S/PV.3400 Security Council

As this is the first meeting of the Security Council for the month of July, I should like to take this opportunity to pay tribute on behalf of the Council to His Excellency Mr. Salim Bin Mohammed Al-Khussaiby, Permanent Representative of Oman to the United Nations, for his service as President of the Security Council for the month of June 1994. I am sure that I speak for all members of the Security Council in expressing our deep appreciation to Ambassador Al-Khussaiby for the great diplomatic skill and unfailing courtesy with which he conducted the Council’s business last month. Adoption of the agenda

The Security Council will now resume its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them the report of the Secretary-General on the situation in Rwanda, contained in document S/1994/640. Members of the Council also have before them document S/1994/775 in its provisional form, which contains the text of a draft resolution submitted by Argentina, the Czech Republic, France, New Zealand, Spain, the United Kingdom of Great Britain and Northern Ireland and the United States of America. I should like to announce that the Russian Federation has joined as a sponsor of the draft resolution. It is my understanding that the Council is ready to proceed to the vote on the draft resolution before it. Unless I hear any objection, I shall put the draft resolution to the vote. There being no objection, it is so decided. I shall first call on those members of the Council who wish to make statements before the voting. I wish also to convey, through you and through the delegation of Oman, our thanks to Ambassador Al-Khussaiby for his work throughout June, which was particularly busy owing to the many items before the Council. On 6 April 1994, following the crash of the aeroplane carrying the Presidents of Burundi and Rwanda, which caused the death of both men in circumstances that have yet to be clarified, an orgy of violence was unleashed in Rwanda, which has shaken the conscience of the entire world. The Security Council has already condemned these acts and has adopted a number of decisions aimed at dealing with the various manifestations and aspects of the terrible crisis afflicting Rwanda. The presidential statement of 30 April (S/PRST/1994/21) inter alia condemned the violations of international humanitarian law committed in Rwanda and recalled that genocide is a crime punishable under international law. Resolution 918 (1994) of 17 May authorized the expansion of the United Nations Assistance Mission for Rwanda (UNAMIR), and resolution 925 (1994) of 8 June established the terms for the expanded UNAMIR. In addition, a multinational force with humanitarian objectives was authorized in Rwanda by resolution 929 (1994) of 22 June. I should also like to note that one of the first acts of Ambassador Ayala Lasso, the High Commissioner for Human Rights, in the exercise of his functions was personally to visit Rwanda. My delegation would like once again to praise his efforts in denouncing the serious human rights violations there and in calling this grave situation to the attention of the international community. Thanks to him, the United Nations Human Rights Commission appointed a Special Rapporteur for Rwanda, who has just issued a provisional report on his work. The Secretary-General’s report of 31 May corroborated the information which members of the Security Council had been receiving through various channels and credible sources on the massacres and killings in Rwanda, indicating that these were being carried out systematically and were being directed first and foremost against communities and families belonging Information from all sources shows that the killing is continuing in Rwanda. This is indicated in the report of the Special Rapporteur of the Commission on Human Rights, Mr. Degni Segui, issued on 28 June. This report corroborates the extent and abominable nature of the killings. According to the Special Rapporteur, there can be no doubt that genocide is being committed in Rwanda. Faced with this situation, the international community cannot remain passive, particularly given the specific terms of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, a crime which, because of its particularly serious nature, is termed a crime against humanity. One objective of the draft resolution which my country, together with seven other co-sponsors, is submitting for the consideration of the Security Council is the establishment of an impartial Commission of Experts to examine and analyse all the available information on the serious violations of international humanitarian law committed in Rwanda since the beginning of the current conflict. Indeed, as the Secretary-General points out in his report, only a proper investigation can establish the facts in order to determine responsibility. Spain promoted this initiative, together with other Council members, because it feels that the Security Council should react to the grave violations of international humanitarian law, including acts of genocide, being perpetrated with total impunity in Rwanda, by determining the facts and bringing those responsible for such crimes against humanity to justice. This objective was reaffirmed by the European Union at its meeting of Heads of State and Government in Corfu on 24 and 25 June, at which the European Council expressed its horror at the genocide in Rwanda and stated that those responsible should be brought to justice. At the same time, it is extremely important that the efforts of the Secretary-General and of his Special Representative continue and be intensified, together with those of the Organization of African Unity and the countries of the region, to promote a cease-fire and political My delegation pays tribute to the Secretary-General for his frankness in denouncing the inadequacy of the international community in the face of the agony of Rwanda and for his condemnation of the genocide which has been carried out in that country. We trust that today’s resolution will make it possible to demonstrate that his efforts have not been in vain.

I thank the representative of Spain for the kind words he addressed to my predecessor and to me.

It is a special honour to me to be among the first to congratulate you, Sir, on your assumption of the presidency of the Council. Knowing that you will bring to bear upon our full and ever-growing agenda the wisdom of experience and your wide-ranging diplomatic skills, I am confident that we are in good hands for the month of July. I should also like to take this opportunity to express my gratitude for the dedicated and adept way in which your predecessor, Ambassador Al-Khussaiby, guided us through our intense work during the month of June. By its action here today, the Council takes another important step towards bringing to justice those responsible for the horrible acts of slaughter and destruction committed in Rwanda. Since 6 April, over 200,000 people have been hunted down and killed in politically motivated ethnic violence and genocide. Hundreds of thousands more have been forced to flee to neighbouring countries. As the Council recognizes by passage of this draft resolution today, the international community demands that those who have committed these atrocities be held accountable. As Secretary of State Christopher told the United States Senate only yesterday, "It is clear that there is genocide. There are acts of genocide in Rwanda, and they ought to be pursued". It is critical as well that all organs of the United Nations system, all Member States and all other parties cooperate fully and closely with the Commission. Members and expert staff of the Commission will need access to evidence and to sites where atrocities occurred, and they must be permitted, as the draft resolution urges, to gain that access. The Commission also will need adequate funding to be able to accomplish its duties. We strongly encourage Member States voluntarily to provide the necessary funds. Our goal must be individual accountability and responsibility for grave violations of international humanitarian law in Rwanda. We must fix responsibility on those who have directed these acts of violence. In so doing, we can transform revenge into justice, affirm the rule of law and, hopefully, bring this horrible cycle of violence to a merciful close. Finally, now that the Council has laid the groundwork for confronting the humanitarian tragedy in Rwanda, it must be ready to respond as quickly as possible to the Commission’s report. It is imperative that we avoid any unnecessary delay in bringing to justice those responsible for serious breaches of international humanitarian law.

Mr. President, allow me to join those who spoke before me in congratulating you on assuming the presidency of the Council for July. I consider it a personal honour and pleasure to be able to thank you, because you have been particularly generous in the friendship you have extended to me. I would be greatly remiss if I did not take this opportunity also to thank and congratulate Ambassador Al- Khussaiby for the work he did in June. Indeed, it appears that the tempo of our work had increased to a remarkable degree. We note that it is not all that frequent that one report of the Secretary-General should require two separate resolutions by the Security Council. The fact that the 31 May report is today leading us to seek a second report goes to show the truly exceptional nature of the events in that country. As for the basic humanitarian, political and military framework, let me recapitulate that my delegation has denounced in the harshest terms possible the continuing genocide in Rwanda. We appeal for an immediate cessation of the murdering of the civilian population, for an end to the uncontrolled marauding of bandits, and for an end to the incendiary broadcasts of Radio Mille Collines. We also appeal to both sides in the civil war to cease fire, to agree to a truce and to embark on negotiations concerning the future of the country, taking the Arusha Agreement as a basis. Most recently, we welcomed the multinational force organized by France and we are encouraged by news reports about its activities. We believe that the conflict in Rwanda has led to massive and systematic violations of a whole series of international agreements and conventions - including, to name but a few, the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child - and, it goes almost without saying, of international humanitarian law. Let me also add that we feel that the provisions of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity may well be applicable to circumstances in Rwanda. And as my delegation has indicated earlier, we demand that all persons who committed, who abetted or who instigated such crimes be brought to justice. Our interest in ensuring an impartial, just and objective investigation of We feel this to be a fitting conclusion to one phase of our work concerning Rwanda. As a Council we will, of course, not stop carefully monitoring the situation. We will be especially looking forward to news about the establishment of the Commission of Experts as called for in the draft resolution and, upon the completion of its work, to the Secretary-General’s recommendations for further appropriate steps.

I thank the representative of the Czech Republic for the kind words addressed to my predecessor and to me.

Mr. President, my delegation wishes to associate itself wholeheartedly with the compliments extended to the Ambassador of Oman for the outstanding way in which he conducted the proceedings of the Council last month. My delegation is also very pleased - and this is not a mere courtesy formula - to see you, Sir, presiding over the Security Council this month. For more than two months, systematic violations of human rights and, indeed, genocide, have been committed in Rwanda. These acts arouse the indignation of the entire world, and it would be intolerable if those who have committed them remained unpunished. That is why France has sponsored the draft resolution on which we are about to vote and which would decide to establish a Commission of Experts to investigate human rights violations in Rwanda. This should make it possible to identify those responsible for these crimes so that the Council can then decide, on the basis of the Secretary-General’s recommendations, under which jurisdiction they can be dealt with. My delegation is gratified by the activities conducted by the High Commissioner for Human Rights, as well as by the Special Rapporteur designated by the Commission on Human Rights in respect of Rwanda. We consider it indispensable that their work and that of the Commission of Experts be carried out in close cooperation. My delegation appeals to States and international humanitarian organizations to provide all the evidence and the information they have in their possession. France, for its part, pledges to communicate to the Commission of Experts all the information that it may be able to gather, especially in the course of the operation it is now The priority in Rwanda now is to put an end to the human rights violations and to the massacres. It is for this sole objective that France has intervened within the framework of "Operation Turquoise", with a United Nations mandate, in order to ensure continuity while awaiting the deployment of the expanded United Nations Mission for Rwanda (UNAMIR), which my delegation hopes will occur as soon as possible. Before concluding, I should like to emphasize the special responsibility of the media that incite ethnic hatred and violence. France urges those in charge of the radio stations concerned, and primarily Radio Mille Collines, to put an end to this criminal propaganda. France will do all in its power to ensure the cessation of these broadcasts.

I thank the representative of France for his very kind words addressed to my predecessor and to me. I shall now put to the vote the draft resolution contained in document S/1994/775, in its provisional form.

There were 15 votes in favour. The draft resolution has been adopted unanimously as resolution 935 (1994). I shall now call on those members of the Council who wish to make statements following the voting.

On behalf of the New Zealand delegation, I wish first to congratulate you, Mr. President, on your assumption of the presidency. We know from experience the wisdom and judgement you bring to the position. We also congratulate Ambassador Al-Khussaiby of Oman for the wise manner in which he conducted the Council’s business last month. Though the international response has been too slow, action is now under way to alleviate the situation of Rwandans who have fled the country and of those who are still in the country and can be reached. Clearly, we must continue to give top priority to these immediate tasks. But for Rwanda eventually to achieve a lasting peace and national reconciliation, we must also begin to consider the longer term. The adoption of this resolution today should be seen in that context. There is one central purpose to this resolution: to provide a means for establishing the facts of the genocide and the other outrages that were unleashed following the events of 6 April. Once those facts have been established, then appropriate steps can be taken to determine how persons responsible for such acts, particularly the persons responsible for their planning and organization, can be brought to justice. Genocide and other grave breaches of humanitarian law are international crimes which are subject to universal jurisdiction. Persons suspected of having committed such crimes during the Second World War were put on trial. Much more recently, the Security Council took steps to ensure that persons suspected of committing war crimes in the former Yugoslavia can be brought to justice. We can be no less concerned about the commission of such offences in Rwanda. Right now, the need is to ensure that information on the killings is collected and organized so that there is at least a basis upon which subsequent prosecutions, whether undertaken internationally or through the Rwandan legal system, can proceed. As the Secretary-General notes in his report of 31 May (S/1994/640), this must begin soon if the process is to be effective. The aim of the resolution is not retribution but justice. Moreover, the divisions in Rwanda, be they ethnically or politically based, will only fester and become more poisonous if the events of the past months and the causes from which they sprang are not adequately addressed. The It is not intended that the Commission of Experts should duplicate or cut across the work being carried out by the High Commissioner for Human Rights or the Special Rapporteur appointed pursuant to the resolution of the Commission on Human Rights of 25 May. We see the tasks to be pursued by the High Commissioner and the Special Rapporteur on the one hand, and the Commission of Experts on the other, as being quite distinct. The Commission’s task will be to collect evidence of specific acts of genocide so that at some point determinations of individual responsibility for past acts can be made. By contrast, the focus of the Special Rapporteur is forward-looking, to determine how and why such abuses came to be committed, to make recommendations for bringing such abuses to an end and to help prevent future recurrences. In some cases, the Commission and Special Rapporteur will need access to the same information. This is why the resolution requests that the Secretary- General and the High Commissioner make available to the Commission information submitted to the Special Rapporteur, and ensure that there is appropriate cooperation and coordination between the Commission and the Special Rapporteur. The mechanism we are providing for today is a small step. Some may complain that it is too modest for the task at hand. But it is a beginning and that is important. It demonstrates that the international community accepts its responsibility to uphold the laws proscribing genocide and that it has the will to help the Rwandan people come to terms with what has happened in their country.

I thank the representative of New Zealand for the kind words addressed to my predecessor and to me.

Please allow me to join my colleagues in the Council in warmly congratulating you, Sir, on your assumption of the presidency for this month. The Chinese delegation will fully cooperate with you. I am confident that with your wisdom, talents and rich diplomatic experience, you will surely guide the work of Since the outbreak of the crisis in Rwanda, the international community, and especially the Organization of African Unity and the neighbouring countries of Rwanda, have made valuable efforts for an early restoration of peace in Rwanda. Regrettably, the situation there still defies these efforts. The civil war continues to plunge the people of Rwanda into an abyss of misery, causing an exodus of refugees into the neighbouring States. Furthermore, the humanitarian situation in Rwanda continues to deteriorate. The Chinese delegation is deeply concerned with these developments and has profound sympathy for the Rwandese people. The Chinese delegation is of the view that the only effective solution to the crisis in Rwanda is for the two parties to the conflict to implement the relevant Security Council resolutions and the agreement reached between them, and implement forthwith the cease-fire and replace confrontation with dialogue, thus realizing national reconciliation through political negotiations within the framework of the Arusha Peace Agreement. Only by so doing can peace in Rwanda be truly restored and the sanctity of life and property of the Rwandese people be guaranteed, thus enabling the Rwandese people to enjoy once again peace and stability at an early date. The Chinese delegation voted in favour of the resolution that has just been adopted. However, I wish to take this opportunity to place on record the following two points. First, the Chinese delegation has always maintained that the various organs of the United Nations should perform their functions in accordance with the mandates given them by the Charter. We are concerned with the increasing involvement of the Security Council in matters that are by nature within the purview of other organs. In our view, the Security Council should act as directed by the Charter and focus its efforts on its already heavy and important task of maintaining international peace and security as mandated by the Charter. Based on this position, the Chinese delegation has reservations on those elements in the resolution concerning the High Commissioner for Human Rights and the Special Rapporteur. Secondly, the Chinese delegation holds that the establishment of the Commission of Experts as authorized

I thank the representative of China for his kind words addressed to my predecessor and to me. Sir David Hannay (United Kingdom): I should like to begin by congratulating you, Sir, on assuming office as President of the Council for the second time. I have happy memories of the first occasion and we look forward to working with you very closely. I should also like to thank your predecessor, the Ambassador of Oman, for the unfailingly courteous and firm way in which he chaired the Council during the last month. The whole world has been appalled by the massacres and killings in Rwanda. Those who have committed the atrocities must now be brought to justice. We owe no less to the hundreds of thousands of victims of this tragedy. No one should believe that such acts can be committed with impunity. My Government therefore strongly supports the establishment of the Commission of Experts, and has been pleased to co-sponsor the resolution just adopted. It is our hope and expectation that States and all others concerned will cooperate fully with the Commission in its difficult task. We look forward to receiving its report at an early date so that consideration may be given to what further action would be appropriate. We welcome the emphasis in the resolution on the need for close cooperation between the Commission of Experts, the Special Rapporteur for Rwanda appointed by the Human Rights Commission and the High Commissioner for Human Rights. We have now received the report on human rights in Rwanda submitted by the Special Rapporteur. Mr. Segui makes a clear case that events in Rwanda constitute genocide. The report also raises very serious questions about the complicity of persons and of governmental authorities. In this regard the continued activities of Radio Mille Collines are quite unacceptable. It is intolerable that a radio station in an area under the control of the "interim government" of Rwanda should be permitted to incite persons to commit violations of humanitarian law and attacks on United Nations personnel. The United Nations has demanded that such broadcasts cease immediately, and the members of this Council have demanded that the This resolution sends a clear message to those responsible for grave violations of international humanitarian law, or acts of genocide, that they will be held individually responsible for those acts. The international community is determined that they be brought to justice; it is our duty to ensure that that is done.

I thank the representative of the United Kingdom for the very kind words he addressed to my predecessor and to me.

First, my delegation takes this opportunity to welcome you, Mr. President. We are familiar with your prudence and your other talents, and we have confidence in your leadership. We assure you that we are ready to cooperate with you in your work during the month of July. I wish also to thank my friend Ambassador Salim Bin Mohammed Al-Khussaiby and the entire delegation of Oman for the work that was done in June, which was as effective as it was tenacious. Finally, I should like to express my gratitude to the Ambassador of Spain, who took the leadership role in the present resolution, of which Argentina was a sponsor. The humanitarian crisis being experienced by Rwanda as a result of the violence that exploded there has clearly tragic dimensions. Thus can be seen in the massacres that have aroused horror the world over and have left in their wake about a million and a half displaced persons and some 400,000 refugees in the bordering countries. I would point out that this represents more than one quarter of the total population of the country. This veritable disaster is a kind of barometer alerting us to the fact that there can be no doubt whatsoever that something extremely grave has occurred in Rwanda that has obliged such a large part of the population to face death or to leave their homes and abandon their country. In fact, what has happened has been the massacre of whole families and communities belonging to a certain ethnic group. This is confirmation that atrocities have been committed in Rwanda that can be described as the crime of genocide. In this context, and in accordance with the presidential statement of 30 April last, in which the first request for an investigation was made, the Security Council requests the Secretary-General to establish, as a matter of urgency, an impartial commission of experts to examine and analyse the facts to which I have referred. We wish to emphasize that the urgency of this request is a response to the statement made by the Secretary-General in his report in document S/1994/640 that the effectiveness of an investigation diminishes with the passage of time, because the amount of evidence diminishes and witnesses disperse and the facts become blurred. My delegation views this measure as responding to the need for the international community to reverse the trend apparent in this century of not reacting - for various reasons - promptly and effectively to the atrocities and massacres of the kind we are discussing today. As we have witnessed in many cases, these atrocities and massacres continue without any determination being made as to who committed them until it is too late. In examining whether or not the massacres were committed intentionally, we must make particular reference to the very serious, indeed alarming, repeated broadcasts by Radio Mille Collines. This radio station, which is located in the zone under the control of the Rwandan Government, is, according to the Secretary- General’s report, using its broadcasts to incite persons to eliminate the supporters of the Rwandese Patriotic Front. This information has been repeated orally by the Secretariat, which has also indicated that this campaign of incitement has now been extended to include the United Nations Assistance Mission for Rwanda (UNAMIR), and particularly its Commander. In our view, this is extremely serious. The High Commissioner for Human Rights, Mr. José Ayala Lasso, has been alerted to this alarming situation in Rwanda, and, despite the danger and in fulfilment of his duty, he has visited the country and submitted a report to the Commission on Human Rights. In turn, that Commission appointed Mr. René Degni Segui Special Rapporteur for Rwanda. We take this occasion to commend both officials for their efforts in discharging their responsibilities in such difficult circumstances. The concrete results of the investigations of the Special Rapporteur, which have just been circulated, will of course be particularly useful to the Commission of Experts, as will be the information that other individuals, bodies or organizations that are or have been in Rwanda can provide to the Commission. With this common objective - that crimes of the magnitude of the one with which we are now dealing should not go unpunished - we must emphasize the importance and the necessity of coordination and cooperation between the Commission of Experts and the Special Rapporteur as they carry out their work. All this, which must ensure that those responsible for these crimes shoulder their responsibilities, will contribute to ensuring not only that there will be a lasting solution to the conflict affecting Rwanda, but also that these events that have shocked the world will not be repeated in Rwanda or in any other part of the globe and that it will be made completely clear that the United Nations, in embarking on the present course, will not remain indifferent to such situations.

I thank the representative of Argentina for the kind words he addressed to my predecessor and to me. I shall now make a statement in my capacity as the representative of Pakistan. I should like to begin by placing on record my delegation’s appreciation of the skill, the patience and the Ever since the sad and untimely demise of the Presidents of Rwanda and Burundi in an air crash on 6 April 1994, and the ensuing violence that has engulfed Rwanda, the international community has on many occasions expressed its regrets and concern at the humanitarian tragedy unfolding in Rwanda. The Security Council alone has adopted a number of resolutions pertaining to Rwanda over the past 10 weeks. Though a cease-fire and a dialogue between the Rwandese parties aimed at a peaceful resolution of the problem have received the attention which these two elements rightly deserve, by far of the gravest concern has been the systematic killings that have been carried out in that country and the massive humanitarian catastrophe that has been created as a result. On 30 April 1994 the President of the Security Council recalled that persons who instigate or participate in acts of violence are held individually responsible. In the same statement, and then again in its resolution 918 (1994), the Security Council addressed requests to the Secretary-General relating to the investigation of serious violations of international humanitarian law committed in Rwanda during the present conflict. The Secretary- General himself, in his report of 31 May 1994, referred to the systematic massacres and killings continuing in Rwanda. My Government welcomed the visit to Rwanda by the United Nations High Commissioner for Human Rights, as well as the decision of the United Nations Commission on Human Rights to appoint a Special Rapporteur for Rwanda. Thus, in my delegation’s view, the resolution the Security Council has just adopted has come at a most opportune moment. Indeed, it represents a logical progression of the pronouncements so far made. My delegation fully agrees that the issue of human rights should not be exploited to promote political ends. However, at the same time, we are opposed to the practice of using disingenuous and spurious arguments in order to avoid impartial scrutiny into gross and systematic violations of human rights wherever they may exist. There are no further speakers inscribed on my list. The Security Council has thus concluded the present stage of its consideration of the item on its agenda. The Security Council will remain seized of the matter.