Joint Statement and Plan of Action from the Conference in Support of Democratic Opportunities in the African Great Lakes Region

Montreal

Wednesday, January 22, 1997

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On the initiative of the International Centre for Human Rights and Democratic Development, representatives of approximately twenty human rights and development organizations, women's associations from Burundi, Rwanda, and Zaire, and inter-African and international non-governmental organizations met in Montreal from January 20 to January 22 to develop possible means of supporting democracy in the Great Lakes Region of Africa (Rwanda, Burundi, Zaire). The three UN Special Rapporteurs on the situation of human rights in these three countries were present as observers throughout the Conference.

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1. Objectives of the meeting

The main objective of this Conference is to begin in-depth consideration of issues related to democracy on the basis of the experience of actors in civil society. This is to be accomplished by identifying obstacles and adopting a plan of action designed to strengthen democracy in Zaire, Burundi, and Rwanda by:

 

• supporting the work of non-governmental organizations;
  

   

• encouraging governments to establish democratic processes;
  

   

• helping to advise groups that wish to create conditions for genuine democracy in the region.

2. Guidelines for our analysis and measures defined in the plan of action

 

• There is an intrinsic link between democracy and respect for human rights, and must be considered as priorities for any involvement in the region.
  

   

• Consensus building in the countries of the region must be based on adherence to an inclusive conception of citizenship; one that, without disregarding them, goes beyond regional, ethnic, or other ties.
  

   

• The development of citizenship and democracy in the countries of the region is a matter of concern for all their citizens; all the vital forces within their societies should therefore have the opportunity to participate.
  

   

• In all three of these countries women usually bear the heaviest burden caused by hostilities and authoritarian rule; special attention should therefore be taken to ensure that they participate democratically in all aspects of society.
  

   

• Any foreign involvement should support the initiatives taken by the democratic forces within these countries and should be designed and implemented in collaboration with said forces.
  

   

• Any local or international measures should include the concept of human rights and be intended to strengthen efforts on the local level.

 

3. The current situation

A. For the entire region

 

1. The current stages of transition toward democracy are either badly managed, incomplete, or seriously thwarted.

    

2. The large number of weapons in the region has fuelled fear and intimidation, creating a permanent sense of insecurity.

    

3. The economic situation is precarious, and extensive poverty has been a contributing factor to violence and hostilities. There are no plans for economic improvement, and people are forced to live in a constant struggle for survival; a situation that restricts their ability to take part in political decision making.

    

4. Ethnic origin is used as a political tool that identifies people, creating adversity and political exclusion.

    

5. Several factors limit the degree to which justice is fairly administered. These include an utter lack of resources, the absence of judicial independence from those in power, and a lack of political will. One consequence of the above is the inability to put an end to impunity.

B. For Zaire

 

1. The move to a multiparty system has provided room for certain freedoms, that however are not yet in place.

    

2. The authoritarian political regime currently ruling continues to pose the major obstacle to democracy.

    

3. The slow pace of transition to democracy has frustrated the international community and thus has interest in civil society dwindled, despite the urgent need for action. Moreover, there is a significant distance between some of the major political players and the rest of the population, which tends to be increasingly distrustful of politicians.

    

4. Although political forces would like to exclude it from discussions on the future of the country, Zaire's civil society continues to be very dynamic.

    

5. The political and constitutional bi-polarization is intense, particularly where ethnic and regional concerns are involved.

    

6. Zaire and the other countries of the region constitute the hub of a large network of arms dealing, which contribute to the growing insecurity of the population.

    

7. The presence on Zairian soil of Interahamwe militia forces and of rebels from Rwanda and Burundi, as well as members of the Rwandan, Burundi and Ugandan armed forces has added to the tension that already existed with neighbouring countries.

    

8. The media in Zaire has developed a satirical approach to the detriment of information.

C. For Rwanda

 

1. Attacks originating in other countries and infiltrations by rebel armies have entailed violations of basic human rights and freedoms and an atmosphere of insecurity.

    

2. The tragic reality of the genocide remains in the minds of the people and continues to create insecurity and mistrust.

    

3. There is too little respect for the basic rights of Rwandans. Arbitrary arrest and imprisonment as well as a lack of freedom of expression and political debate are among the characteristics of the current situation.

    

4. In spite of considerable progress, the judicial system is not able to administer fair justice, to provide those accused with proper and complete means of defence, or to guarantee that witnesses will be protected. Furthermore, the population is not adequately informed, and the judiciary is not entirely independent.

    

5. The rights of women are not guaranteed in Rwanda, despite the importance of their role in society. Despite the fact that they constitute the majority of the population women are not represented in decision-making bodies. A large number of them have become heads of households as a result of the genocide.

    

6. The mass return of refugees poses a serious problem for their reintegration into society and for national reconciliation between different ethnic groups.

D. For Burundi

 

1. The ongoing war in Burundi precludes respect for the basic human rights of the country's citizens. Human rights violations are committed with absolute impunity and have prevented a normalization of the situation in the country.

    

2. The embargo declared on Burundi following the coup has had a serious effect on the civilian population but has not forced the warring parties to negotiate.

    

3. As remarked by the UN Special Rapporteur for Burundi, refugees, displaced persons, and dispersed persons cannot be expected to return to their homes if the political systems and national legislation to which they are subjected are incapable of providing them with reliable guarantees against summary executions, forced disappearances, torture, and unfair trials.

    

4. Civilian organizations have little independence from political power structures, and opposition forces have been unsuccessful in reaching people who live outside the capital.

    

5. However, some organizations, especially women's organizations, have been able to come together and do offer promising potential for an eventual peace process.

    

6. The judicial system is in crisis. It cannot respond to the expectations of people who face trials; one of the reasons for this being its unbalanced ethnic make-up.

4. Measures included in the plan of action

A. For the three countries of the region
(Zaire, Rwanda, and Burundi)

 

1. Democracy cannot thrive unless the practice of using violence as a political tool is stopped. The Conference participants invoke the principles adopted by the Organization of African Unity on the issues of the territorial integrity of States, of non-assistance to rebel groups intervening in neighbouring countries, and of protection of refugees. The participants ask that all States respect these principles. All international players (States, multilateral organizations, and NGOs) must use their influence to put an end to violence by means that include:

    

   • Bringing all parties involved in hostilities in the African Great Lakes Region to declare an immediate cease-fire and to begin talks aimed at a peaceful settlement.

      

   • Encouraging multilateral organizations to play a facilitating role in these talks and to establish a "group of friendly countries" to accompany the process. The participation of the organizations that form civil society in each of the three countries should be assured in the above framework.

      

   • Asking all States to stop manufacturing and selling weapons and munitions to the belligerent forces in the Great Lakes Region and to take efficient measures to control private arms sales. (The third report of the UN International Commission of Inquiry into Arms Sales in the Great Lakes Region should be published immediately.) The UN should encourage the countries of the region to establish an arms register as a means to control the sale of arms. The UN should also encourage its member States to take legal action against national partners involved in any arms sales that contravene the provisions of embargoes.

      

   • Requesting that the States of the Great Lakes Region guarantee the safety of human rights advocates working in the region and that they recognize them as essential components of transition to democracy.

    

2. Civil societies in each of the three countries will be called upon to play major roles in the medium- and long-term transition to democracy. For the time being, they represent the basis for an alternative to the power exercised by non-democratic regimes. They should therefore receive substantial moral, political, technical, and financial support from the international community. The Conference participants have thus decided to:

    

   • Ask the organizations of civil society in the countries of the Great Lakes Region to establish links of solidarity between themselves; the participants promise to support the organization of a regional meeting of civil society to be held on this issue as soon as possible.

      

   • Encourage representatives of civil society to intervene directly in talks involving States when the issues being discussed concern them. This includes the UN Commission on Human Rights, the OAU's African Commission on Human and Peoples' Rights, and all regional summits. The Conference participants promise to support the representatives of civil society in such efforts.

      

   • Affirm the need to support the creation of common interests that can go beyond destruction and mend the social fabric so extensively torn by violence. These common interests can establish a foundation for a culture based on tolerance and on the ability to solve problems through peaceful means.

      

   • Recognize the need for programs specifically designed to train young people, open the region to business, and strengthen the region's media and communications systems.

    

3. Women's associations should be encouraged to continue demonstrating their will and ability to bring about reconciliation. The Conference participants support their continued efforts to reduce violence in their societies and to overcome ethnic barriers.

    

   • By providing institutional support so that they can develop their ability to propose changes in the direction of broader social participation; this includes legislative changes and efforts to avoid marginalization from other players in civil society.

    

4. Respect for human rights is a fundamental component of any genuine democratization.

    

   • The Conference participants support the proposal made by the three UN Special Rapporteurs for the region, namely, to devote a day from the next session of the Commission on Human Rights to the discussion of the situation in the region. We recommend that the UN increase the number of human rights monitors in each of the countries of the region and that it improve the level of their work. The UN missions should direct more efforts toward developing links with human rights monitoring organizations in these countries in an attempt to strengthen them and to encourage the regimes in power to recognize their legitimacy.

      

   • The participants believe that if civil society is to play its role as a democratizing agent, the freedoms of association, expression, opinion, and participation must be effectively guaranteed.

      

   • A concern for ethnic equity must be part of all initiatives and programs put forward by civil society and the State. Organizations from outside the region have a responsibility to monitor the above.

      

   • There is a desire to carry out a broad public awareness campaign on the issues of human rights and democracy. The international community should provide strong support for such an initiative.

B. For Zaire

 

1. The most urgent priority is to deal with the war that is raging in the eastern part of the country and to avoid what seems to be imminent civil war. Measures to be taken include:

    

   • Presenting the government of Zaire and the rebel forces with a firm and well-supported appeal for an immediate cease-fire.

      

   • Urging the above to engage immediately in talks aimed at a peaceful solution to the hostilities that are currently causing upheaval in eastern Zaire. The governments of the countries of the region must be asked to take part in any such talks.

      

   • Encouraging the government and rebel forces to respect international humanitarian law. The principles of humanitarian law, particularly the Geneva Conventions and their protocols, should be respected in all circumstances by the belligerent parties.

      

   • Reaffirming adhesion to the principle of Zaire's territorial integrity.

      

   • Requesting that the parties in Zaire, Rwanda, and Uganda receive an inter-African and international delegation of representatives from human rights, development, and women's organizations so as to contribute to the establishment of lasting peace in the region.

    

2. Certain prerequisites are needed to prepare for transition to democracy in Zaire. These include:

    

   • A commitment on the part of the Zairian government to hold free and transparent elections within a reasonable period of time following a return to peace. The international community should encourage the establishment of an electoral observation bodyfor the purpose of ensuring that truly democratic elections take place. Furthermore, foreigners involved in the process should support initiatives by civil society, for example: by strengthening the capability of those organizations to take part in electoral debates and monitoring; by setting up public education programs dealing with the democratic process, elections, and freedom of expression; and by supporting efforts to rebuild communication networks within Zaire so that the country's citizens can be informed and participate in the electoral process.

      

   • Openness to pluralistic public media.

      

   • The government of Zaire should promise to take all necessary measures to put the economy back on its feet and to curb corruption. Only in this way will the social and economic rights of the country's citizens be reestablished.

      

   • Zaire should ratify and respect all international human rights instruments, and it should enforce the instruments that could help to solve problems related to political and social participation on the part of minorities.

      

   • Civil society should be supported in its efforts to create national and regional coordinating bodies (though there should be no imposition of such bodies), particularly with a view to elections; those in power should recognize the legitimacy of such organizations.

C. For Burundi

 

1. Regarding the July 1996 coup in Burundi:

    

   • No coup d'état can be justified from a legal standpoint. As human rights activists, we believe that this principle should be protected and therefore that the coup d'état in Burundi should be condemned.

    

2. To restrain the violence affecting the country, the Conference participants recommend that the government and the rebel forces:

    

   • Accept an immediate cease-fire.

      

   • Enter into negotiations immediately so as to reach a negotiated solution to the hostilities. The negotiations should include all concerned parties and result in a new transitional agreement.

    

3. The States that have ratified the embargo currently in effect for Burundi should:

    

   • Lift all provisions not pertaining to arms and ammunition. For the time being, the civilian population is the sector most affected by the embargo. The States referred to above should therefore demand that the parties enter immediately into negotiations aimed at peace and national reconciliation.

      

   • Support former President Nyerere in his efforts to reach a negotiated settlement.

    

4. There is a need to develop the roles and capabilities of the media so that they can provide better input and facilitate social debate in Burundi.

    

5. There is a need to ensure that the judiciary be independent from political powers.

    

   • The government should be asked to create a fair, efficient, and multiethnic judicial system.

      

   • Educational action should be undertaken in an effort to raise awareness regarding individual responsibility for acts of crime and abuse.

      

   • There should be support for the creation of an international criminal court on Burundi.

    

6. There should be efforts to facilitate the integration of displaced people. Means to achieve this include support for the women's associations of Burundi and their initiatives for reconciliation.

D. For Rwanda

 

1. To guarantee respect for the rights of Rwandan citizens, including the right to life, the right to bodily security, and the rights of women:

   a) By restraining violence:

    

   • By strengthening the capabilities of local human rights organizations to monitor the State and its observance of commitments to respect international instruments.

      

   • Through support for refugee reintegration programs.

   b) By supporting the rebuilding of Rwanda's judiciary:

    

   • Above all, by guaranteeing that all people will have equitable access to the justice system and to proper and complete means of defence; all future progress toward national reconciliation will depend on this.

      

   • By requesting that countries (including Zaire, Tanzania, and Kenya) where people suspected of participating in the 1994 genocide have taken refuge bring them before the courts in accordance with the relevant provisions of the International Convention on Genocide or turn them over to the International Criminal Court on Rwanda or to Rwandan authorities.

      

   • By supporting the establishment of a program to protect witnesses on the national level and on the level of the International Criminal Court on Rwanda as well as a rehabilitation and compensation program for all genocide victims, including those of sexual crimes.

   c) By ensuring that property rights are respected:

    

   • Through the establishment of programs designed to provide accompaniment for refugees returning to Rwanda and to help them recover their property.

      

   • The Rwandan government should make changes in the country's inheritance legislation so that women will be entitled to inherit their husband's property, including his land.

      

   • By strengthening rights and measures related to the protection of children and youth.

   d) By working toward a negotiated settlement of political conflicts so as to better provide for long-term stability:

    

   • The government should recognize the right of all parties to full participation if they agree to compete in the political arena.

      

   • All parties in conflict should immediately enter into talks aimed at national reconciliation for all parties, including extremists of all tendencies.

    

2. To begin to make serious contacts with representatives of the Rwandan diaspora and to invite them to take part in the national reconstruction effort and to avoid ethnic divisiveness and armed violence.

    

3. Regarding civil society:

    

   • To ensure that the international humanitarian mission in Rwanda will also serve as a means of supporting civil society.

      

   • To strive to develop more openness on the part of institutions within both civil society and the State; and to make them more ethnically inclusive.

E. The specific role of the international community

 

1. Those intervening from outside the region (namely, multilateral organizations and institutions such as the UN, the OAU, governments, and volunteer NGOs) should do the following:

    

   • When they decide to intervene in the region, they should make a commitment to remain so that they can help to end any outbreaks of violence. When responsibilities are abandoned, violence becomes more strongly entrenched.

      

   • They should support NGOs in the region and attempt to strengthen the legitimacy of their roles and functions in the eyes of the regimes in power. They should also strengthen the capabilities of the local NGOs without encroaching upon the functions of the State.

      

   • They should ensure that involvement on the part of Western countries is better coordinated and more consistent.

      

   • They should support the creation of a permanent international criminal court.

    

2. States should do the following:

    

   • Contribute to building and enforcing a code of conduct concerning transition to democracy.

    

3. NGOs should do the following:

    

   • Mobilize existing political will within the international community so that major players can exert necessary pressure on the regimes in power so as to ensure peaceful settlements and transition to democracy.

      

   • Undertake action aimed at convincing their governments of the need to increase the amount of public development assistance granted to democratic institutions and associations in the region.

F. The Conference participants

In solidarity, the participants in the Conference have made the following commitment:

 

• To send a delegation to the region and to be of assistance in the search for a solution that will lead to a cease-fire and to the implementation of new structures designed to promote the rule of law.

   

• To send delegates from this Conference to meet as soon as possible with UN Secretary-General Annan and with the new special envoy for the region in order to inform them of the conclusions drawn from our work at the present Conference. Similar meetings will be requested with authorities in the United States, France, and Belgium.

The Conference participants recommend that the government of Canada:

 

• Place greater importance on and increase the frequency of consultations with the OAU in the framework of problems, issues, and conflicts in Africa.

   

• Provide efficient help to African human rights NGOs and civil society in the implementation of standards for democracy, good governance, and the principle of changeover in political power.

   

• Base decisions related to African policy not only on information from its own government sources but also on information from civil society and human rights NGOs.

Adopted in Montreal on January 22, 1997

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