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Political Newsreview

First Net Print, December 18 1999
Second Net Print, October 30 2001

Rwanda Report

III. 
Conclusions

The Independent Inquiry finds that the response of the United Nations before and during the 1994 genocide in Rwanda failed in a number of fundamental respects. The responsibility for the failings of the United Nations to prevent and stop the genocide in Rwanda lies with a number of different actors, in particular the Secretary-General, the Secretariat, the Security Council, UNAMIR and the broader membership of the United Nations. This international responsibility is one which warrants a clear apology by the Organization and by Member States concerned to the Rwandese people. As to the responsibility of those Rwandans who planned, incited and carried out the genocide against their countrymen, continued efforts must be made to bring them to justice – at the International Criminal Tribunal for Rwanda and nationally in Rwanda.

In the following chapter, the Inquiry wishes firstly to identify the overriding failure in the response of the United Nations: the lack of capacity of the United Nations peacekeeping mission in place to deal with the realities of the challenge it was faced with. Subsequently, the Inquiry will point to a number of other mistakes and failings in the response of the United Nations during the period under review.

1. The overriding failure

The overriding failure in the response of the United Nations before and during the genocide in Rwanda can be summarized as a lack of resources and a lack of will to take on the commitment which would have been necessary to prevent or to stop the genocide. UNAMIR, the main component of the United Nations presence in Rwanda, was not planned, dimensioned, deployed or instructed in a way which provided for a proactive and assertive role in dealing with a peace process in serious trouble. The mission was smaller than the original recommendations from the field suggested. It was slow in being set up, and was beset by debilitating administrative difficulties. It lacked well-trained troops and functioning materiel. The mission's mandate was based on an analysis of the peace process which proved erroneous, and which was never corrected despite the significant warning signs that the original mandate had become inadequate. By the time the genocide started, the mission was not functioning as a cohesive whole: in the real hours and days of deepest crisis, consistent testimony points to a lack of political leadership, lack of military capacity, severe problems of command and control and lack of coordination and discipline.

A force numbering 2,500 should have been able to stop or at least limit massacres of the kind which began in Rwanda after the plane crash which killed the Presidents of Rwanda and Burundi. However, the Inquiry has found that the fundamental capacity problems of UNAMIR led to the terrible and humiliating situation of a UN peacekeeping force almost paralysed in the face of a wave of some of the worst brutality humankind has seen in this century.

Despite the failures of UNAMIR, it should be said that United Nations personnel within UNAMIR and in the programmes and agencies also performed acts of courage in the face of the chaos that developed in Rwanda, and did save the lives of many civilians, political leaders and United Nations staff, sometimes at the risk of their own lives. In particular the peacekeepers who remained throughout the genocide, including the Force Commander and the contingents of Ghana and Tunisia, deserve recognition for their efforts to counteract some of the worst brutality humanity has seen under extremely difficult circumstances. The archives of the United Nations bear testimony to the multitude of requests, from within Rwanda, from Member States and from NGO's asking for help to save persons at risk during the genocide. Statistics are difficult to find, but it may be worth quoting an internal list from UNAMIR's own archives which states that 3,904 displaced people had been moved by UNAMIR during the fighting in Kigali between 27 May and 20 June 1994.

2. The inadequacy of UNAMIR's mandate

The decisions taken with respect to the scope of the initial mandate of UNAMIR were an underlying factor in the failure of the mission to prevent or stop the genocide in Rwanda. The planning process failed to take into account remaining serious tensions which had not been solved in the agreements between the parties. The United Nations mission was predicated on the success of the peace process. There was no fall-back, no contingency planning for the eventuality that the peace process did not succeed.

The overriding failure to create a force with the capacity, resources and mandate to deal with the growing violence and eventual genocide in Rwanda had roots in the early planning of the mission. The signing of the Arusha Accords in August 1993 was generally hailed with optimism and relief following the years of difficult negotiations between the Rwandan parties. Although tensions clearly persisted below the surface, not least within the Government delegation, the international community received the Accords as the starting point towards peace and power-sharing in Rwanda.

The over-optimistic assumption by the parties to the Arusha Agreement that an international force could be deployed in about a month meant that the United Nations was fighting the clock from the first days of preparing for UNAMIR. The initial planning process suffered from insufficient political analysis. Dallaire has acknowledged that the reconnaissance mission, which he headed, lacked the necessary political competence to make a correct in-depth analysis of the political situation and the underlying realities between the ex-belligerents of the Arusha Peace Agreement. The mission was apparently not even aware of the disturbing report published only a couple of weeks before by the Special Rapporteur of the Commission on Human Rights on Summary and Extrajudicial Executions about the situation in Rwanda. In the report, the Rapporteur supported the findings of a number of human rights NGOs earlier that year. He pointed to an extremely serious human rights situation, and discussed at some length the possibility that a genocide was being committed in Rwanda. That a report of this nature was not taken into account in the midst of planning a large United Nations peacekeeping presence in Rwanda shows a serious lack of coordination on the part of the United Nations organs concerned. Indeed, Dallaire informed the Inquiry that, had there been more depth in the political assessment and had he been aware of the report, he would have reconsidered the force level recommendations by the reconnaissance mission. The responsibility for this oversight in the planning of UNAMIR lies with the parts of the UN Secretariat concerned, in particular the Center for Human Rights and DPKO.

The reconnaissance mission had estimated that a force of 4,500 troops was required to fulfil the mandate in Rwanda. However, the Secretariat believed that it would not be possible to get Council support for that number of troops. This picture of the political commitment at the time was probably correct: the United States delegation had suggested to the United Nations that a symbolic presence of 100 be sent to Rwanda. Even France, which had been pushing for a United Nations presence in Rwanda, felt that 1,000 would suffice. Dallaire's figures were pared down even before they were presented to the Council. On 24 September, by then two weeks after the end of the original transitional period, the Secretary-General recommended a peacekeeping force numbering 2,548 military personnel.

If the mandate which the Security Council gave UNAMIR in its resolution 872 (1993) was more limited than the Secretary-General's proposal to the Council, then it was even more distant from the original broad concept agreed on by the parties in the Arusha Accords. The difference was not without importance. The interpretation of the real scope of the mandate given by the Council became a debated issue months before the genocide broke out, as will be shown below. The limitation of the mandate in relation to the KWSA was an early and public sign of the limits to the engagements which the Security Council was prepared to assume in Rwanda. The United States presented a number of amendments to the draft resolution which weakened the mandate, including in relation to the disarmament of civilians. The original wording in relation to the KWSA was also weakened with the specification that the weapons secure area be established by the parties.

The responsibility for the limitations of the original mandate given to UNAMIR lies firstly with the United Nations Secretariat, the Secretary-General and responsible officials within the DPKO for the mistaken analysis which underpinned the recommendations to the Council, and for recommending that the mission be composed of fewer troops than the field mission had considered necessary. The Member States which exercised pressure upon the Secretariat to limit the proposed number of troops also bear part of the responsibility. Not least, the Security Council itself bears the responsibility for the hesitance to support new peacekeeping operations in the aftermath of Somalia, and specifically in this instance for having decided to limit the mandate of the mission in respect to the weapons secure area.

3. The implementation of the mandate

Further serious difficulties arose with respect to the implementation of UNAMIR's mandate. UNAMIR's mandate was cautious in its conception; it was to become equally so in its application on the ground. Headquarters consistently decided to apply the mandate in a manner which would preserve a neutral role of UNAMIR under a traditional peacekeeping mandate. This was the scope of action that was perceived to have support in the Security Council. Despite facing a deteriorating security situation which would have motivated a more assertive and preventive role for the United Nations, no steps were taken to adjust the mandate to the reality of the needs in Rwanda.

The cable sent by Dallaire to Baril on 11 January regarding contacts with an informant brought into focus key aspects of how UNAMIR implemented its mandate. The Inquiry believes that serious mistakes were made in dealing with the cable.

Firstly, the information contained in the cable, and in particular the information indicating the existence of a plan to exterminate Tutsi, was so important that it should have been given the highest priority and attention and shared at the highest level. Mistakes were made both in UNAMIR and in the Secretariat in this regard.

Dallaire should have addressed the cable not only to Baril: it clearly warranted the immediate attention of – at the very least - the Under-Secretaries-General for Peacekeeping and Political Affairs. In fact, despite being sent only to Baril, the cable was then shared by him with the rest of the leadership of DPKO. Annan's and Riza's instructions to UNAMIR – and the caution which dominates those instructions - show that they did realize that the cable contained very significant information. However, they did not brief the Secretary-General about it. And the Security Council – which a week before had conditioned its continued support for UNAMIR on progress in the peace process - was not informed. Informing the three embassies in Kigali was not enough in this regard: the seriousness of the threats in the cable justified informing the Council as a whole. At the very least the Security Council should have been informed when UNAMIR reported in early February that the President had done nothing to act on the information and that the situation on the ground was deteriorating. The veiled retroactive reference to the Dallaire cable which is contained in the report by the Secretary-General to the Council on 31 May 1994 is a case of too little, and certainly far too late.

Secondly, it is incomprehensible to the Inquiry that not more was done to follow-up on the information provided by the informant. Having decided to share the information with President Habyarimana with the aim of getting him to act on it, constant pressure should have been put on the President to see to it that he took the action he had promised.

This applies to all three main aspects of the cable. Information received by a United Nations mission that plans are being made to exterminate any group of people requires an immediate and determined response, in this case certainly action more forceful than the meetings which were held with President Habyarimana and with the leadership of the MRND by Booh Booh and Dallaire.

The information on the existence of arms caches was also serious. While the quantity of arms in that particular cache, which Dallaire had stated contained at least 135 weapons, was not of a magnitude or a nature to determine the outcome of the genocide later that year, the instructions from New York certainly gave the signal to the Interahamwe and other extremists that UNAMIR was not going to take assertive action to deal with such caches.

Whether the decision to raid the arms cache was within the mandate of the mission or not is of key importance. Views diverge. While Dallaire maintained that it was, Baril, Annan, Riza and Annabi firmly believed that the raid would not be within the mandate. The key is the interpretation of the words "weapons secure area established by the parties" in the mandate. It should be recalled in this context that the Security Council had deliberately weakened the role of UNAMIR in relation to the KWSA as compared with the role foreseen by the Arusha Agreement. In this instance, Headquarters advocated a cautious interpretation of the mandate which the Security Council had adopted on the KWSA issue. The instruction cables from the Secretariat show concern about the possibility that the information might be a trap, and a concern for the safety of the mission: "the overriding consideration is the need to avoid entering into a course of action that might lead to the use of force and unanticipated repercussions. Given the context, the Inquiry does not see reason to criticize the decision taken by the Secretariat on the mandate issue. As will be seen below, however, the Inquiry believes serious mistakes were made in the follow-up to the cable.

The concern expressed by the leadership of UNAMIR throughout January and February about the consequences of the arms distribution is very clear. Given that Headquarters had determined that raiding the arms caches and conducting deterrent operations was not within the scope of the mandate, the Inquiry feels that this issue should have been raised with the Security Council as a fundamental weakness in the mandate of the mission, which the Council should consider rectifying because of the dire risks involved. The Inquiry has no evidence that the issue was raised in this way with the Council.

The premise of the démarche to the President was that it should be assumed that he was unaware of the activities mentioned by the informant. However, it is clear from the archives that Dallaire had raised the issue of the distribution of arms to the President's supporters at a meeting with the President only a week earlier, stating that this distribution was unacceptable as it was contrary to the Arusha Agreement. The President then said that he was unaware of this, but would instruct his supporters to desist if the information was correct.

Lastly, the threat against the Belgian contingent should have been followed up more clearly, not only in relation to the security of that particular contingent, but equally as part of the strategic discussions within the Secretariat and with the Security Council on the role of UNAMIR in Rwanda. The United Nations knew that extremists on one side hoped to achieve the withdrawal of the mission. Therefore, the strategy of the United Nations to use the threat of withdrawing UNAMIR as leverage in relation to the President to achieve progress in the peace process could actually have been one which motivated extremist obstructions rather than prevented them.

Questions have been raised as to the wisdom of inviting Belgium, a former colonial power, to participate in UNAMIR. The threats against the Belgian contingent described in the Dallaire cable as well as on the radio and through other forms of propaganda, show the difficulties inherent in that participation. In the case of UNAMIR it must be said, however, that Belgium was providing well-equipped troops which were not being offered by others, and that both parties had accepted that they participate in the mission.

4. Confusion over the rules of engagement

The Force Commander submitted a draft set of Rules of Engagement for UNAMIR to Headquarters on 23 November 1993, seeking Headquarters' approval. Headquarters never responded to that request. The Inquiry was told by General Baril that the Rules were considered guidelines. While General Baril stated that he considered the draft a good one, he also said that at the time, Headquarters did not have a procedure in place for the formal approval of draft Rules of Engagement. To the Force Commander, in the absence of a formal reply, the Rules of Engagement must be considered approved and in effect, a conclusion which the Inquiry believes was reasonable. At the same time, another senior member of the UNAMIR command told the Inquiry that the Rules of Engagement did not conform to reality and he ignored them.

The same draft was sent again to Headquarters after the genocide began, under the description "the different permutations of the rules of engagement". Headquarters did not object to para. 17 concerning crimes against humanity. This paragraph was, however, removed from subsequent versions of the rules of engagement applicable to UNAMIR II. In actual fact, however, UNAMIR I did not put this particular element of the rules of engagement into effect when the situation on the ground fit the description in para. 17. Other problems, such as lack of resources and problems related to command and control, have been cited by the Force Commander and others to explain why UNAMIR did not stop the massacres. It is disturbing, however, that there was such a lack of clarity in the communications between UNAMIR and Headquarters regarding which rules were in force.

5. Failure to respond to the genocide

a. After the Presidential plane was shot down, the situation in Kigali quickly descended into chaos. Roadblocks were set up, massacres of Tutsi and opposition and moderate politicians began. Soon, the RPF broke out of its complex, and were strengthened by forces from outside the capital. In addition to the killings of civilians, fighting broke out between the Presidential Guards and the RPF. UNAMIR was faced with hundreds of calls for help, from politicians, staff members and others. Thousands of people sought refuge at sites where UNAMIR was present, including about 5,000 people who had gathered at the field hospital already by 8 April.

When the genocide began, the weaknesses of UNAMIR's mandate became devastatingly clear. The natural question is why a force numbering 2,500 could not stop the actions of the militia and RGF soldiers who began setting up roadblocks and killing polititians and Tutsi in the early hours after the crash. Could UNAMIR not have deterred, by its presence and a show of determination, the terrible sequence of violence that followed?

The correspondence between UNAMIR and Headquarters during the hours and days after the plane crash shows a force in disarray, with little intelligence about the true nature of what is happening and what political and military forces are at play, with no clear direction and with problems even communicating among its own contingents. The mission was under rules of engagement not to use force except in self defence. It had taken upon itself to protect politicians, but then in certain cases did not do so in the face of threats by the militia. Civilians were drawn to UNAMIR posts but the mission proved incapable of sustaining protection of them. The Force Commander found quite early on that he did not have the practical command of all his troops: for all practical purposes the Belgian peacekeepers came under the command of their national evacuation troops, and within days, the Bangladeshi contingent was no longer responding to orders from UNAMIR Headquarters. In short, the correspondence between Kigali and Headquarters, and the information provided to the Security Council in the early days of the genocide, show an operation prevented from performing its political mandate related to the Arusha agreement, incapable of protecting the civilian population or civilian United Nations staff and at risk itself. Furthermore, UNAMIR was sidelined in relation to the national evacuation operations conducted by France, Belgium, the United States and Italy. The responsibility for this situation must be shared between the leadership of UNAMIR, the Secretariat and troop contributing countries.

United Nations archives show that the DPKO very quickly began to discuss the possibility of a withdrawal of UNAMIR as one option which might become necessary. Already on 9 April, Annan (Riza) stated in a cable to Booh Booh and Dallaire that it was impossible for UNAMIR to implement its mandate in the prevailing circumstances. They also indicated that if events moved in a negative direction, it might be necessary to conclude that UNAMIR must withdraw. The instinctive reaction within the Secretariat seems to have been to question the feasibility of an effective United Nations response, rather than actively investigating the possibility of strengthening the operation to deal with the new challenges on the ground.

Soon, however, the unilateral decision by Belgium to withdraw its troops in the wake of the tragic killing of the ten Belgian peacekeepers brought the United Nations mission near the brink of disintegration. The decision by the Belgian Government to withdraw was followed by rapid indications from Bangladesh that it might do the same. In a letter to the President of the Security Council dated 21 April, the Bangladeshi Permanent Representative raised a number of security concerns for which United Nations guarantees were sought. There was therefore a significant risk that the peacekeeping force would disintegrate.

The problems UNAMIR was faced with regarding command and control in the early days of the genocide included the unauthorized evacuation by members of the civilian police component, which were under UNAMIR command, and the embarrassing instance where Bangladeshi peacekeeping troops refused to allow colleagues from the Belgian contingent inside the Amahoro stadium complex where they were seeking refuge.

The Inquiry believes that it is essential to preserve the unity of United Nations command and control, and that troop contributing countries, despite the domestic political pressures which may argue the reverse, should refrain from unilateral withdrawal to the detriment and even risk of ongoing peacekeeping operations.

The loss of ten peacekeepers is a terrible blow to any troop contributing country. However, even if the Belgian Government felt that the brutal murder of its para-commandos and the anti-Belgian rhetoric in Rwanda at the time made a continued presence of its own contingent impossible, the Inquiry finds the campaign to secure the complete withdrawal of UNAMIR difficult to understand. The analysis of the situation in Rwanda, which was presented as an underlying argument for withdrawal, painted a picture of ongoing massacres, in addition to the fighting between the parties. However, the focus seems to have been solely on withdrawal rather than on the possibilities for the United Nations to act, with or without Belgium.

Discussions within the Security Council during these first weeks of the genocide show a body divided between those, such as the United States, who were sympathetic to the Belgian campaign to withdraw the mission, and others, with the NAM Caucus in the forefront, advocating a strengthening of UNAMIR. In presenting his three options to the Security Council in a report dated 20 April (S/1994/470), the Secretary-General did state that he did not favour the option of withdrawal. Although the Secretary-General has argued that he made his preference for strengthening UNAMIR clear through a statement by his spokesman to the press, the Inquiry believes that the Secretary-General could have done more to argue the case for reinforcement in the Council.

The decision by the Security Council on 21 April to reduce UNAMIR to a minimal force in the face of the killings which were by then known to all, rather than to make every effort to muster the political will to try and stop the killing has led to widespread bitterness in Rwanda. It is a decision which the Inquiry finds difficult to justify. The Security Council bears a responsibilty for its lack of political will to do more to stop the killing.

The Secretary-General's letter of 29 April, asking the Security Council to reconsider its decision to reduce the mandate and strength of the mission, was a welcome shift in focus towards the need for the United Nations to act to stop the killing. The need to do so was no longer presented as subordinate to the two-party cease-fire negotiations. However, the response of the Security Council took weeks to agree on, a costly delay in the middle of the genocide. Reporting from the Council's consultations in early May show a clear reluctance to contemplate a Chapter VII-style operation. Gharekhan's report to the Secretary-General from consultations on 3 May stated that "There is no support from any delegation for a forceful or enforcement action. They all emphasized that whatever action is contemplated could be implemented only if both the Rwandese parties agree to it and promise their cooperation."

By 12 May, the Council was divided on key issues. The members were discussing a number of issues, including whether an enlarged mission should be given a Chapter VII mandate, on which the Council was split, and the resources required, with both the United States and the United Kingdom requesting more detailed information from the Secretariat on the concept of operations. As has been shown above, attempts were made by non-permanent members of the Council to push for stronger action. The opposition to these efforts proved too strong, however. The delay in decision-making by the Security Council was a distressing show of lack of unity in a situation where rapid action was necessary. Almost three weeks after the Secretary-General's letter, the Council finally authorized UNAMIR II on 17 May.

b. The lack of will to act in response to the crisis in Rwanda becomes all the more deplorable in the light of the reluctance by key members of the International Community to acknowledge that the mass murder being pursued in front of global media was a genocide. The fact that what was occurring in Rwanda was a genocide brought with it a key international obligation to act in order to stop the killing. The parties to the 1948 Convention took upon themselves a responsibility to prevent and punish the crime of genocide. This is not a responsibility to be taken lightly. Although the main action required of the parties to the Convention is to enact national legislation to provide for jurisdiction against genocide, the Convention also explicitly opens the opportunity of bringing a situation to the Security Council. Arguably, in this context, the members of the Security Council have a particular responsibility, morally if not explicitly under the Convention, to react against a situation of genocide.

However, as the mass killings were being conducted in Rwanda in April and May 1994, and although television was broadcasting pictures of bloated corpses floating down the river from Rwanda, there was a reluctance among key States to use the term genocide to describe what was happening. The Secretary-General did so in an interview for US television on 4 May 1994, one of the earliest in the international community to do so. The Secretary-General's report to the Security Council on the special mission by Riza and Baril on 30 May 1994 formally included the word genocide. However, when certain members of the Council proposed that the resolution on UNAMIR II include such a determination, others refused.

The delay in identifying the events in Rwanda as a genocide was a failure by the Security Council. The reluctance by some States to use the term genocide was motivated by a lack of will to act, which is deplorable. If there is ever to be effective international action against genocide, States must be prepared to identify situations as such, and to assume the responsibility to act that accompanies that definition. The Inquiry hopes that the stronger recognition given today to the need to ensure human security and to guarantee the safety of individual human beings from human rights violations, will also mean that States will not shy away from identifying events as genocide, and responding to them with action.

It is important to add the following: the imperative for international action is not limited to cases of genocide. The United Nations and its member states must also be prepared to mobilise political will to act in the face of gross violations of human rights which have not reached the ultimate level of a genocide. Particular emphasis must be placed on the need for preventive action: the will to act needs to be mobilised before a situation escalates to a genocide.

To an extent the analysis of the ethnic element in the violence may have been affected by the fact that the RPF initially, before the plane crash, preferred to view the conflict with the Government as a political one and wished to avoid being considered an "ethnic" party. This does not, however, reduce the serious nature of the information cited above. Given the conclusions of the human rights reports of 1993, the risk of a genocide could not be disregarded in the deteriorating security situation of 1994. It should also be said that soon after the massacres started, the RPF, in a statement dated 13 April, did identify what was happening as a genocide.

Members of the Interim Government have since been indicted at the ICTR for their roles in the Rwandan genocide. One question that arises from the Inquiry's study of the archives of the UN is whether the accountability of these persons for the ongoing massacres was made sufficiently clear to them at the time. To an extent, this brings into focus a recurrent dilemma in crisis management: whether to negotiate with those in control irrespective of the acts they may have committed. In the view of the Inquiry, the United Nations had an obligation to make absolutely clear to the members of the so-called Interim Government the individual responsibility which accompanies the commission of genocide and war crimes.

6. Peacekeeping overburdened: inadequate resources and logistics

Rwanda was to prove a turning point in United Nations peacekeeping, and came to symbolize a lack of will to commit to peacekeeping, and above all, to take risks in the field. UNAMIR came about following a dramatic expansion of the number of peacekeeping troops in the field after the end of the Cold War. However, by the second half of 1993, the enthusiasm for United Nations peacekeeping of previous years was on the wane among key member states, the capacity of the Secretariat, in particular the DPKO, to administer the approximately 70,000 peacekeepers wearing blue berets was overstretched, and several existing operations were facing severe difficulties.

In a report to the Security Council dated 14 March 1994 entitled "Improving the capacity of the United Nations for peacekeeping", the Secretary-General outlined the unprecedented growth of United Nations peacekeeping during the preceding five years. At the same time, however, he also mentioned that international enthusiasm for peacekeeping was diminishing. He pointed out the difficult financial situation the United Nations was facing, with over $1 billion in outstanding assessments to peacekeeping operations.

UNAMIR's poor quality and lack of capacity had a key effect on the way the mission dealt with the unfolding crisis after 6 April. However, the lack of resources and logistics had been a serious problem for UNAMIR from its inception, and continued to be so during the mission's later stages. It is significant that even the resolution establishing UNAMIR already included an invitation to the Secretary-General to consider ways of reducing the total maximum strength of UNAMIR. The Secretary-General was asked to seek economies in planning and executing the phased deployment, and to report regularly on what had been achieved in this regard. Even the Belgian contingent, which was the strongest in UNAMIR, faced problems with recycled materiel and lack of arms. The Bangladeshi contingent arrived without even the most basic supplies. Troops lacked necessary training in a number of respects.

In his report to the Security Council dated 30 December 1993, the Secretary-General argued against a reduction of resource levels, writing that such a reduction would negatively affect the performance and credibility of UNAMIR in the discharge of its mandate. Although the Council did approve the deployment of the second battalion to the DMZ in its resolution 893 (1994) of 6 January 1994, again the Secretary-General was requested to monitor the size and cost of the mission to seek economies. The same request was reiterated in the Council's last resolution on Rwanda before the genocide, resolution 909 (1994) of 5 April 1994.

The logistical problems facing UNAMIR run like a constant thread throughout the correspondence between the Force Commander and Headquarters. Contingents arrived without normal materiel, which instead had to be brought in from the United Nations operations in Somalia and Cambodia. UNAMIR only received 8 APCs out of 22 requested, of which only five were road-worthy. The mission had a medical unit, but complaints were raised against the quality of the care.

In the weeks before the genocide, UNAMIR was still facing serious logistical problems. When the Secretary-General was to present his report to the Council in late March, the draft sent to Headquarters by Booh Booh highlighted both logistical difficulties and the need for more military observers. The Inquiry notes in this context that the final version of the resport did not include the request from the field for an increase in the number of military observers by 48 which was contained in the original draft from Kigali.

The weaknesses of UNAMIR have been outlined above in relation to the mandate of the mission. The dire logistical situation facing the mission once the genocide started was summarized in a cable from Booh Booh and Dallaire to Annan and Goulding dated 8 April. Even as early as this, the cable described developments as a "very well planned, organized, deliberate and conducted campaign of terror initiated principally by the Presidential Guard". The cable went on to describe "aggressive actions" taken against opposition leaders, against the RPF, the massacre of Tutsi, against the general civilian population as well as direct and indirect fire against UNAMIR. The RPF had by then broken out of their compound, and UNAMIR describes full hostilities between the Presidential Guards and RPF. The cable asked the question "Is the mandate of UNAMIR still valid?"

The infantry in Kigali is described as being separated into camps isolated by fighting , and separated from their logistical support. "The mission is desperately short of life and operational sustaining support. The reserves required by the UN for this mission were either not brought by troop contributing countries or have not been provided to this mission." Most units are described as having between 1 - 2 days of drinking water, between 0 to 2 days of rations, and about a 2 – 3 day reserve of fuel. Furthermore, the lack of ammunition and small arms was described as the largest single deficiency. In a summarizing paragraph, UNAMIR wrote that "UNAMIR was designed, established and developed logistically as a peacekeeping force. It therefore does not have the reserves of critical items for a long conflict scenario."

Finally, a more determined effort should have been made to provide the United Nations with its own radio facility in Rwanda. Moreover, the political will and financial means should have been mustered to jam the notorious inciting radio station Radio Mille Collines. In the future, however, counteracting hate radio may not be enough. Attention must also be paid to the distribution of genocidal messages of hate over the internet.

The responsibility for the logistical problems faced by UNAMIR lies both with the Department of Peacekeeping Operations, in particular its Field Administration and Logistics Division (FALD), and with individual troop contributors. FALD should not have allowed UNAMIR to have the dire lack of resources described above. By April, six months after the establishment of the mission, these fundamental logistics problems should have been dealt with. However, the Inquiry also finds that troop contributors to UNAMIR did not provide their contingents with basic weaponry and other materiel for which they were responsible. The constant pressure by the Security Council on UNAMIR to save money and cut resources also created problems in a situation where the mission was too weak to start with.

7. The shadow of Somalia

It has often been said that UNAMIR was an operation which was created in the shadow of Somalia. In particular the deaths of the Pakistani and US peacekeepers in Somalia in 1993 had a deep effect on the attitude towards the conduct of peacekeeping operations. For instance, the UN commission of inquiry set up to study these tragic deaths in Somalia, whose report came out just as preparations were being made to strengthen UNAMIR in the wake of the genocide, concluded that "the UN should refrain from undertaking further peace enforcement actions within the internal conflicts of States" (S/1994/653)

For the Government of the United States the events in Mogadishu were a watershed in its policy towards UN peacekeeping. By May 1994, when the genocide in Rwanda began, President Clinton had enacted PDD25, a directive which placed strict conditions on US support for United Nations peacekeeping. The killings of the peacekeepers in Somalia also had a restrictive effect on the UN Secretariat, in particular with regard to the risks that could be assumed during peacekeeping operations and in respect to the interpretation of mandates. This legacy of Somalia was of particular importance to the conduct of UNAMIR.

8. Focus on achieving a cease-fire

After the President was killed and violence broke out, the focus of Booh Booh and Dallaire quickly became that of achieving a cease-fire. The reports from UNAMIR to the Secretariat emphasize this element: the negotiations with the so-called crisis committee and the RPF and concerns that the RPF would "break out" of the CND and the DMZ. Yet the genocide which began in Kigali and subsequently spread to the countryside had a different dynamic to that of a resumed conflict between two parties who had signed the Arusha Agreement. Given the warning signs, the nature of what was happening should have been recognized, and reported more clearly and at an earlier stage. This precise point was raised in the Security Council by Nigeria on 28 April, when the Nigerian Ambassador stated that too much attention was being paid to the cease-fire negotiations and too little to the massacres. The Inquiry finds it disturbing that records of meetings between members of the Secretariat, including the Secretary-General, with officials of the so-called Interim Government show a continued emphasis on a cease-fire, more than the moral outrage against the massacres, which was growing in the international community.

The persistent attempts to view the situation in Kigali after the death of the President as one where the cease-fire had broken down and therefore needed to be restored through negotiations, rather than one of genocide in addition to the fighting between the RGF and RPF, was a costly error of judgment. It was an error committed by the Secretariat, the leadership of UNAMIR and the Members of the Security Council. Several Council members have criticized the quality of the analysis provided to them by the Secretariat in this instance. For a number of the non-permanent members at the time, a key to realizing the genocidal perspective to the killings in Rwanda was information provided to them by the NGO community.

9. Lack of analytical capacity

A problem in the United Nations response to the situation in Rwanda was the weaknesses apparent in the capacity for political analysis, in particular within UNAMIR, but also at Headquarters. With respect to UNAMIR, a key problem identified by the Force Commander in an interview with the Inquiry was the weak political representation in the recconnaissance mission to Rwanda in August 1993 and the lack of real understanding the team had about the underlying political realities of the Rwandan peace process. Once UNAMIR was set up, there was a lack of capacity for intelligence analysis. At Headquarters there was not sufficient focus or institutional resources for early warning and risk analysis. Much could have been gained by a more active preventive policy aimed at identifying the risks for conflict or tension, including through an institutionalized cooperation with academics, NGOs and better coordination within different parts of the United Nations system dealing with Rwanda.

A key issue in the analysis of the flow of information is whether it should have been possible to predict a genocide in Rwanda. The Inquiry has received very different replies to this question, both from Rwandese and international actors whom it interviewed. As indicated above, early indications of the risk of genocide were contained in NGO and United Nations human rights reports of 1993. The Inquiry is of the view that these reports were not sufficiently taken into account in the planning for UNAMIR. UNAMIR was viewed as a traditional peacekeeping operation under Chapter VI, established at the request of the parties to a two-sided conflict to assist them in the implemention of a peace agreement. Despite warning signs during the Arusha process, in particular related to the lack of commitment by extremists within the President's party to the peace process and to power-sharing, very little if anything seems to have been done in terms of contingency planning for the eventuality that the peace agreement was threatened or challenged. UNAMIR was established without a fall-back position or a worst-case scenario. There were warning signs of the possibility of a genocide in Rwanda, and furthermore clear indications that mass killings were being planned and could take place in Rwanda in early 1994. That failure to formulate a determined response to these warnings is due in part to the lack of correct analysis, both in UNAMIR and within the Secretariat, but also by key Member States.

One of the main tasks of UNAMIR was to monitor the observance of the Arusha Agreement. The delays in this process which were evident already during the first weeks of UNAMIR's presence in Rwanda took place against a backdrop of a steadily worsening security situation. Reports from the field did refer to the rising number of killings, serious ethnic tension, militia activities and the import and distribution of arms. Although the description of these threats in cables to Headquarters seemed at times divorced from the usually separate analysis of the difficulties incurred in the political process, these worrying factors were reported to Headquarters, in increasingly alarming tones.

In his report to the Security Council of 30 December 1993 (S/26927), the Secretary-General mentioned the existence of "a well-armed and reportedly ruthless group" operating in the area of the DMZ "with a view to disrupting or even disrailing [sic] the peace process". After the United States requested more information regarding this group in the Council's consultations of the whole on 5 January 1994, the Special Representative and the Force Commander were asked to provide Headquarters with further details on this score. In a response dated 6 January, Dallaire described massacres on 17-18 and 30 November, in which 55 men, women and children were killed. Dallaire wrote that he did not have definitive proof of who was responsible for the massacres, but continued to say that the "manner in which they were conducted in their execution, in their coordination, in their cover-up, and in their political motives lead us to firmly believe that the perpetrators of these evil deeds were well-organized, well informed, well motivated and prepared to conduct premeditated murder. We have no reason to believe that such occurrences could not and will not be repeated again in any part of this country where arms are prolific and political and ethnic tensions are prevalent."

These are examples which, together with others cited in this report, such as the handling of the Dallaire cable, and the analysis of developments after the genocide began, show an institutional weakness in the analytical capacity of the United Nations. The responsibility for this lack of analytical capacity falls primarily on the Secretariat under the leadership of the Secretary-General.

10. The lack of political will of Member States

Another reason for the main failure of the international community in Rwanda was the lack of political will to give UNAMIR the personnel and materiel resources the mission needed. Even after the Security Council decided to act to try and stop the killing, and reversed its decision to reduce UNAMIR, the problems that the Secretariat had faced since UNAMIR's inception in getting contributions of troops from Member States persisted. This was the case throughout in May and June during the urgent attempts to set up UNAMIR II. The lack of will to send troops to Rwanda continued to be deplorably evident in the weeks following the decision by the Security Council to increase the strength of UNAMIR to 5,500. For weeks, the Secretariat tried to solicit troop contributions, to little avail. Although a few African countries did express a willingness to send troops, they did so with the proviso that they be provided with equipment and financed. By the time Operation Turquoise left Rwanda, UNAMIR only had the bare minimum number of troops to permit it to take over the areas which had been controlled by the French-led operation. The full contingent was only deployed several months later, by which time the situation on the ground had changed markedly. Recognition is due here to those troop contributing countries, in particular Ghana and Tunisia, which allowed their troops to remain throughout the terrible weeks of the genocide, despite the withdrawal of other contingents. In sum, while criticisms can be levelled at the mistakes and limitations of the capacity of UNAMIR's troops, one should not forget the responsibility of the great majority of United Nations Member States, which were not prepared to send any troops or materiel at all to Rwanda.

The political will of Member States to send troops to peacekeeping operations is of course a key to the United Nations capacity to react to conflict. The stand-by arrangements initiative is a welcome one in that it attempts to address the problem of the lack of available troops when missions are to be set up. Yet the standby arrangement system is equally dependent on the will of Member States to commit troops and other personnel in a particular instance.

A general point about the need for political will is that such will must be mobilised equally in response to conflicts across the globe. It has been stated repeatedly during the course of the interviews conducted by the Inquiry that the fact that Rwanda was not of strategic interest to third countries and that the international community exercised double standards when faced with the risk of a catastrophe there compared to action taken elsewhere.

11. Failure to protect political leaders

UNAMIR was tasked with the protection of a number of politicians who were of key importance to the implementation of the Arusha Agreement. Moderate and opposition politicians quickly became targets as violence started after the crash of the Presidential plane. Some of them were saved, among them the Prime Minister Designate, Mr Twagiramungu. A number of others, however, were killed by members of the Presidential Guards and elements of the Rwandese army. Among those murdered were the Prime Minister, Mrs Agathe Uwilingiyimana, the leader of the Liberal Party, Mr Landoald Ndasingwa and the former Foreign Minister Mr Boniface Ngulinzira. The President of the Constitutional Court, Mr Joseph Kavaruganda, was taken away by armed elements of the Rwandese army and was never seen again. In these cases, UNAMIR did not succeed in providing the protection these personalities required.

In the case of the Prime Minister, the troops protecting did not to accompany her when she fled across the wall to the UNV compound. As has been described above, the troops surrendered their arms and were taken by the RGF to Camp Kigali, where they were subsequently brutally murdered. According to the family of Ndasingwa, the guards outside his home fled when soldiers of the Presidential Guards arrived at the house. Mr Ndasingwa, his wife, children and mother were all shot. And the family of Kavaruganda said that the guards outside his home did nothing to stop Rwandan soldiers from taking him away, or from beating members of his family, who subsequently fled. Finally, in the case of Ngulinzira, his family reproaches UNAMIR that the United Nations guards protecting him took him and his family to ETO. He was killed in the massacres that followed the Belgian contingent's evacuation of the school.

There is a pattern to these events which shows a failure by UNAMIR troops to guarantee the protection to these political personalities that they had been assured and expected. It is regrettable that not more could be done to resist the attacks by the Presidential Guards and other extremist elements against these politicians. As mentioned above, the Rules of Engagement which governed the mission permitted the use of force in self-defence, as well as action to prevent crimes against humanity. On the other hand, it must be recognized that the extremist forces had had time to observe the strength of the UNAMIR guard posts and overwhelm them with larger force.

The tragic killing of the Belgian peacekeepers also shows a number of problems in UNAMIR's capacity to deal with a crisis situation. When there were reports that the peacekeepers guarding the Prime Minister were in trouble, sufficiently decisive action was not taken by UNAMIR to determine what had happened and to prevent the killings. The Force Commander stated that, passing by Camp Kigali and seeing Belgian peacekeepers on the ground, he was unable to get the RGF driver of his car to stop. The Sector Commander for Kigali said that he did not know about the death of the Belgian paratroopers until 22.00. Although the Force Commander was prevented from reaching the Belgian group at that point, it is a matter of concern that the communications between the different elements of UNAMIR did not seem to ensure a correct flow of information about the threat to the Belgians, and that no-one was able to investigate the fate of the paratroopers until after they were dead.

The failure in these instances seems to be attributable in some instances to a lack of direction from UNAMIR Headquarters, but also to the peacekeepers themselves, who by not resisting the threat to the persons they were protecting in some of the cases outlined above, as would have been covered by their Rules of Engagement, showed a lack of resolve to fulfil their mission.

12. Failure to protect civilians

The role of UNAMIR in the protection of civilians during the genocide is one of the most debated and painful issues of this period. Considerable efforts were made by members of UNAMIR, sometimes at risk to themselves, to provide protection to civilians at risk during the massacres. However, there do not seem to have been conscious and consistent orders down the chain of command on this issue. During the early days of the genocide, thousands of civilians congregated in places where UN troops were stationed, i.a., the Amahoro Stadium and the Ecole Technique at Kicukiro. And when UNAMIR later came to withdraw from areas under its protection, civilians were placed at risk. Tragically, there is evidence that in certain instances, the trust placed in UNAMIR by civilians left them in a situation of greater risk when the UN troops withdrew than they would have been otherwise.

According to the Force Commander and the Deputy Force Commander, the order to evacuate was not given by UNAMIR Headquarters. The order would seem to have been taken by the Belgian command within UNAMIR. There is no doubt that the decision to evacuate the school, leaving thousands of refugees behind at the mercy of the waiting forces of the Interahamwe, is one which has caused enormous pain to the Rwandan people, in particular the survivors of the genocide. The perception that the UN knowingly abandoned a group of civilians has damaged trust in the United Nations severely.

When the UNAMIR contingent at ETO left, there could not have been any doubt as to the risk of massacre which awaited the civilians who had taken refuge with them. Indeed, the Interahamwe and the RGF had for days been stationed outside the school. The manner in which the troops left, including attempts to pretend to the refugees that they were not in fact leaving, was disgraceful. If such a momentous decision as that to evacuate the ETO school was taken without orders from the Force Commander, that shows grave problems of command and control within UNAMIR.

The Inquiry notes that the International Criminal Tribunal for Rwanda recently convicted Mr Georges Rutaganda of genocide and sentenced him to life imprisonment, i.a. for his role in the assault on ETO.

13. Failure to protect national staff

It is a tragic aspect of modern conflict that United Nations and associated as well as other humanitarian personnel are increasingly the targets of violence during armed conflict. The genocide in Rwanda took its toll among the personnel of the United Nations: fourteen peacekeepers and a number of local civilian staff were brutally killed. The efforts to strengthen the protection of United Nations and associated personnel since 1994 have been most encouraging, but more could still be done, not least in order to broaden the scope of the protection afforded by the United Nations convention on this subject.

The Inquiry met with several persons who were members of the national staff of the United Nations in Rwanda at the time of the genocide. When the international civilian staff of the United Nations were evacuated, national staff were left behind. There is considerable bitterness among the national staff at what is perceived as a double standard within the United Nations as to the safety of different groups of staff members. It was even alleged that United Nations staff members may have been at greater risk than others as a result of their employment with the organisation. The United Nations regulations at the time precluded the evacuation of national staff. While the decisions taken at the time may have been in conformity with United Nations regulations, there can be no doubt of the damage caused by these rules to the trust between members of staff. The Inquiry feels that the subsequent change in staff regulations permitting the relocation within the country of national staff is a positive step, but also feels that it is necessary to look actively at the possibility of providing for evacuation in cases where relocation may be a less preferable option. It goes without saying that each staff member, international or national, must know precisely what protection can be expected in times of crisis. The mistaken perception among national staff members in Rwanda that the United Nations would and could protect them shows that a serious failure on the part of those in charge of security – in particular the Special Representative and the designated security official - to provide correct information to staff members.

14. Flow of information

The flow of information between the field and the Secretariat took place at several levels. Code cables were sent either from the Special Representative or the Force Commander, addressed to the Secretary-General, to the Heads of Department concerned, mainly Annan as head of DPKO and Jonah or Goulding, as heads of DPA, or to Baril. Cables from Headquarters were normally signed either by the Head of Department, or in some cases by the Military Adviser, Chief of Staff of the Secretary-General or by his Special Representative to the Security Council. Cables from Annan were in practice often signed off by his deputy, Riza, who carried day-to-day responsibility for UNAMIR within DPKO. Code cables were at times sent with a restriction on distribution, labelled "only" for certain recipients. In addition to code cables, other correspondence was conducted by open fax. Written communication was regularly complemented by telephone conversations, on the substance of which there is little written record in the archives.

By the time of the Rwanda crisis, the Secretary-General had decided that he would be represented in the Security Council by a Special Representative. The Secretary-General himself rarely attended the consultations of the Security Council. Ambassador Gharekhan was appointed as Mr Boutros-Ghali's Special Representative on the Council. Gharekhan was tasked with briefing the Council on behalf of the Secretary-General on the full range of topics on the Council's agenda, often based on speaking notes prepared by the substantive departments concerned. These departments were normally not represented at the consultations of the whole. In addition to the material provided by the departments, Gharekhan informed the Inquiry that he regularly was in direct contact by telephone with the Special Representatives or the Force Commanders of missions on which he was about to brief the Council. While this procedure would have provided Gharekhan the opportunity for a direct exchange of views with the field, from an institutional point of view this procedure excluded those responsible for the daily substantive work on issues discussed in the Council. The lack of direct contact between the substantive departments concerned and the Security Council created a disconnect which had a negative effect on the quality of the information provided to the Security Council, and must have made the understanding of substantive officers in the Secretariat of the deliberations of the Council much more difficult. Representatives of several Members of the Security Council whom the Inquiry has interviewed have complained that the quality of information from the Secretariat was not good enough. It should also be said that more could have been done by those Member States with in-depth knowledge of the situation in Rwanda to share information with the Secretariat.

There were problems in the flow of information from the field to Headquarters. UNAMIR presented a series of deeply worrying reports which together amounted to considerable warnings that the situation in Rwanda could explode into ethnic violence. In sum, information was available - to UNAMIR; United Nations Headquarters and to key Governments - about a strategy and threat to exterminate Tutsis, recurrent ethnic and political killings or an organised nature, deathlists, persistent reports of import and distribution of weapons to the population and hate propaganda. That more was not done to follow-up on this information and respond to it at an early stage was a costly failure: by United Nations Headquarters and UNAMIR but also by the Governments which were kept informed by UNAMIR, in particular those of Belgium, France and the United States. The lack of determined action to deal with the Dallaire cable is only part of this wider picture of failed response to early warning. Also, the fact that the United Nations was in close contact with certain key governments about this information does not change the fact that it should consistently and in equal detail have been brought to the attention of the whole Security Council.

15. Organizational problems

Organizational problems existed both within UNAMIR and within Headquarters which affected the capacity of the United Nations to respond to the events in Rwanda.

Within UNAMIR, it is clear that there were problems in the relationship between Booh Booh and Dallaire. The difficulties were known to the Department heads in New York, who did not however intervene. The difficulties may in part be traced to the fact that the Force Commander arrived first in the mission area and was the person to set up UNAMIR to begin with. Much later on, when the genocide began, their respective roles do not seem to have been clear. UNAMIR seems to have suffered from a lack of political leadership on the part of the Special Representative, but also from problems with regard to the military leadership because of the multitude of tasks the Force Commander had to cover during those first chaotic days. The archives of the mission also show that internal cooperation was problematic in key areas, one example being the difficulties in the cooperation between Booh Booh and his office and the Chief Administrative Officer, Mr Hallqvist, who resigned after a few months in service.

The relationship between the Secretary-General and the Security Council is a unique feature of the Charter of the United Nations. The Secretary-General has the opportunity, but also the responsibility, to bring to the attention of the Council issues which require action. The Secretary-General can have a decisive influence on decision-making in the Council, and has the capacity to mobilize political will among the membership on key issues on the agenda. Boutros-Ghali was absent from New York during much of the key period of the genocide. The Inquiry understands that Secretaries-General cannot be present at every meeting of the Security Council. The archives show almost daily cables informing the Secretary-General of the unfolding events in Kigali and Headquarters related to Rwanda, and sometimes replies to Headquarters with comments by the Secretary-General. The Inquiry concludes that the Secretary-General was kept informed of key developments in Rwanda. However, the role of the Secretary-General in relation to the Council in true crisis situations such as that of the Rwandan genocide, is one which can only to a limited extent be performed by proxy. Without the opportunity of direct personal contacts between the Secretary-General and the Security Council as a whole, and with its members, the role of the Secretary-General in influencing Council decision-making cannot be as effective or powerful as if he were present.

16. National evacuations: international troops in different roles

The rapid deployment of the national contingents to evacuate expatriates from Kigali saved lives among the expatriate community. Nonetheless, the lack of coordination on the ground with the United Nations before the operations is a matter of concern. The leadership of UNAMIR, or of the Secretariat, should have been better informed about the evacuations being planned.

The rapidity of the response, whereby the French operation was dispatched within hours of the shooting down of the aircraft, also shows a disconnect in the analysis of the situation between these key Member States of the United Nations and UNAMIR. Immediately upon receipt of the information about the crash, France, Belgium, US and Italy evidently believed the situation to be so volatile as to warrant immediate evacuation of their nationals. During these first hours after the crash, UNAMIR was still struggling to identify the nature of what had happened, and to establish basic communication among its own units.

One particular element of concern to the Inquiry is the different roles played by Belgian troops during these crucial hours. The Belgian contingent was still the best equipped and strongest of UNAMIR. The arrival of Belgian national troops blurred the perception of the Kibat contingent. Dallaire also stated to the Inquiry that the Belgian troops within UNAMIR also began taking orders from, and sharing materiel, with the evacuation force. This undermined the capacity of UNAMIR to act in the early days of the genocide.

17. Operation Turquoise

The French-led mission named Operation Turquoise was a mission conducted with the authorisation of the Security Council although not under United Nations command. The Inquiry will limit its analysis of Operation Turquoise to those elements specifically relevant to its mandate: the role of the United Nations during the period until July 1994.

Views diverge as to the effectiveness of the operation in saving the lives of those at risk within the humanitarian zone. Many of Inquiry's interlocutors have credited Operation Turquoise with saving a number of lives in a situation where few other initiatives were being taken to do so, although concerns were also expressed about a number of difficult issues of principle, i.a. with respect to the Operation's relationship to the United Nations. The decision to authorize the operation was not a unanimous one, and considerable concerns were voiced about the mission by those five members of the Council which abstained.

Like the rapid deployment of national evacuation forces, the sudden availability of thousands of troops for Operation Turquoise, after DPKO had been attempting for over a month to find troops to expand UNAMIR II, exposed the varying levels of political will to commit personnel in Rwanda. The Inquiry finds it unfortunate that the resources committed by France and other countries to Operation Turquoise could not instead have been put at the disposal of UNAMIR II.

The Secretary-General personally intervened in support of an authorisation of Operation Turquoise. The Inquiry notes that the Force Commander had sent substantive analysis of the possible problems which the operation might cause UNAMIR. One such difficulty was the perceived imbalance between the mandate of UNAMIR, which remained a Chapter VI operation throughout, and the Chapter VII authorisation given to Turquoise. To have two operations present in the same conflict area with the authorization of the Security Council but with such diverging powers was problematic.

The overlap of troop contributing countries also caused problems for UNAMIR. Indeed, on 21 June, Dallaire decided to evacuate 42 peacekeepers from francophone African States, Congo, Senegal and Togo and to replace them with United Nations personnel from Nairobi, Kenya, because of the negative reactions by the RPF caused by their participation in Operation Turquoise.

During the course of Operation Turquoise, there was on some occasions direct confrontation, or the risk of such confrontation, between the force and the RPF. As has been mentioned above, UNAMIR was asked to convey messages between the two, a role which must be considered awkward to say the least.

18. Rwanda as a member of the Security Council

The fact that Rwanda, represented by the Habyarimana government, was a member of the Security Council from January 1994 was a problem in the Security Council's handling of the Rwanda issue. In effect, one of the parties to the Arusha Peace Agreement had full access to the discussions of the Council and had the opportunity to try to influence decision-making in the Council on its own behalf. That a party to a conflict on the agenda of the Council, which was the host country of a peacekeeping operation, later subject to an arms embargo imposed by the body of which it was a member, shows the damaging effect of Rwanda's membership on the Council.

The damage was evident in the actions of the Rwandan representatives on the Security Council during this period. Both Secretariat officials and representatives of Members of the Council at the time have told the Inquiry that the Rwandan presence hampered the quality of the information that the Secretariat felt it possible to provide to the Council and the nature of the discussion in that body.

19. Final observations

On 15 November, 1999, a few weeks before the presentation of this report, the Secretary-General published a report on the fall of Srebrenica (ref A/54/549). Clearly, some of the criticisms directed at the actions of the United Nations in that report and the lessons learned drawn from them are also relevant to the present analysis of the role of the United Nations in Rwanda.

One such point is that "a deliberate and systematic attempt to terrorize, expel or murder an entire people must be met decisively with all necessary means, and with the political will to carry the policy through to its logical conclusion" (§502). Faced in Rwanda with the risk of genocide, and later the systematic implementation of a genocide, the United Nations had an obligation to act which transcended traditional principles of peacekeeping. In effect, there can be no neutrality in the face of genocide, no impartiality in the face of a campaign to exterminate part of a population. While the presence of United Nations peacekeepers in Rwanda may have begun as a traditional peacekeeping operation to monitor the implementation of an existing peace agreement, the onslaught of the genocide should have led decision-makers in the United Nations – from the Secretary-General and the Security Council to Secretariat officials and the leadership of UNAMIR – to realize that the original mandate, and indeed the neutral mediating role of the United Nations, was no longer adequate and required a different, more assertive response, combined with the means necessary to take such action.

The Inquiry agrees with the Secretary-General that "[W]hen the international community makes a solemn promise to safeguard and protect innocent civilians from massacre, then it must be willing to back its promise with the necessary means."

(§ 504) The experience of the Rwandan genocide makes it necessary to add that the United Nations must be aware that its presence in conflict areas also raises among those same civilians an expectation of protection which must be borne in mind when analysing the means necessary to conduct an operation. Whether or not an obligation to protect civilians is explicit in the mandate of a peacekeeping operation, the Rwandan genocide shows that the United Nations must be prepared to respond to the perception and the expectation of protection created by its very presence.

In his report, the Secretary-General encouraged Member States to engage in a process of reflection to clarify and to improve the capacity of the United Nations to respond to various forms of conflict. Among the issues highlighted, he mentioned the gulf between mandate and means and an instititional ideology of impartiality even when confronted with attempted genocide. As is clear from the above, both of those issues formed part of the key failings of the UN in Rwanda. The Inquiry believes that the process of analysis and discussion suggested in the Srebrenica report should be undertaken promptly in order to address the mistakes of peacekeeping at the end of this century and to meet the challenges of the next one. The Inquiry hopes that the present report will add impetus to such a process.

There are institutional lessons to be learned from the Rwandan crisis with regard to the capacity and willingness of the United Nations to conduct peacekeeping operations. However, there are also lessons which need to be learned which relate specifically to the relationship between the United Nations and Rwanda.

The United Nations failed the people of Rwanda during the genocide in 1994. It is a failure for which the United Nations as an organization, but also its Member States, should have apologized more clearly, more frankly, and much earlier. The present report seeks to identify the scope and reasons of that failure. Based on the conclusions drawn about the problems in the response by the United Nations, the Inquiry has also formulated recommendations for the future. In so doing, the Inquiry hopes to provide a basis on which to build a better relationship between the Government and people of Rwanda on the one hand, and the United Nations on the other. This will require a true will for healing on both sides. The meetings which the Inquiry has held with both Rwandese and United Nations officials during the course of its work have shown that this will exists.

A renewed partnership will be necessary to deal with the challenges ahead. The aftermath of the genocide is still a reality - in the pain of those who lost loved ones, in the efforts to build reconciliation between Rwandans, in the challenges of bringing those responsible to justice, and in the continued problems of displacement as well as in the efforts to find ways to balance the needs and interests of those who survived the genocide within Rwanda and those returning from lives as refugees abroad. It is also still a reality in the continued existence of the Interahamwe as an armed force in the Great Lakes region, and in the continued instability in that area. The challenges of the future are ones where the United Nations can help Rwanda to rebuild and reconcile.

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