1999/452/CFSP: Common Position of the Council of 12 July 1999 on Rwanda
Date: 1999-07-12
Institutions: Council of the European Union
Subjects: Rwanda, democratisation, economic reconstruction, human rights, settlement of disputes, the EU's international role

14. 7. 1999

EN

Official Journal of the European Communities

L 178/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COMMON POSITION OF THE COUNCIL

of 12 July 1999

on Rwanda

(1999/452/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

security policies towards the achievement of regional stability,
as it does with all other parties to conflicts in the region.

Having regard to the Treaty on European Union, and in partic-
ular Article 15 thereof,

Whereas:

Article 2

(1)

(2)

by Common Position 98/252/CFSP adopted on the basis
of Article 12 of the Treaty on European Union (1), the
Council defined the objectives and priorities of the Euro-
pean Union vis-à-vis Rwanda;

by Joint Action 96/250/CFSP adopted by the Council on
the basis of Article 13 of
the Treaty on European
Union (2), a Special Envoy for the African Great Lakes
Region was nominated;

(3)

in the light of developments in Rwanda since 1998,
Common Position 98/252/CFSP should be revised,

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 and the promotion of national

reconciliation;

— reconstruction and development;

— protection and promotion of human rights and funda-

mental freedoms;

— transition to democracy.

instability can jeopardise the achievement of these
Regional
goals. The European Union shall therefore encourage efforts of
the Government of Rwanda to orientate their foreign and

(1) OJ L 108, 7.4.1998, p. 1.
(2) OJ L 87, 4.4.1996, p. 1.

The European Union affirms that progress in these areas is
primarily the responsibility of the Government of Rwanda. In
order to support and encourage the efforts of the Government
of Rwanda in these areas,
including
through the offices of its Special Envoy to the African Great
Lakes Region, shall pursue a constructive and critical dialogue
with the Government of Rwanda on the basis of the following
provisions.

the European Union,

Article 3

With regard to the Government of Rwanda's regional foreign
and security policy, the European Union shall:

— encourage it, as it does with all other parties involved in the
conflict in the Democratic Republic of Congo, to partici-
pate in a constructive manner in regional and international
efforts to negotiate a peaceful solution. This solution must
lead to a ceasefire as soon as possible, followed by with-
drawal of all foreign troops from the Democratic Republic
of Congo. It must take into account security concerns and
further legitimate interests of all parties concerned and
respect the principles of territorial
integrity and national
sovereignty;

— encourage the Government of Rwanda, as it does with all
other parties in the conflict, to abide by its obligations
under international humanitarian law.

Article 4

With regard to the situation within Rwanda, the efforts of the
European Union shall be based on the following principles:

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Official Journal of the European Communities

14. 7. 1999

(a) concerning reconciliation and power-sharing, the European
Union shall encourage and support efforts by the Govern-
ment of Rwanda to bring about reconciliation among all
Rwandans within and outside Rwanda, including through
dialogue with all groups which reject violence and geno-
cide, focusing on power-sharing and minority protection.
The independence effectiveness and broad-based composi-
tion of the National Commission on Reconciliation and
National Unity is considered to be important
in this
context by the European Union;

(b) concerning democratisation,

the European Union shall:

— encourage the Government of Rwanda to devolve
competencies and powers to the newly elected local
authorities as soon as possible, in order to ensure the
participation of
in the political
local populations
process at grassroots level; and is willing to consider, in
principle, supporting the training of newly elected local
councillors in order to facilitate the process;

— encourage the Government of Rwanda's plan to hold
elections at commune and prefecture level in two years'
time and to elaborate an appropriate mechanism,
timing and management for these elections. This mech-
anism, while taking into account the problem of illit-
eracy, should establish a voting mechanism that will
ensure free and fair elections, guaranteeing equal rights
for all groups; the participation of civil society; public
debate; the right of free expression; transparency with
regard to the whole electoral process and electoral legis-
the nomination of an independent body to
lation;
prepare and oversee the entire electoral process and an
opportunity for all sectors of society to express their
views. The European Union shall examine possibilities
of supporting the elaboration of such an electoral
mechanism;

— encourage the Government of Rwanda to continue to
make progress towards democratisation and to plan for
elections to be held at national level in the near future;

(c) concerning the judicial system and the establishment of
traditional justice (Gacaca), the European Union, concerned
that the gacaca system may not comply with international
human rights standards and may cause further discord,
shall:

reach a pragmatic solution to the alarming problem of
a large prison population awaiting trial under precar-
ious conditions of detention;

to reduce

— encourage the Government of Rwanda to continue its
the prison population and its
efforts
realising its
campaign sensitisation,
decision, announced in 1998,
to release prisoners
against whom there are no files, or incomplete files, as
an important step towards alleviating the over-crowded
prison population;

including by

— support the work of the International Criminal Tribunal
in Arusha,
including through renewing its efforts to
ensure that all States surrender to the Tribunal all those
indicted by it for genocide and other serious violations
of
international humanitarian law and by seeking
continued improvement of the Tribunal's administrative
effectiveness;

— encourage the Government of Rwanda to show the
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 its obligations under
the International Covenant on Civil and Political Rights
safeguards
observe
and
concerning the death penalty;

international

other

to

(d) concerning villagisation policy, the European Union shall
encourage the Government of Rwanda to proceed with
such policy only after careful planning, prior
impact
studies, pilot projects and campaigns to sensitise the popu-
lation and to assure an equitable redistribution and
management of
to avoid resettlement,
in order
hastened by security considerations, bringing about human
rights violations, results contrary to the desired effects and
causes for further discord;

land,

(e) concerning human rights,

the European Union shall
encourage and support efforts by the Government of
Rwanda to protect and promote the human rights of all
Rwandans, including through assuring the independent and
the National Human Rights
effective
Commission and by continuing to work with the Special
Representative and the United Nations High Commissioner
for Human Rights;

functioning of

— encourage the Government of Rwanda to establish
clemency as a general working principle of gacaca, to
safeguard the right of civil defence and to sensitise the
population in general and genocide survivors in partic-
ular as to the need to accept this in order to deal
simultaneously with the problem of impunity and to

(f) concerning economic development and cooperation, the
European Union shall continue to support the efforts of the
Government of Rwanda to promote inclusive economic
development and to extend progress achieved on the
macroeconomic field as instruments for peace and stability,
including by encouraging additional efforts with regard to
good governance;

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Official Journal of the European Communities

L 178/3

(g) concerning

reintegration,

the European Union shall
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.

Article 5

The Council notes that the Commission intends to direct its
action towards achieving the objectives and priorities of this
Common
pertinent
Community measures.

Position, where

appropriate,

by

Article 8

This Common Position shall replace Common Position 98/
252/CFSP.

Article 9

This Common Position shall take effect on the day of
adoption.

its

Article 10

Article 6

This Common Position shall be published in the Official
Journal.

In implementing this Common Position, the European Union
will cooperate closely with the UN, OAU and other interested
organisations.

Article 7

The implementation of this Common Position will be moni-
tored regularly. The Common Position will be reviewed within
12 months.

Done at Brussels, 12 July 1999.

For the Council

The President

M. NIINISTÖ