SECRETARY-GENERAL, ASSEMBLY PRESIDENT STRESS NEED FOR SUSTAINED VIGILANCE AS MASSIVE HUMAN RIGHTS VIOLATIONS CONTINUE

10 December 1996

Press Release
GA/9194

SECRETARY-GENERAL, ASSEMBLY PRESIDENT STRESS NEED FOR SUSTAINED VIGILANCE AS MASSIVE HUMAN RIGHTS VIOLATIONS CONTINUE

19961210 Despite Progress, New Threats Seen; Assembly Debates Report Of Rwanda Criminal Tribunal: Stronger International Support Urged

Secretary-General Boutros Boutros-Ghali, addressing the General Assembly this morning on the occasion of Human Rights Day, called upon Member States to rededicate themselves to the defence of fundamental freedoms and to the protection of human rights.

Warning that hard won rights and freedoms were threatened by intolerance, racism, xenophobia, religious fanaticism, hunger and poverty, the Secretary-General said that more than ever before the globalization of the world economy went hand-in-hand with the globalization of democracy and respect for human rights.

The President of the Assembly, Razali Ismail (Malaysia), said that since the adoption of the Universal Declaration of Human Rights on this day in 1948, global events had demonstrated that peace, democracy, development and human rights were intrinsically interdependent. However, the continuation of widespread human rights violations revealed the wide gap between international principles and the bare facts of life for many.

The Assembly President said that since the principle of human rights had developed in the context of the rights of the individual, the political and social circumstances had been disregarded. That inherent weakness had allowed governments and powerful interests to discard all notions of universality and inalienability, and to use them selectively as political weapons against their opponents.

Also this morning, the Assembly considered the report of the International Criminal Tribunal for Rwanda. Several speakers stressed the urgency of supporting the work of the Tribunal to enable it to fulfil its mandate, thus averting the spectre of further bloodshed by those who felt they had been denied, or could not obtain, justice.

General Assembly Plenary - 1a - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Laity Kama, President of the International Tribunal for Rwanda, said that while the Tribunal had enjoyed support and encouragement from a number of States, it was regrettable that no African State had adapted its national legislation in order to contribute to its work. The Tribunal had not enjoyed the support it expected from the international community, he said, stressing that if there were no indictments, no justice could be said to have been served. There could be no justice, he went on, if -- among others -- the Office of the Prosecutor continued to lack adequate personnel.

The Rwanda Tribunal, said Jan Berteling, representative of the Netherlands, had always stood in the shadow of the Yugoslavia Tribunal. Political, diplomatic and legal circles had concentrated on the Yugoslavia Tribunal, which was an unfortunate and unjustified situation.

The representative of Rwanda, Pierre-Emmanuel Ubalijoro, told the Assembly that while the former Rwandan leadership and its militias had "butchered" more than a million Rwandans, reports of systematic rape as a tactic of war received little attention. He said a survey by Rwanda's Ministry of Family and Women's Affairs estimated that more than 15,700 girls and women between the ages of 12 and 65 were raped. He noted the appeal of the Tribunal to African States for their full cooperation in its work.

Also speaking in the debate were the representatives of the United Republic of Tanzania, South Africa, Lesotho, Argentina, Tunisia, Belgium, Malaysia, Germany and Italy.

Also this morning, accepting recommendations of its General Committee, the Assembly decided to include on its current agenda an item on observer status for the International Tribunal for the Law of the Sea. That item would be considered directly in plenary. An item on the proclamation of 21 November as World Television Day was also included on the agenda, also to be considered directly in plenary. The Assembly accepted a proposal by the representative of Italy that the item be considered before the end of the Assembly's regular session.

The Assembly meets again at 3 p.m. to consider the reports of its First Committee (Disarmament and International Security).

Assembly Work Programme

The General Assembly met this morning to adopt the agenda of its fifty- first regular session and the allocation of items, and to consider the report of the international criminal tribunal on Rwanda. The Assembly also marked the observance of Human Rights Day.

Adoption of Agenda of Fifty-first Session

The Assembly had before it the fourth report of its General Committee (document A/51/250/Add.3) which includes requests for the inclusion of two new items in its current agenda, to be considered directly in plenary. The first is an item entitled "Observer status for the International Tribunal for the Law of the Sea in the General Assembly". The request was submitted by Argentina, Belize, Finland, Germany, Jamaica, Lebanon, Senegal, Sierra Leone and Tunisia.

The Committee also considered a request for the inclusion of another item entitled "Proclamation of 21 November as World Television Day". This recommendation is made on the understanding that the General Assembly would determine when the item would be considered during the fifty-first session.

International Tribunal on Rwanda

The Assembly had before it a note by the Secretary-General (document A/51/399-S/1996/778) transmitting to Members of the Assembly and to members of the Security Council the first annual report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994.

The report recalls that in a report to the Security Council dated 13 February 1995 (document S/1995/134), the Secretary-General submitted proposals on the implementation of the decision to establish the Tribunal, including, in particular, possible locations for the seat of the Tribunal. By resolution 977 (1995) of 22 February 1995, the Security Council decided that, subject to the conclusion of appropriate arrangements between the United Nations and the Government of the United Republic of Tanzania, the Tribunal would have its seat at Arusha.

The introduction to the report also deals with the organization of the Tribunal, providing that the Tribunal shall consist of (a) the Chambers, comprising two Trial Chambers and an Appeals Chamber; (b) the Prosecutor; and (c) the Registry.

General Assembly Plenary - 3 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Noting that Judge Richard Goldstone serves as Prosecutor for the International Tribunal for the Former Yugoslavia as well as for the International Tribunal for Rwanda, the report states that on 20 March 1995, Judge Honoré Rakotomanana was appointed by the Secretary-General of the United Nations to be Deputy Prosecutor for the Rwanda Tribunal. Since the Prosecutor is based in The Hague, the Deputy Prosecutor has the responsibility of overseeing the day-to-day business of overseeing the office in Kigali, Rwanda.

The selection and recruitment of staff for the Office of the Prosecutor has been a long and complex process, the report says. The budget for the Tribunal for 1994-1995, as submitted to the Advisory Committee on Administrative and Budgetary Questions (ACABQ) in July 1995, reflected initial staffing requirements of 114 posts, expected to increase to 175. Like its counterpart in the International Tribunal for the Former Yugoslavia, the Office of the Prosecutor comprises four main sections: Investigations, Prosecution, Legal Services and the Administration and Records.

On 8 September 1995, Andronico O. Adede was appointed Registrar of the Tribunal by the Secretary-General. The Registry comprises a legal office, headed by the Deputy Registrar, and an administrative department under the Chief of Administration.

Reviewing the main activities of the Tribunal from November 1994 to June of this year, the report says that that period covers the establishment of the Tribunal's material and legal infrastructure and the beginning of its judicial activities. The Tribunal's first plenary session, from 26 to 30 June 1995, took place at The Hague, because the Tribunal's premises in Arusha were not yet ready. Although the inaugural session took place that week, the judges were not regarded as having officially taken office until 19 June 1996, one year later. From 8 to 12 January 1996, the judges met at the Tribunal's seat in Arusha for their second plenary session, adopting amendments to the rules of procedure and evidence in the light of the practical problems encountered in implementing the rules.

Judicial action taken by the Tribunal on 30 June 1996 included the confirmation of six indictments (or conduct of the pre-trial phase of the proceedings in respect of 14 individuals), review of three requests for deferral to the Tribunal's competence proceedings relating to the detention of suspects, and the initial appearances of the accused in the framework of three trials.

The report states that the first indictment reviewed by the Tribunal concerned 8 individuals suspected of having committed crimes allegedly perpetrated in Kibuye prefecture. The difficulties encountered by the Prosecutor in conducting his investigations prompted him to suggest to the

General Assembly Plenary - 4 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Tribunal that it should amend the rules of procedure and evidence in order to provide for the detention of suspects on remand and their transfer to the Tribunal's Detention Unit in Arusha.

On 30 and 31 May 1996, three accused persons appeared for the first time before the Tribunal. This was a particularly important event, states the report, because for the first time an international criminal tribunal was sitting in Africa.

In its first year of existence, the Tribunal devoted itself to establishing a functional office in Kigali. Most of the year 1995 was devoted to such activities as establishing cooperation with the Rwandese Government and with other governments, establishing relations with United Nations bodies and specialized agencies and with non-governmental organizations, selecting and recruiting qualified staff, and developing a strategy for investigations and prosecutions.

Among the obstacles which hindered the establishment of the Office of the Prosecutor in 1995, the report continues, was that the necessary administrative infrastructure was not immediately available due to the delay in appointing the Registrar. Thus, the Office of the Prosecutor was unable to concentrate on its first mission. In addition, the precariousness of the Tribunal's financial situation seriously jeopardized the start of the activities of the Office of the Prosecutor.

The strategy of the Prosecutor, given the limited financial and human resources available, was that the Office had no choice but to concentrate on individuals who had been in positions of responsibility. On 22 November 1995, the Prosecutor submitted his first indictment, confirmed by one of the Judges who also issued warrants for the arrest of each of the accused. In February 1996, the second indictment submitted by the Prosecutor was reviewed and on 17 June 1996, the Prosecutor further submitted two indictments, both of which were subsequently confirmed by one of the Judges.

In addition, states the report, the Prosecutor submitted a first formal request, in January 1996, for the Belgian courts to defer to the Tribunal in cases relating to three people. A second request to that effect was submitted in March. Further to the Prosecutor's request, one of the Judges rendered four decisions on 17 May 1996 ordering the provisional detention of four people, all of whom were being held by the authorities in Cameroon.

On the need for support and cooperation from the international community, the report explores the contacts and meetings between officials of the Tribunal and Rwandese authorities and governments in the area. It adds that in the course of the year, the Prosecutor participated in various meetings in Europe and in North America, at which he was able to meet with representatives of States Members of the United Nations and with

General Assembly Plenary - 5 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

representatives of international and non-governmental organizations in an effort to enlist and strengthen their support and cooperation.

On 3 May 1995, the Prosecutor sent all governments a letter concerning their cooperation with the Tribunal, and on 19 May, convened a special meeting of the operational group on assistance to Rwanda, in Kigali. The purpose was to bring the Tribunal's financial situation to the attention of members of the group and to call upon them for assistance in that area. The representatives of more than 20 States and organizations taking part in that meeting pledged more than $7 million in financial assistance.

The report states that despite numerous obstacles, the Office of the Prosecutor made substantial progress in 1995. Thanks to the generosity of one Member State, a database containing more than 5,500 documents relating to the investigations was established in the Office of the Prosecutor in Kigali. The Office still needed to improve means of communications between the various services of the Office and strengthening cooperation with States, and particularly with Rwanda's neighbours, in order to facilitate the smooth progress of investigations and prosecutions.

The Registry, the report notes, is responsible for the day-to-day management of the judicial activities of the Tribunal, and also for establishing and managing a number of services at the disposal of the Tribunal, including the Detention Unit and the Victims and Witnesses Unit. As soon as he took up his duties on 8 September 1995, the Registrar assumed responsibility for the administrative activities necessary for the functioning of the Tribunal. Among other things, he negotiated and concluded a lease with the Government of the United Republic of Tanzania, and procured the equipment necessary for the preparation of the rented premises. He also arranged for the construction of other premises necessary for the functioning of the Tribunal. Lastly, he proceeded to recruit the Tribunal staff.

In its conclusion, the report states that in carrying out its mandate, the Tribunal has been supported by the United Nations and assisted by a number of States. At each stage of the judicial proceedings such cooperation is a prerequisite if the Tribunal is to conduct its work effectively. Among the many challenges, states the report, the Office of the Prosecutor needs greater human and material resources.

The report includes an appendix on the agreement between the United Nations and the United Republic of Tanzania concerning the headquarters of the International Tribunal for Rwanda in Arusha.

General Assembly Plenary - 6 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Human Rights Day

The President, RAZALI ISMAIL (Malaysia), recalled that the Universal Declaration of Human Rights, adopted by the General Assembly on 10 December 1948, marked the first time in history that the world witnessed the emergence of a universal acceptance of minimum standards, expressing the fundamental rights and freedoms of the entire human community.

Although there were now more than 70 legal instruments on human rights currently in force, widespread human rights violations in virtually all regions of the world revealed "the wide gap between these international principles and the bare facts of life for so many of our fellow human beings". Since 1948, he continued, global events had demonstrated with increasing clarity that peace, democracy, development and human rights were intrinsically interdependent.

Why, he asked, did the dominant human rights paradigm continue to fail the majority of humanity? Perhaps, he continued, it was "because human rights as reflected in the United Nations Charter says little about global injustices or the rights of humanity, and does not provide a blueprint for a more just world order". Instead, he went on, human rights were placed in an exclusively individual context, posing a difficult dichotomy between State and society by disregarding the political and social context.

There was no doubt that ideas on human rights had contributed significantly to civilization by endowing the individual with certain basic rights. However, those democratic principles had "scarcely flowed in the opposite direction" and had not forced any State or authority in general to be more accountable to the public.

Governments and powerful interest groups had been able to "re-package human rights" to discard all notions of universality and inalienability, and to use them selectively as political weapons against their opponents. He said, the politicization of human rights in this fashion was now practised by the north and south alike, whenever politically expedient, each pointing a finger at each other. Individual rights and liberties would be meaningful only if fundamental changes to society were brought about by the transformation of values, attitudes and power structures. Ultimately the bottom line was the role of governments and their accountability to those who are governed by them. (For full text of statement see Press Release GA/9195- HR/4316 issued today).

Secretary-General BOUTROS BOUTROS-GHALI said that on the occasion of Human Rights Day the international community should rededicate itself to the universal goal of defending fundamental freedoms and promoting basic human rights wherever they were threatened. Human rights constituted one of the basic pillars of the United Nations Charter, and were at the core of the

General Assembly Plenary - 7 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

civilized order it enshrined. Such freedoms and rights were universal and must be the birthright of all of humanity.

Peace, human rights, democracy and development were the daily work of the United Nations, the Secretary-General said. All around the world, the United Nations was working to prevent and resolve conflicts, and offered millions of people hope for a better and peaceful future. The protection of human rights was a crucial part of those efforts, as was the recognition that individual freedoms and individual rights were part of the foundation for peace within and among nations.

Today, efforts to protect human rights were threatened and challenged by such issues as intolerance, racism, xenophobia, religious fanaticism and terrorism. The prevalence of war and violence, hunger and poverty, and the increase in inequality could undermine hard won rights and freedoms. For those reasons, he said, Member States must renew their commitment to the global task of protecting and promoting human rights.

Countless groups and thousands of individuals had turned to the United Nations human rights bodies for recourse against discrimination, torture, executions, disappearances, and intolerance, he said. Every year, Member States received technical and education assistance. The United Nations High Commissioner for Human Rights was working with Member States to encourage the establishment and strengthening of national institutions for the protection and promotion of human rights. The Centre for Human Rights had established a presence in a number of Member States and was promoting human rights training initiatives.

He said the opinion of the public and the efforts of non-governmental organizations, parliaments and the media all worked as guarantors of respect for human rights. They played a vital mobilization role and reflected the vigilance of the international community. Those new international actors could support States and governments in becoming more attentive to the rights of the individual.

Such collective action in protection of human rights was an essential contribution to global democratization, he said. The process of democratization was linked to the protection of human rights. More than ever before the globalization of the world economy went hand-in-hand with the globalization of democracy and the respect for human rights. (For full text of statement see Press Release SG/SM/6124-HR/4315 issued today).

General Assembly Plenary - 8 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Report of General Committee

Acting on recommendations of its General Committee, the General Assembly decided to include on its current agenda a new item on observer status for the International Tribunal for the Law of the Sea in the General Assembly. The Assembly decided to consider that item directly in plenary.

The Assembly also decided to include on its current agenda the new item on the proclamation of 21 November as World Television Day. The Assembly further decided that the item would be considered directly in plenary, on the understanding that the Assembly would determine when the item would be considered during the current session.

LORENZO FERRARIN (Italy) thanked the Assembly for the inclusion of the item on World Television Day, and proposed that it be considered next week, before the end of the Assembly's regular session.

That proposal was accepted by the Assembly.

International Tribunal for Rwanda

Judge LAITY KAMA, President of the International Tribunal for Rwanda, said there was no need to dwell on the atrocities which made the situation in Rwanda a threat to international peace and security. Pursuant to a request from Rwanda, he recalled, the Security Council established the Tribunal, recognising the importance of justice being done in seeking national reconciliation, along the lines of the Tribunal in the former Yugoslavia. Political and social reconciliation in Rwanda, he continued, would depend on the proper administration of justice so that the guilty would not enjoy impunity, and families would see that justice would be done.

He described the process of putting the Tribunal together, saying that it had emerged as a truly international tribunal. He thanked the Tanzanian authorities for their constant support, and paid tribute to the work of the Prosecutor, whose commitment had been of tremendous benefit to the work that was going on. He said many actual trials would be starting soon, after all the delays and postponements occasioned by "procedural fine-tuning".

Many countries had provided financial, material and personnel support for the Tribunal, he noted. Such cooperation was absolutely vital; without it, operations were often slowed down tremendously. He regretted that no African States had adapted national legislation to encompass the work of the Tribunal. While asking for no special favours, he said that African countries should provide the moral support that Europe had provided for the Tribunal in the former Yugoslavia. A formal request would soon be going out in this respect.

General Assembly Plenary - 9 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

He said there was a need for human and material resources. The Tribunal had not enjoyed the support it expected from the international community. If there were no indictments, no justice could be said to have been served, and there could be no justice if the Office of the Prosecutor lacked adequate personnel.

He said the situation in the Great Lakes region sometimes affected the work of the Tribunal, as it complicated the task of obtaining witnesses. He stressed the importance of the work of the Tribunal as it related to the Great Lakes region. He said the first year showed that every effort had been made to carry out the mandate, but much remained to be done to meet the expectations of the people of Rwanda and the international community. The judges believed in their assignment and would spare no effort towards that end.

DAUDI N. MWAKAWAGO (United Republic of Tanzania) noted that the Secretary-General had pointed out in his report that the Tribunal in Arusha still needed more support, for resources and judicial assistance. If the Tribunal were enabled to fulfil its mandate, he said, the international community would have made a significant contribution towards a more effective regime of international law and the meaningful protection of human rights. It would be seen that law could indeed enhance the mechanisms that protected international peace and security, while at the same time providing a critical catalyst to the healing process in Rwanda.

He said he was concerned at the Tribunal's precarious financial situation, which might impinge upon some of its activities, particularly those of the Office of the Prosecutor, which bore the primary responsibility for investigations and prosecutions. "Our commitment to bring to justice those responsible for the genocide in Rwanda hinges significantly on the performance of that Office", he added. The United Nations must do its utmost to support both the Tribunals in Rwanda and the former Yugoslavia. Those States and organizations which had made generous donations in kind, or to the Voluntary Trust Fund, in favour of the Tribunal, deserved commendation.

He noted that cooperation and judicial assistance with the International Criminal Tribunal for Rwanda were provided for in Article 28 of its statute, stipulating that States should comply without undue delay with any request for assistance or an order issued by the Tribunal. He endorsed the call by the Secretary-General for the provision of sufficient means to enable the Tribunal for Rwanda to discharge its mandate, and thus fulfil the aspirations of the international community.

LESLIE GUMBI (South Africa) said the report marked the first time that the Assembly had considered developments since the establishment of the Rwanda Tribunal, by its resolution 955 of 8 November 1994. As with any new institution, a number of teething problems were evident. The precarious

General Assembly Plenary - 10 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

financial situation at the United Nations had hindered the work of the Tribunal and the Tribunal's Registrar had not been appointed until 8 September 1995. Although the Office of the Prosecutor continued to suffer from major staff shortages, substantial progress had in fact been made during the last 12 months, including the indictment of 14 suspects on charges of genocide.

He said cooperation by Member States with the Tribunal was essential, since the Rwanda Tribunal had no enforcement agencies at its disposal. There was a need for national legislation to provide for such cooperation. To face the challenges of 1997, the Office of the Prosecutor should be provided with the necessary human and material resources; the Tribunal itself should be given the needed financial resources to enable it to complete the construction of the two envisaged courtrooms, and the accommodation of both victims and witnesses.

JAN BERTELING (Netherlands) said that much of what had been discussed a few weeks ago in relation to the Yugoslavia Tribunal was applicable to the Rwanda Tribunal. Both faced a very difficult task -- to investigate one of the most egregious crimes known to humanity, the crime of genocide -- and given the limited resources, the high expectations among survivors and other factors. But it would be too easy to conclude that its task was an impossible one.

The Rwanda Tribunal, he noted, had always stood in the shadow of the Yugoslavia Tribunal. Political, diplomatic and legal circles had concentrated on the Yugoslavia Tribunal, which was an unfortunate and unjustified situation. The seriousness of the crimes committed and the number of victims were similar. It was hoped that the fact that the first trial before the Rwanda Tribunal, which it was hoped would start at the beginning of next year, might balance the situation.

Another problem was that the Rwanda Tribunal faced serious financial and managerial problems. Coordination with United Nations Headquarters had been far from optimal and budgetary decisions had been implemented too slowly; as a result, considerable delays had occurred. The Netherlands welcomed the recent mission of the Office of Internal Oversight Services to the Tribunal and sincerely hoped it would lead to improvement.

The third problem was the question of cooperation of States with the Tribunal. Only a limited number of States had passed legislation enabling such cooperation. Furthermore, although the whereabouts of many of the leaders responsible for the genocide were well-known, only a few were in the hands of the Tribunal. The Netherlands attached great importance to breaking the circle of impunity which had reigned in Rwanda during the last decades.

General Assembly Plenary - 11 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

PERCY MANGOAELA (Lesotho) said that besides the swift establishment of its normative and logistical infrastructure, the Tribunal's first indictment of eight suspects and the subsequent confirmation of those indictments in November 1995 were indicative of its commitment to prosecute all suspects without delay.

Of particular significance to the international community, and especially to Africa, was the first appearance before the Tribunal of the three accused in May 1996. That was a milestone which marked the beginning of an era in which the pursuit of justice would assist the cause of peace. He welcomed the significant contributions of the international community, but it should be increased and enhanced.

He also stressed the importance of effective cooperation between States and international tribunals. The obligation to cooperate, he noted, stemmed from membership of the United Nations. To enhance the Tribunal's effectiveness, cooperation was needed in such areas as informing the Prosecutor of the arrest of a suspect or an accused; informing the Registrar promptly of an arrest or inability to execute an arrest warrant, and informing all accused at the time of their trial of their rights and charges they faced in a language that they understood, as well as surrendering or transferring the accused persons to the Tribunal without resorting to the traditional extradition procedures.

He said the international community had been particularly slack in the task of enacting legislation permitting cooperation with the Tribunal. In almost two years of the Tribunal's establishment, only 11 States had enacted such legislation. Lesotho, together with its partners in the southern Africa, would continue to do its utmost to meet the requirements for effective cooperation with the Tribunal, and called on all States, especially in Africa, to do the same. The creation of the Rwanda Tribunal had enhanced the momentum towards a permanent international court, and the perceived success or otherwise of the Rwanda Tribunal in the early stages could either enhance or frustrate the prospects for that court.

FERNANDO PETRELLA (Argentina) said his delegation welcomed the first annual report of the Rwanda Tribunal, which despite initial difficulties was operational and had begun its judicial activities, including the indictment of 14 persons. The creation of the Tribunals of Tokyo and Nuremberg and, almost 50 years later, the Tribunals for the former Yugoslavia and Rwanda reaffirmed the international community's conviction that justice was an imperative condition for sustainable peace.

Recent history and collective commitment on the part of the international community meant the community's full support of those institutions, the work of which should consolidate an international system based on international law and individual responsibility.

General Assembly Plenary - 12 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

SLAHEDDINE ABDELLAH (Tunisia) said the situation in the Great Lakes region continued to be of concern to the international community because of the tension and insecurity in the area. There was fear of a return to the horrors of the killings if preventive measures were not taken. National reconciliation would remain but a pious hope, unless the issue of impunity was resolved. It had taken too much time to set up the Tribunal. The reason for the delay had been given as lack of financial resources, and that should not be the case.

Another issue of importance was that of cooperation between States in the area and the Tribunal. At the Tunis Summit in March 1996, those States undertook fully to support the Tribunal, and to transfer all persons charged in their territory to the Tribunal and generally help the Tribunal execute its mandate. He hoped that they would carry out their obligations so that the Tribunal could conclude its work successfully.

ALEX REYN (Belgium) said his country had always considered the creation of the Rwanda Tribunal a matter of the greatest importance, and was making an important financial contribution, so as to help it in the accomplishment of its task. Belgium was also cooperating on a judicial level, by adopting a law last March allowing Belgian jurisdictions to share certain files with the Tribunal.

He said support for the Rwanda Tribunal was indispensable if justice were to be done. Member States should cooperate fully with the Tribunal, but this was not the only key to success. Two years after the massacre in which hundreds of thousands of people had perished, only 21 persons had been indicted, of which 13 were arrested. Justice required caution, but caution could not fully justify the slowness of proceedings.

He said the Tribunal's work was sometimes encumbered by procedures which were a frail combination of several judicial systems. It would seem that it was essential to establish a true judicial strategy in order to improve procedures. The difficulties should serve as experience in order to eliminate cumbersome procedures and let the Tribunal consecrate itself to its task: judging those responsible for genocide.

With the return of refugees, Rwanda needed the Tribunal more than ever; it was inconceivable that those responsible for genocide should escape punishment. Justice, he said, was also indispensable for national reconciliation. Rwanda should not be abandoned to a climate of suspicion which would only regenerate another cycle of violence.

HASMY BIN AGAM (Malaysia) said his Government welcomed the serious efforts undertaken by the Government of Rwanda towards national reconciliation and to rebuild the country. However, the return to peace and stability through the restoration of law and order could succeed only on the basis of

General Assembly Plenary - 13 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

the restoration of public confidence in the rule of law in Rwanda. The perpetrators of genocide in Rwanda must be brought to justice. It was imperative to prevent another cycle of violence by those who felt denied justice.

He said the importance of the International Tribunal for Rwanda and that for the former Yugoslavia could not be overemphasized. The effective and successful conclusion of the work of the Rwanda Tribunal was important in ensuring that punishment of the guilty was meted out through due process. The Tribunal should be supported and encouraged by the international community, so that it could fully discharge its responsibilities.

WALTER GERHARD HENZE (Germany) said his Government appreciated the Tribunal's achievements to date. Twenty-eight cases had been taken up, with indictments handed down in 21 of those cases; 12 suspects were being detained; and three trials had begun. However, Germany was conscious of the difficulties faced by the Tribunal and understood the impatience of the Government of Rwanda regarding its slow progress. None the less, Germany appealed to all to everyone to show patience and lend support to the Tribunal. Any lack of cooperation based on a negative evaluation of the Tribunal's performance threatened to become a self-fulfilling prophecy. Ways must be found to improve the cooperation between the Tribunal and the Government of Rwanda.

Germany continued to lend political and material support to the Tribunal, he continued. The Prosecutor to be delegated by Germany would take up his post in Kigali by the end of the week. Germany called upon all States to lend their support to the Tribunal as there was no other way of overcoming the stigma of the genocide that stood in the way of reconciliation in Rwanda.

MAURO POLITI (Italy) said he was pleased at the progress that had been made so far by the Tribunal. The cooperation of States played an important role in that endeavour. The Tribunal depended on the full support and encouragement of the international community. The experience of the Rwanda Tribunal, like that of the one in the former Yugoslavia, was important in terms of the hopes for a permanent international tribunal.

PIERRE-EMMANUEL UBALIJORO (Rwanda) said that for two years, "while the former genocidal Rwandan leadership and its militias butchered over 1,000,000 Rwandans", reports of systematic rape as a tactic of war had received little attention. One survey, conducted in Kigali and several other areas by Rwanda's Ministry of Family and Women's Affairs, estimated that during the crisis, more than 15,700 girls and women between the ages of 12 and 65 were raped. In all the areas which the militia massacred civilians, they also raped women, and the real number of women who were raped would never be known because most victims of rape had chosen to remain silent because they were either traumatized, ashamed or bitter with society.

General Assembly Plenary - 14 - Press Release GA/9194 78th Meeting (AM) 10 December 1996

Some women, he said, were gang-raped and some were forced to watch their families murdered or raped, while others were taken prisoner and coerced into living in the homes of the men who raped them.

He said that the concentration of the Tribunal over the past two years on the establishment of the legal and material structure prior to the commencement of trials had taken too long. The survivors of genocide had begun to lose hope in the structure, purpose and objective of the Tribunal. Four "well-known key architects of genocide in Rwanda" being held by Cameroon had not been handed over to either the Rwanda Government or the Tribunal to face trial. That underlined the need for international cooperation.

He noted that the President of the Tribunal had asked the Secretary- General of the Organization of African Unity (OAU), to request all African States to comply with their obligations to cooperate with the Tribunal. He said he was also pleased that the President would soon send similar letters to all Member States of the United Nations.

Turning to technical aspects of the Secretary-General's report, he noted that witness protection had been established, and said he hoped it would be effective and extended to gender-related crimes such as rape. It was important that the financial situation of genocide suspects was fully investigated before they were provided with counsel, he stressed, since the key architects of the genocide possessed tremendous wealth. He regretted the delays in staff recruitment which had affected the start-up and follow-up phase of the Tribunal. It was painful for his country to learn that this problem persisted. The Secretary-General should grant the Tribunal power to delegate authority in personnel matters, so that the investigative function could be completed rapidly, thus contributing to speeding up the process of reconciliation.

* *** *