Peace Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front ('Arusha Agreement')

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Country/entity: Rwanda
Region: Africa (excl MENA)
Agreement name: Peace Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front ('Arusha Agreement')
Date: 4 Aug 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
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 - comprehensive
Conflict nature: Government
Peace process: Rwanda-RPF process
Parties: The Republic of Rwanda and the Rwandese Patriotic front
Third parties: Page 3, Untitled preamble, para 17
Have, at the conclusion of the Peace Talks held in Arusha, United Republic of Tanzania, between 10th July, 1992 and 24th June, 1993 as well as Kinihira, Republic of Rwanda from 19th to 25th July, 1993 under the aegis of the Facilitator, His Excellency Ali Hassan MWINY1, President of the United Republic of Tanzania, in the presence of the Representative of the Mediator, His Excellency, MOBUTU SESE SEKO, President of the Republic of Zaire as well as Representatives of the Current Chairmen of the OAU, His Excellency Abdou DIOUF, President of the Republic of Senegal, and Hosni MUBARAK, President of the Arab Republic of Egypt, the Secretary General of the OAU, Dr. Salim Ahmed SALIM, the Secretary General of the United Nations, Dr. Boutros Boutros GHAU and Observers representing the Federal Republic of Germany, Belgium, Burundi, the United States of America, France, Nigeria, Uganda and Zimbabwe;
Calling the International Community to witness;

Page 6-7, Article 10:
The present Peace Agreement is signed by the President of the Republic Rwanda and the Chairman of the Rwandese Patriotic Front, in the presence of:
- The Facilitator, His Excellency, Ali Hassan MWINYI, President of the United Republic of Tanzania,
- His Excellency, Yoweri Kaguta MUSEVENI, President of the Republic of Uganda; Observer country;
- His Excellency Melchior NDADAYE, President of of the Republic of Burundi, Observer country;
- The Representative of the Mediator, His Excellency Faustin BERINDWA, Prime Minister of Zaire;
- Dr. Salim Ahmed SALIM, Secretary General of the OAU;
- The Repesentative of the Secretary General of the United Nations;
- The Representative of the Current Chairman of the OAU;
- The Representatives of other Observer countries: Germany, Belgium United States of America, France, Nigeria and Zimbabwe;
- The delegations of the two parties.

Signatories:
In the presence of the Facilitator, Ali Hassan Mwinyi, President of the United Republic of Tanzania
In the presence of the Representative of the Secretary General of the United Nations, Mr Vladmir Petrovsky, Under-Secretary General, Director General of the United Nations Office at Geneva
In the presence of the Secretary General of the OAU, Dr Salim Ahmed Salim
Description: This is the main comprehensive peace agreement that re-states the commitment of different parties to previously signed protocols tackling different core issues, as well as framing the Agreement and the 1991 Constitution as the Fundamental Law. It also defines modalities in regards to the Transitional institutions (appointment of Prime Minister and time frame).

Agreement document: RW_930804_PeaceAgreementRwanda-RwandesePatrioticFront.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: Groups→Refugees/displaced persons→Rhetorical
Page 2, Untitled Preamble, Para 14
Recognizing that the unity of the Rwandese people cannot be achieved until definitive solution to the problem of Rwandese refugees is found and that the return of Rwandese refugees to their country is an inalienable right and constitutes a factor for peace and national unity and reconciliation;
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): Page 2, Untitled Preamble, Para 7
Reaffirming their unwavering determination to respect principles underlying the Rule of Law which include democracy, national unity, pluralism, the respect of fundamental freedoms and rights of the individual;
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): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 6, Article 6:
The two parties agree on the appointment of Mr. TWAGIRAMUNGU Faustin as Prime Minister of the Broad-Based Transitional Government, in accordance with Articles 6 and 51 of the Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing within the framework of a Broad-Based Transitional Government.

Page 6, Article 7:
The Transitional Institutions shall be set up within thirty seven (37) days following the signing of the Peace Agreement.

Page 6, Article 8:
The current Government shall remain in Office until the Broad-Based Transitional Government is established. The maintenance of that Government does not mean that it can encroach on the mandate of Broad-Based Transitional Government being established.
The current Government shall, in no case, take decisions which may detrimental to the implementation of the Broad-Based Transition programme.

Page 6, Article 9:
The "Conseil National de Developpment" (CND) shall remain in Office until the Transitional National Assembly is established. However, as from the date of signing the Peace Agreement, it shall not enact laws.
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: Governance→Constitution→Constitution affirmation/renewal
Page 4-5, Article 3:
The two parties also agree that the Constitution of 10th June, 1991 and the Arusha Peace Agreement shall constitute indissolubly the Fundamental Law that shall govern the Country during the Transition period, taking into account the following provisions:
1. The following articles of the Constitution shall be replaced by the
provisions of the Peace Agreement relating to the same matters. The Articles in question are: 34,35,38,39,40,41,42,43,44,45,46,47,48,49,50,51,52,54,55,56,57,58,59,60,63,65,66,67,68,70,71,73,74,75 paragraph 2,77 paragraphs 3 and 4,81,82,83,84,85, 86,87,88 paragaph 1, 90,96,99,101.
2. In case of conflict between the other provisions of the Constitution and those of the Peace Agreement, the provisions of the Peace Agreement shall prevail.
3. The Constitutional Court shall verify the conformity of Laws and Orders in Council with the Fundamental Law thus defined. Pending the enactment of the law on the Supreme Court, the existing Constitutional Court shall remain composed of both the Court of Cassation and the State of Council. The Presiding Judge of the Constitutional Court shall assume the presidency.

Page 5, Article 4:
In case of conflict between the provisions of the Fundamental Law and those of other Laws and Regulations, the provisions of the Fundamental Law shall prevail.
Governance→Constitution→Constitutional reform/making
See reform elements above.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2, Untitled Preamble, Para 10
Considering that the two parties accepted the principle of power-sharing within the framework of a Broad-Based Transitional Government;
Power sharing→Political power sharing→Executive coalition
State level
Page 6, Article 6:
The two parties agree on the appointment of Mr. TWAGIRAMUNGU Faustin as Prime Minister of the Broad-Based Transitional Government, in accordance with Articles 6 and 51 of the Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing within the framework of a Broad-Based Transitional Government.
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 2, Untitled Preamble:
Reaffirming their unwavering determination to respect principles underlying the Rule of Law which include democracy, national unity, pluralism, the respect of fundamental freedoms and rights of the individual;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, Untitled Preamble:
Reaffirming their unwavering determination to respect principles underlying the Rule of Law which include democracy, national unity, pluralism, the respect of fundamental freedoms and rights of the individual;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
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: Page 4-5, Article 3:
The two parties also agree that the Constitution of 10th June, 1991 and the Arusha Peace Agreement shall constitute indissolubly the Fundamental Law that shall govern the Country during the Transition period, taking into account the following provisions:
[…]
3. The Constitutional Court shall verify the conformity of Laws and Orders in Council with the Fundamental Law thus defined. Pending the enactment of the law on the Supreme Court, the existing Constitutional Court shall remain composed of both the Court of Cassation and the State of Council. The Presiding Judge of the Constitutional Court shall assume the presidency.
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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, Untitled Preamble, Para 12
Considering that the conflictual situation between the two parties can only brought to an end through the formation of one and single National Army and new National Gendarmerie from forces of the two warring parties;
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: Page 2, Untitled Preamble, Para 14
Recognizing that the unity of the Rwandese people cannot be achieved until definitive solution to the problem of Rwandese refugees is found and that the return of Rwandese refugees to their country is an inalienable right and constitutes a factor for peace and national unity and reconciliation;

Page 5, Article 5:
The Government of the Republic of Rwanda and the Rwandese Patriotic Front undertake to make every possible effort to ensure that the present Peace Agreement is respected and implemented.
They further undertake to spare no effort to promote National Unity an Reconciliation.

Implementation

UN signatory: In the presence of the Representative of the Secretary General of the United Nations, Mr Vladmir Petrovsky, Under-Secretary General, Director General of the United Nations Office at Geneva
Other international signatory: In the presence of the Facilitator, Ali Hassan Mwinyi, President of the United Republic of Tanzania
In the presence of the Secretary General of the OAU, Dr Salim Ahmed Salim
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/

Peace Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front The Government of the Republic of Rwanda on the one hand, and the Rwandese Patriotic Front on the other;

Firmly resolved to find a political negotiated solution to the war situation confronting the Rwandese people since 1st October, 1990;

Considering and appreciating the efforts deployed by the countries of the Sub-region with a view to helping the Rwandese people to recover peace;

Referring to the numerous high-level meetings held respectively at Mwanza, United Republic of Tanzania, on 17th October, 1990, in Gbadolite, Republic Zaire, on 26th October, 1990, in Goma, Republic of Zaire, on 20th November, 1990, in Zanzibar, United Republic of Tanzania, on 17th February, 1991, in Dar-es-Salaam, United Republic of Tanzania, on 19th February, 1991 and from 5th to 7th March, 1993;

Considering that all these meetings aimed first and foremost at establishing a ceasefire so as to enable the two parties to look for a solution to the war through direct negotiations;

Noting the N’SELE Ceasefire Agreement, of 29th March, 1991 as amended in GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992;

Reaffirming their unwavering determination to respect principles underlying the Rule of Law which include democracy, national unity, pluralism, the respect of fundamental freedoms and rights of the individual;

Considering that these principles constitute the basis and consistency of a lasting peace awaited by the Rwandese people for the benefit of the present and future generations;

Noting the Protocol of Agreement on the Rule of Law signed at Arusha on 18th August, 1992;

Considering that the two parties accepted the principle of power-sharing within the framework of a BroadBased Transitional Government;

Noting the Protocols of Agreement on Power-Sharing signed at ARUSHA respectively on 30th October, 1992, and on 9th January, 1993;

Considering that the conflictual situation between the two parties can only be brought to an end through the formation of one and single National Army and a new National Gendarmerie from forces of the two warring parties;

Noting of the Protocol of Agreement on the integration of Armed Forces of both Parties, signed at Arusha on 3rd August, 1993;

Recognizing that the unity of the Rwandese people cannot be achieved until a definitive solution to the problem of Rwandese refugees is found and that the return of Rwandese refugees to their country is an inalienable right and constitutes a factor for peace and national unity and reconciliation;

Noting the Protocol of Agreement on the repatriation of Rwandese refugees and the Resettlement of Displaced Persons, signed at ARUSHA on 9th June, 1993;

Resolved to eradicate and put a definite end to all the root causes which gave rise to the war;

Have, at the conclusion of the Peace Talks held in Arusha, United Republic of Tanzania, between 10th July, 1992 and 24th June, 1993 as well as Kinihira, Republic of Rwanda from 19th to 25th July, 1993 under the aegis of the Facilitator, His Excellency Ali Hassan MWINYI, President of the United Republic of Tanzania, in the presence of the Representative of the Mediator, His Excellency, MOBUTU SESE SEKO, President of the Republic of Zaire as well as Representatives of the Current Chairmen of the OAU, His Excellency Abdou DIOUF, President of the Republic of Senegal, and Hosni MUBARAK, President of the Arab Republic of Egypt, the Secretary General of the OAU, Dr. Salim Ahmed SALIM, the Secretary General of the United Nations, Dr. Boutros Boutros GHALI and Observers representing Federal Republic of Germany, Belgium, Burundi, the United States of America, France, Nigeria, Uganda and Zimbabwe;

Calling the International Community to witness;

Hereby agree on the following provisions:

Article 1 The war between the Government of the Republic of Rwanda and the Rwandese Patriotic Front is hereby brought to an end.

Article 2 The following documents are an integral part of the present Peace Agreement concluded between the Government of the Republic of Rwanda and the Rwandese Patriotic Front:

I. The N’SELE Ceasefire Agreement of 29th March, 1991 between the Government of the Republic of Rwanda and the Rwandese Patriotic Front, as amended in GBADOLITE on 16th September, 1991 and at Arusha on 12th July, 1992;

II.

The Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Rule of Law, signed at Arusha on 18th September, 1992;

III.

The Protocols of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing within the Framework of a Broad-Based Transitional Government, signed at Arusha respectively on 30th October, 1992 and on 9th January, 1993;

IV.

The Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Repatriation of Refugees and the Resettlement of Displaced Persons, signed at Arusha on 9th June, 1993;

V. The Protocol Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the integration of Armed Forces of the two parties, signed at ARUSHA on, 3rd August, 1993;

VI.

The Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Miscellaneous Issues and Final Provisions signed at Arusha on 3rd August, 1993.

These entire documents are attached as Annex.

Article 3 The two parties also agree that the Constitution of 10th June, 1991 and the Arusha Peace Agreement shall constitute indissolubly the Fundamental Law that shall govern the Country during the Transition period, taking into account the following provisions:

The following Articles of the Constitution shall be replaced by the provisions of the Peace Agreement relating to the same matters.

The Articles in question are:

34, 35, 38, 39, 40, 41, 42, 4,3, 44, 45, 46, 47, 48, 49, .50, 51, 52, ,54, 55, .56, 57, 58, 59, 60, 63, 65, 66, 67, 68, 70, 71, 73, 74, 75 paragraph 2, 77 paragraphs 3 and 4, 81, 82, 83, 84, 85, 86, 87, 88 paragraph 1, 90, 96, 99, 101.

In case of conflict between the other provisions of the Constitution and those of the Peace Agreement, the provisions of the Peace Agreement shall prevail.

The Constitutional Court shall verify the conformity of Laws and Orders in Council with the Fundamental Law thus defined.

Pending the enactment of the law on the Supreme Court, the existing Constitutional Court shall remain composed of both the Court of Cassation and the State of Council.

The Presiding Judge of the Constitutional Court shall assume the presidency.

Article 4 In case of conflict between the provisions of the Fundamental Law and those of other Laws and Regulations, the provisions of the Fundamental Law shall prevail.

Article 5 The Government of the Republic of Rwanda and the Rwandese Patriotic Front undertake to make every possible effort to ensure that the present Peace Agreement is respected and implemented.

They further undertake to spare no effort to promote National Unity and Reconciliation.

Article 6 The two parties agree on the appointment of Mr. TWAGIRAMUNGU Faustin as Prime Minister of the BroadBased Transitional Government, in accordance with Articles 6 and 51 of the Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing within the framework of a Broad-Based Transitional Government.

Article 7 The Transitional Institutions shall be set up within thirty seven (37) days following the signing of the Peace Agreement.

Article 8 The current Government shall remain in Office until the Broad-Based Transitional Government is established.

The maintenance of that Government does not mean that it can encroach on the mandate of the Broad-Based Transitional Government being established.

The current Government shall, in no case, take decisions which may be detrimental to the implementation of the Broad-Based Transitional programme.

Article 9 The “Conseil National de développement” (CND) shall remain in Office until the Transitional National Assembly is established.

However, as from date of signing the Peace Agreement, it shall not enact laws.

Article 10 The present Peace Agreement is signed by the President of the Republic Rwanda and the Chairman of the Rwandese Patriotic Front, in the presence of:

- The Facilitator, His Excellency, Ali Hassan MWINYI, President of the United Republic of Tanzania;

- His Excellency, Yoweri Kaguta MUSEVENI, President of the Republic of Uganda, Observer country;

- His Excellency Melchior NDADAYE, President of the Republic of Burundi, Observer country;

- The Representative of the Mediator, His Excellency Faustin BIRINDWA, Prime Minister of Zaire;

- Dr. Salim Ahmed SALIM, Secretary General of the OAU;

- The Representative of the Secretary General of the United Nations;

- The Representative of the Current Chairman of the OAU;

- The Representatives of other Observer countries:

Germany, United States of America, France, Nigeria and Zimbabwe;

- The delegations of the two parties.

Article 11 The present Peace Agreement shall come into force upon its signing by parties.

Done at Arusha, on the 4th day of the month of August, 1993 both in and English languages, the original text being in French.

Major-General Justenal Habyarimana President of the Republic of Rwanda Colonel Alexis Kanyarengwe Chairman of the Rwandese Patriotic Front In the presence of the Facilitator Ali Hassan Mwinyi President of the United Republic of Tanzania In the presence of the Representative of the Secretary General of the United Nations Vladimir Petrovsky Under-Secretary General Director General of the United Nations Office at Geneva In the presence of the Secretary General of the OAU Salim Ahmed Salim.