officMsof theHabyarimana govemment or of hispolitical pany, the MRND, and thecloseiy alliedCDR. Lîke those this year, the kill/ngstargeted Tutsi and thoseHutu labeled as opponentsof ~e Habyarimanaregime. These attacirj by thegoverament on its own unarmed citîzens cost about 2,000 lives and were condemnedby bothlocal and: international human rights organizations,J

’rHE SLAUGHTER BEGINS IMMEDIATELY AFrER THE CRASH Withinan hourof theplane crash, the Presidential Guïrd had set up roadbloc~around the capital of Kiga]i and hadbegun liquidating key membersof the moderateopposition Among the early vicums were Prime Mlms r AgatheUwilingiyimm.,a and President of theSu ....~=.....__"L .. ~ " ’ " ’te, ac~ivists,includin~ Charles ShamuHa,. o-,F,uv~~ t::a.,~ ~~yavugoyl, ~-v_,.~,,~_~u~t lgnace am~’pnKuhatana. ~svaruganaa. Patrick Gahizi, Others Fatherwere human Chrysolo~e ri rg Mahame,S.J., and ¯1" AbbéAugustin Ntagara.

ThePresidential Guard wm joinedby thepart3, militias, and within a weekthese forces had killed .~ estimated20,000 people in Kigaliand its immediateenvirons. The internationalcommunity responded bY evacuatingforeign nationals, the flrst step in itswithdrawal from the crisis. Perhaps encouraged by this retre~, theleaders of thegenocide extend~ its scope outside the capital fo theeast and the southwest. Beginning on Aç,~J 15,when most foreigners haddeparted, authorities distributed large quantifies offirearms, inc luding automatic ~:~~~~ semi-automaticrifles and pistols, fo m/litiaand o~ersupponers of Habyarimana. ~,

» Manypeople were killed in theirhomes, but others were slain in hospitalsand churches, places usua]ly re¢ogn/zedas sanctuar/es. Among the worst such incidents were the following:

¯ Kibungo.2800 people gathered in a churchc, enterwere slaughter~ in a four- hourperiod by thelnterahamwe using grenades, machine gars, machetes and R4 r~kets.Approximately forty people survived. Cyahindar - ~ Tutsiwho had takenrefuge in a churchwere attacked by militiawho lefi only about 200 to live. ¯ Kibeho- 4000people killed in a church. ¯ Mibiriziparish - 2000 slaln. ¯ Shangiparish - 4000killed. " Rukaraparish - 500slaughtered in the church. " Kigaliand Butare - hundrech of patientsand staff were killed in hospitals. " Butareorphanage - twenty-one children, selected solely because they wëre Tutsi, wereslain as wellas thirteenRwandan Red Crossvolunteers who triedto protectthem. " Gikongoro- eighty-eight pupils were slaughtered as their school.

Thousandsof survivorsin Kigalisought safety in theAmahom stadium, the Hotel des Milles Collines, the SainteFamille Church and other locations. The Rwandan army bas bombarded these sites from time to time,killing

HumanRights Watch Arms Project, Arming Rwunda: TaUa’n& Peace and Wa&in&War: Human Ri&hts $ince the October1990 Invasion (February, 1992); Th¢ International Commission of Investigationon Human Rights Violationsin ~a $inceOctober 1, 1990.Final Report (March 1993); Africa Watch, Beyond the Rhetoric: Continuin&Human Rights Abuses in l~anda(June, 1993).

May 1994,Vol. 6, No. 4 sixry,oe Amahoro ’stadium onApril 19, and eighteen others al the Sainte Fan~lle K00200,$

Shonlyafier the massacres ofcivilians had begun, the wm" between the Rwandan army and the rebel RwandanPatriotic From (RPF) resumed, ending a cesse-tire ineffecl since August 1993. Since early Aprii, two kindsof violence --lhe slaughter oflhe defenseless bygovemment p~militias orthe Presid~t~ Guard, and rite batilebetween the two armies. --have gone on simultaneously, tometimes inthe saine arcs, as in Kigali, but offert in.widely septrated relions. TheIouth and west, where tome of the worst massacres have taken place, are- remote from~he aetual w~ zones,.

TheRPF is composed ltrgely of’rulsi who fled a 1959.63revolution thatended their aristocratic control overRwanda (previously backed by the colonial Belgian government) andinstalled the current Hum-dominaled regime.After thiny years¯m exile,¯ a force composed from amon 8 theserefugees and their chfldren invaded Rwanda inOctober 1990, first seekin8 to win the riiht to return home and later hoping to overturn the Habyarimana govemment.Inaddition toresisting theRPF militarUy, Habyarimana immediately launched a campaign against the Tutsiwithin the country, accusing thern of being "accomplioes ¯ ofthe RPF. Sefious human rights violations were committedagainst uninvolved inthe rebel movement, including rite massacres described above.

Thecivil war between the government and:tlie RPFwas endèdby a peace agreement signed-in .~usha. Tanzania,onAugusi 4, 1993 (the Arusha Accords), which provided for a trïmsitionalgovernment composed Habyarimana’sMRND,the înterrml opposition parties, and ihe RPF. The United Nations provided a peacekeeping force(UNAMIR) tomonitor the execution ofthe agreement andfacilitate ~eintegration ofthe two armies. Under theterres of the agreement, theRPF was permitted foslation a battalion inKigali under U.N. protection. Be¢ause ofa seriesof delays, most of them caused by Habyarimana andhis supponers, thetransitional government hadhot yetbeen installed atthe lime of the plane crash.

Whenthe civilian massacres began, the UNAMIR troops failed to respond. The RPF decided to resume thewar, both to rescue ils troops in Kigalt, who clearly could hOt expeci ar~" effective proleciion fromihe U.N., and.to-try: to-stop.the masiacres.

THE SELF-PROCLAIMED GOVERNMENT Shonlyaf’ter the crash and the beginnin8 ofthe massacres, a group of politicians close to Habyarimana proclaimedthemselves thenew government. Backed by extremist military, the self-proclaimed regimealso won atleast tacit acceptance from Jacques-Roger Booh-Booh, theSpecial Representative ofthe U.N. Seermary-General inRwanda. The "minîsters" ofthe new government purponed torepresem a number of political parties and thus tocontinue the mandate ofthe previous coalition govennment, butin fact ail emerged from the utme ideological positionwhatever their part), labels.

EXTENDING TI~ MASSACRES Duringthe first two weeks of slaughter eliewhere inRwanda, the préfet (prefect orgovernor) ofthe importanttouthempréfecture ofButare succeeded inkeeping Iris region generally calm. The prefeet, Jean-Baptiste Habyalimana,wasa Tutsiand a memberof ~ politicalopposition. Hiswife, Josephine, was a humanrights

HumanRights Watch/Africa R May1994, Vol. 6, No. 4 C’" " q }’ a~u~:"-" «’~) K0020045 activist.Butare, whcre Tutsi and Hum had Iived closely together for centuries, was senerally hostile fo Habyarïmanaandhis anti-Tu.i idoelo~y. Asthe site ofthe original campus of the National University, several oesearehinstitutes, and~e showplsce newNational Museum, ifwas the intellectual capital ofRwanda.

OnApdl 19, lh¢ "President" ofthe mmp govemment, Theodore Sindikubwabo, remove, d the prefect of Butareand r~plac~d him with a hardlinemilimry man fr0m the nonh of Rwanda.As lhe same rime, he gave a ~eoeh-on-the radio-calling for.lhe kUllng- of."accomplioes y in-Butarc.Thal.evening units-of- the.Presidential. Guard- flewinto Butare airpon, The massacres began oemost immediately. Oneeyewitness recounted lhal on the night ofthc arrival ofth¢ Guard, th~ dus pits in th¢ ground and filled them with burning rires. He saw people thrown lire-into- thc- pits; includin$- hisdxty-yesr-old- mother-in-law; Bynoon, thc- nex4- day; the- sound-of- sunfire had- be¢omeoentinuous msTutsi and. Hum glied with thmn were executed inan arbormumadjacent to theNational University, inan area bchind the National, MUseum, and on lhe banks of a nearbystrearn. The killings continued day~ nightfor the next three days.

NETTOYAGE- CLEANING UP THOSE WHO ARE LEFr

Inlaie April, leaders ofthc militia callcd upon lheir members fofinish the "cleaning up"(nettoyage) of Tutsiand; members of theHum opposition whohad escaped death up fo thmt point. An mtuek on thosc sheltered etthe Hotel des Milles Collines inKigalt was narmwly averted, apparendy byFrench intervention, butan effort torescue sixty

May1994, Vol. 6, No.4 HumanRights Watch/Afriea 5 By mid-May,the militia h ad beenable te createa densenetwork of roadblocks throughout the zones ¢ontrolledby the rump$ovemment. ~ mme cases, the barrierswere separated by no morethan a few hundred yard$,making et¢ape virtuaily impouible for, those targeted fer elimination.

CENTRAL DIRECTION Thedispatch ofaddltionai militia fo thesouth indicatet that there is stîll central control of themassacres. In addition,Matthieu Nglrumpat~," Pr~ident of theMRND, apparently expec~ the militia to heedhis orders when he" ~ tbem over-the-radio. He-did-m-on, May MilletCollines and elsewhere in Kilïali to leavefor 19;tafe directing-them-to-allow-hostaget- havens. Ai thelime of thiswriting, trapped-negotialionsai- the- Hotel. were pro¢¢edingabout the release of tho~hos~llet,.

Althoughmuch of theviolence is still¢ontmlled by authorities of the hardline parties, the rump govemment or theRwandan army, random ~]lin8, espe¢ially in the course of banditryand-pillage, is growing as-well. Arfood- becomesmore difficult fo obtain, violence iinked to the strUllgle for survivai will inoease.

Disciplineamong Rwandan army troops, lax for somerime, has crumbledfurther in the lastmonth, resuitinginmultiple abuses against civilians, in the region of Bugesera, for example, soldiers looted ai willduring ~î week_ofMay!6, apparu., tly in violationof ordersfrom their commanding officer. Their atta¢ks caused the ~oca,popmauon, vsnua.y aJj t/utu, tonee in pan/ctowards Bunmdi.

IOESI~ANCE TO ~ MASSACRES Reliableaccounts det¢ribe the hemism of tomeRwandan authorities, both civilian and military, who bave soughtto prevent or balttlie sliugliter in tlïeoE regi0ns. Iil some regions, local- govemnmm- officiais~ known- as- burgomasters(bourSmestres), bavedone their best to prote¢tthe targeted populations and Io guaranteesecurity withintheir communes. Unfommately, in some cases, they bave eventuaily been forced to yieldand permit the massacres.Mili~offlcers who bave tried fo maintainorder or to aidthe threazened to escape bave later sufferec~ reprisaisfor their human conduct.

HumanRiais Watch/Africa will hOt publish the naraes of thesecourageous defenders of humanrights for fearof puttingthem in dangerbut will acknowledge them for their bravery and decency al a futuredate.

THOSE WHO CAN HALT THE VIOLENCE

Allthose who claire to exer¢iseauthority within Rwanda are legaily and moraily obligated to haitthe genocideand other human rîghts abuses. They include the foilowing persons.

PartyOfficiais: Jean-BoscoBaraya8wiza, head of the CDR MatthieuNgirumpatse, President of the MRND

Thosewho claire positions in. the self-proelaimed govemment: TbeodoreSindikubwabo. "President" JeanKambanda, "Prime Mi~ste¢" AugustinB~, "Ministerof Defense" JustinMugenzi, "Minister of Commerce" EI~ Niyitegeka,"Mintster of Information,

HumanRights Watch/Africa May 1994,Vol. 6, No. 4 Milita~Officers: C~neraJBizimungu Colonel.Bagosora. 1(0020047 ColonelNkundiye ColonelMpiranya ColonelMpinmya CaptainSimbikangwa

ABUSES BY THE RWANDAN PATRIOTIC FRONT Theself-proclaimed gove~lus a,~-ased the RPF of having k/lled hundreds ofthousands ofcivilians, bothlast year and in recent weeks, but it bas been unable to provide any details oftirne, place or cir~~xstatge wberethe alleged massacres bave takcn place. After extensive investigation amongreliable sources, both Rwandan andforeign, representing clorgy r, ]gt~O~ nongovemmmtal organizations, andjournalists, Human Rights Watch/Africahasconcluded that there is ai prescrit nocredible evidence thal the RPF bas engaged in any widespreadslaughter ofcivilian populations, although them are reports ofless systematic abuses.

Refugeeswho-fled- to-Tanzaniï, ai-the-end, ofApril.have- frequently tatked- of-I~PF abuses-, but-the ac~.ounts- aretoo vague tobe credible. Noone among the enormous number of p¢ople at Ngara camp, for example, appea~ tohave first-hand knowledge ofsuch alleged abuses. Inthe quarter ofa millionmostly Hum refugees atthe camp, medicalauthorities report that tb~ ~ treatedonly four wounds, ail of them slight. This contrasts withthe repens of numcrousand smious woundS amonj the Tutsi refugees wbo bave fled to Burundi or whobave escaped to northem Rwanda:.The massive flight ~ ofHutu fo Ngara drew widespread attention be~use if was the iargest number of p~pleever to flee a countryinsuch a shortperiod oftime. But these refugees fled in panic about repons that the RPFwas approaching their region, hot because Oie), had been attacked orseen others attacked bythe incoming troops.They had been frightened bypropaganda broadoEt on theradio about supposed gPF atrocitiës. M~my refugeeshad taken the time, nonetheless, togather food: and even faim animais before their deparmre.

On Ma)’18, a spokesmanfor the U.N. High Commissioner forRefugees (UNHCR) re~rted that troopshad tiret/on Rwandans seeking to flee acrou the ~ river¯ that marks the border between Rwanda and Tanzania, " oHtheraîsd:bd~tbUyïhHé~~FePoeTï~ët~~~~eel,~iunt.s from .~~ns who had been abused or seen~ thezone under their control...... Hurmm,~, Rights,,,~,ï,~u Wat¢h/Africa tue ,u|©gauons basrequested ana theinvited details UNHCR of these of~c/als reports to frominspect the UNHCR,but at the rime of writing bad not yet received the information.

Churchsources indi¢ate that two Catholic priests were killed by the RPF at Nyinawimana, butinformation onthe date and ¢ircumstances ofthese killings ishot yet available.

Inother cases, church sources report that refugees aia campin Uganda relate that the RPF killed ¢ivilians at Rwantanga,seven kilometers from the Ugandan border, and at Nyambwesongezi,in By~umba prefecmre. A wimessfrom Rwantanga, a woman who arrivod badly beaten, recounted that RPF soldiers had beaten ber twelve year-olddaughter todeath with their fit’le butts. Another witness raponed thm his wife and children hadbeen kiiled bythe RPF when the soldiers attacked people whom they had summoned to a meeting.

A newspaperaccourir published inUganda in late AprU related that RPF soidiers had tied up a person accusedof beinga localleader of the Intenthamwe militia and had delivered him fo any angry crowd who had kickedhim to death. Th~ story wu sccompanied bya pbotographofthe apparent victim. Other mliable sources bavetold Human Rights Watch/Afri~ thatthey bave seen RPF soldiers execute civilians whoappear to have been militialeaders.

HumanRi~ts Watch/Af~ca May1994, Vol. 6, No.4 K0020045 mb ~~ .(n~.J~ights Watch/Afri~ bu brought these repons to theattention of theRPF andbas asked for invest~l~[th~l~~ 6~~:~’~:ï~/c~tS andpunishment forany soldie~ fotmd guilty of klllingsor other abuses of civilians.

THE StWFERINGS OF ~ DISPLACED

Approximatelytwo millionRwandans ~ve fledtheir bornes in theface of themassacres and thewar.

msllt~W.ith!nor ~e ITflil[ta c ot~..tEE,t~ttS..’l~tsi In aaamonsurvivo.rs to mose~ clustered[requently ina mentioned variety ofat iocatio~ sites in, »me Kig~i,vo|untarily, there are othersthose heldat thehosta st~iu~~ e by at Cyanguguand in severalplaces in Butare.In centralRwanda, there are approximately 50,000 displaced persom;, largelyTutsi at Kabgayi,mostly Hutu at ncarbyGitarama. In additionthere are eertalnly other groups who remam unknownfo outsideob~rvers. MOre than 200,000 people have mught refuge within the zone controllod by theRPF in nonhernand eastemRwanda.

Whenthe slaughter began, there were about 200,000 Burundian refu8ees located in campsin southe~ Rwanda,who hadfled violence in Bunmdiin October1993 ~.,Many of thembave returned to Bunmdior fled~o Tanzania,but as manyas 80,000may still be leflin Rwanda.

Over300,000 Rwandans have fled to surrotmdingcountries, the greatmajority of themfo Tanzaniït. Approxïmatelyonequarter of a millionRwandam are grouped at Ngara,Tanzania, the largest refugee camp in the world.Approximately 8,500 Rwandans I~ve sought safety in Zaire;between 5,500 and 10,000 in Uganda,m~ between16,000 and 47,000 in Burundi.

Themisew of thoseseeking refuge in surroundingcountries has been well publicized, and a variety organizationsareseeking to meettheir enormous needs. Information on the suffering of thosewithin Rwand~~ 11 verylimitod, but those reports available iadicate that conditions ared~perate for many of the displaced. Often thty go withoutfood or waterfor days at a rime.Medieal tare is simplynonexistent for the great majority of these refugees,many of whomhave died as theresult of untreatedwounds or disease.

Thebattle for control of Kigalibetween the army and the RPF has ruade if difficult,often impossible, fo deliverth« supplies and .services needed to keepthese refugees alive. In manyother cases, militia and authorities of theself-proclaimed government have hindered or preventedassistance to the displaced. In the most notorious instancesofsuch conduct, militia and milîtary have attacked hospitals in ~gali and Butare and killed ~ sT.affand patients.International agencies such as Midecinssans frontières and the ICRC bave lost large numbers of local staff.

I~SPONSE OF THE IN ATIONAL COMMUNITY Afternearly seven weeks of slaughterand hundreds of thousandsof lives Iost, the international communlty hasstill marie no effectiveresponse to thegenocide0 crimes against humanity and violations of international humanitarianlaw in Rwanda.

HumanRights Watch, the Féderation Internationale desDroits de l’Homme(based in Paris),Anmesty international,theInternational Centre for Human Rights and Democratic Development Coasod in Montreal,C~~a), OxfamUK and otherinternational nongovernmental organizatiom have condenmed the slaughteras genocide.The Secretary-Generalof the United Nations and the Pope bave also called the slaughter genocidal. Major heads of s~te,however, tiare refused to r~tlithehorror bytutme- evelr arth~-condesra~l-the-massacres. Governmentsare- reluctantfo talk of genoeid¢by natnebecau~ to do so wouldobligate them to actunder the terres of the1948 U~N. Conventionon thePrevention and ~shmentof the Crimeof ~ocide.The conventionrequit:es its signatories to "preventand punish" genocidë.-d~ffned as acts committed- wi~ the intent fo destroy,in wlmlc-or in-~ a- national,ethni¢, facial or religiousgroup--as a crime against humanity. A large number of statesare party to the

HumanRights Wateh/Afriea May 1994,Vol. 6, No. 4 K0020049 Genodd¢~Convention, including ail the pemument metabet~ ~ of tbe U.N.Se¢urity Council and Rwanda itself. As yet,few states,-none of th¢m major Security Coup.cil powers».have stated that they are willing te lireup te their Coutgildcbat~ for eight hours on Aprii29, before fmally adopting on AprU,30 that used the iegal terminoloIw of the Genoeide Coitvention butstill rejected the use ofthe terrn itself.

The UnltedNations Underthe ternu of theArmha Accorcb, the Utdted Nations was uked te providea peacekecpingforce te monitorthe agreement,the UnitedNations Assistance Mission in Rwanda(UNAMIR). l"nis forge, which just beforethe crisis numbered 2,~~)0 troops, was te monitorthe ceag-fire, contribute te the security of theciry of Ki’gali,and engage in otheractivities usoeiated with the establishment of a transitionalgove~t in which membersof Habyarimana’sgovemment would share power with membersof the intemalopposition and representativesof the RPF.

Amongthe duties of UN~IRwu the enforc¢mentof a prohibitionagainst the importation of armsand ammunitioninto Rwanda. On the nightof JanuaW26, UNAMIRlearned of theunauthorized secret landing and unloadingof a planeloadof armsat Kigïliairport. The U.N. force intervened and placed the arms under joint U.N...Rwandangovernrnent supervision te preventtheir distribution te the Rwandanarmy. During Februaw, UNAMIRalso prevented the deliveryof threemore planeloadsof armsand anununitionfor the Rwandan government.The U.N. autbudties therefore knew that the Rwandan govemment was att©mptingte obtainfresh suppliesfor ifs troops, presumably inpreparation forfttrtber war.

In Febmary1994, the ~,sas$ination oftwo leading political figures was followed by a weekof killingsand otherviolence in Kigali.Interpreting ifsmandate narrowly, UNAMIR ruade no effectiveresponse te theviolence, ahhoughif cenainlyheightened insecurity in tbecapital ciry. As tensionsW throughout February and Ma’ch, U.N.personnel and the diplomatiecommtmity generally were well aware of extremelyworrying developments indicatingthat hardliner$ in the govemment intended te overturnthe Arusha Accords. They were frequently warned by responsiblelocal persons, including hum~ rights activists and political leaders, that preparations were underway fora campaignte wi]~eout Oiose who opposed Oke H~tbyarimana regime. They knew of- the- inne--filled- radio- broadcasts,thetraining of militiaand the distribution of arms. Whether unable te imaginethe scale of impending bon’oror limitedby mandateor thetraditions of diplomatie practice, they took no effectiveaction te preventthe disaster. Withthe onset of thekilling after the plane crash in whichPresident Habyarimana died, UNAMIR again failedte actdecisively. Apparently both the terres of themandate and the l.ack of appropriateequipment for the troopshampered an effectiveresponse. Had there been prompt and firm action by UNAMIRte suppres$the first violence,the situation would certainly bave developed differently.

WhenPrime Minister Agathe Uwilingiyimana fled for berlife te a U.N.compound, UNAMIR dispatched tensoldiers, part of theBelgian contingent, te ~e ber.They encountered a hostile and armed crowd and three weredisabled. The others requested instructions frein headquarters and, according te a pressaccount, were told te putdown their arms and attempt te negotiatewith tbe crowd. They were slaughtered. The Belgiangovemment thenwithdrew its troo~, who were the bestequipped of thoseavailable te the UNAMIRforce. Subsequently Bangladeshitroops aise left, some of themin pani¢before orders were given for their withdrawal.

On April21, the Security Council met te decidetl~ fate of theUNAMIR force. Rather than adroit that genocîdewas taking place, as wasclearly apparent by thatdate, and g:¢ept Oie responsibility of preventing if,the SecurityCouncil voted te withdrawtbe majority of the~ning tmops and te leavebehind a skeletonforce of 270 soldiers.The United States, initiaUy in favorof removingtbe U.N. prince completely, led this move te retain onlya tokenUNAMIR presence.

Ma),1994, Vol. 6, No. HumanRights Watch/Africa 9 K0020050 ’ "~«P~ï,~o,’~~’nls ofthe reduction ofUNAMIR ~gued ~e ne¢,essiw ofremoving the troops from a threatening situationwhich they were ill!-~luipp~ fohandle. But with the exception ofthe ton Belgian soldiers ~IIed wh/le attemptingfodefend the ~ Miroiter,surely onu of file most imponmt targets of theextrendsts, noaddition~ U.N.soldier had been killed in the weeh ~~of subsequent violence. (One was later Idlled in a monaratu~k in Kigali).There was no evidence that U.N. tre~s hnd r ~ targetedbyeither of the hostile parties after the fini dayof the massa~’es.

Inthe first weeks of violence, theSecurtty Coun¢fl apparently received inaccurate repons onthe situation, panicularlythose based on information fromthe Secretary-General’s SpecialRepresentative Jacques-Roger Booh- Booh.Characterized byT/te Wash[n&ton Post on May 8 as"blurted, saniti~ summaries...depicting mutualand chaotickillings," these reports failed fo convey the systemafic andorganized nature of the genocide which had~ thetime alre~y been ¢stablished byaccmmts inthe press,

Inthe face of the mouming disuter--and panic~arly following widely publicized accounts ofthe massive outflowofrefugees onApril 29-.the United States and other actors dzcided that more troops must be sent back to Rwandawith an expanded mandate. Withtn the S¢curity C0un¢il, delesstes from the Czexh Republic, NewZealand, SpairranO Axgentirm- played the-leading- mie-in- shaming, other- member, nations-into- this-d¢cision, Aller. l¢ngthy debatêon May 16, the Council.authorized a forceof 5,500 troops with an enlarged mandate Ioprotect displaced persons,refugees and civilians atrisk (UNAMOE II). Unlike the mandate for the first U.N. force, that for UNAMIRII permits troops to use force if uecessary toearry out their mission. However, last minute hesitations bythe United States resulted inord~ to deploy in the ris’st ~ance only a smallforce of several hundred troops andabout 150 unanned observers. Deployment ofthe re, st of the force depends upon progress towards a new cease- tirebetween the RPF and the govemm~t, the availabHt~ ofre-sources» and! Parther review and action by the SecurityCouncil.

GeneralRomeo Da]laire, theCanadian military commander of.. UNAMIR, has played a constructive role, panicularlyinrnainlaining communi~flon withboth sides of the civil wat. He is currently negotiating withboth partiestoobtain neutrality forKigali Jùrport. Were the U.N. auured control ofthe airpon, the work of UNAMIR Ilwou]d be greatly facilitated. Fighting overthe control ofthe airport hasoffert ruade if impossible forrelief flights te>lancl there

Thegovemment of Rwanda, as it existed ~ beforeApril 6, held a non-permanentseaton the Securiry Coun¢il.Its representative hascontinued foserve the self.proclaimed regimethat took power after the death of Habyarimanaandhas been permitted foretain the seat on the CounciL Hehas even Ix, en permitted tospeak at lengthin debate and fo vole on resoluttons eon~g Rwanda, although customarily representatives dohot play anactive foie in considerations ofconflicts thataffect their own states. Jerome Bicamumpaka, theso-called foreign minislerof therump government, wasrecently allowed to addressthe Security Council. Accompanied byCDR headJean.Bosco Barayagwiza, hewas in New York as part of the self-proclaimed governmen1’s efforts fojustify theunjustifiable andto win international acceptance fortheir genocidal regime. Inthese statements, theself- proclaimedgovernment basstated that if would fayot the return of U.N. troops to Rwanda to enforce a cease-fire betweenthe RPF and the Rwandan army. with the armies to retum to the positions they held before the resumption ofthe civil war. TheRPF iniliaJly favored U.N. intervention inRwanda, but at the end of April reversed ifs position fo issuea hardlinestatement opposing the sending of more U.N. soldiers. 1I...... softened ifs position somewhattosay that it would hot oppose a force sent for humanitarian purposes; itremai~ opposed foany force thalwouid attempt tointerpose itself betwsen the two armies.

Inresponse tourging by the United States and others, the new United Nations High Comm/ssioner for HumanRights, José Ayala Lasso (who took office on April 5, the day belote the crisis be8an), undertook a mission

HurnanRights WatchlAfrica I0 May1994, Vol. 6, No.4 ï K0020051 fo Rwandaand Bumndi in mid-May,rive wecks afler the massacres had besun. In a statementon hisreturn, ho condemnedthe widespr~ ~iolen¢e, but did hot label the systematic killins of Tutsias gen¢gid¢.

Ai tberequest of Canada,an e, merl~en¢ymeeting of theUnited Nations Commission on Human Rights bas beenconvened for May 24. It willbe onlytbe third tim¢ that thls body bas mot in su¢ha spe¢ialsession, the precedingmeetinss havins becn ca]led fo de.alwith the Bosnian crisis. The session will probably call for the sendingof a specialrapporteur toinvestil|ate thesituation inRwanda.

The DiplomaticCommunity in Klgali Representativesof mest nations in Kigalioffered teml~O~ rary protection to Rwandan staff memb¢rs and otherswho sousht asylum al theirbornes or embusies.On April13, Anmesty International reported, however, thatsome unidcntifled embassies had apparenttytumed aw~ Rwandans seekins protection. Diplomats mobilized primarilyto evacuatecitizem of the~own ¢ountries andmost re~s¢dto usikt Rwandans, even long-rime empl~yecs of theirown staffs,in leavingthe o0un~..Bel|Jure and Francewere apparendy the onlynations to aidmme Rwm=iansin- es¢apins; although- Fmnch prcssr mports- indie,ttad-that- several Rwandan. employces-at, theFrench cmbassyhad been abandoned and Inter killed by $ovems~ntforoe, s. Franceprovided aircrafl to permitevacuation of MadameAgathe Habyarimana, members of theHabyarimana family and others close to the rcgime.Some wcrc transported~ to Paris and several hundred others were taken fo Zaire.

The UnltedStates Likethe United Nations and most of the internationalcommunity, United States officiais bave shown considerableconfusion and slowness in dealin8with the UNAMIR I| initiative,appazently because it is theris-st fo be consideredsince the declaradon of a newadmlniswation pollcy on peacekoepin8missions.

PresidentBill Clinton made an unusualdirect radio appealr fo Rwandaon April30, calling for an endto th¢violence; if wasone minute în lengthand spoke only in vasueterres about the need for Rwandan leaders "to recognizc their common bon& of humanity."A more usefu! public statement was ruade by thePresident’s Natiomd SccurityAdvisor, Anthony Lake, on Apri122.He ealledupon Rwandan military leaders by naineto "doeverything in theirpower to endthe violence inunediately." TheLake statemem, which did rot a¢tually condemn the leaders nz,~~,nonctheless r~resented an importantd~arture from routine diplomacy because it supportedthe principle of individualaccountability forhurnan rights abuses and named tbose able fo endthe massacres.

AssistantSecretary of Statefor Human R]’ghts John Shatmck adopted the sang approach in a statement issuedon May8, aftera visitto countriessurroundins Rwanda. He advocateda United Nations-directed inquiry fo estab]ishindividual responsibility forthe massacres,

Otherimportant State Department officials, including Depoty Assistant Secretary of Statefor African AffairsPrudence Bushnell, have ruade frequcnt public statements over the Voiceof Americacondenming the killings.

Th«United States has thus far resisted pressure fo pladgethat if willnot assist any regime that emerges fromthe genocida/slaughter. It did, however, deny the request for visas ruade by representativesof the self- proclaimedgovemment who wished to maketheir case in Washington.Because of thespccial international status of U.N.territory, the United States could rot prevent those representatives fromsoing to NewYork to lobbyat the U.N.

Membersof Congresbave exprmsedsrave ~__n~.¢e m over th¢ re=sacresand hav_ep~sSUônthe administrationfor furtheraction. Tbe HouseForeign Affairs Subcomnuttee on ^mcaneta a.neanng the

2 AlainFrillet & Sylvie Coma, "Paris, terre d’asile de luxepour digniutires hutus," l~’bération, May18, 1994.

’ ’ May 1994,Vol. 6, No. 4 Human.Rights Watch/Africa 111 K.0,0200.52 situationonMay 4. Senators Paul SiL:»:« =d James Jeffords, the rankin S membersof Oie Africa Subcommittee oft,~e Senate Foreip RelAtions Commtr,~, =md Kweisi Mfum¢ and Donaid M. PAyne of the Conoessionai Black Cancushue ail ~tten fo President Clinton to=sic for more effective United States action. Interres of reai action, Oie United S~tes government bascontinued dtp~matic efforts aimed primarily At a ccase~fireinOie civil war between the RPF and the govenunent rather than At haiting the massacres. Ithas aiso contributedsome528 million inassistance torefusees and has stated that it plans to approve an~ditional $28 millîonforsimUar efforts. TheU.S. bas aiso indi¢=led thatit is willing topay approximately onethird of the costs ofthe new UNAMIR II force and provide Iogistical support insendin~ the troops to Rwanda.

France Francehas supportent theHabyarimana regime for many years, even sending French troops to assist in the army’sactions AgainSt the RPF, in O¢tobcr 1990 and again in Feb~1993. In Armlng I¢wanda- The Arms Trade andHuman RJshts Abuses in theRmzndan War publïshed in JanuaryI~, Hurnan Rights Watch do¢umented Frenchparticipation in arming and ~$ Oie Rwandan~nny. Al o.ngwi= E~t,.F.ran~ hu ~ r~.ived represen-tativesofthe self-proclaimed govemmant, thus helpin~ accord them respectAOtltty m memter=mor~ community.Thedelegates re¢eived inParis included lean-Bosc0 BarAyagwiza. Oiehead of Oie CDR party whi¢h ismost responsible forOie current genocide.

I~CO~ATIONS

Jean-BoscoBanyagwi=, head of theCDR panT.; Matthieu N~patse, president of OieMRND party; thosewho daim authority under the self.pro¢l~ govemment, in¢luding Theodore Sindikubwabo, Jean Kambanda,Augustin Bizimana, Eleazar Niyitegeka andJustin Mugend; and military offioers Bizimungu, Bagosora,Nkundiye, Mpiranya, and Simbikangwa must hait the geno¢ide and other violations of internationalhumanitarian lawin Rwanda immediately. Authoritiesofthe RPF, including ifspre=ident, Alexis Kanysrengwe, andifs military commander, .must order members ofthelr forces fo halt ail sunmm3, executions orother killings ofRwandan civilians.Anywho are found fo bave committed su~Abuses must be dis¢iplined asappropriate andheld incustody pending triai. Wherc Oie forces of Oie RPF su¢c~~d in overcomïnggovernment forces, thcy mustarrcst ail those accused ofinvolvement ingenocid¢ andother crin~s against humanity andensurc that thcyare held in humane conditions toawait triai as soon as circumstanoes allow. Theinternational communivy must clearly and forcefully condemn genocide inRwanda cailing the horror byifs righfful naine. The Security Council and the Commission onHuman Rights of lhe United Nations, aswell as the individuai govemments ofOie international community.-including OieUnited Statcs-must recognizethat the organized nararc as well as the scale of the n~sacres proves that the authors intended foeliminate inwhole or in part Oie Tutsi as a groupwithin Rwanda; thAt is, Oiat Oieir actions fulfil the dcfinitionofthe Genocide Convention. Theinternational community mu= also condemn Oie systematic slaughter of thonsands of Hutu who opposedthe Habyarimana resime, as a violationofinternational humanitarian lawand a crimeagainst humanity. ’l’nemember states of-0ie UhitedNati0ns mustd~ everytlting possible foassist a speedy =md complete deploymentof UNAMIR II forces.Members must respond prompfiy fo reques~ ~ foradditional tmops. TheUnited States must devote the neee~ rer~urces foensure that any organizational orlogisticat problemsare resolved immediately.

May1994, Vol. 6, No.4 HumanRights WAtchlAfrica 12 ""’~~"«" O0 $

O~ Tl~einternational community must insist upon ~~,¢~,ntability forgenocide, calmes against humani’ty and violationsof international hum8nitarian law.Thc Unit~ Nations Commission onHuman Rights shoul~ nainethose ~rsons who have the power fo haltthe slaushter and should demand that they do se immediately. Theinternational community must take st~s xo ensure that no form of impunity b¢offered to thos¢, responsibleforgcnocide and other crimes agalnst hunmatty. The Unit¢d Nations Commission onHuman Riaisshould mandate a rcpresentative foattend: negotiations betwcen ail parties fothe Rwandan conflid, whomust insiSt that impunity hot be grantedas part of a pcaoesettlemem. Noparticipant inthe negotiationsshould be pennitted fotrade cooptation wilhinternational+ effortsto resolve the crisis, by arranginga cease-fire orin nmking puce. for protection: forhimself or amy other penon accused of genocideorcrimes agalnst humaniry. Theinternational community mnst ensure that those ~ ofgcnocide and crimes against humanity are, broushtfojustice intflals that conform inail r¢spects wi~ acccptcd international ~ practice,including guaranteesofthe rights ofthe accused.. Ifsuch trials arc to bc held in Rwandan courts, the collaboration ofintcmadonal rnagistrates andprosecutors should be required, through the crcation ofan exc~tion~l jurisdicdonifnecessary. Govemmcnts,human rights organizations, andindi~duals should use all possible channcls totake lcg~ actionfo bring thosc guilty of genocid¢ and other crimes fo justicc. Human Rishu WatchlAfrica bas assisted(}ne victim--who isthe sister ofserval ofthe dead, including Selaie Minister Lando Ndasingwa,~: inbringing a civil suit in the U.S. courts agaînst Jean-Bosco Barayagwiza forgenocide and other cdme~~ againsrhunmnity- Officiais, and-individuals etsmvhoeshould~tiate dmilm’-proo¢~lings-agaimt, the.chi++ authorsofthesc horrors. Thc crimînals should bc ruade awm’c thm there will be no place in thc worlï whercthey can escape judicial action+. TheUnitcd Nations Commission onHuman Ri~ts should delegate and adequatcly fund a specialrapporteur toreport promptly onth¢ Rwanda cnsis. If shonld insist that mcmbers of thcUNAMIR force be charged witha mandateforeport ail human rights violations fothe Commission through ifs delegatcd represontative. Ifshould also provide for a groupof human rights monitors inRwanda to supplemem reports provided by UNAMIRpersonnel.

Foradditionai information, please contact: HollyBurkhalter: (202) 371-6592 (w); (202) $4%8394 JanetFleischman: (202) 371-6592 (w); 001) 565-5257 SusanOsnos: (212) 972-8400 (w); (203) 62243472

HumanRi&h:s Watch/Africa ~onnerly Africa Watch) HumanRights Watch is a nongovemmentalorganization established in1978 to monitor and promotc the observance ofint¢raationally recognized human rights in Africa, the Americas, Asia, the Middle East and amon8 the signatories ofthe Hclsinki accords. Kenneth Roth is the executive director; Cynthia Brown is the program director; Holly J. Burkhalteristhe advocacy director; Gara LaMarche b th¢ assodate ditector: Juan E. Méndez is general counsei; andSusan Osnos is the communications dircctor. Robert L. Bernstein isth¢ chair of the executive committee and AdrianW. DeWindis vice chair. Ifs Africa division was established in 1988 to monitorand promote ~e observanceofintemationally recognized hunum dghts in Africa. Abdullthi An, Na’im is Se. executive dir~or;

Woldegabrielareresearch associat¢s; Kimberly Mazyck and Urmi Shah arc ,»~,~,~,,,,» ...... - .... o consultant.William Carmicha¢I isth¢ chair if thi advisory conunittee andAlice Brown is the vice chair.

13 Ma),1994, Vol. 6, No. 4 HumanRights Watch/Africa ,..0.~ I~0:!:~..:" ?IT~05.4 HUM~ IU, G~ WATCH/~~CAF"~.~LICATIONS Volume6 (1994)~ newsleUer:

(A601)Arming Rwanda: The ArmsTrade and HumanRi8hts Abuses in the RwandanWar, 1/94, $7.00 (A602)South Africa: Impuni~ for HumanRigh~ Abuses in Two Homelands,3/94, $3.00 (A603)Liberia:Hurnan Ri8hts Abuses by flic Liberian Peaoe Council and the Need for International Oversight,5/94, $3.00 (A604)Genocidein Rwanda:ApriI-May 1994, $/94, $3.00 (A60~MultipartyismBetrayed in Ktq’l~lr:Continuing Rural Violence n.~d. Restrictions on Freedom of Spee¢hand Assembly,7/94, $$.00 (A606)HumanRights in Afx’i~aM U,$. Policy: A Special Report by HunmnRights Watc.h/A~ica for theWhite House Conference onA~ic~ held June 25-2.7, 1994,.7/94, $$.00 (A607)SecondClass Citizens: Discrimination Against Women Under Botswana’s Citizenship Act, 9/94, $3.00 I~0o~0o5s RECENT l I IBLICATIONS FROM HUMAN Ri(,H 1 S ~ A I~H/~I~I~ICA

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