Montreal, September 4, 2000

To His Excellency Mr. Bill Clinton

President of the United States of America

The White House

1600 Pennsylvania Ave.

Washington, D.C. 20500

Subject: Impunity for crimes against humanity and political repression in Rwanda

Dear Mr. President,

We have been informed of the up-coming state visit of the Rwandan ruler, Major-General Paul Kagame, to Washington on September 6, 2000. As member of the coalition «Union of the Rwandese Democratic Forces (UFDR)» and on behalf of the oppressed people of Rwanda, the Rally for the Return of Refugees and Democracy in Rwanda (RDR) is deeply concerned by the continuing impunity and support enjoyed by General Paul Kagame whose army committed and is still committing numerous crimes against humanity, war crimes and grave violations of the international law in Rwanda since October 1990 and in the Democratic Republic of Congo since August 1996.

By some feelings of guilt for having failed to prevent and stop the rwandan genocide in 1994 or by the pursuit of profits from sales of arms to Rwanda, some members of the international community are inclined to turn a blind eye to political repression in Rwanda and crimes against humanity committed by many political and military leaders of the Rwandan Patriotic Front (RPF). However, for the oppressed people of Rwanda, the RPF-led dictatorial regime is like a wolf in sheep’s clothing, something which must be recognised for what it really is and not for what it pretends to be. What mostly saddens the oppressed people of Rwanda struggling for justice, democracy and freedom is that among those who are providing their oppressors with terrifying weapons of destruction, condone, assist and actively support the tyranny in Rwanda are democratic countries which allegedly care for justice and freedom.

Since the invasion of Rwanda by the RPF from Uganda in October 1990, Rwanda has been the theatre of grave violations of human rights and international laws committed by the two belligerents. On the basis of the reports of the United Nations Secretary-General (S/1994/879 and S/1994/906), the Special Rapporteur for Rwanda of the United Nations Commission on Human Rights (S/1994/1157, annex I and annex II) and the impartial Commission of Experts’ preliminary report on violations of international humanitarian law in Rwanda (S/1994/1125), the U.N. Security Council created the International Criminal Tribunal for Rwanda(ICTR) by its resolution 955 of 8 November 1994. The Commission of Experts clearly concluded in its preliminary and final reports that "individuals from both sides to the armed conflict in Rwanda during the period from 6 April 1994 to 15 July 1994 perpetrated serious breaches of international humanitarian law, in particular of obligations set forth in Article 3 common to the four Geneva Conventions and relating to the protection of victims of non-international armed conflicts of 8 June 1977" and that "ample evidence indicates that individuals from both sides to the armed conflict perpetrated crimes against humanity". Among the perpetrators of those crimes against humanity and serious violations of international humanitarian law, the Special Rapporteur of the U.N. Commission on Human Rights clearly identified the then "Rwandese State authorities" overthrown by the RPF’s armed wing, Rwandan Patriotic Army (RPA), in July 1994 and the "RPF organs, particularly those in charge of military operations", now ruling Rwanda. Six years later, it is saddening to see that all notorious RPF suspected war criminals are in high government posts and enjoy complete impunity. The ICTR needs their full cooperation for movement of its personnel and witnesses for prosecution of those who lost power. However, no one can claim that justice is being done if two persons commit the same crime, but the police choose to prosecute only the weak and poor suspect and let free the other one.

The RPF-led dictatorial government has interpreted the absence of any indictment against any of its numerous suspected war criminals as a granted international immunity and extended their crimes beyond the Rwandan borders. Their army, RPA, invaded the Democratic Republic of Congo (DRC), former Zaïre, the first time in 1996-1997 and the second time in August 1998, where it massacred more than 200000 civilian Hutu refugees, committed and is still committing numerous crimes against humanity, war crimes and grave violations of international humanitarian law. In press interviews to Washington Post and the South African daily Mail & Guardian published on July 19, 1997 and August 8, 1997, respectively, Major-General Paul Kagame acknowledged himself that his government had planned and led the military campaign that dispersed the refugee camps in Eastern Congo. The crimes against humanity committed by the RPA in Congo in 1996-1997 have been well documented by the United Nations Commission on Human Rights, the United Nations Secretariat and many international human rights organisations. By its Presidential Statement S/PRST/20 on 13 July 1998, the U.N. Security Council condemned those crimes and urged in particular the rwandan government to arrest and prosecute their perpetrators. However, suspected war criminals on power in Rwanda couldn’t prosecute themselves. Many have been promoted. On February 18, 2000, the rwandan government appointed Colonel James Kabarebe, previously an officer in the Ugandan, Rwandan and Congolese armies and the most powerful commander in Congo when the RPA was systematically massacring Hutu refugees, as deputy chief of staff of the RPA. We appeal to the US government and people, to all members of the U.N. Security Council and the international community to take all necessary measures to make sure that all suspected Rwandan war criminals, whatever their ethnic group, political affiliation and current status, are brought to justice.

Since it assumed power in Rwanda in July 1994, the RPF has banned the activities of other political parties, established a police state and always resorted to naked force and violence to crush the aspirations of the rwandan people to liberty and justice. Since its foundation, the RDR has urged its members to favour the methods of persuasion and debate believing that in the end reason will prevail. We appealed many times to General Paul Kagame and his government for dialogue with the political opposition to put an end to dictatorship, oppression, political persecution and ethnic discrimination in Rwanda. However, instead of meeting the legitimate political demands of the people and redressing their grievances, General Paul Kagame has always replied by the thunder of the guns and the rattles of the jail keys. He has interpreted the peacefulness of the political opposition as a weakness and all people's non-violent policies have been taken as a green light for government violence. Whereas the government should be a sacred trust of the people, the authority of which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people, Rwanda is a country ruled by the gun. What the people are determined not to do, at whatever cost may be, is to acquiesce in a status quo that makes them semi-slaves in their own country. Being under the oppression is not a pleasant thing for those who have to suffer it, and there is nothing else for them to do but to continue to fight oppression until they overcome it. Thousands upon thousands of our people have refused, refuse, and will always refuse to accept their oppression as God-given and to submit to tyranny.

In the RDR, we believe that the structural conditions prevailing now in Rwanda are conducive to future violence if not addressed immediately. The ban of political activities, the absence of a democratic government accountable to the Rwandan people, the lack of an independent and democratically-elected parliament, the lack of an independent and competent judiciary, the continued violations of basic human rights with impunity and the prevalence of draconian and ruthless censorship which result in a culture of fear are the seeds for future violence in Rwanda. We believe that the establishment of true democratic political institutions with an abiding culture of human rights is the main bedrock for a true lasting peace and development. Only on this basis can true peace in Rwanda be firmly entrenched and take hold. We appeal to the US government and other members of the international community to stop all exports of arms, military supplies and training to the RPF-led dictatorial government’s army because they bring only death and misery to the rwandan people. We ask the US government to condition all future aid flows to the Kigali government to its true human rights record and steps taken on the road to dialogue with the political opposition, true democracy and freedom for all. In so doing, you can be assured of our full support in our struggle for a democratic and free Rwandan society in order to achieve our motto «a reconciled people in a rule of law».

For the RDR

Emmanuel Nyemera, Ph.D.

Vice-President

Copy to :

Honorable Madeleine K. Albright

U.S. Department of State

2201 C Street, NW

Washington, D.C. 20520

Senator Jesse Helms, Chairman

U.S. Senate’s Committee on Foreign Relations

450 Dirksen Senate Office Building

Washington, D.C. 20510

Honorable Benjamin A. Gilman, Chairman

U.S. House of Representatives’ Committee on International Relations

2170 Rayburn House Office Building

Washington, D.C. 20515