Rwanda
Cluster Munition Ban Policy
Summary: State Party Rwanda ratified the convention on 25 August 2015. It participated in a meeting of the convention in 2013. Rwanda states that it has never used, produced, transferred, or stockpiled cluster munitions.
Policy
The Republic of Rwanda signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 25 August 2015. The convention entered into force for Rwanda on 1 February 2016.
Rwanda has not indicated if it intends to enact implementing legislation for the Convention on Cluster Munitions.
As of 20 June 2017, Rwanda has not submitted its initial Article 7 transparency measures report for the Convention on Cluster Munitions, which was originally due by 31 July 2016.
Rwanda attended one regional meeting of the Oslo Process (Kampala, Uganda, in September 2008) that created the Convention on Cluster Munitions before it signed the convention in Oslo in December 2008.[1]
Rwanda’s Council of Ministers approved ratification of the convention on 11 November 2009, and both houses of parliament adopted ratification legislation (Law 13/2011) on 30 May 2011.[2] A ratification decree signed by President Paul Kagame, published in the country’s Official Gazette on 29 December 2014, marked the completion of the domestic ratification process.[3] Rwanda deposited its instrument of ratification with the UN in New York on 25 August 2015, becoming the 94th State Party.[4]
Rwanda has participated in one meeting of the convention, the Third Meeting of the States Parties in Oslo, Norway, in September 2012. It was invited to, but did not attend the Sixth Meeting of States Parties in Geneva in September 2016. Rwanda did not participate in the convention’s intersessional meetings held in Geneva in 2011–2015.
In December 2016, Rwanda was absent from the vote in support of the UN General Assembly (UNGA) resolution on the treaty banning cluster munitions, which urges states outside the convention to “join as soon as possible.”[5] It however voted in favor of a similar UNGA resolution on the convention in December 2015.[6]
During its term as a non-permanent member of the UN Security Council (UNSC), Rwanda expressed concern in October 2014 at the “reported use of cluster munitions” in Ukraine and urged “a full, thorough and independent investigation.”[7] Rwanda voted for a 2014 UNSC resolution that expressed concern at the “indiscriminate” use of cluster munitions in South Sudan.[8] Rwanda has voted in favor of Human Rights Council resolutions condemning the use of cluster munitions in Syria, most recently in March 2017.[9]
Rwanda has not elaborated its views on certain important issues related to interpretation and implementation of the convention, such as the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, the prohibition on investment in production of cluster munitions, and the need for retention of cluster munitions for training and development purposes.
Rwanda is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Rwanda stated in 2008 that it does not use, produce, transfer, or stockpile cluster munitions.[10]
[1] Rwanda also attended a regional meeting on the convention in Kampala, Uganda in September 2008 and the Berlin Conference on the Destruction of Cluster Munitions in June 2009. For details on Rwanda’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 147.
[2] See, Official Gazette of the Parliament of Rwanda, “Minister in charge of Cabinet Affairs, Statement on Cabinet Decisions of 11/11/2009,” 11 November 2009; and Official Gazette of the Parliament of Rwanda, Law 13/2011, published on 9 June 2011.
[3] Presidential order 171/01 states that the Convention on Cluster Munitions is “hereby ratified and becomes fully effective.” It charges the Prime Minister, Minister of Foreign Affairs and Cooperation, and the Minister of Internal Security with implementation of the order. Official Gazette of the Parliament of Rwanda, 29 December 2014.
[4] The ratification came after a Rwandan official attended a workshop on the convention for sub-Saharan African states at the UN in New York on 16 April 2015. Email from Amy Little, Campaign and Advocacy Consultant–Convention on Cluster Munitions, Norwegian People’s Aid (NPA), 11 May 2015. See also, CMC web post, “Rwanda Bans Cluster Bombs,” 26 August 2015.
[5] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 71/45, 5 December 2016;
[6] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[7] Provisional report of the 7287th meeting of the UN Security Council, S/PV.7287, 24 October 2014, p. 17.
[8] The resolution noted “with serious concern reports of the indiscriminate use of cluster munitions” and called for “all parties to refrain from similar such use in the future.” UNSC, “Security Council, Adopting Resolution 2155 (2014), Extends Mandate of Mission In South Sudan, Bolstering Its Strength to Quell Surging Violence,” SC11414, 27 May 2014.
[9] “The human rights situation in the Syrian Arab Republic,” Human Rights Council Resolution 34/26, 24 March 2017.
[10] Statement of Rwanda, Kampala Conference on the Convention on Cluster Munitions, 30 September 2008. Notes by the CMC.
Mine Ban Policy
Mine Ban Policy
The Republic of Rwanda signed the Mine Ban Treaty on 3 December 1997 and ratified on 8 June 2000, becoming a State Party on 1 December 2000. The treaty was incorporated into domestic law with the presidential order of 24 December 1998.[1] Rwanda has not enacted further domestic legislation to implement the Mine Ban Treaty.[2]
Rwanda had not submitted an annual updated Mine Ban Treaty Article 7 report since 2008.[3]
Rwanda participated in the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010 but did not participate in the intersessional Standing Committee meetings held in June 2011.
Rwanda is not party to the Convention on Conventional Weapons.
Production, transfer, stockpiling, and use
There have been no reports of use of antipersonnel mines in Rwanda since 1998.[4] Rwanda has reported that it has never produced and has no stockpiles of antipersonnel mines. In April 2008, it stated, “Rwanda government has never imported antipersonnel mines since 1994 and has destroyed all that were imported by the former government forces.”[5] This was the first time Rwanda indicated that it destroyed stockpiles inherited by the previous government.[6]
After initially indicating that it retained no antipersonnel mines for training or development purposes, Rwanda reported in April 2003 that it possessed 101 antipersonnel mines, “uprooted from minefields and retained for training purposes.”[7] In 2008, Rwanda reported 65 mines retained for training purposes, a reduction of 36 mines and reported that 25 explosive ordnance disposal personnel had been trained, presumably using the mines.[8]
[1] Order of the President, No. 38/01, 24 December 1998. Rwanda has also stated that an existing law, Decree-Law 12/79, which prohibits illegal import, use, transfer, and possession of arms and ammunition, covers mines, although mines are not explicitly mentioned. Mine Ban Treaty Article 7 Report, Form A, 1 June 2006.
[2] It reported in 2004 and 2005 that efforts were underway. It then reported that a bill was before cabinet for approval as of April 2006. A Ministry of Defense official said in May 2006 that the draft law had been submitted to parliament. No further progress has been reported. See Landmine Monitor Report 2008, p. 594.
[3] Rwanda has submitted six reports, in April 2008, and on 1 June 2006, 15 June 2005, 1 April 2004, 22 April 2003, and 4 September 2001.
[4] However, there were allegations of mine use by Rwandan forces in the Democratic Republic of the Congo (DRC) in 2000, and of transfer of antipersonnel mines to non-state armed groups in the DRC as late as 2004. Rwandan officials have repeatedly denied all allegations of involvement in mine use in the DRC. See Landmine Monitor Report 2006, p. 612.
[5] Mine Ban Treaty Article 7 Report, Forms B and E, April 2008.
[6] No details are provided about when or how many mines were destroyed. Previously, Rwanda said that in 1994, the former government “fled into neighboring Congo with all arms and ammunitions including antipersonnel mines,” and that the current government “has never imported antipersonnel mines, and therefore no stockpiled antipersonnel mines [are] in Rwanda.” Mine Ban Treaty Article 7 Report, Form E, 1 June 2006. The same language is used in earlier reports.
[7] Mine Ban Treaty Article 7 Report, Form D, 22 April 2003. The mines included 32 PMD-6, 26 TS-50, and 43 M-35 mines.
[8] Mine Ban Treaty Article 7 Report, Form D, April 2008. The mines included 22 PMD-6, 26 TS-50, and 17 M-35, which would indicate that 10 PMD-6 and 26 M-35 mines had been consumed in training.
Mine Action
Contamination and Impact
Mines and explosive remnants of war
The Republic of Rwanda had a small residual problem with mines and explosive remnants of war (ERW), the legacy of the 1990–1994 war against the government that committed the 1994 genocide, from the retreat of the army and Interahamwe militias to neighboring countries, and their subsequent attacks launched from the Democratic Republic of the Congo in 1996–1998 in the northwest of the country.[1]
At the Second Review Conference to the Mine Ban Treaty in November–December 2009, Rwanda declared it had fulfilled the clearance requirements of Article 5 of the Mine Ban Treaty. It stated that mine clearance had resulted in expanded commercial activity through safe access along hundreds of kilometers of roads and due to former tea plantations and farmland being again available for cultivation.[2]
The conflict in Rwanda resulted in a residual amount of ERW that may take years to clear,[3] as well as large amounts of small arms and ammunition. In 2009, Mines Advisory Group (MAG) destroyed more than 100 different types of small arms and over 70 tons of surplus munitions.[4]
Mine Action Program
Key institutions and operators
|
Body |
Situation on 1 January 2011 |
|
National Mine Action Authority |
None |
|
Mine action center |
NDO |
|
International demining operators |
None |
|
National demining operators |
Rwanda Defense Forces, operating under the NDO |
The National Demining Office (NDO), set up in 1995, has managed and implemented demining operations under the Ministry of Defense.[5] Mines Awareness Trust (MAT) and Norwegian People’s Aid (NPA) supported demining in 2009 but have since left the country.
Land Release
In 2009, Rwanda completed its mine clearance operations with support from MAT (for quality management) and NPA (which provided a MineWolf machine to assist with the clearance effort). Since operations began in 2002, Rwanda cleared 52 mined and battle areas covering a total of 1,946,754m2 and found and destroyed 660 antipersonnel mines, 29 antivehicle mines, and 2,034 pieces of unexploded ordnance.[6]
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Rwanda was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 December 2010.
At the Second Review Conference in November–December 2009, Rwanda declared it had fulfilled its Article 5 obligations and pledged to submit a full report to the States Parties. Rwanda said they would also inform States Parties if new mined areas were identified.
Quality management
In May 2008, MAT deployed three mine detection dog teams to Rwanda for quality management.[7] In October 2009, MAT completed quality control of all cleared mined areas, with the Geneva International Centre for Humanitarian Demining verifying the work.[8]
[1] Statement of Rwanda, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 10 May 2006.
[2] Statement of Rwanda, Second Review Conference, Mine Ban Treaty, Cartagena, 1 December 2009.
[3] NPA, “Rwanda Project Report,” 12 December 2008, p. 12.
[4] MAG, “Rwanda: 30,000 small arms destroyed,” 18 January 2010, www.maginternational.org.
[5] Statement of Rwanda, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 5 June 2008.
[6] Statement of Rwanda, Second Review Conference, Mine Ban Treaty, Cartagena, 1 December 2009.
[7] Email from Maj. Wilson Ukwishaka, Deputy Coordinator, NDO, 14 May 2008; MAT, “The Mines Awareness Trust: Rwanda MDD,” www.minesawareness.org; and response to Monitor questionnaire by MAT, 14 April 2009.
[8] Email from Ben Remfrey, former Director, MAT, 25 May 2010.
Casualties
Casualties Overview
|
All known casualties by end 2016 |
716 mine/explosive remnant of war (ERW) casualties (306 killed; 410 injured) |
|
Casualties occurring in 2016 |
9 (2015: 0) |
|
2016 casualties by survival outcome |
6 killed; 3 injured (2015: 0 injured) |
|
2016 casualties by device type |
4 ERW; 5 unidentified mine type |
Nine mine/ERW casualties were identified in Rwanda in 2016. One child was killed and three others injured in the Nyanza district when a grenade they had found while collecting scrap metal exploded in their hands.[1] In a separate incident, two men and three boys were killed by a suspected landmine on a former battlefield in the Nyagatare district.[2] Prior to 2016, the last casualties reported in Rwanda occurred in 2011, when the Monitor identified five ERW casualties.[3]
The total number of mine/ERW casualties in Rwanda is not known, and estimates vary. Between 1991 and 2016, 716 casualties were identified in Rwanda (306 killed; 410 injured).[4]
[1] “Rwanda: Scrap Metal Collection Should Be Done Diligently By Mature People – Police,” AllAfrica, 26 September 2016.
[2] “Five killed in Nyagatare in landmine accident,” The New Times, 1 November 2016.
[3] “Rwanda: Grenade Injures Two Children,” AllAfrica, 4 March 2011; “One killed as grenade explodes near Kigali,” People’s Daily Online, 29 July 2011; and “Rwanda: 1 mort et deux blessés dans l'explosion d'une grenade” (“Rwanda: 1 killed and two injured due to grenade explosion”), Panapress, 27 July 2011.
[4] In addition to the five casualties from 2011, the Rwandan National Demining Office (NDO) recorded 702 casualties between 1991 and 2008. Email from Maj. Ukwishaka, NDO, 10 May 2009.
Victim Assistance
The Association of Landmine Survivors and Amputees of Rwanda and other Persons with Disabilities (ALSAR) estimated there were more than 2,000 survivors in the country.[1]
Victim assistance in Rwanda is incorporated into the broader disability framework, as part of the overall plan for all persons with disabilities that guides the work of the National Council on Persons with Disabilities (NCPD), the National Programme for Mainstreaming Disability in Rwanda (2010–2019), and laws relating to the protection of persons with disabilities (civilians and former combatants) from 2007. The NCPD, established in 2010, included mine/explosive remnant of war (ERW) survivors as members.[2] Its Strategic Plan for 2013–2018 explicitly mentioned persons with disabilities as a result of landmines and includes an operational plan for its implementation.[3] Despite efforts to promote the rights of persons with disabilities, they continue to face many challenges in their daily lives, including the inaccessibility of infrastructures.[4]
As of September 2015, ALSAR reported having 30 members and welcomed others to join the organization.[5] ALSAR continues to advocate for the rights of survivors and to conduct awareness-raising campaigns and peer-support activities.[6]
Handicap International (HI) worked at a national level to support inclusive education as well as disabled people’s organizations. HI was also developing community-based rehabilitation (CBR) by providing financial and technical support to the College of Medicine and Health Sciences (CMHS) so it can provide the necessary training.[7] HI also intends to promote CBR by providing support to the General Disabled People’s Organisation of Rwanda (AGHR) and the Action for Inclusive Education Development in Rwanda (AIEDR), and through the implementation of coordination mechanism.[8]
Mine/ERW survivors are entitled to receive medical care and prosthetic devices free of charge.[9]
The National Union of Disability Organizations in Rwanda, established in September 2010, is a national umbrella organization of persons with disabilities.
The rights of persons with disabilities are protected by the National Laws Nº 01/2007 on the Protection of Persons with Disabilities in general and Nº 02/2007 on the Protection of Former War Combatants with Disabilities.[10] Landmine survivors and other persons with disabilities were still facing social exclusion, discrimination, and other issues in their everyday life.[11]
[1] Response to Monitor questionnaire by Rose Kanyamfura, Vice President, ALSAR, 30 March 2010.
[2] Norwegian Agency for Development Cooperation (Norad), “Norad Report 6/2012 Review: Organisational Performance Review of the Norwegian People’s Aid,” September 2011.
[3] National Council of Persons with Disabilities, “NCPD Strategic Plan and Its Operational Plan for the Implementation July 2013–June 2018,” 31 May 2013.
[4] National Council of Persons with Disabilities, “NCPD salute the effort of Rwanda government in disability movement,” 19 October 2016; and Athan Tashobya, “Persons with disabilities raise concern over inclusion,” The New Times, 8 February 2017.
[5] Eugene Kwibuka, “Local activists unite against cluster bombs,” The New Times, 31 August 2015.
[6] Response to Monitor questionnaire by Georges Wilson Rubanzana, ALSAR, 11 March 2017.
[7] Elise Cartuyvels, “Rwanda Country Card,” HI, August 2016, p. 2.
[8] Ibid., p. 4.
[9] Response to Monitor questionnaire by Georges Wilson Rubanzana, Legal Representative, ALSAR, 11 March 2017.
[10] UN, “Initial Report of Rwanda on the Implementation of the Convention on the Rights of Persons with Disabilities,” March 2015.
[11] Jean-Christophe Nsanzimana, “Rwanda: Disability Often Still Carries a Stigma,” AllAfrica, 13 January 2013, quoted in “The Month in Mines: January 2013,” Landmines in Africa, 9 February 2013; and United States Department of State, “Country Reports on Human Rights Practices for 2016: Rwanda,” Washington, DC, March 2017.