Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Repatriation of Rwandese Refugees and the Resettlement of Displaced Persons

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Country/entity: Rwanda
Region: Africa (excl MENA)
Agreement name: Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on the Repatriation of Rwandese Refugees and the Resettlement of Displaced Persons
Date: 9 Jun 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 - partial
Conflict nature: Government
Peace process: Rwanda-RPF process
Parties: Government of Rwanda, Rwandese Patriotic Front.
Third parties: In the presence of the Representative of the Facilitator (United Republic of Tanzania): Ami R. MPUNGWE, Ambassador, Ministry of Foreign Affairs and International Co-operation
In the presence of the Representative of the Current Chairman of the OAU: Papa Louis Fall, Ambassador of Senegal to Ethiopia and Tanzania current and Representative to the OAU
In the presence of the Representative of OAU Secretary General: Dr. M.T. Mapuranga, Assistant Secretary General for Political Affairs
Description: This agreement outlines the basic principles and modalities for (I) Repatriation of Rwandese Refugees, (II) return of persons displaced by war and social strifes and their modalities.

Agreement document: RW_930609_ProtocolOnRepatriationAndResettlement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 19:
The repatriation programme shall also include the supply of medicines and various equipment for the existing or newly established Health Centres.
Vulnerable groups,, i.e. women, children, the aged people and the handicapped shall be specifically taken care of.
Groups→Children/youth→Substantive
Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 20:
A programme of assistance for children admitted in the educational system shall be established and tailored in such a way as to cater for school fees, funds for the purchase of uniforms and school equipment for two academic years.

Page 9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 29:
The programme for the reintegration of returnees shall provide additional school facilities, by expanding existing schools or creating new infrastructures to accommodate the returnee children already at school or of school age.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 38:
The socio-economic services established before the outbreak of war, especially in the educational, health, justice, youth, trade, agricultural and animal husbandry sectors at the level of administration entities in the war zones shall resume their activities.
Disabled persons: Groups→Disabled persons→Rhetorical
Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 19:
The repatriation programme shall also include the supply of medicines and various equipment for the existing or newly established Health Centres.
Vulnerable groups, i.e. women, children, the aged people and the handicapped shall be specifically taken care of.
Elderly/age: Groups→Elderly/age→Rhetorical
Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 19:
The repatriation programme shall also include the supply of medicines and various equipment for the existing or newly established Health Centres.
Vulnerable groups, i.e. women, children, the aged people and the handicapped shall be specifically taken care of.
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→Substantive
Summary: The whole agreement provides for the repatriation of refugees and return of persons displaced by war and social strife and their modalities.
Social class: No specific mention.

Gender

Women, girls and gender: Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 19:
The repatriation programme shall also include the supply of medicines and various equipment for the existing or newly established Health Centres.
Vulnerable groups, i.e. women, children, the aged people and the handicapped shall be specifically taken care of.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 1:
The return of Rwandese refugees to their country is an inalienable right and constitutes a factor of peace, national unity, and reconciliation.

Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 7:
The principle of dual citizenship is hereby accepted. The laws governing the Rwandese citizenship shall be reviewed accordingly.
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 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Preparatory Measures, Article 36:
The organized return of persons displaced as a result of war and social strife shall be done after the following preparatory measures have been taken:
[…]
Establishment of the Broad-Based Transitional Government.

Page 14, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 4 Timetable and Modalities for return, Article 44:
As soon as the preparatory measures spelled out in Article 36 of the present Protocol are put in place, the Broad-Based Transitional Government shall issue directives for the return of displaced persons.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 11, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 6: Implementation of the Overall Programme of Repatriation, Article 32:
The implementation, at the political and administrative level, of the Repatriation Programme shall be supervised by the Secretariat of Stale for Rehabilitation and Social Integration.
For the technical implementation of the various components of the Repatriation Programme, the Government of Rwanda and the UNHCR shall preferably resort to those NGOs with an established reliability, taking also their respective specialization into account. As such, one or several NGO's shall undertake site development activities, building activities, and the distribution of food aid.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 3 Humanitarian Assistance, Article 42:
Humanitarian Aid shall be distributed by the Secretariat of State for Rehabilitation and Social Integration, assisted by the Humanitarian Agencies.
Traditional/religious leaders: No specific mention.
Public administration: Page 7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 22:
Returnees may benefit from opportunities availed by the Development Projects designed for the enhancement of employment in the public and private sectors, in the same conditions as residents.

Page 8, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation;
Sub-Section 5: Integration Modalities, Article 25:
Lack of knowledge of Kinyarwanda or French shall not constitute an obstacle to employment and discharge of duties within the public sector.
During the first three years of service, with effect from the date of appointment, the returnees shall use those languages they are most familiar with, and shall take intensive French or Kinyarwanda courses. At the end of that period, consideration of this facility shall be re-examined in order to determine whether it would be maintained or not.
To that effect, a programme of linguistic support as well as translation and interpretation services shall be organized, according to the needs, soon after the establishment of the Broad-Based Transitional Government, using funds provided for in the Plan of Action for returnees or any other funds.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Administration and Security in the War Zone, Article 37:
The administration entities established before the outbreak of war shall be reconstituted.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Administration and Security in the War Zone, Article 39:
The Broad-Based Transitionai Government shall determine mechanisms of appointing local authorities in these zones.
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: No specific mention.
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: Rights related issues→Citizenship→Citizens, specific rights
Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 7:
The principle of dual citizenship is hereby accepted. The laws governing the Rwandese citizenship shall be reviewed accordingly.
Rights related issues→Citizenship→Citizen delimitation
Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 7:
The principle of dual citizenship is hereby accepted. The laws governing the Rwandese citizenship shall be reviewed accordingly.

Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 2: The Beneficiaries of the Programme for the Return and Repatriation, Article 8:
The Programme for the Return and the Repatriation shall be designed solely for Rwandese Refugees.
Shall qualify as a Rwandese refugee:
1. Anyone in possesion of documents issued by the Office of the United Nations High Commissioner for Refugees (UNHCR), testifying that the bearer is a Rwandese refugee;
2. Any Rwandese national who declares himself to be a Rwandese refugee, but who is not registered with the Office of the UNHCR.

Page 12, Chapter I: Repatriation of Rwandese Refugees, Section 2: OTHER REPATRIATION SOLUTION: SETTLEMENT IN THE HOST COUNTRY, Article 35:
The Broad-Based Transitional Government shall take and implement measures, including through bilateral agreements, for the protection of the Rwandese nationals who shall have opted to settle in the host countries as immigrants.
Those immigrants shall fully enjoy the same rights as all other Rwandese citizens.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 3-4, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 3: Repatriation Procedures, Article 10:
The Commission shall have, as a general mandate, to finalize and to implement a programme for the repatriation and reintegration of returnees.
...
5. Make travel arrangements for all returnees, where necessary, and arrangements for the transport of their property;

Page 9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 28:
Article 28: The Commission for Repatriation shall develop settlement sites. The sites shall be provided with basic socio-economic infrastructures such as schools, Health Centres, water, access roads, etc.

Page 13-14, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 3 Humanitarian Assistance, Article 43:
The humanitarian aid shall consist of:
...
7. Transport to their places of domicile for those who cannot afford it,
Protection measures: Rights related issues→Protection measures→Protection of civilians
Page 12, Chapter I: Repatriation of Rwandese Refugees, Section 2: OTHER REPATRIATION SOLUTION: SETTLEMENT IN THE HOST COUNTRY, Article 35:
The Broad-Based Transitional Government shall take and implement measures, including through bilateral agreements, for the protection of the Rwandese nationals who shall have opted to settle in the host countries as immigrants.
Those immigrants shall fully enjoy the same rights as all other Rwandese citizens.
Rights related issues→Protection measures→Other
Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 3:
For purposes of settling returnees, the Rwandese Government shall make lands available, upon their identification by the "Commission for Repatriation" so long as they are not currently occupied by individuals. The Commission shall be at liberty to explore and choose, without any restriction, resettlement sites throughout the national territory.
The selection of sites, their occupation and farming shall take due consideration of the protection of endangered animal species, especially the mountain gorilla.
Depending on the protection requirements and the planned farming development activities, the transfer of those species into compatible ecosystems is recommended.
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 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 38:
The socio-economic services established before the outbreak of war, especially in the educational, health, justice, youth, trade, agricultural and animal husbandry sectors at the level of administration entities in the war zones shall resume their activities.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 6:
The repatriation process must mesh with the economic changes underway in the country.

Page 3-4, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 3: Repatriation Procedures, Article 10:
The Commission shall have, as a general mandate, to finalize and to implement a programme for the repatriation and reintegration of returnees.
The concrete missions of the Commission shall be as follows:
1. Conduct a socio-economic survey of refugees;
2. Organize a pre-repatriation census and registration of returnees;
3. Conduct an information and sensitization campaign both to the refugee community and the population within the country;
4. Identify settlement sites, supervise the distribution of plots and establishment of basic infrastructures such as Reception Centres, Health Centres, Educational Centres, etc.;
5. Make travel arrangements for all returnees, where necessary, and arrangements for the transport of their property;
6. Supervise all kinds of assistance for the returnees, such as food aid, farming tools, building materials, domestic items, seeds, etc.
That Commission may set up Committees, where necessary, for the execution of some of its missions.

Page 5, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation,
Sub-section 4: Assistance, Article 12:
The repatriation funding programme shall provide for provisional accommodation centres on the settlement sites in rural or in urban areas, in existing or those to be built, on condition that the latter are built for ultimate use.
Returnees at that time shall be fully taken care of, including an initial free medical check-up.

Page 5, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 13:
Returnees shall provisionally be accommodated in shelters built on plots allocated to them, but they shall rapidly be given a set of building materials to enable them to build their own houses and design them in accordance with model development schemes drawn up by the Commission for Repatriation.

Page 5, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 14:
Upon their arrival in the country, repatriates shall each be paid a small amount of money to enable them to meet vital needs not catered for by the aid programme.

Page 5-6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 15:
With the assistance of the International Community, the Rwandese Government shall provide assistance to the returnees, in the following areas:
1. food aid;
2. domestic items;
3. farming tools;
4. building materials;
5. health;
6. education.
The same assistance shall equally be provided to those returnees who may go back to their places of origin.

Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 16:
Food aid shall be provided for a period of at least 15 months, after which conditions for the continued supply of that aid shall be reviewed.

Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 17:
Each family of returnees shall be provided with basic items such as kitchen utensils and bed and beddings.

Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 18:
The programme for the settlement of returnees shall also avail a set of farming tools and seeds, preferably selected to meet the soil and climate requirements in the area. In so doing, it shall enable the repatriated farmers to undertake farming activities as soon as possible.

Page 6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 19:
The repatriation programme shall also include the supply of medicines and various equipment for the existing or newly established Health Centres.
Vulnerable groups, i.e. women, children, the aged people and the handicapped shall be specifically taken care of.

Page 6-7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 21:
The returnees who shall take up activities other than farming, but are not able to take care of themselves, shall each benefit from some of the assistance programmes mentioned above especially:
1. Accommodation and food aid for a period of 6 months;
2. basic items such as kitchen utensils, bed and beddings.
The Rwandese Government shall establish, through the Ministry of Labour and Social Affairs and the Secretariat of State for Rehabilitation and Social Integration, mechanisms for the orientation and follow-up of job seekers.

Page 7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 22:
Returnees may benefit from opportunities availed by the Development Projects designed for the enhancement of employment in the public and private sectors, in the same conditions as residents.

Page 7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 23:
The Rwandese Government shall undertake negotiations with international funding institutions, within the framework of the Structural Adjustment Programme (SAP), so that the absorption capacities of the Public Sector could be enhanced.
There are certain sectors, however, which already hold out employment opportunities, such as Education, Health and the Judiciary.

Page 7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 24:
Returnees who have contributed to the Social Security in Rwanda may claim their dues, either for themselves or their beneficiaries.
As for those who have been contributing to the Social Security abroad, the Rwandese Government shall negotiate with the countries concerned so as to arrange/for the compensation or transfer of their dues.

Page 8-9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 27:
The access to employment opportunities in the Private Sector and the establishment of new enterprises in the country have been liberalized within the framework of the Structure Adjustment Programme (SAP). They shall be open to returnees without any preconditions, and under the same conditions as residents.
Government role in that field will be to reactivate support to existing firms, promote new investments and simplify formalities required to get started in the Private Sector. The Plan of Action shall also include a Guarantee Security Fund, so as to facilitate access to loans by returnees.

Page 9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 28:
The Commission for Repatriation shall develop settlement sites. The sites shall be provided with basic socio-economic infrastructures such as schools, Health Centres, water, access roads, etc.
The Housing scheme in these areas shall be modelled on the "village" grouped type of settlement to encourage the establishment of development centres in the rural area and break with the traditional scattered housing.

Page 9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 29:
The programme for the reintegration of returnees shall provide additional school facilities, by expanding existing schools or creating new infrastructures to accommodate the returnee children already at school or of school age.

Page 9-10, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 30:
For purposes of ensuring a smooth integration into the educational system in the country, and avoiding that students interrupt their studies and suffer adverse effects, a number of measures shall be taken:
1.During the first year, education should be provided in the language used in the country of asylum.
2. Within the first three months, intensive French courses should be organised for teachers and students,
especially for students in the senior level of primary school and for students in secondary schools and
institutions of higher learning, from the anglophone countries.
3. Some of the aspects of adaptation may be catered for in the private educational system.
4. The Plan of Action for Rwandese refugees shall take in charge students in their last two years of the primary, secondary schools and institutions of higher learning who may wish to stay behind and complete their studies in the host countries, if the educational systems in which they were studying are not available in Rwanda. Their certificates shall be recognized in accordance with the UNESCO system of equivalence of diplomas, certificates, etc.
However, special attention shall be given to the writing and reading of Kinyarwanda through additional remedial lessons, to enable new pupils and any other who might experience similar difficulties to catch up with those who are more conversant with the language.

Page 11, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 6: Implementation of the Overall Programme of Repatriation, Article 32:
The implementation, at the political and administrative level, of the Repatriation Programme shall be supervised by the Secretariat of Stale for Rehabilitation and Social Integration.
For the technical implementation of the various components of the Repatriation Programme, the Government of Rwanda and the UNHCR shall preferably resort to those NGOs with an established reliability, taking also their respective specialization into account. As such, one or several NGO's shall undertake site development activities, building activities, and the distribution of food aid.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Preparatory Measures, Article 36:
The organized return of persons displaced as a result of war and social strife shall be done after the following preparatory measures have been taken:
[…]
5.Planning and provision of humanitarian assistance in essential services.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 38:
The socio-economic services established before the outbreak of war, especially in the educational, health, justice, youth, trade, agricultural and animal husbandry sectors at the level of administration entities in the war zones shall resume their activities.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 3 Humanitarian Assistance, Article 42:
Humanitarian Aid shall be distributed by the Secretariat of State for Rehabilitation and Social Integration, assisted by the Humanitarian Agencies.

Page 13-14, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 3 Humanitarian Assistance, Article 43:
The humanitarian aid shall consist of:
1. Food aid;
2. Domestic items;
3. Farming tools;
4. Building materials;
5. Health care and Medicines;
6. Education (School equipment, uniforms, school fees for a period of two years);
7. Transport to their places of domicile for those who cannot afford it,
8. Labour costs for the construction of houses;
9. Seeds;
10. Establishment of temporary shelters.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 5-6, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 4: Assistance, Article 15:
With the assistance of the International Community, the Rwandese Government shall provide assistance to the returnees, in the following areas:
1. food aid;
2. domestic items;
3. farming tools;
4. building materials;
5. health;
6. education.
The same assistance shall equally be provided to those returnees who may go back to their places of origin.

Page 7, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 23:
The Rwandese Government shall undertake negotiations with international funding institutions, within the framework of the Structural Adjustment Programme (SAP), so that the absorption capacities of the Public Sector could be enhanced.
There are certain sectors, however, which already hold out employment opportunities, such as Education, Health and the Judiciary.

Page 10, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 6: Implementation of the Overall Programme of Repatriation, Article 31:
In accordance with the mandate entrusted to them by the Dar es Salaam Summit of 19th February, 1991, the UNHCR and the OAU shall organize, within six (6) months after the establishment of the Broad-Based Transitional Government, a Donors's Conference for the financing of projects earmarked in the Plan of Action for the Rwandese refugees.
In addition to other internal sources of funding, the Rwandese Government shall also rely on bilateral cooperation to support the Repatriation Programme.

Page 11, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-section 6: Implementation of the Overall Programme of Repatriation, Article 32:
The implementation, at the political and administrative level, of the Repatriation Programme shall be supervised by the Secretariat of Stale for Rehabilitation and Social Integration.
For the technical implementation of the various components of the Repatriation Programme, the Government of Rwanda and the UNHCR shall preferably resort to those NGOs with an established reliability, taking also their respective specialization into account. As such, one or several NGO's shall undertake site development activities, building activities, and the distribution of food aid.

Page 11-12, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 7: Timetable for Repatriation, Article 34:
With respect to repatriation in groups, the following programme of sequence is envisaged:
1. Within six (6) months after the establishment of the Broad-Based Transitional Government, the UNHCR and the OAU shall organize a Donors' Conference on the financing of the Repatriation Programme.
2. Within six (6) months after the establishment of the Broad-Based Transitional Government, tripartite agreements between Rwanda, the UNHCR and individual countries in the Region, and the UNHCR shall have been concluded on issues pertaining to the repatriation of refugees.
3. Within Six (6) months after its establishment, the Broad-Based Transitional Government shall undertake operations for the preparation of settlement sites.
4. Within nine (9) months following the establishment of that Government, the repatriation of the first batch of returnees may begin.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 3 Humanitarian Assistance, Article 42:
Humanitarian Aid shall be distributed by the Secretariat of State for Rehabilitation and Social Integration, assisted by the Humanitarian Agencies.
Business: Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 38:
The socio-economic services established before the outbreak of war, especially in the educational, health, justice, youth, trade, agricultural and animal husbandry sectors at the level of administration entities in the war zones shall resume their activities.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 3:
For purposes of settling returnees, the Rwandese Government shall make lands available, upon their identification by the "Commission for Repatriation" so long as they are not currently occupied by individuals. The Commission shall be at liberty to explore and choose, without any restriction, resettlement sites throughout the national territory.
The selection of sites, their occupation and farming shall take due consideration of the protection of endangered animal species, especially the mountain gorilla.
Depending on the protection requirements and the planned farming development activities, the transfer of those species into compatible ecosystems is recommended.

Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 4:
The right to property is a fundamental right for all the people of Rwanda. All refugees shall therefore have the right to repossess their property on return.
The two parties recommend, however, that in order to promote social harmony and national reconciliation, refugees who left the country more than 10 years ago should not reclaim their properties,which might have been occupied by other people. The Government shall compensate them by putting land at their disposal and shall help them to resettle.
As for estates which have been occupied by the Government, the returnee shall have the right for an equitable compensation by the Government.

Page 3-4, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 3: Repatriation Procedures, Article 11:
For border crossings, a list of items subject to an export ban in the country of asylum and to an import ban in Rwanda shall be communicated in advance to refugees opting for repatriation.
Property and assets of returnees shall be exempted from all import duties and taxes, except for commercial goods.
The exchange regulations shall be communicated to returnees and facilitated by the appropriate authorities.
Customs formalities shall also be specified by the country of asylum and by Rwanda.
The Secretariat of State for Rehabilitation and Social Integration, in coordination with Immigration and Emigration Services, shall provide facilities at border posts and at the International airport, for the reception of returnees who shall have opted to go back home with their own means.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 3:
For purposes of settling returnees, the Rwandese Government shall make lands available, upon their identification by the "Commission for Repatriation" so long as they are not currently occupied by individuals. The Commission shall be at liberty to explore and choose, without any restriction, resettlement sites throughout the national territory. The selection of sites, their occupation and farming shall take due consideration of the protection of endangered animal species, especially the mountain gorilla.
Depending on the protection requirements and the planned farming development activities, the transfer of those species into compatible ecosystems is recommended.
Water or riparian rights or access: Page 9, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 5: Integration Modalities, Article 28:
Article 28: The Commission for Repatriation shall develop settlement sites. The sites shall be provided with basic socio-economic infrastructures such as schools, Health Centres, water, access roads, etc.ci

Security sector

Security Guarantees: Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 41:
Security shall be ensured by the local police to be provided with adequate means and assisted, where necessary, by the National Gendarmerie.
Ceasefire: Security sector→Ceasefire→General commitments
Page 12, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Preparatory Measures, Article 36:
The organized return of persons displaced as a result of war and social strife shall be done after the following preparatory measures have been taken:
[…]
2.Disengagement of Forces in the war zones.
...
4. Clearance of mines in the war zones.
Police: Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 41:
Security shall be ensured by the local police to be provided with adequate means and assisted, where necessary, by the National Gendarmerie.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 40:
The clearance of mines in the zones shall be conducted by the International Neutral Force, in collaboration with the Army Command High Council.
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 1, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 1:
The return of Rwandese refugees to their country is an inalienable right and constitutes a factor of peace, national unity, and reconciliation.

Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 4:
The right to property is a fundamental right for all the people of Rwanda. All refugees shall therefore have the right to repossess their property on return.
The two parties recommend, however, that in order to promote social harmony and national reconciliation, refugees who left the country more than 10 years ago should not reclaim their properties,which might have been occupied by other people. The Government shall compensate them by putting land at their disposal and shall help them to resettle.
As for estates which have been occupied by the Government, the returnee shall have the right for an equitable compensation by the Government.

Page 2, Chapter I: Repatriation of Rwandese Refugees, Section 1: Voluntary Return and Repatriation, Sub-Section 1: Basic Principles, Article 5:
The repatriation exercise shall aim at achieving a harmonious and definitive integration.

Implementation

UN signatory: No specific mention.
Other international signatory: In the presence of the Representative of the Facilitator (United Republic of Tanzania):
Ami R. MPUNGWE, Ambassador, Ministry of Foreign Affairs and International Co-operation
In the presence of the Representative of the Current Chairman of the OAU: Papa Louis Fall, Ambassador of Senegal to Ethiopia and Tanzania current and Representative to the OAU
In the presence of the Representative of OAU Secretary General: Dr. M.T. Mapuranga, Assistant Secretary General for Political Affairs
Referendum for agreement: No specific mention.
International mission/force/similar: Page 12, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 1 Preparatory Measures, Article 36:
The organized return of persons displaced as a result of war and social strife shall be done after the following preparatory measures have been taken:
1. Deployment of the International Neutral Force.

Page 13, Chapter II: Return of Persons Displaced by War and Social Strifes, Section 2 Administration and Security in the War Zone, Article 40:
The clearance of mines in the zones shall be conducted by the International Neutral Force, in collaboration with the Army Command High Council.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://peacemaker.un.org/

Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic

Front on the Repatriation of Rwandese Refugees and the Resettlement of Displaced Persons

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

Agree on the following provisions on the repatriation of Rwandese refugees and the resettlement of displaced

persons.

Chapter I:

Repatriation of Rwandese Refugees

Section 1:

Voluntary Return and Repatriation

Sub-Section 1:

Basic Principles

Article 1

The return of Rwandese refugees to their country is an inalienable right and constitutes a factor of peace,

national unity, and reconciliation.

Article 2

The return is an act of free will on the part of each refugee.

Any Rwandese refugee who wants to go back to his

country will do so without any precondition whatsoever.

Each person who returns shall be free to settle down in any place of their choice inside the country, so long as

they do not encroach upon the rights of other people.

Article 3

For purposes of settling returnees, the Rwandese Government shall make lands available, upon their

identification by the “Commission for Repatriation” so long as they are not currently occupied by individuals.

The Commission shall be at liberty to explore and choose, without any restriction, resettlement sites throughout

the national territory.

The selection of sites, their occupation and farming shall take due consideration of the

protection of endangered animal species, especially the mountain gorilla.

Depending on the protection

requirements and the planned farming development activities, the transfer of those species into compatible

ecosystems is recommended.

Article 4

The right to property is a fundamental right for all the people of Rwanda.

All refugees shall therefore have the

right to repossess their property on return.

The two parties recommend, however, that in order to promote social harmony and national reconciliation,

refugees who left the country more than 10 years ago should not reclaim their properties, which might have

been occupied by other people.

The Government shall compensate them by putting land at their disposal and

shall help them to resettle.

As for estates which have been occupied by the Government, the returnee shall have the right for an equitable

compensation by the Government.

Article 5

The repatriation exercise shall aim at achieving a harmonious and definitive integration.

Article 6

The repatriation process must mesh with the economic changes underway in the country.

Article 7

The principle of dual citizenship is hereby accepted.

The laws governing the Rwandese citizenship shall be

reviewed accordingly.

Sub-Section 2:

The Beneficiaries of the Programme for the Return and Repatriation

Article 8

The Programme for the Return and the Repatriation shall be designed solely for Rwandese Refugees.

Shall qualify as a Rwandese refugee:

1. Anyone in possession of documents issued by the Office of the United Nations High Commissioner

for Refugees (UNHCR), testifying that the bearer is a Rwandese refugee;

2. Any Rwandese national who declares himself to be a Rwandese refugee, but who is not registered

with the Office of the UNHCR.

Sub-Section 3:

Repatriation Procedures

Article 9

Upon the recommendation of the Secretariat of State for Rehabilitation and Social Integration, the Broad-Based

Transitional Government shall set up a Commission for Repatriation composed of Government, UNHCR, OAU

and Refugee representatives.

Article 10

The Commission shall have, as a general mandate, to finalize and to implement a programme for the

repatriation and reintegration of returnees.

The concrete missions of the Commission shall be as follows:

1. Conduct a socio-economic survey of refugees;

2. Organize a pre-repatriation census and registration of returnees;

3. Conduct an information and sensitization campaign both to the refugee community and the population

within the country

4. Identify settlement sites, supervise the distribution of plots and establishment of basic infrastructures

such as Reception Centres, Health Centres, Educational Centres, etc.;

5. Make travel arrangements for all returnees, where necessary, and arrangements for the transport of

their property;

6. Supervise all kinds of assistance for the returnees, such as food aid, farming tools, building materials,

domestic items, seeds, etc.;

That Commission may set up Committees, where necessary, for the execution of some of its missions.

Article 11

For border crossings, a list of items subject to an export ban in the country of asylum and to an import ban in

Rwanda shall be communicated in advance to refugees opting for repatriation.

Property and assets of returnees shall be exempted from all import duties and taxes, except for commercial

goods.

The exchange regulations shall be communicated to returnees and facilitated by the appropriate authorities.

Customs formalities shall also be specified by the country of asylum and by Rwanda.

The Secretariat of State for Rehabilitation and Social Integration, in coordination with Immigration and

Emigration Services, shall provide facilities at border posts and at the International airport, for the reception of

returnees who shall have opted to go back home with their own means.

Sub-Section 4:

Assistance

Article 12

The repatriation funding programme shall provide for provisional accommodation centres on the settlement

sites in rural or in urban areas, in existing or those to be built, on condition that the latter are built for ultimate

use.

Returnees at that time shall be fully taken care of, including an initial free medical check-up.

Article 13

Returnees shall provisionally be accommodated in shelters built on plots allocated to them, but they shall

rapidly be given a set of building materials to enable them to build their own houses and design them in

accordance with model development schemes drawn up by the Commission for Repatriation.

Article 14

Upon their arrival in the country, repatriates shall each be paid a small amount of money to enable them to meet

vital needs not catered for by the aid programme.

Article 15

With the assistance of the International Community, the Rwandese Government shall provide assistance to the

returnees, in the following areas:

1. food aid;

2. domestic items;

3. farming tools;

4. building materials;

5. health;

6. education.

The same assistance shall equally be provided to those returnees who may go back to their places of origin.

Article 16

Food aid shall be provided for a period of at least 15 months, after which conditions for the continued supply of

that aid shall be reviewed.

Article 17

Each family of returnees shall be provided with basic items such as kitchen utensils and bed and beddings.

Article 18

The programme for the settlement of returnees shall also avail a set of farming tools and seeds, preferably

selected to meet the soil and climate requirements in the area.

In so doing, it shall enable the repatriated farmers

to undertake farming activities as soon as possible.

Article 19

The repatriation programme shall also include the supply of medicines and various equipment for the existing or

newly established Health Centres.

Vulnerable groups, i.e. women, children, the aged people and the handicapped shall be specifically taken care

of.

Article 20

A programme of assistance for children admitted in the educational system shall be established and tailored in

such a way as to cater for school fees, funds for the purchase of uniforms and school equipment for two

academic years.

Article 21

The returnees who shall take up activities other than farming, but are not able to take care of themselves, shall

each benefit from some of the assistance programmes mentioned above especially:

1. Accommodation and food aid for a period of 6 months;

2. basic items such as kitchen utensils, bed and beddings

The Rwandese Government shall establish, through the Ministry of Labour and Social Affairs and the

Secretariat of State for Rehabilitation and Social Integration, mechanisms for the orientation and follow-up of

job seekers.

Sub-Section 5:

Integration Modalities

Article 22

Returnees may benefit from opportunities availed by the Development Projects designed for the enhancement of

employment in the public and private sectors, in the same conditions as residents.

Article 23

The Rwandese Government shall undertake negotiations with international funding institutions, within the

framework of the Structural Adjustment Programme (SAP), so that the absorption capacities of the Public

Sector could be enhanced.

There are certain sectors, however, which already hold out employment opportunities, such as Education,

Health and the Judiciary.

A returnee who shall be integrated in the public sector shall be employed at the level to be determined on the

basis of their qualification and professional experience.

Employment shall not be subjected to any precondition and criteria other than the age for employment and

retirement.

Article 24

Returnees who have contributed to the Social Security in Rwanda may claim their dues, either for themselves or

their beneficiaries.

As for those who have been contributing to the Social Security abroad, the Rwandese Government shall

negotiate with the countries concerned so as to arrange for the compensation or transfer of their dues.

Article 25

Lack of knowledge of Kinyarwanda or French shall not constitute an obstacle to employment and discharge of

duties within the public sector.

During the first three years of service, with effect from the date of appointment, the returnees shall use those

languages they are most familiar with, and shall take intensive French or Kinyarwanda courses.

At the end of

that period, consideration of this facility shall be re-examined in order to determine whether it would be

maintained or not.

To that effect, a programme of linguistic support as well as translation and interpretation services shall be

organized, according to the needs, soon after the establishment of the Broad-Based Transitional Government,

using funds provided for in the Plan of Action for returnees or any other funds.

Article 26

The existing Commissions on the Equivalence of diplomas shall include qualified personnel among returnees

and shall pay special attention to that problem.

Diplomas and certificates internationally recognised shall be considered for purposes of employment in the

educational institutions or appointment to professional posts, in accordance with the UNESCO grading

regulations and systems.

Article 27

The access to employment opportunities in the Private Sector and the establishment of new enterprises in the

country have been liberalized within the framework of the Structural Adjustment Programme (SAP).

They shall

be open to returnees without any preconditions, and under the same conditions as residents.

Government role in that field will be to reactivate support to existing firms, promote new investments and

simplify formalities required to get started in the Private Sector.

The Plan of Action shall also include a

Guarantee Security Fund, so as to facilitate access to loans by returnees.

Article 28

The Commission for Repatriation shall develop settlement sites.

The sites shall be provided with basic socioeconomic

infrastructures such as schools, Health Centres, water, access roads, etc.

The Housing scheme in these areas shall be modelled on the “village” grouped type of settlement to encourage

the establishment of development centres in the rural area and break with the traditional scattered housing.

Article 29

The programme for the reintegration of returnees shall provide additional school facilities, by expanding

existing schools or creating new infrastructures to accommodate the returnee children already at school or of

school age.

Article 30

For purposes of ensuring a smooth integration into the educational system in the country, and avoiding that

students interrupt their studies and suffer adverse effects, a number of measures shall be taken:

1. During the first year, education should be provided in the language used in the country of asylum.

2. Within the first three months, intensive French courses should be organised for teachers and students,

especially for students in the senior level of primary school and for students in secondary schools and

institutions of higher learning, from the anglophone countries.

3. Some of the aspects of adaptation may be catered for in the private educational system.

4. The Plan of Action for Rwandese refugees shall take in charge students in their last two years of the

primary, secondary schools and institutions of higher learning who may wish to stay behind and

complete their studies in the host countries, if the educational systems in which they were studying are

not available in Rwanda.

Their certificates shall be recognized in accordance with the UNESCO system

of equivalence of diplomas, certificates, etc.

However, special attention shall be given to the writing and reading of Kinyarwanda through additional

remedial lessons, to enable new pupils and any other who might experience similar difficulties to catch

up with those who are more conversant with the language.

Sub-Section 6:

Implementation of the Overall Programme of Repatriation

Article 31

In accordance with the mandate entrusted to them by the Dar es Salaam Summit of 19th February, 1991, the

UNHCR and the OAU shall organize, within six (6) months after the establishment of the Broad-Based

Transitional Government, a Donors’ Conference for the financing of projects earmarked in the Plan of Action

for the Rwandese refugees.

In addition to other internal sources of funding, the Rwandese Government shall also rely on bilateral

cooperation to support the Repatriation Programme.

Article 32

The implementation, at the political and administrative level, of the Repatriation Programme shall be supervised

by the Secretariat of State for Rehabilitation and Social Integration.

For the technical implementation of the various components of the Repatriation Programme, the Government of

Rwanda and the UNHCR shall preferably resort to those NGOs with an established reliability, taking also their

respective specialization into account.

As such, one or several NGOs shall undertake site development

activities, building activities, and the distribution of food aid.

Sub-Section 7:

Timetable for Repatriation

Article 33

All the returnees having the means to settle themselves without recourse to Government assistance may do so,

soon after the signing of the Peace Agreement.

To that end, Rwandese Embassies shall issue travel documents to all Rwandese refugees who wish to go back to

Rwanda.

Article 34

With respect to repatriation in groups, the following programme of sequence is envisaged:

1. Within six (6) months after the establishment of the Broad-Based Transitional Government, the

UNHCR and the OAU shall organize a Donors Conference on the financing of the Repatriation

Programme.

2. Within six (6) months after the establishment of the Broad-Based Transitional Government, tripartite

agreements between Rwanda, the UNHCR and individual countries in the Region and the UNHCR shall

have been concluded on issues pertaining to the repatriation of refugees.

3. Within Six (6) months after its establishment, the Broad-Based Transitional Government shall

undertake operations for the preparation of settlement sites.

4. Within nine (9) months following the establishment of that Government, the repatriation of the first

batch of returnees may begin.

Section 2: