S/2004/335

United Nations

Security Council

Distr.: General
29 April 2004
Original: English

Letter dated 29 April 2004 from the Permanent Representative of
Rwanda to the United Nations addressed to the President of the
Security Council
On instructions from my Government, I have the honour to write to you to
express the concern of my Government about recent events in the Democratic
Republic of the Congo and Rwanda.
The United Nations Organization Mission in the Democratic Republic of the
Congo (MONUC) made allegations last week, including statements to the media,
about the presence of Rwandan troops in the Bunangana area in the territory of the
Democratic Republic of the Congo. My Government categorically rejects these
allegations and calls upon MONUC to conduct a more thorough investigation.
My Government would also like to put the following facts on record:
1.
There are no Rwandan troops in Bunangana or elsewhere on the territory
of the Democratic Republic of the Congo.
2.
The incident of 21 April involving MONUC in Bunangana did not
involve Rwandan troops.
3.
The commander in charge of the troops encountered by the MONUC
team, Lt. Col. Isaie Munyakazi, is a member of the armed forces of the Democratic
Republic of the Congo and is a Congolese national, not a Rwandan.
4.
The tendency of MONUC officers to consider all Rwandophone people
(Kinyarwanda-speaking people) to be nationals of the Republic of Rwanda is as
erroneous as if one were to consider all German-speaking peoples to be nationals of
Germany. Kinyarwanda is the cultural language of many communities throughout
the Great Lakes region, not only in Rwanda. MONUC should therefore exercise
caution before labelling Kinyarwanda-speaking Congolese as nationals of Rwanda.
This is an erroneous characterization which MONUC has made before, and my
Government once again calls upon them to cease this characterization.
My Government is deeply troubled by the continued failure of the international
community to comprehensively address the problem of the continued unfettered
presence of armed, active and dangerous units of the Interahamwe, the militia
responsible for the 1994 genocide, that are based in the Democratic Republic of the
Congo. For 10 years, the international community has failed to deal with this
problem despite numerous appeals by the Government and people of Rwanda, who

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live under daily threat of attack from this group, the professed aim of which is to
return to Rwanda to complete the genocide it began 10 years ago this month.
As a result of international inaction, this group has been allowed to continue to
exist and to terrorize people in the western provinces of Rwanda and in the eastern
Democratic Republic of the Congo. Repeated incursions by the Interahamwe into
Rwanda over the last 10 years have met with no concern or alarm from the
international community. This month alone, the Interahamwe launched four separate
attacks on Rwanda from bases in the territory of the Democratic Republic of the
Congo. Some details of these attacks are set out below.
7 April 2004
Area targeted: Remera Sector of Gikongoro Province in south-west Rwanda
Approximate number of attackers: 40
Type of weapons used by Interahamwe attackers: AK-47 rifles
8 April 2004
Time of attack: 11.30 p.m.
Area targeted: Kabuhanga sector, Mutura district of Gisenyi Province, north-west
Rwanda
Approximate number of attackers: 240
Type of weapons used by Interahamwe attackers: AK-47 rifles, 60mm mortars,
82mm mortars, rocket-propelled grenades
9 April 2004
Time of attack: 10 p.m.
Area targeted: Rugano forest, Ruhengeri Province, north-west Rwanda
Approximate number of attackers: 300
Type of weapons used by Interahamwe attackers: AK-47 rifles, 60mm mortars,
rocket-propelled grenades
20 April 2004
Time of attack: 7.30 a.m.
Area targeted: Gisanze sector, Nshili district of Gikongoro Province, south-west
Rwanda
Approximate number of attackers: 20
Type of weapons used by Interahamwe attackers: AK-47 rifles
These attacks have been reported to MONUC although there appears to be
very little progress or interest in seeking a comprehensive solution to the problem.
For these four attacks, swift action by the Rwanda Defence Forces prevented the
Interahamwe attackers from achieving their objectives. The attacks were repulsed
and the attackers withdrew to their bases inside the Democratic Republic of the
Congo. Although there were no reported civilian casualties or abductions, the
attackers succeeded in stealing and destroying property and terrorizing the
population.
With respect to the continued presence of armed, active and dangerous
Interahamwe militia in the Democratic Republic of the Congo, my Government
wishes to make the following two points:

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1.
The Security Council and MONUC, the Council’s peacekeeping
instrument in the region, must urgently work towards neutralizing the grave threat to
international peace and security posed by the Interahamwe. We should remember
that this is a militia that has planned and implemented genocide, and given the
opportunity they would repeat this horrendous crime. Since 1994, Rwanda has made
dozens of appeals to the Security Council to address this grave threat to world
peace. Rwanda has also directed urgent appeals to the Secretary-General and to the
Special Representative of the Secretary-General (see annexes I and II). Sadly, 10
years later, this problem has not been given the attention it deserves and as a result
we find it difficult to point to any concrete progress in addressing it.
The Security Council should also recognize that the Interahamwe is the
principal source of insecurity and violence in the Great Lakes region and that unless
the problem is dealt with effectively, the efforts of the Council to establish peace
and security will continue to be frustrated. For example the Interahamwe have been
actively undermining the process of combatants by preventing those who would
have been willing to surrender their arms and return peacefully to Rwanda from so
doing. This obstruction of the peace process has not been challenged by the
international community and continues unabated.
2.
The Rwanda Government is dismayed by the continued failure of the
Government of the Democratic Republic of the Congo to comprehensively address
the problem of Interahamwe that are based in their territory. Over the last 10 years,
Rwanda has also tried to engage successive Governments in Kinshasa in finding a
solution to the problem, but instead of working with us towards solving the
problem, Kinshasa Governments have actively sponsored these negative forces and,
in violation of the Lusaka and Pretoria agreements and Security Council resolutions,
have allowed them to operate freely in their territory and even recruited them to
serve in the very ranks of the Kinshasa Governments’ armed forces.
The Rwanda and Democratic Republic of the Congo Governments are both
signatories to the Lusaka and Pretoria agreements. Rwanda complied with its
commitments under both agreements and completed the pullout of its troops from
the Democratic Republic of the Congo on 5 October 2002. The Government of the
Democratic Republic of the Congo has not met its commitments under the two
agreements to find a comprehensive solution to the problem of Interahamwe on its
territory.
There has also been clear evidence of arms shipments to the Interahamwe from
Kinshasa and elsewhere. In addition to the arms listed above which were used in
this month’s attacks, we have received credible information that the Interahamwe
are in possession of anti-personnel and anti-tank landmines which they intend to use
in Rwanda. The Council will recall that the supply of these arms is a violation of the
arms embargo against them, and in the case of the anti-personnel mines, it is also a
violation of International Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on Their Destruction.
In this connection, the Government of Rwanda urgently appeals to the Council
to ensure that the Group of Experts that was formed pursuant to Security Council
resolution 1533 (2004) investigates the source of arms supplied to Interahamwe and
reports its findings to the Council.

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Finally, the Government of Rwanda warmly welcomed the statement you made
on behalf of the Security Council at the meeting commemorating the tenth
anniversary of the genocide in Rwanda, held in the General Assembly plenary hall
on 7 April 2004. As you correctly said in your statement, “People watching us in
Rwanda, and in any other place in the world, should understand that the United
Nations is serious about mastering the challenge.” Mastering the challenge to
prevent a recurrence of genocide must involve decisive international action against
groups like the Interahamwe.
As you also correctly pointed out in your statement, “Knowledge,
understanding and political will are commodities in constant need of reinvention
and reaffirmation. This is particularly relevant for the preventive use of coercive
measures authorized by the Security Council according to its competences under the
United Nations Charter. Such measures may be necessary when other ways and
means have proven insufficient and the Council needs to live up to its
responsibilities in this regard”. We believe that such preventive measures as
prescribed under Chapter VII of the United Nations Charter are necessary and
appropriate in order to address this grave threat to international peace and security
posed by the Interahamwe. We appeal to the Council to take urgent action in this
regard.
I would be grateful if you would have the present letter and its annexes
circulated as a document of the Security Council.
(Signed) Stanislas Kamanzi
Ambassador
Permanent Representative

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Annex I to the letter dated 29 April 2004 from the Permanent
Representative of Rwanda to the United Nations addressed to the
President of the Security Council
Letter dated 22 February 2004 from the Minister of Foreign
Affairs and Cooperation of Rwanda to the Secretary-General
Current issues in the Great Lakes Region of Africa
I have the pleasure to inform you that events in our subregion are evolving in a
positive manner.
Rwanda has acted proactively to reach out to the Democratic Republic of the
Congo in order to express its support for the transitional government established
under the global all inclusive agreement. We have also communicated to the
Government of the Democratic Republic of the Congo our concern about the
continued presence of ex-forces armées rwandaises (FAR)/Interahamwe on the
whole territory of the Democratic Republic of the Congo and offered to work with it
to find a solution to this problem.
Rwanda has also continued to make its contribution to the return of durable
peace and security in Burundi. We are hopeful that with the continued engagement
of the region and the international community, the people of Burundi will soon
begin to enjoy the fruits of peace and security for all.
In light of the above, Rwanda believes that the proposed international
conference on peace, security, democracy and development in the Great Lakes
Region should build on the momentum so far generated in a forward looking
manner, in order to enhance cooperation in our region in all spheres, particularly in
the four thematic areas that will be the subject of the conference.
Notwithstanding the above, however, Rwanda remains gravely concerned by
the presence of the ex-FAR/Interahamwe forces, in their different politico-military
formations, not only in the eastern Democratic Republic of the Congo, but in the
whole territory of that country. Our concerns are shared by the Security Council in
its resolution 1493 (2003), of 28 July 2003, which links, inter alia, the continuation
of instability in the east of the Democratic Republic of the Congo, and the failure to
carry out disarmament, demobilization, repatriation, resettlement and reintegration.
Recent events have since confirmed that ex-FAR/Interahamwe forces and
allied militia are present in the central, southern and western parts of the
Democratic Republic of the Congo, either attached to the FAC or as part and parcel
of the Mai-Mai, a militia closely allied to the former government faction of the
current administration in the Democratic Republic of the Congo.
You may recall that in its final report, the Third Party Verifications Mechanism
(TPVM), established under the Pretoria agreement, clearly stated that Rwanda had
withdrawn all troops from the Democratic Republic of the Congo, and this had been
verified by both TPVM and MONUC. The report also clearly states that
disarmament, demobilization, repatriation, resettlement and reintegration has not
been completed.
At the request of the President of the Democratic Republic of the Congo, the
Pretoria heads of state summit of 27 November 2003, at which you were represented

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by your Special Representative to the Democratic Republic of the Congo, put an end
to the TPVM but also called for the establishment of a bilateral mechanism between
Rwanda and the Democratic Republic of the Congo to foster and monitor the
implementation of the disarmament, demobilization, repatriation, resettlement and
reintegration aspect of the Pretoria agreement. We have reached out to the
Democratic Republic of the Congo authorities for a meeting to operationalize the
bilateral mechanism to deal with this grave outstanding issue, and I regret to note
that three months later our efforts have not yet met with success.
In the light of the above, Rwanda is therefore disappointed by some aspects of
article 65 of your fourteenth report on the United Nations Organization Mission in
the Democratic Republic of the Congo to the Security Council, dated 17 November
2003. Contrary to all objective evidence, it is inconceivable that baseless allegations
of the presence of regular Rwanda military personnel should continue to appear in
your report to the Council, our transparency and openness notwithstanding.
While we understand your interest in recommending to the Security Council
mechanisms for the enforcement of provisions under resolution 1493 (2003) as
expressed in paragraph 72 of the above-mentioned report, Rwanda finds it
unconscionable that the recommendation of the United Nations International
Commission of Inquiry into arms flows to former Rwandese government forces in
the Great Lakes Region of Central Africa, a Commission established under Security
Council resolution 1013 (1995), have never been the subject of such interest, that
the recommendations contained therein have never been operationalized by the
Security Council, and yet this is the core cause of the instability that continues to
characterize our region.
Furthermore, we note that the United Nations Panel of Experts on the Illegal
Exploitation of Natural Resources and Other Forms of Wealth in the Democratic
Republic of the Congo did not have the mandate or the capacity to study the causes
and patterns of the illegal flow of arms in the Great Lakes Region. We wish to
remind that the arms flows identified by the panel predated any notion of
exploitation of the resources of the Democratic Republic of the Congo, illegal or
otherwise.
We therefore invite you to revisit the final report of the Kassem panel set up
under resolution 1013 (1995), and recommend appropriate measures to the Security
Council. We strongly believe that the final report of the commission set up under the
above named resolution, rather than resolution 1493 (2003), should be the basis of
action by the Council if durable peace is to return to the Region.
As we commemorate the tenth anniversary of the 1994 genocide, Rwanda
would also like to record its strong disappointment that the “Ingvar Carlson report”
into the actions of the United Nations in Rwanda in 1994 and the recommendations
therein have never been the subject of debate or action by the Security Council. We
would urge that you urge the Council to rectify this glaring anomaly in the shortest
possible time.
We have consistently maintained that continued failure by the Security Council
and the United Nations system in general to act under Chapter VII of the Charter of
the United Nations, to bring about disarmament, demobilization, repatriation,
resettlement and reintegration of the ex-FAR/Interahamwe constitutes a threat to
international peace and security in the Great Lakes Region.

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Rwanda finds that selectively enforcing provisions of resolution 1493 (2003)
and empowering MONUC to act under Chapter VII and the suggested setting up of a
monitoring mechanism under Chapter VII, while at the same time consistently
refusing to endorse the use of Chapter VII for the disarmament, demobilization,
repatriation, resettlement and reintegration of negative forces, particularly the
genocidal forces present in the Democratic Republic of the Congo, is morally
indefensible and legally unacceptable. It risks rolling back the successes we have
registered in the last few months.
Finally, we recall that H.E. President Kagame, in his letter to you dated
9 September 2003, requested that an issue of utmost importance be brought to the
attention of the Security Council for discussion. We await your reply.
(Signed) Dr. Charles Murigande
Minister of Foreign Affairs and Cooperation of Rwanda

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Annex II to the letter dated 29 April 2004 from the Permanent
Representative of Rwanda to the United Nations addressed to the
President of the Security Council
Letter dated 9 September 2003 from the President of Rwanda to
the Secretary-General
The peace process in the Democratic Republic of the Congo
You may recall that the peace process in the Democratic Republic of the
Congo is based on two key agreements, namely the agreement for a ceasefire in the
Democratic Republic of the Congo and the Pretoria agreement between the
Government of Rwanda and the Government of the Democratic Republic of the
Congo. As we welcome the enhanced mandate of MONUC and the efforts to
establish the transition institutions provided for under the Congolese global all
inclusive agreement, it is pertinent to evaluate the state of implementation of the
said agreements.
I am especially concerned by the fact that a full halt to hostilities and the
disarmament of foreign, armed groups, including particularly the ex-forces armées
rwandaises (FAR) and Interahamwe, have not been achieved. The Security Council
expressed similar concerns in its resolution 1493 (2003) of 28 July 2003, which
links, inter alia, the continuation of hostilities in the East and the failure to carry out
disarmament, demobilization, repatriation, resettlement and reintegration. The fact
of the matter is that inspite of the two agreements and the deployment of MONUC
in all its phases, the war continues and the ex-FAR and Interahamwe continue to
receive support and a safe haven on Democratic Republic of the Congo territory.
We wish to remind you that the Lusaka and Pretoria agreements set up
mechanisms to monitor the implementation, namely the Joint Military Commission
(JMC) and Third Party Verifications Mechanism (TPVM), both working with
MONUC. We are gravely concerned that the mounting pressure to dissolve these
mechanisms leaves the actors without arbitration and shuts out important avenues of
objective information. In withdrawing from all forms of collaboration with these
bodies, MONUC reneges on important parts of its mandate.
I strongly believe that there is a commitment on your part to resolve these
problems that have been the root cause of the unfortunate wars between successive
Governments of the Democratic Republic of the Congo and Rwanda. It is our hope
that, with its enhanced mandate, MONUC will continue to work with the parties,
through JMC and TPVM, to monitor violations, track down, demobilize, disarm and
repatriate armed groups, and halt arms flow into the area. Failure to do so risks
plunging the region into turmoil once again.
As this matter is of the utmost importance in the restoration of peace and
stability in our subregion, I would wish that it be brought to the attention of the
Security Council for discussion at the earliest opportunity.
(Signed) Paul Kagame
President of Rwanda

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