Adopted by the Security Council at its 3566th meeting, on 16
August 1995
The Security Council,
Recalling all its previous resolutions on the situation in
Rwanda, in particular its resolutions 918 (1994) of 17 May 1994,
997 (1995) of 9 June 1995 and 1005 (1995) of 17 July 1995,
Having considered the report of the Secretary-General on
monitoring of the restrictions on the sale or supply of arms dated
9 July 1995 (S/1995/552),
Having also considered the progress report of the Secretary-General
on the United Nations Assistance Mission for Rwanda (UNAMIR) dated
8 August 1995 (S/1995/678),
Emphasizing that the uncontrolled circulation of arms,
including to civilians and refugees, is a major cause of destabilization
in the Great Lakes subregion,
Welcoming the proposal of the Government of Zaire to establish
an international commission under United Nations auspices to investigate
reports of arms supplies to former Rwandan government forces,
Recognizing that the registration and marking of weapons
are of considerable assistance in monitoring and enforcing restrictions
on the illicit deliveries of weapons,
Noting with great concern reports of military preparations
and increasing incursions into Rwanda by elements of the former
regime and underlining the need for effective measures to ensure
that Rwandan nationals currently in neighbouring countries, including
those in camps, do not undertake military activities aimed at
destabilizing Rwanda or receive arms supplies, in view of the
great likelihood that such arms are intended for use within Rwanda,
Stressing the need for representatives of all sectors of
Rwandan society, excluding those political leaders suspected of
planning and directing the genocide last year, to begin talks
in order to reach an agreement on a constitutional and political
structure to achieve lasting stability,
Taking note of the letter dated 5 July 1995 from the Permanent
Representative of Rwanda to the United Nations addressed to the
President of the Security Council (S/1995/547), requesting urgent
action to lift the restrictions on the sale or supply of arms
and materiel to the Government of Rwanda to ensure the security
of the Rwandan population,
Welcoming the improvement in the working relations between
the Government of Rwanda and UNAMIR and recalling the mandate
of UNAMIR, as adjusted in resolution 997 (1995), in particular
to help achieve national reconciliation,
Recalling that the prohibition on the delivery of arms
and materiel to Rwanda was originally aimed at stopping the use
of such arms and equipment in the massacres of innocent civilians,
Taking note of the Council's decision in resolution 997
(1995) to reduce the force level of UNAMIR, and reaffirming that
the security of that country is the primary responsibility of
the Government of Rwanda,
Deeply concerned by the situation in Rwanda's prisons and
judicial system, particularly overcrowding, the lack of judges,
detention of minors and elderly prisoners, and absence of speedy
judicial or administrative review of charges, and in this respect,
welcoming renewed efforts by the United Nations and donor countries,
in coordination with the Government of Rwanda, to initiate, on
an urgent basis, measures to improve this situation,
Underlining the need for increased efforts by the Government
of Rwanda in the promotion of a climate of stability and trust
in order to facilitate the return of Rwandan refugees in neighbouring
countries,
1. Commends the efforts of the Secretary-General and his Special
Envoy in pursuing regional responses to the problem of illicit
arms supplies in the region and encourages the Secretary-General
to continue his consultations in this regard;
2. Requests the Secretary-General, as proposed in paragraph 45
of his report (S/1995/678), to make recommendations to the Security
Council, as soon as possible, on the establishment of a Commission
mandated to conduct a full investigation to address allegations
of arms flows to former Rwandan government forces in the Great
Lakes region of Central Africa;
3. Calls upon the Governments of Rwanda and neighbouring States
to cooperate with the Commission's investigation;
4. Encourages the Secretary-General to continue his consultations
with the Governments of neighbouring States concerning the deployment
of United Nations military observers in the airfields and other
transportation points in and around border crossing points and
calls on the neighbouring States to cooperate with and assist
these observers to ensure that arms and related materiel are not
transferred to Rwandan camps within their territories;
5. Requests the Secretary-General to report to the Council within
one month of the adoption of this resolution on his efforts for
the preparation and convening, at the earliest possible time,
of the regional Conference on Security, Stability and Development,
as well as for the convening of a regional meeting to address
the problems facing the repatriation of refugees;
6. Calls upon the Government of Rwanda to continue its efforts
to create an atmosphere of trust and confidence for the safe return
of refugees and take further steps to resolve the humanitarian
problems in its prisons, and to expedite disposition of the charges
against those detained;
Acting under Chapter VII of the Charter of the United Nations,
7. Decides that, with immediate effect and until 1 September 1996,
the restrictions imposed by paragraph 13 of resolution 918 (1994)
shall not apply with regard to the sale or supply of arms and
related materiel to the Government of Rwanda through named points
of entry on a list to be supplied by that Government to the Secretary-General,
who shall promptly notify all Member States of the United Nations
of the list;
8. Decides also that on 1 September 1996 the restrictions imposed
by paragraph 13 of resolution 918 (1994) on the sale or supply
of arms and related materiel to the Government of Rwanda shall
terminate, unless the Council decides otherwise after its consideration
of the second report of the Secretary-General referred to in paragraph
12 below;
9. Further decides, with a view to prohibiting the sale and supply
of arms and related materiel to non-governmental forces for use
in Rwanda, that all States shall continue to prevent the sale
or supply, by their nationals or from their territories or using
their flag vessels or aircraft, of arms and related materiel of
all types, including weapons and ammunition, military vehicles
and equipment, paramilitary police equipment and spare parts,
to Rwanda, or to persons in the States neighbouring Rwanda if
such sale or supply is for the purpose of the use of such arms
or materiel within Rwanda, other than to the Government of Rwanda
as specified in paragraphs 7 and 8 above;
10. Decides also that no arms or related materiel sold or supplied
to the Government of Rwanda may be resold to, transferred to,
or made available for use by, any State neighbouring Rwanda, or
person not in the service of the Government of Rwanda, either
directly or indirectly;
11. Further decides that States shall notify all exports from
their territories of arms or related materiel to Rwanda to the
Committee established by resolution 918 (1994), that the Government
of Rwanda shall mark and register and notify to the Committee
all imports made by it of arms and related materiel, and that
the Committee shall report regularly to the Council on notifications
so received;
12. Requests the Secretary-General to report to the Council within
6 months of the date of adoption of this resolution, and again
within 12 months, regarding, in particular, the export of arms
and related materiel referred to in paragraph 7 above, on the
basis of the reports submitted by the Committee established by
resolution 918 (1994);
13. Decides to remain actively seized of the matter.