COMMON POSITION of 30 March 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union on Rwanda (98/252/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article J.2 thereof,

Whereas by Common Position 94/697/CFSP of 24 October 1994 adopted on the basis of Article J.2 of the Treaty on European Union, the Council defined the objectives and priorities of the European Union vis-à-vis Rwanda (1);

Whereas by Joint Action 96/250/CFSP of 25 March 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, a Special Envoy for the African Great Lakes Region was nominated (2);

Whereas in the light of developments in Rwanda since 1994, Common Position 94/697/CFSP should be updated,

HAS DEFINED THIS COMMON POSITION:

Article 1

The objectives and priorities of the European Union in its relations with Rwanda are to encourage, stimulate and support the process, begun by the Government of Rwanda, of:

- recovery from genocide,

- promotion of national reconciliation, reconstruction and development and transition to democracy,

- protection and promotion of human rights and fundamental freedoms.

Article 2

The European Union affirms that progress in these areas is primarily the responsibility of the Government of Rwanda. In order to support the efforts of the Government of Rwanda, the European Union, including through the offices of its Special Envoy to the Great Lakes Region, shall:

- seek a way to help bring an end to the continuing destabilising conflict, including through supporting the work of the International Commission of Enquiry (Rwanda), and to all human rights violations resulting from this conflict,

- encourage and support efforts by the Government of Rwanda to protect and promote the human rights of all Rwandans, including through a close partnership with the UN Human Rights Field Operation in Rwanda,

- encourage and support efforts by the Government of Rwanda to bring about reconciliation among all Rwandans, including through dialogue with all groups which reject the use of violence, notably on power-sharing and minority protection, leading to strengthened democratic institutions and processes,

- encourage and support efforts by the Government of Rwanda to improve the Rwandan judicial system, including bringing to account those responsible for crimes against humanity, including genocide,

- encourage the Government of Rwanda to show utmost restraint with regard to the imposition and execution of the death penalty with a view to its total abolition and to comply fully with it in its obligations under the International Covenant on Civil and Political Rights and to observe other international safeguards concerning the death penalty,

- continue its support for the work of the International Tribunal in Arusha, including renewing its efforts to ensure that all States surrender to the Tribunal all those indicted for genocide and other serious violations of international humanitarian law,

- encourage and support the adoption, by the Government of Rwanda, of non-custodial measures to deal with certain categories of prisoners accused of lesser involvement in crimes against humanity,

- encourage and support efforts by the Government of Rwanda to facilitate the reintegration into Rwandan society of genocide survivors, demobilised soldiers and all other displaced people, including through close cooperation with relevant international organisations,

- encourage an improvement in the living conditions of all Rwandans, taking into account the detrimental effects of mass poverty and underdevelopment on political stability,

- encourage the Government of Rwanda to take the appropriate steps to comply with the United Nations General Assembly Resolution on Safety and Security of Humanitarian Personnel (52/167).

Article 3

The Council notes that the Commission intends to direct its action towards achieving the objectives and the priorities of this common position, where appropriate, by pertinent Community measures.

Article 4

In implementing this common position, the European Union will cooperate closely with the UN, Organisation of African Unity and other interested organisations.

Article 5

The implementation of this common position will be monitored regularly. The common position will be reviewed within 12 months.

Article 6

This common position shall take effect on the day of its adoption.

Article 7

This common positive shall be published in the Official Journal.

Done at Brussels, 30 March 1998.

For the Council

The President

M. BECKETT

(1) OJ L 283, 29.10.1994, p. 1.

(2) OJ L 87, 4.4.1996, p. 1.