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* Rwandan leader says allegations in U.N. report “baseless”
* Says Rwanda needs freedom from human rights organisation

Rwandan President Paul Kagame attacked the United Nations on Thursday over a leaked report saying Rwandan troops may have committed genocide and criticised a rights group that found fault with last month’s election.

Rwanda threatened to pull out its troops from U.N. peacekeeping missions last month after the leaked report on crimes alleged to have been committed by various forces in the Democratic Republic of Congo during the 1990s, including the charge that Rwandan troops may have committed genocide.

Asked if the report damaged his legitimacy, Kagame said: “I don’t imagine that my legitimacy is something that would just be washed away by such allegations.”

Kagame, answering reporters’ questions after giving a speech at London’s International Institute for Strategic Studies, said the allegations in the U.N. report were “baseless and totally untrue and flawed in many ways, right from the authors of the report to the methods used“.

“If there was anything to be questioned about anything that could have gone wrong either in the Congo or the Great Lakes region or particularly in Rwanda, it should have been the U.N. to really be held accountable for that,” he said.

U.N. Secretary-General Ban Ki-moon took Rwanda’s threat to withdraw peacekeepers so seriously he flew to Rwanda last week to talk to Kagame. Ban said they had agreed on the importance of Rwanda staying in peacekeeping operations.

Kagame said the countries mentioned in the report were working with the U.N. “to find where to place the problems they referred to”.

RIGHTS GROUP CRITICISED

U.N. peacekeepers were widely criticised for failing to prevent the 1994 slaughter of 800,000 Tutsis and moderate Hutus in Rwanda that ended only after Tutsi-led fighters under Kagame retook control of the country.

Rwanda’s army then invaded Congo, ostensibly to hunt down Hutu fighters who had taken part in the killings and fled into eastern Congo, then known as Zaire.

In the process, Rwandan forces helped sweep the Congolese AFDL rebels of Laurent Kabila to power in Congo. Both forces have been accused of a string of rights abuses against Hutu fighters and civilians across the country.

Kagame, re-elected last month with 93 percent of the vote, has been praised for rebuilding Rwanda and establishing peace in the aftermath of the 1994 genocide, but his government has also faced accusations of stifling political opposition.

Kagame sharply rebuked a representative of New York-based rights group Human Rights Watch who asked whether he planned to expand the “political space” in Rwanda so future elections could take place in an atmosphere of genuine political competition.

Human Rights Watch researcher Carina Tertsakian said last month the election was marked by a “climate of intimidation and exclusion of the opposition and critical voices”.

“Rwandans have no problems of freedom. It is important you respect them and respect their opinion as well,” Kagame told Tom Porteous, head of Human Rights Watch’s London office.

“I also want to say we probably need freedom from Human Rights Watch,” he said.

Source: Reuters
[AlertNet]

Kigali – President Paul Kagame, reappointed on Tuesday former ministers to their portfolios, maintaining the entire cabinet line-up.

Kagame had earlier on, indicated that he was not about to change a team that was still vibrant and delivering. He made the remarks on Tuesday at the Parliament, during the swearing-in ceremony of Prime Minister, Bernard Makuza, who was reappointed on Monday evening.

The ceremony was attended by top government officials, lawmakers and diplomats.
In the 8-minute address to the joint session of Parliament, President Kagame accepted the Oath of PM Makuza who sealed his stay at the helm of government which he has led since 2000.

The 49 year-old Makuza took the Oath at exactly 11:00am (0900GMT), some eight days after the swearing of President Kagame, and some seven days left to the end of the constitutionally stipulated timeframe for a PM to be in place.

President Kagame said that he would �wish� to see the current cabinet team returned without any changes � after the new Prime Minister Bernard Makuza had just taken the Oath of Office.

�Even if it will be a new cabinet, I can promise you that a majority – if not all, will return,� said Kagame as the audience in the Parliamentary buildings erupted into lengthy applause.

Essentially closing up on the silent debate that has been ongoing as to who will be named to the new government, President Kagame was clear that he did not expect any changes at the moment.

�That is my wish. I hope we will agree on that with the Prime Minister very soon to avoid a continued vacuum, to allow cabinet to start work soon,� said Kagame, as the audience gave him more applause.

�For those who were preparing to be appointed,� said Kagame as his address was swallowed up by the continued applause, before adding: �You will have to be a little bit patient.�

�As I can see, the current team is not tired yet. We will look at the other aspects in the years to come,� said Kagame.

Kagame said that although the ceremony was about the swearing-in of a new Prime Minister, Makuza was not new to the position. The President pointed out that during his last mandate, a lot was accomplished, and added that there is still more to be done in the next seven years.

He went on to say that he would like to have a nation of hardworking citizens who would fast track the country’s development. The Head of State thanked the leaders for their partnership and commitment. As Prime Minister, he will be in charge of coordinating cabinet activities in accordance with guidelines set by the President.

Makuza, 49, who does not belong to any political party, served as Rwanda’s Ambassador to Burundi and Germany, prior to becoming Prime Minister in 2000, under ex- President Pasteur Bizimungu. He continued as Prime Minister under President Kagame � up until today.
Related:

General Kagame reappoints Bernard Makuza as Prime Minister

Bernard Makuza:
Rwandan Prime Minister since 2000.

Kigali – President Paul Kagame has reappointed Bernard Makuza as Prime Minister on Monday. He is to remain PM after 10 years.

This was announced by the Office of the President.

“According to the Rwandan Constitution, the President has to name the Prime Minister within 15 days of the inauguration and in turn, the Prime Minister will work with the Head of State to identify and put in place a new government or cabinet.”

“As the constitution requires, President Kagame named Bernard Makuza Prime Minister who will be sworn in today in the Parliamentary Building,” official communication from President’s Office indicates.

Speculation had been rife suggesting the Social Democratic Party (PSD) could be asked to provide a candidate for premiership. The most likely candidate was Lower Chamber of Parliament and losing presidential candidate Dr. Jean Damascene Ntawukuriryayo.

But during preparations for the Kagame swearing, Makuza received all the Heads of State who were in Kigali for the inauguration fete.

As Prime Minister, Makuza will now commence the search for those to make up the cabinet, in consultation with President Kagame. Parliament has no role.

According to the Official Website of the Prime Minister, with regard to his responsibilities, the Premier is in charge of coordinating the functioning of the Cabinet in accordance with broad guidelines set by the President of the Republic, and ensures the implementation of the law.

He also formulates the Government’s program in consultation with other members of the Cabinet, assigns duties to Ministers, Ministers of State and other members of the Cabinet.

Among his powers, he can also convene Cabinet meetings, draw up the agenda of the Cabinet in consultation with other members of the Cabinet and communicate it to the President; he can also preside over Cabinet meetings when the President is not in attendance.

The Prime Minister can also countersign laws enacted by the Parliament and promulgated by the President of the Republic, and also appoint civil and military officers with the exception of those appointed by the President of the Republic.

Among other things, he can sign orders in respect of the appointment and promotion of junior officers of Rwanda Defence Force and National Police.

Prior to his appointment as Prime Minister, 49 year-old Makuza, who is not a member of any political party, was Rwanda’s Ambassador to Burundi and Germany.

His first appointment came under President Pasteur Bizimungu in March 2000, as he replaced Pierre C�lestin Rwigema.

He remained as the head of a new government named on March 8, 2008, which was composed of 21 ministers and six secretaries of state.

by Christopher Black

On August 26, the French newspaper Le Monde revealed the existence of a draft UN report on the most serious violations of human rights in the Democratic Republic of Congo over an eleven-year period (1993-2003).1 The massive draft report states that after the Rwandan Patriotic Front’s takeover of Rwanda in 1994, it proceeded to carry out "systematic and widespread attacks" against Hutu refugees who had fled Rwanda to neighboring Zaire (now the DRC) as well as against the Hutu civilian population of the DRC in general.� Crucially, it concludes that the pattern of these attacks "reveal[s] a number of damning elements that, if they were proven before a competent court, could be classified as crimes of genocide."2

The draft report was leaked to Le Monde out of the plausible fear that its most damning facts and charges against the armed forces of the Rwandan Patriotic Front and President Paul Kagame would be expunged prior to its official release.� Sure enough, one week later, UN High Commissioner for Human Rights Navanethem Pillay announced that the official report’s release would be delayed until October 1 "to give concerned states a further month to comment on the draft," and even "offered to publish any comments alongside the report itself."3

Such an unprecedented offer by the UNHCHR follows from a number of factors, including the role that Rwandan troops play in UN peacekeeping operations, and the fact that earlier this year, UN Secretary-General Ban Ki-moon appointed Kagame to serve along with Spain’s Prime Minister Jose Luis Rodriguez Zapatero as co-chairs of a new Millennium Development Goal Advisory Group.� According to the New Yorker‘s Philip Gourevitch — who, after Alison Des Forges, did as much as anyone to sell the official version of the 1994 "Rwanda genocide" to the West, and clearly remains on very friendly terms with the Kagame dictatorship — "top Rwandan officials [have been speaking] freely and on the record about their efforts to have the draft report quashed."� As Rwanda’s Minister of Foreign Affairs Louise Mushikiwabo confided in Gourevitch, "If it is endorsed by the U.N. and it’s ever published, . . . if the U.N. releases it as a U.N. report, the moment it’s released, the next day all our troops are coming home. �Not just Darfur, all the five countries where we have police."4

A third, no doubt more decisive factor is that the Kagame dictatorship is a client of the United States and "acts as a mercenary for U.S. interests in Africa," as Glen Ford observes; the current conflict between this dictatorship and the UN "threatens to reveal the United States’ role as enabler in the deaths of as many assix million people while Washington’s allies occupied and looted the eastern regions of the Democratic Republic of Congo."5�It is Washington’s ties to Kagame’ RPF, ultimately, as well as London’s and Brussels’, that public discussions of the draft UN report should turn the spotlight on.

But this is not the first such report to have been drafted by the UN — nor is it the first one to be covered up.� As early as October 11, 1994, Robert Gersony, an employee of the U.S. Agency for International Development then attached to the UN High Commissioner for Refugees, made an oral presentation to the UN Commission of Experts on Rwanda.� Gersony had been dispatched to survey the situation inside Rwanda to determine if conditions were right for a return of the Hutu refugees who had fled the RPF.� Instead he found that the RPF had been committing systematic massacres of the Hutu population in Rwanda starting in April 1994 and continuing through the date of his presentation.

On page 4 of the UN record of Gersony’s oral presentation, we read:

"Significant areas of Butare Prefecture, Kibungo Prefecture, and the southern and eastern areas of Kigali Prefecture have been — and in some cases were reported to remain as early as September — the scene of systematic and sustained killing and persecution of the civilian Hutu populations by the [Rwandan Patriotic Army]. �These activities are reported to have begun, depending on location, between April and July 1994, immediately following the expulsion from each area of former Government military, militia and surrogate forces. �These [Rwandan Patriotic Army] actions were consistently reported to be conducted in areas where opposition forces of any kind — armed or unarmed — or resistance of any kind — other than attempts by the victims of these actions to escape — were absent. �Large scale indiscriminate killings of men, women and children, including the sick and elderly, were consistently reported."

And on page 6 we also learn that "an unmistakable pattern of systematic [Rwandan Patriotic Army] conduct of such actions is the unavoidable conclusion of the team’s interviews."

The Gersony report is identified in a cover letter dated October 11, 1994, from one Francois Fouinat to Mrs. B. Molina-Abram, the Secretary to the Commission of Experts on Rwanda.� In this brief letter, Fouinat explains:

"We refer to the UNHCR’s briefing to the Commission of Experts on Monday, 11 October 1994.

"As requested by the Commission, we are forwarding herewith a written summary of Mr. Gersony’s oral presentation and copies of some field reports sent to UNHCR Headquarters by UNHCR Field Offices.

"We are confident that as agreed by the President of the Commission of Experts, these documents will be treated as confidential and only be made available to the members of the Commission."

I possess copies of these two UN documents from October 1994 because they are part of the evidence-base at the International Criminal Tribunal for Rwanda, where I serve as the lead defense counsel for Hutu former General Augustin Ndindiliyimana, once the Chief of Staff of the Rwanda Gendarmerie.� The documents were found by my legal assistant purely by chance while scanning the prosecution’s Electronic Disclosure System, which contains hundreds of thousands of documents that are not indexed in any order.� My assistant came across them as part of a package of material organized by Robert Gersony himself while he was assigned to the UNHCR.� It must be assumed that Mr. Gersony thought the documents relevant, as they affected the fate of the Hutu refugees.

At the ICTR, the brief cover letter by Francois Fouinat bears the index number "R0002906." �The next 14 pages of R0002906 contain the Gersony report and are numbered sequentially with an ‘R’ — prefix number used by the ICTR for documents contained in its Rwanda files.

Because I possess the series of ICTR documents beginning with R0002906, I also have in my possession an even more astonishing document the true historical significance of which has once again been underscored by the leaked UNHCHR report: Namely, the copy of a letter from Paul Kagame to his fellow Tutsi Jean-Baptiste Bagaza of Burundi, dated August 10, 1994.

Let me share with you an exchange that took place on November 18, 2008 in the Military II trial at the ICTR.6� What was said in court that particular day explains how these documents came to light. �I was one of the speakers.

Mr. Black,7

"Mr. President, before I do that — that takes place, I have something which I would like to raise of great importance, I think.

"Yesterday my legal assistant found by accident, something, I think of grave importance for this Tribunal and for the world. �It’s a letter from General Paul Kagame dated the 10th of August 1994 to Jean Baptiste Bagaza, . . . in Burundi. �It’s marked ‘confidential’.

"I didn’t have time to make copies, so I want to read it to you. �It has an ‘R’-number.� R0002905. �It’s in French, so please bear with me to make a loose translation. �It says — it’s only one page and it is short:

‘Dear Brother Jean Baptiste Bagaza, we have the greatest honour to extend our sincere gratitude to you both for your financial and technical support in our struggle that has just ended with the taking of Kigali.

‘Rest assured that our plan to continue shall be pursued as we agreed at our last meeting in Kampala. �Last week I communicated with our big brother Yoweri Museveni and decided to make some modifications to the plan. �Indeed, as you have noted, the taking of Kigali quickly provoked a panic among the Hutus who fled to Goma and Bukavu. �We have found that the presence of a large number of Rwandan refugees at Goma and the international community can cause our plan for Zaire to fail. �We cannot occupy ourselves with Zaire until after the return of these Hutus. �All means are being used for their return as rapidly as possible. �In any case, our external intelligence services continue to crisscross the east of Zaire and our Belgian, British and American collaborators, the rest of Zaire. �The action reports are expected in the next few days.

‘Concerning the Burundi plan, we are very content with your work to ensure the failure of the policies of FRODEBU. �It is necessary to paralyze the power of FRODEBU until the total ruin of the situation in order to justify your action that must not miss its target. �Our soldiers will be deployed, this time, not only in Bujumbura, but in the places you judge strategic. �Our elements stationed at Bugesera are ready to intervene at any moment. �The plan for Burundi must be executed as soon as possible before the Hutus of Rwanda can organize themselves.

‘In the hope of seeing you next time at Kigali, we ask you to accept, dear brother, our most respectful greetings’.

General Paul Kagame
Minister of Defence (signed by his assistant Mr. Rwego8)

"The importance of this letter if you have grasped it fully cannot be overstated. �It means the attack on Rwanda from 1990 was not the prime objective of Kagame and his collaborators. �Zaire was always the prime objective. �That their excuse for the attack on Rwanda about establishing democracy and return of refugees, was completely false. �That the invasion from Uganda had only one purpose: to clear the path through Rwanda to Zaire. �That the return of refugees, as many witnesses have stated, was not for humanitarian reasons, but to clear the path for the invasion of Zaire. �It means that the Americans, British, particularly with Kagame and Museveni, planned the invasion of Zaire [sic] in 1994, probably before that. �It means that the excuse given for the invasions of Congo since this letter was written to clear the ‘Interahamwe’ or ‘genocidaires‘ is completely false. �No mention is made of ‘Interahamwe’.� �No mention is made of ‘genocide’.� It means, since this was received, it looks like a date stamp of this tribunal, 8th December 1994, that the Prosecutor of this Tribunal has been hiding information indicating a conspiracy to commit a war of aggression against Congo-Zaire, Zaire and all of the war crimes have flowed from it since and the continuation of those wars in Congo now begun 14 years ago, if not longer. �And that the principal parties are the principal parties stated in this letter. �It indicates that the prime target, Hutus in Rwanda and Burundi, that they want to suppress the Hutu population in order to carry out their plan. �Democracy was never their concern. �And it indicates that the Prosecutor was in — had information in a territorial and temporal jurisdiction of this Tribunal under rule — under Statute-Article 1. �That they are also concerned with war crimes committed in neighboring states.

"So, here you have the smoking gun, the letter, planning the invasion of Zaire with the Americans and British. �And it confirms our theory all the way through this trial that the Belgians were involved with those other countries. �And again, there must be — and this, as a colleague pointed out, is page 8 of 12. ��So where are the other eleven pages of — what other letters do they have in their hands? �And again, it indicates that these men have been stitched up, falsely accused, in order to clear them out of the way so this plan can take place. �If this is published in the New York Times or Washington Post, the whole picture of the war in Rwanda and the wars n Congo would change.

"So I ask the Prosecutor, once again, where is that file? �And in fact I would like them to produce the indictment against Kagame9 because I want to see what he’s been charged with, exactly what crimes and where.� So, again, I ask for this file to be produced and I ask why they have not acted. �Mr. Jallow and Louise Arbour and everybody else have been protecting the RPF which has now resulted in millions of deaths in the Congo and continues up till today and what is going on in Congo now.

"And I state openly that the Prosecution office is complicit with this invasion of Congo and is responsible themselves for all those murders in Congo because they’ve hidden this for a long time and they could have exposed it many years ago and stopped the invasions.

"If the international community, that is, other than the United States and the Britain, had been aware of what was going on, it would never have taken place. �But they sit there and they accuse us, my client, and the other officers here of committing crimes, they knew what they were doing in Zaire. �I don’t think they can even shave and look in the mirror in the morning."

Mr. President,10

"Counsel, having said all of that, why don’t you send this to the New York Times?"

Black,

"It will be sent . . . whether they publish it I do not know."11

In the days after this letter was exposed the prosecution accused the defence of having fabricated the letter and raised questions about its authenticity.

I replied, first, that the letter bears a sequential ICTR index number with an ‘R’-prefix — the prefix used for Rwanda documents.

Second, as mentioned above, this letter was found among the package of material organized by Robert Gersony while assigned to the UNHCR.

Third, the letter was date-stamped "December 8, 1994" by the ICTR.� Presumably, this was its date of receipt by the ICTR.

Fourth, it is also noteworthy that the letter that we know was created no later than December 8th 1994 speaks of moving the Hutus out of the way in Zaire and this is exactly what happened. �First the UN tried to force them back into Rwanda and partly succeeded.� But the mass of refugees refused to return, so in 1996 the attacks on the Hutu refugee camps began, forcing them to flee into the Congo forest. �There is a lot of testimony by Hutus who were either forced at gunpoint to return to Rwanda or experienced the manhunt against them conducted by the RPF and its allies.

Fifth, the letter is further authenticated by noting that the addressee (the Burundian Tutsi Jean Baptiste Bagaza) did in fact carry out a coup d’�tat in Burundi against a more moderate Tutsi and turned against the Hutu political group called Front pour la D�mocratie au Burundi (FRODEBU, or Front for Democracy in Burundi). �Unquestionably, Bagaza and Kagame were allies.� According to the testimony of expert witness Dr. Helmut Strizek before the ICTR:

Q. "Very well, doctor, let’s move toward the end. �What clarification would you like to make on the relationship between Bagaza and Kagame when the president’s aeroplane was shot down?"

Strizek. "If my memory serves me right, Bagaza had left the country, and I think returned after or before the assassination of Ndadaye. �Bagaza was a hardliner, a Tutsi hardliner, so there was an alliance between the two of them, and they wanted to prevent a Hutu president from being in charge of Burundi."

. . . . . . . . . . . .

Strizek. "Jean-Baptiste Bagaza was a Hima or Tutsi president of Burundi who took power when he overthrew President Micombero, who had been responsible of anti-Hutu genocide in 1972. �He was in power for some time. . . .
"In my opinion, it’s quite clear that Bagaza and Kagame follow the same line."12

Sixth, the man whose signature appears on the letter on behalf of Paul Kagame, Mr. Rwego, confirmed to a member of the defence team that he did in fact sign it.

The accidental discovery of this August 10, 1994 letter from Paul Kagame to his "Dear Brother Jean Baptiste Bagaza" was met with an immediate reaction by the prosecution, who accused the defence of fabricating it, pointing out a typo in the letterhead.� But this line of criticism failed, as it was shown that there are other letters in existence from the RPF on the same stationary, with the same typo in the letterhead, and these letters are regarded as authentic.

That someone regarded the letter as authentic and dangerous is highlighted the fact that I was followed by a Tanzanian police officer the night after I produced it in court and was forced to complain about this surveillance in court the next day.� Yet the prosecution continued its attacks on the letter’s authenticity, even though the document came from the files of the prosecutor.� And this important revelation during the Military II trial was never reported in the mass media — though I did send it to many journalists, including the New York Times.

Now that the draft UN report on the atrocities committed by the RPF in the Congo has been leaked, the findings of the very first UN report of RPF atrocities against the Hutus beginning in 1994 should also be recognized and addressed.

The UN must explain why the record of that 1994 presentation by Robert Gersony was marked "confidential" and why the latest draft UN report does not refer to it.

The prosecutors at the ICTR must explain why they hid these documents from the defence for nearly 15 years, and why, even though they have these documents in their possession, they have never once used these documents to bring charges against a single member of the RPF.

Last, Paul Kagame and his American, Belgian, and British collaborators must explain the meaning of the letter — and in particular, the meaning of the phrase, "plan for Zaire."

�

Endnotes

�1 Christophe Ch�telot, "L’acte d’accusation de dix ans de crimes au Congo RDC," Le Monde, August 26, 2010.� For some additional news reports, see: "UN Uncovers Possible Genocide in Congo: Report," Agence France Presse, August 26, 2010; David Lewis, "Rwandan Army May Have Committed Genocide — UN Report," Reuters, August 26, 2010; Judi Rever, "UN Lawyer Says Congo Butchery Resembled Rwandan Genocide," Agence France Presse, August 27, 2010; Michelle Faul, "UN Draft Report: Rwandan Army Attacks on Refugees in Congo in the 1990s Could Be Genocide," Associated Press, August 27, 2010; "DR Congo Killings ‘May Be Genocide’ — UN Draft Report," BBC, August 27, 2010; Max Delany, Rwanda Dismisses UN Report Detailing Possible Hutu Genocide in Congo Christian Science Monitor, August 27, 2010; Chris McGreal et al., "Leaked UN Report Accuses Rwanda of Possible Genocide in Congo," The Guardian, August 27, 2010; Xan Rice, "Returning Refugees: Lush Land the Prize That Could Reignite Ethnic Conflict in DRC," The Guardian, August 27, 2010; Howard French, "U.N. Report on Congo Offers New View of Genocide Era," New York Times, August 28, 2010; Colum Lynch, "U.N. Says Rwandan Troops Carried Out Mass Killings in ’90s," Washington Post, August 29, 2010.

2�See "Report of the Mapping Exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003," UN High Commissioner for Human Rights, draft report dated June, 2010, para. 517.

3 �"UN Report on Rights Violations in DR Congo to Be Released Next Month," UN News Center, September 2, 2010.

4 �Philip Gourevitch, "Rwanda Pushes Back Against UN Genocide Charges," New Yorker Blog, August 27, 2010.

5 �Glen Ford, "Rwanda Crisis Could Expose U.S. Role in Congo Genocide," Black Agenda Report, September 1, 2010.

6 �The Military II trial concerns the joint trial of General Augustin Bizimungu, Chief of Staff of the Rwandan Army, General Augustin Ndindiliyimana, Chief of Staff of the Rwandan Gendarmerie, Major Nzwonyemeye, Commander of the Reconnaissance Battalion, and Captain Sagahutu , Commander, Squadron A of the Reconnaissance Battalion.

7 �Let the record show that I have written here exactly what I said in court.� The translation in the trial transcripts is a bit garbled, and I have corrected the text accordingly.

8 �Reference ICTR document number R0002905, letter dated August 10th, 1994, date stamped by the ICTR 8th December, 1994.� Marked as page 8 of 12.

9 �Defence counsel had been informed by a member of the prosecution that an indictment exists against Paul Kagame for war crimes and is being held by the ICTR for the appropriate time. �In order to determine whether this was correct information the defence counsel several times asked the prosecution to provide that indictment as it would affect the defense. �The prosecution never denied its existence and the defence was advised to bring a motion to request it.

10 �Judge Asoka Da Silva of Sri Lanka, Presiding Judge, Tria, Chamber III, ICTR.

11 �Transcript, Military II Trial, November 18th, 2008, pages 1-3.

12 �Transcript, Military II Trial, November 24th, 2008, page 62, lines 19-24; and page 63.

Christopher Black serves as Lead Counsel for the Hutu former General Augustin Ndindiliyimana, Chief of Staff, Rwanda Gendarmerie, in Military II trial at the International Criminal Tribunal for Rwanda.

[Mr Zine Monthly Review]

Kigal – Two French judges arrived in Kigali on Saturday with a team to investigate the assassination of Rwandan president Juvenal Habyarimana in 1994. Rwanda cut off diplomatic ties with France in November 2006 over the investigation, after arrest warrants were issued against nine people close to President Paul Kagame. They have since been restored.

�We are in a new diplomatic environment. Today�s situation allows the mission to go ahead, something that was not possible two or three years ago,� Emmanuel Bidanda, a lawyer of one of the victims, told RFI.

Lawyers for the victims, who are plaintiffs in the inquiry, along with lawyers of three Rwandans close to Kagame who were wanted on international arrest warrants, are accompanying the French team.

Judges Marc Tr�vidic and Nathalie Poux will spend a week in Rwanda looking into how Habyarimana�s plane was shot down. He was killed, along with Burundi president Cyprien Ntaryamira and others who were on board. The incident sparked the three-month genocide in which 800,000 people, mostly Tutsis, were killed.

France is investigating the assassination because the pilots of the plane were French. The judges will be accompanied by experts in geometry, ballistics, explosives and fires, and hope to determine from where the missiles were shot.

They suspect a commando squad of Rwandan Patriotic Front, the Tutsi rebel group headed by Kagame, who seized power after the genocide, infiltrated the lines of the mainly Hutu Rwandan Armed Forces (FAR).

Rwanda says the attack was carried out by Hutu extremists within the FAR who wanted to eliminate the president in a coup d��tat. A Rwandan report, supported by a ballistic survey conducted by British experts, shows the missiles were fired from a big FAR military camp.

At the request of defence authorities, the investigating team will take witness statements as well as copies of the evidence that the copies of the evidence used by Rwanda to draw its conclusions.

�What is important for the serenity of the judge�s work is that there not be any diplomatic consequences,� said Bidanda, who added that the investigation is a new step that will help to �resolve contradictions�.

The UN Secretary General has arrived in Rwanda on Tuesday September 7 amid allegations by UN report that Rwanda troops may have committed genocide against Hutus in the neighboring Democratic Republic of the Congo in the 1990′s.

The report, whose publication the United Nations has delayed until Oct. 1, said in the leaked draft that Rwandan troops may have committed genocide in the 1990s against Rwandan Hutus who had been driven into neighboring Democratic Republic of the Congo.

Following those allegations, Rwanda immediately announced it will stop its UN commitments and will pull out peacekeepers troops in Darfur if the UN goes ahead and publishes the report.

U.N. spokesman Farhan Haq said Ban flew into the Rwandan capital Kigali on the unannounced visit. He would meet later on Tuesday with Foreign Minister Louise Mushikiwabo and would see President Paul Kagame on Wednesday, Haq said.

Fearing that the UN would be tempted to succumb to Kagame’s pressure and cover up Rwandan troops crimes, Rwandans and many observers have already expressed their concerns to the UN Secretary General and hope that the report will be published as it has been written by the UN experts. (see� �If you succumb to Kigali�s pressure, you will be held responsible�, UN Secretary is told )

With General Kagame, Rwanda is literally again on the brink of an abyss

NAIROBI � Rwandans and the international community need to work together to end President Paul Kagame’s rule and pave the way for a democratic transition, exiled leaders said in a report obtained by AFP Tuesday.

The 60-page document, co-authored by four former senior officials turned opponents in exile, paints a damning picture of the state of political and individual freedoms in the small genocide-scarred central Africa nation.

“A minority government as repressive and unaccountable as Rwanda’s current regime cannot remain in office forever,” said the report.

“The people of Rwanda, together with rest of the international community, have a moral duty to work to end this repressive system of government. Rwanda is literally again on the brink of an abyss,” it said.

Kagame was sworn in for a second — and what should be a final — term in office Monday at a ceremony attended by 40,000 supporters and regional heads of state, a month after sweeping to re-election with 93 percent of the vote.

Rights groups have consistently decried the lack of freedom in Rwanda and slammed what they described as a climate of fear during an electoral campaign marred by arrests and killings.

The report, authored notably by two prominent security officials who claim to have been the target of government persecution and currently reside in South Africa, called for an inclusive dialogue on the future of the country.

“Implementation of the outcome of dialogue could be entrusted to a coalition government that includes the opposition that is currently excluded from political participation,” the document said in its conclusion.

Among the authors are General Faustin Kayumba Nyamwasa, who survived a June assassination attempt in South Africa, and Patrick Karegeya, a former intelligence chief who fled Rwanda in 2007.

The other two are Theogene Rudasingwa, a former Kagame chief of staff and ambassador to the United States, and Gerald Gahima, former prosecutor general and vice president of the supreme court.

Kagame, who has ruled Rwanda since his rebel group ended the 1994 genocide against his Tutsi minority, is facing a growing challenge from former comrades-in-arms who are now accusing him of dictatorial tendencies.

[AFP]

by Victoire Ingabire.

This Monday September 6th 2010, General Kagame was sworn in for another seven year term in office. In his address to the Rwandan people and friends of Rwanda, the United Democratic Forces regret that he evaded the key issues that threaten our country and which relate to the principles of democracy and human rights and good governance.

While more and more people are voicing their call for a highly inclusive national dialogue, the FDU-Inkingi are surprised that General Paul Kagame continues to ridicule those who advocate non-violence to solve the thorny problem of Rwanda. Indeed, in its militaristic style, the president concluded his speech in the national language by these unfortunate words: “We defeated those who were in arms; we will equally defeat those without arms.” a clear allusion to the democratic opposition

Regarding calls for more political openness, Paul Kagame said that “Africans do not need democracy but rather to fight against poverty“. Democracy is a universal value and to claim that Africans do not need it is sheer dictatorship and contempt vis-�-vis all the African peoples. Africans do not have to choose between “stomach” and democracy.

Moreover, the failure of government policy in fighting against poverty is obvious. Farmers in the North and East of the country which used to be the country’s food securest areas are today experiencing severe hunger because the regime imposed on them a brutal agricultural regionalization schemes. An all out cash crops agricultural in a subsistence economy will ultimately lead to food insecurity in the country.

The population was also expecting the President to justify the choice of his government to foster the development of the city of Kigali to the detriment of rural areas where more than 80% of the population lives.

For FDU-Inkingi it is absurd to promise economic miracles for the next term in office, so long as the so called Vision 2020 that the government uses as a smoke screen to critics and investors, will not be extensively reviewed to take into accounts the realities of rural areas.

He also mentioned the promotion of education. The FDU-Inkingi denounce the gap between promises and achievements of President Kagame during the last 16 years of his regime. Indeed, the current education system is a two-tier system: a system developed for the elite in government and the rich, and a system of “trial and errors” for the rest of the population. Thus, the current 9-4-4 system only applies to public schools where poor children go and does not apply to private schools.

The Rwandan people finally expected that the president shed light on very serious charges brought against his army and government by the United Nations, during the invasion of DRC in 1996-2003. Instead he swept them under the carpet and tried to put them on the shoulder of foreigners and human rights organization, scapegoats for all the ill doing of Rwandans. Instead of taking note of these charges and promising full cooperation with international justice so as to bring to book the guilty, he unleashed his anger against those who demand accountability. It is an insult to the Congolese and Rwandan victims

It is a double standards policy to use UN reports to indict opposition members and cry foul when the same organization calls for accountability in so serious crimes against humanity and war crimes genocide.

The move to blame every time the international community for failures of governance and for crimes committed by all sides in Rwanda and whichever ethnic groups, is a blatant denial of our responsibilities. Foreigners are not responsible for the murder of the vice president of the Green Party or for the journalist Rugambage. They are not responsible for the crack down on opposition members.

The FDU-Inkingi are of the opinion that the ethnic problems that poison all corners of the country’s life are not a creation of foreigners. It’s a reality we must all face.

The FDU-Inkingi, like other members of Permanent Consultative Council of the opposition, are convinced that in order to avoid chaos and ensure stability, the regime should take leaf from neighbouring countries and accept direct talks between government and the opposition. Both would discuss the best way of ensuring a full transition to good governance, national unity, reconciliation and stability in Rwanda. Talking to the opposition is not a sign of weakness but of good leadership.

Kigali September 6, 2010

Ms. Victoire Ingabire Umuhoza
President of FDU- Inkingi

Kagame’s Swearing ceremony

Excellencies, Heads of State and Government;

Excellencies, Heads of Delegations;

Leaders of Rwanda�s High Institutions;

Distinguished Guests;

Friends of Rwanda;

Fellow Rwandans;

It gives me great pleasure to welcome you all. I extend a special greeting to my sisters and brothers, Heads of State and Government, who graciously accepted our invitation to be part of this occasion.

Excellencies, your presence here is a shining example of African solidarity. On behalf of the people of Rwanda, I thank you most sincerely and, through you, express our unwavering unity with fellow Africans across the continent.

Among us also are friends of Rwanda from different parts of the world. We appreciate your friendship and support, and consider you valuable partners in our development journey.

Fellow Rwandans � I stand before you greatly honoured by your renewed trust and confidence; and mindful of the responsibility you have bestowed upon me, to lead our country in this new mandate, and the new challenges that come with it. I pledge to do my best, as I have always done, in order to meet your expectations.

Excellencies;

Dear Friends:

One month ago, Rwandans made their choice in the most emphatic and unequivocal manner. They freely exercised their inalienable right to make decisions for themselves, especially those that most affect their lives. It is this will of our people that is the sole basis for the authority of government.

For more than a decade and a half now, the people of this country have increasingly come together as one, to determine and shape their destiny. They demonstrated their willingness to put national interest above all else, through a clear vote for unity, reconciliation and socio-economic transformation.

In the months and weeks preceding our elections, there was an onslaught of bad press reports from sections of the media and human rights organisations, that deliberately misrepresented the situation in Rwanda, and sought to give the impression that our country was, so to speak, falling apart. This led some to expect an eruption of violence, in line with the prejudiced way in which African affairs are viewed.

But Rwandans know what it means to sink to the lowest level possible, and we have learnt lessons the hard way. Over time and with progress made, Rwandans have redefined themselves and are determined to forge ahead. They made their point defiantly by campaigning enthusiastically, and voting in peace.

The experience of starting from a very low base, has shown us that rapid progress can only be achieved when the people for whom it is intended, are mobilised and participate fully in development efforts. That, in itself, is a democratic process.

As a result, we have seen tangible improvement of living conditions, expansion of access to education and health services for all. Our system of decentralisation, as well as investments in information and communication technologies are giving Rwandans a greater voice and opening them up to the world. All these factors are empowering citizens in a way that has not been seen in our recent history.

Why then should there be a contradiction between development and democracy? In fact, we hold the view that you cannot have sustainable socio-economic development without corresponding growth in democratic governance. And, in turn, political rights without a matching reduction of poverty and improved quality of life would be meaningless.

There is no doubt that we face many problems in Africa, and the biggest one of all, is not the lack of democracy, but poverty, and the dependence that comes with underdevelopment. It is this situation of dependence that allows some governments, and even NGOs � who are not accountable to anyone � to think they have a right to dictate the conduct of legitimate state actors.

African governments are often accused of being corrupt and not responsive to the needs of our populations. But when we do what every government is expected to do � deliver services; instil accountability, transparency and efficiency; build social and economic infrastructure; and raise living standards � the goalposts change, and we are then accused of forcing progress on the people and of being repressive. Furthermore, these external actors turn around, and promote the ideas of adventurers who have no legitimacy, and who do not relate to the majority of the people, and deserve nothing more than to be ignored.

This duplicity cannot be construed as confusion or lack of understanding. Rather, it is evidence of hypocrisy and a patronising attitude towards our entire continent, which perpetuates the cycle of poverty and underdevelopment, continues to deprive our people of their dignity, and which Africans must continue to stand up against.

What we really need are more tools and resources to implement ideas that are relevant to our circumstances � this is what partnership is all about.

Excellencies;

Fellow citizens:

The most successful societies are those that have achieved a certain level of national cohesion and rally around common national interests. This is why we have found it important to revive the cultural bonds on which our society was founded, and used our energies and resources to restore a dignified nation.

We are constantly told that our politics should be organised along ethnic lines, ignoring the fact that these so-called ethnic divisions are not inherently Rwandan political classifications, but rather colonial constructs.

This approach may work in other places, but in our case, divisive politics and extremism led to the tragedy we witnessed in our country not long ago. And this is the reason Rwandans voted to reject this kind politics.

Of course, pursuing national unity does not blind us to the value of diversity and the benefits that come with it.

Similar to other countries, it simply means that our common interests supersede what separates us.

Our practical experience has taught us to deal with the toughest challenges. We have had to manage countless orphans and supported hundreds of thousands of widows; repatriated millions of refugees and settled them back into society; reintegrated thousands of soldiers who served in the genocidal government; administered a difficult restorative justice process, which has built bonds between victims and perpetrators of genocide. And all of this would not have been possible without a political system of where power is shared to unite rather than divide.

Given this background, it is difficult for us to comprehend those who want to give us lessons on inclusion, tolerance and human rights.

Habitual critics of Rwanda may say what they want, but they will neither dictate the direction we take as a nation, nor will they make a dent in our quest for self-determination. And we therefore categorically reject all their accusations.

This does not spare us from constantly looking at ourselves critically. We need to continue to govern effectively, provide expected public goods and empower our citizens. Our motivation and reward for staying the course of the choices we make, is to witness the transformation the lives of our peoples.

Excellencies;

Distinguished Ladies and Gentlemen;

Fellow Rwandans:

We are moving to the next stage of development and prosperity. If what we have achieved together so far is any indication, even better awaits us in the years to come.

We will continue to ensure food security; provide better education and health for all; promote trade and investment; and build modern infrastructure that responds to the direct needs of our citizens, including access to clean water, and energy to power homes, schools, health centres and industry.

We will also promote economic and political participation of all our citizens, as well as deepen empowerment of our women and girls; and ensure that our people have the skills necessary to succeed in a competitive world.

We will advance regional integration, and nurture good relations with our neighbours, because we share the similar aspirations and continue to work for the wider integration of our continent.

In conclusion, fellow Rwandans, I make this solemn pledge to you: together, we shall tackle the job ahead of us with courage and resolve, in order to consolidate our achievements and build a country in which every Rwandan exercises their responsibility and has equal opportunities.

Let us march together, in solidarity with the rest of our continent. Let us stand tall, tap into the rich tapestry of our societies, and build a nation and a continent we are proud to call ours.

I thank you all for your kind attention.

[PaulKagame]

The United Nations is delaying publication of its report on genocide against Hutus in DR Congo until Oct. 1 to give concerned states a chance to comment, the U.N. said on Thursday.

The report had been expected to be published this week. A leaked draft said Rwandan troops may have committed genocide in Congo, a charge rejected by the government of President Paul Kagame.

“Following requests, we have decided to give concerned states a further month to comment on the draft and I have offered to publish any comments alongside the report itself on 1 October, if they so wish,” U.N. High Commissioner for Human Rights Navi Pillay said in a statement.

Her spokesman Rupert Colville declined to say whether Rwanda was among the states seeking to comment on the report. The draft of the report covers some 600 serious crimes committed by various forces in the former Zaire during the period 1993-2003.

Rwanda said on Tuesday that it was considering pulling out all its troops from U.N. peacekeeping missions, starting with Darfur, following the leaked report.