Memorandum of Understanding between the Government of Uganda and the Government of Rwanda on the Formation of a Joint Verification and Investigation Committee

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Country/entity: Rwanda
Uganda
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding between the Government of Uganda and the Government of Rwanda on the Formation of a Joint Verification and Investigation Committee
Date: 6 Nov 2001
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Rwandan Civil War (1990 - 1994)
The origins between the ethnic tensions between the Tutsi and Hutus in Rwanda are found in the original waves of migration and later into the domination of the Kingdom of Rwanda formed by the Tutsi clans. The Kingdom of Rwanda became the framework used by the German colonials to exercise power. Although the economy was reformed following the transfer to Belgian rule after World War I, the Hutu majority remained disenfranchised. Socio-economic differences were further cemented in 1935, when the Belgians introduced identity cards with Hutu or Tutsi distinctions.

Relations deteriorated after World War Two when a Hutu elite formed, and in 1959, what began as attacks on Tutsi targets evolved into the Rwandan revolution. The Belgian colonials began a programme of promotion for Hutus and following elections in the mid-1960s, the Hutus took control of most constituencies. More than 336,000 Tutsis fled Rwanda during the revolution and a failed insurgency was launched in the late 1960s.

By the late 1980s, many former Tutsi refugees in Uganda had gained integral roles in the Ugandan National Army following the overthrow of Milton Obete by Yoweri Museveni. In 1990, a Tutsi faction within the Ugandan Army, the Rwandan Patriotic Front, led by Fred Rwigyema invaded Uganda. However, the RPF came in disarray following Rwigyema’s death on the second day of the attack. This led another Tutsi officer from the Ugandan Army, Paul Kagama, to step in. The troops were reassembled and another campaign was lauched in 1991. By 1992, the Arusha Accords were signed in Tanzania, providing for a power-sharing government. The war took a turn for the worst when on April 6, 1994, the plane of then-President Juvénal Habyarimana, a Hutu, was shot over Kigali killing everyone on board. The next day, the Rwandan Army, alongside civilians began killing Tutsi and moderate Hutu leaders, which marked the beginning of the 3-month long genocide of Tutsis in Rwanda, until the killing was ended in July 1994 when the RNF forced the interim government into exile. Approximately 2,000,000 Hutus also fled to the Democratic Republic of Congo, Burundi, Tanzania and Uganda.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: Rwanda-1990s international agreements
Parties: For and on behalf of the Government of the Republic of Uganda:
AMAMA MBABAZI
Minister of Defence

For and on behalf of the Government of the Republic of Rwanda:
ANDRE BUMAYA
Minister of Foreign Affairs and Regional Cooperation
Third parties: -
Description: This agreement made between the governments of Uganda and Rwanda set up a committee to verify and investigate allegations and carry out inspection(s) of area(s) where alleged acts of aggression or hostilities are taking place and make a report of its findings to be submitted the governments. It related to alleged Ugandan-based operations of the Rwandan Patriotic Front.

Agreement document: RW-UG_011106_MoURwandaUgandaOnJointVerificationCommittee.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 3, Article 4. Obligations:
...
4.8. In the enjoyment of these immunities and privileges, members of the Committee shall have the duty and obligation to respect the laws and regulations of the Parties to this Memorandum and shall refrain from any acts/activities incompatible with their mission.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Preamble:
...
- Cognizant of the Vienna Convention on Diplomatic Relations (1961) and related international instruments to which the Parties are signatories;
- Declaration of the Assembly of Heads of State and Government at its 29th Ordinary Session held in Cairo, Egypt, establishing within the Organization of African Unity (OAU) a Mechanism for Conflict Prevention, Management and Resolution
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, Article 6. Confidentiality:
6.1. Members of the Committee shall not disclose matters of the Committee to unauthorized persons and the media unless with express permission from appointing authorities.

Page 3, Article 4. Obligations:
...
(d) Inviolability of all their papers and documents and the right to receive documents or correspondence by mail or diplomatic bag;
Mobility/access: Page 2-3, Article 4. Obligations:
...
4.4. The Parties shall take necessary steps to facilitate members of the Committee without undue delay or hindrance of whatever form entry into, stay in and exit from their respective territories and areas without their territory but under their control.
4.5. The Parties shall grant members of the Committee freedom of movement and travel in their respective territories and areas without their territory but under their control in order to permit the effective execution of their mission.
4.6. The Parties shall guarantee members of the Committee unfettered access to any area(s) of interest in accordance with the mandate of the Committee.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2, Article 4. Obligations:
...
4.2. The Parties shall ensure security and protection of the members of the Committee in their respective States and territories outside the States but under their operational control.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1-2, Article 1. Composition:
1.1.1. The Parties shall immediately constitute or cause to be constituted a Committee whose composition, status and mandate shall be in accordance with Articles of this Memorandum.
1.2.1. The Committee shall comprise six officers from each of the Party's Armed Forces, namely, the Ugandan Peoples' Defence Forces (UPDF) and the Rwanda Patriotic Army (RPA). There shall be equal representation from either Party in the respective countries.
1.2.2. The Committee may, in the execution of its mandate, agreed on and/or require the presence and/or services, of any person(s) other than those mentioned in Article 1.2 above.
1.2.3. The Parties may withdraw and replace, at their instance, any member(s) of the Committee.

Page 2, Article 2. Mandate:
2.1. The mandate of the Committee shall include the following:
(a) To verify and investigate all allegations and carry out impromptu inspection(s) of area(s) within the territories of the Parties where alleged acts of aggression or hostilities including, but not limited to, alleged recruitment, training, reorganization, deployment and support to hostile elements are taking place and make a report of its finding.
(b) To verify and investigate all allegations and carry out impromptu inspection(s) of area(s) outside the territories of the Parties where alleged acts of aggression or hostilities including, but not limited to, alleged recruitment, training, reorganization, deployment and support to hostile elements are taking place in so far as the area(s) outside the territory is/are under the control of either Party to this Memorandum.

Page 2, Article 4. Obligations:
...
4.2. The Parties shall ensure security and protection of the members of the Committee in their respective States and territories outside the States but under their operational control.
Members of the Committee may carry personal weapons for personal safety provided that the said weapons are registered with the relevant authorities of the host Party.

Page 3, Article 4. Obligations:
...
4.7. The Parties shall grant the members of the Committee immunities as well as privileges in accordance with international law in the field of relations among States:
...
(b) Immunity against personal arrest or detention, official interrogation, inspection and search. The Parties shall treat the members of the Committee with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity;

Page 2, Article 4. Obligations:
...
4.4. The Parties shall take necessary steps to facilitate members of the Committee without undue delay or hindrance of whatever form entry into, stay in and exit from their respective territories and areas without their territory but under their control.

4.5. The Parties shall grant members of the Committee freedom of movement and travel in their respective territories and areas without their territory but under their control in
order to permit the effective execution of their mission.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://peacemaker.un.org/

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UGANDA AND THE GOVERNMENT OF THE

REPUBLIC OF RWANDA ON THE FORMATION OF A JOINT VERIFICATION AND INVESTIGATION COMMITTEE

Preamble

This Memorandum of Understanding (hereinafter referred to as the Memorandum) is made this sixth day of November 200 I between the Government of the Republic of Uganda and the Government of the Republic of Rwanda (both of whom collectively hereinafter referred

to as "the Parties").

Considering the accusations and counter-accusations of plans and intended acts of aggression against the sovereign state of the other;

and

Further considering the need for peaceful coexistence and harmony and an immediate end to the prevailing situation;

and

Cognizant of the Vienna Convention on Diplomatic Relations ( 1961) and related international instruments to which the Parties are signatories;

and

Taking note of the Declaration of the Assembly of Heads of State and Government at its 29th Ordinary Session held in Cairo, Egypt, establishing within the Organization of African Unity (OAU) a Mechanism for Conflict Prevention, Management and Resolution;

and

Desirous of achieving, maintaining and promoting peaceful coexistence and harmony between the Parties;

and

Pursuant to dialogue between the two Heads of States in Durban, South Africa, in which it was agreed that a Joint Verification and Investigation (hereinafter referred to as the Committee) be constituted by the Parties with the aim of achieving the preceding objectives;

lt is hereby agreed as follows:

Article 1.

Composition

1.1.1.

The Parties shall immediately constitute or cause to be constituted a Committee whose composition, status and mandate shall be in accordance with Articles of this Memorandum.

1.2.1.

The Committee shall comprise six officers from each of the Party's Armed Forces, namely, the Ugandan Peoples' Defence Forces (UPDF) and the Rwanda Patriotic Army (RPA).

There shall be equal representation from either Party in the respective countries.

1.2.2.

The Committee may, in the execution of its mandate, agreed on and/or require the presence and/or services, of any person(s) other than those mentioned in Article 1.2 above.

1.2.3.

The Parties may withdraw and replace, at their instance, any member(s) of the Committee.

Article 2.

Mandate

2.1. The mandate of the Committee shall include the following:

(a) To verify and investigate all allegations and carry out impromptu inspection(s) of area(s) within the territories of the Parties where alleged acts of aggression or hostilities including, but not limited to, alleged recruitment, training, reorganization, deployment and support to hostile elements are taking place and make a report of its finding.

(b) To verify and investigate all allegations and carry out impromptu inspection(s) of area(s) outside the territories of the Parties where alleged acts of aggression or hostilities including, but not limited to, alleged recruitment, training, reorganization, deployment and support to hostile elements are taking place in so far as the area(s) outside the territory is/are under the control of either Party to this Memorandum.

Article 3.

Mode of Operation

3.1. In the execution of its mandate, the Committee shall:

(a) Carry out impromptu on the spot inspection(s) or check(s);

(b) Conduct interviews;

(d) Use any other mode agreed upon by members of the Committee.

3.2. The operation of the Committee shall be carried out jointly.

3.3. The team shall be based in both countries.

Article 4.

Obligations

4.1. The Parties undertake to recognize the Committee so formed.

4.2. The Parties shall ensure security and protection of the members of the Committee in their respective States and territories outside the States but under their operational control.

Members of the Committee may carry personal weapons for personal safety provided that the said weapons are registered with the relevant authorities of the host Party.

4.3. The Parties shall take appropriate measures without undue delay or hindrance of whatever form to provide the necessary facilities to the Committee to enable it to attain the assigned mandate.

4.4. The Parties shall take necessary steps to facilitate members of the Committee without undue delay or hindrance of whatever form entry into, stay in and exit from their respective territories and areas without their territory but under their control.

4.5. The Parties shall grant members of the Committee freedom of movement and travel in their respective territories and areas without their territory but under their control in order to permit the effective execution of their mission.

4.6. The Parties shall guarantee members of the Committee unfettered access to any area(s) of interest in accordance with the mandate of the Committee.

4.7. The Parties shall grant the members of the Committee immunities as well as privileges in accordance with international law in the field of relations among States:

(a) Immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity;

such immunity to continue notwithstanding that the persons concerned have ceased to be members of the Committee;

(b) lmmunity against personal arrest or detention, official interrogation, inspection and search.

The Parties shall treat the members of the Committee with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity;

(c) Immunity from seizure of their personal and official baggage including any still and/or video recordings made in the execution of the Committee's mandate;

(d) lnviolability of all their papers and documents and the right to receive documents or correspondence by mail or diplomatic bag;

(e) The same immunities and privileges with regard to their personal belongings as those accorded to diplomatic personnel.

4.8. In the enjoyment of these immunities and privileges, members of the Committee shall have the duty and obligation to respect the laws and regulations of the Parties to this Memorandum and shall refrain from any acts/activities incompatible with their mission.

4.9. The immunities and privileges granted to members of the Committee under this Memorandum can, at the request of either Party, be waived due to acts/conduct incompatible with their mission.

4.10.

The Parties shall grant members of the Committee the right to wear their respective service uniforms and insignia within the areas defined in the mandate.

Article 5.

Reports

5 .1.

The reports of the Committee shall be immediately submitted to the respective appointing authorities.

The report shall be signed by the three Parties, however, in the event of one Party being unable to sign, signatures of two Parties will suffice.

Article 6.

Confidentiality

6.1. Members of the Committee shall not disclose matters of the Committee to unauthorized persons and the media unless with express permission from appointing authorities.

Article 7.

General Provisions

7 .1.

This Memorandum may be amended or revised with the consent of the Parties.

7.2. Any dispute between the Parties to this memorandum relating to the interpretation and application shall be resolved by the Parties through negotiations.

7.3. This Memorandum shall take effect upon signature by the Parties.

In witness whereof, the duly authorized Representative of the Parties have signed this Memorandum of Understanding at Lancaster House on the date first here mentioned.

For and on behalf of the Government of the Republic of Uganda:

AMAMA MBABAZT

Minister of Defence

For and on behalf of the Government of the Republic of Rwanda:

ANDRE BUMAYA

Minister of Foreign Affairs and Regional Cooperation