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 Broad-Based 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:
The war between the Government of the Republic of Rwanda and the Rwandese Patriotic Front is hereby brought to an end.
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;
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.
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:
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 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.
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.
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 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
As amended at Gbadolite on 16 September 1991 and at Arusha on 12 July 1992.
We, the representatives of the Government of the Rwandese Republic and of the Rwandese Patriotic Front:
Mindful of the unfortunate incidents that have occurred between the Rwandese and have affected peace and public order in the country;
Referring to the Communiqués issued by the Heads of State of the Region, meeting in Mwanza (Tanzania) on 17 October 1990, in Gbadolite (Zaire) on 26 October 1990 and in Goma (Zaire) on 20 November 1990;
Considering that all these Summit meetings specifically emphasized the prior need for a ceasefire;
Considering the acceptance of the ceasefire in principle by President Juvenal HABYARIMANA in Zanzibar on 17 February 1991 following his meeting with Presidents Yoweri MUSEVENI of Uganda and Ali Hassan MWINYI of Tanzania;
Mindful of the fact that Presidents Pierre BUYOYA of Burundi, Juvenal HABYARIMANA of Rwanda, Ali Hassan MWINYI of Tanzania, Yoweri MUSEVENI of Uganda and Prime Mininster Lunda BULULU of Zaire, assisted by the Secretary-General of the OAU and a delegate of the UN High Commission for Refugees adopted the Dar-Es-Salaam Declaration of 19 February 1991 mandating President Mobutu SESE SEKO of Zaire to take urgent and immediate steps to usher in dialogue which should culminate in a formal ceasefire agreement between the Government of Rwanda and the Rwandese Patriotic Front;
Mindful of the fact that the ceasefire should facilitate the establishment of negotiations between the Rwandese Government and the Rwandese Patriotic Front aimed at national reconciliation and restoration of lasting peace;
Considering that the two Parties reaffirmed their political will during their meeting in Paris from 6th to 8th June 1992 to find through negotiations a solution to the current conflict as well as related problems;
Considering that both parties are committed to conduct direct negotiations:
Mindful of the fact that both parties reaffirmed the validity of the ceasefire agreement signed at N’sele on 29th March 1991 and as amended on 16th September 1991 in Gbadolite subject to up-dating the agreement by making necessary amendments;
Have on this 12th day of July 1992, agreed on and accepted the following provisions with respect to the ceasefire:
Agreement to be signed at the conclusion of the political negotiations. Article II The cease-fire shall imply:
shall be specified during the political negotiations:
3. Establishment of power-sharing within the framework of a broad-based transitional government. Article VI The political negotiations culminating in the peace agreement shall proceed pursuant to the following calendar:
Article VII In the present Agreement:
4. “Violation of the Cease-fire Agreement” shall mean the non-observance of any provision of the agreement.
Done in Arusha on 12th July 1992.
For the Rwandese Government:
(Signed) Boniface NGULINZIRA Minister for Foreign Affairs and Cooperation
For the Rwandese Patriotic Front:
(Signed) Pasteur BIZIMUNGU Member of the Executive Committee for Information and Documentation
For the Facilitator (the United Republic of Tanzania)
(Signed) Hon. Ahmed Hassan DIRIA (MP) Minister for Foreign Affairs and International Cooperation
In the presence of the Representative of the Secretary-General of the OAU
(Signed) M. T. MAPURANGA Assistant Secretary-General in Charge of Political Affairs
Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic
Signed at Arusha on 18 August 1992.
The Government of the Republic of Rwanda and the Rwandese Patriotic Front,
Reaffirming that the Rule of Law, the principle of the establishment of which was agreed upon by the signatories of the present Protocol of Agreement, in accordance with Article V of the N’sele Agreement, as amended in Gbadolite, on the 16th of September, 1991 and in Arusha on the 12th of July, 1992, shall characterize the political life in our country;
Considering that the Rule of Law implies that nobody, including the authorities, is above the law and that-the laws must respect the fundamental rights of the citizens;
Reaffirming that the Rule of Law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, and which is first and foremost and fundamentally characterised by justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression;
Convinced that the Rule of Law:
- hinges on national unity, democracy, pluralism and respect for human rights; Have agreed as follows: Chapter I: National Unity Article 1 National unity must be based on equality of all citizens before the law, equal opportunities in all fields including
the economic field and respect for fundamental rights as stipulated, notably, in the Universal Declaration of Human Rights and in the African Charter on Human and Peoples’ Rights.
Article 2 National unity implies that the Rwandese people, as constituent elements of the Rwandese nation, are one and indivisible. It also implies the necessity to fight all obstacles to national unity, notably, ethnicism, regionalism, integrism and intolerance which subordinate the national interest to ethnic, regional, religious and personal interest.
Article 3 National unity entails the rejection of all exclusions and any form of discrimination based notably, on ethnicity, region, sex and religion. It also entails that all citizens have equal opportunity of access to all the political,
economic and other advantages, which access must be guaranteed by the State. Article 4 The two parties acknowledge that the national unity of the people of Rwanda cannot be achieved without a
definitive solution to the problem of Rwandese refugees. They recognize that the return of the Rwandese refugees to their country is an inalienable right and represents a factor of peace, unity and national reconciliation. They undertake not to hinder the free exercise of this right by the refugees.
Chapter II: Democracy Article5 Democracy is founded on the idea that sovereignty belongs to the people. It is expressed, notably, through
regular, free, transparent and fair elections. Popular representation must be the authentic expression of the will of citizens.
Article 6 The two parties accept the universality as well as the implications of the following fundamental principles of democracy:
- sovereignty of the people;
-government based on the consent of the people expressed through regular, free, transparent and fair elections;
-guarantee for the fundamental rights of the individual as provided for in the Universal Declaration of Human Rights as well as in the African Charter on Human and Peoples’ Rights, among others, freedom of speech, enterprise and of political, social and economic association;
- multipartism, social and economic pluralism. Article 7 The two parties recognize that multipartism entails the legitimate existence of a democratic opposition and
consider, as legitimate, the aspiration of any Rwandese citizen to accede to power through democratic process. Article 8 The two parties resolutely reject and undertake to fight:
- political ideologies based on ethnicity, region, religion and intolerance which subordinate national interest to the ethnic, regional, religious or personal interest;
- any form of coup d’état as being contrary to the democratic system as described above. Article 9 In order to promote and consolidate the democratic system as described above, the two parties undertake to
work for social, economic and cultural development of the country and to fight hunger, ignorance, poverty and disease.
Article 10 Elections shall be organised in such a way that transparency is guaranteed and fraud eliminated through the establishment of efficient supervision mechanisms including, if the need arises, enlisting the assistance of International Observers.
The prior and full explanation of the citizens’ rights and civic duties including the issues at stake in the elections is their inalienable right as a way of avoiding any form of political manipulation.
Article 11 The two parties accept to promote, in national political life, a democratic culture based on the principles enunciated above.
Article 12 The broad-based transitional government provided for in Article V of the N’sele Agreement, as amended in
Gbadolite, on 16th September, 1991 and in Arusha on 12th July, 1992, shall lead the country to a democratic system as defined above. To this end, the two parties note that a political process has been initiated by the Rwandese people to ensure the
progress of democracy and reaffirm the need to build together a society founded on the Rule of Law as stipulated in the present Protocol. Chapter III: Pluralism
Article 13 The two parties recognise that a democratic society is also founded on pluralism which is the expression of individual freedoms and must respect national unity and the fundamental rights of the citizen.
Chapter IV: Human Rights Article 14 The two parties recognise the universal nature of human rights and should express concern when these rights
are violated anywhere and by anybody.
They also recognise that the International Community would be justified in expressing concern in the event that these rights are violated by anybody on Rwandese territory. These rights should be guaranteed by the Constitution and the laws of the Republic of Rwanda.
Article 15 The two parties agree that a National Commission on Human Rights shall be established. This institution shall be independent and shall investigate human rights violations committed by anybody on Rwandese territory, in
particular, by organs of the State and individuals in their capacity as agents of the State or of various organisations. The investigation work of the Commission shall not be limited in time. The Commission shall be provided with the necessary means, especially legal means, to efficiently accomplish
its mission. It shall utilise its findings to: a) sensitize and educate the population about human rights; b) institute legal proceedings, where necessary.
The two parties also agree to establish an International Commission of Enquiry to investigate human rights violations committed during the war. Conclusion Article 17 The two parties concur that national unity, democracy and peace are invaluable and solemnly undertake to do
everything possible so as to preserve these values in the interest of the present and future Rwandese generations. Done at Arusha, the 18th day of August, 1992 in French and English, the French version being the original. For and on behalf of the Government of the Republic of Rwanda: Boniface Ngulinzira
Minister of Foreign Affairs and Cooperation
For and on behalf of the Rwandese Patriotic Front:
Pasteur Bizimungu Member of the Executive Committee and Commissioner for Information and Documentation
For and on behalf of the Facilitator (United Republic of Tanzania):
Benjamin Mkapa Minister for Science, Technology and Higher Education In the presence of the Representative of the Current Chairman of the OAU:
Papa Louis Fall Ambassador of Senegal to Ethiopia, Tanzania and the OAU In the presence of the Representative of the Secretary General of the OAU Dr. M.T. Mapuranga
Assistant Secretary General in charge of Political Affairs
The Government of the Republic of Rwanda and the Rwandese Patriotic Front: Agree on the following provisions which are an integral part of the Protocol of Agreement on Power-sharing: Chapter 1: General Principles Article 1 The two parties reaffirm the acceptance of the principle of power-sharing within the framework of a Broad-
Based Transitional Government, in conformity with Article V.3. of the N’sele Ceasefire Agreement, as amended at GBADOLITE on 16th September, 1991 and at ARUSHA on 12th July, 1992. The modalities of implementation of this principle are the object of the present Protocol of Agreement on Power-sharing.
Article 2 The two parties agree that those modalities shall consist of:
Chapter II: Transitional Institutions
During the Transitional Period, the State institutions shall be:
(iii) The Transitional National Assembly;
(iv) The Institutions of the Judiciary. Chapter III: The Executive Power