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

• 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) )

• 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 | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

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:

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.

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.

2. Disengagement of Forces in the war zones.

3. Establishment of the Broad-Based Transitional Government.

4. Clearance of mines in the war zones.

5. Planning and provision of humanitarian assistance in essential services.

Section 2:

Administration and Security in the War Zones

Article 37

The administration entities established before the outbreak of war shall be reconstituted.

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.

Article 39

The Broad-Based Transitional Government shall determine mechanisms of appointing local authorities in these

zones.

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.

Article 41

Security shall be ensured by the local police to be provided with adequate means and assisted, where necessary,

by the National Gendarmerie.

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.

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.

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.

Article 45

The return of war displaced persons to their homes shall, as much as possible, be coordinated with the return of

the refugees who left the country during the war, as well as that of persons displaced as a result of social strife.

Done at Arusha, the 9th day of June 1993 in both French and English Languages, the French text being the

original.

For the Government of the Republic of Rwanda:

Landoald Ndasingwa

Minister of Labour and Social Affairs

For the Rwandese Patriotic Front:

Pasteur Bizimungu

Member of the Executive Committee and Commissioner for Information and Documentation

In the presence of the Representative of the Facilitator (The United Republic of Tanzania):

Ami R. Mpungwe

Ministry of Foreign Affairs and International Cooperation

In the presence of the Current Chairman of the OAU:

Papa Louis Fall

Ambassador of Senegal to Ethiopia, Tanzania and Representative to the OAU

In the presence of the Representative of the OAU Secretary General

Dr. M.T. Mapuranga

Assistant Secretary General for Political Affairs