Statement on the AU General Assembly of Heads of States Decision (07.07.08)

The United Democratic Forces (UDF-INKINGI) are chocked by the AU Assembly of Heads of States’ decision on what it labeled as an “Abuse of the principle of universal jurisdiction” about Rwanda. In particular, the UDF-Inkingi and the Rwandan people as a whole are deeply ashamed by provision 4 of the said decision disposing that “those (Spanish and French) international warrants shall not be executed in African Union Member States”. That decision, inspired by Rwandan criminal stakeholders, is biased and will structurally and seriously endanger peace, security and stability in Rwanda, in the Great Lakes Region and in Africa at large.

1. The UDF-Inkingi recall that the French magistrate didn’t abuse of the Principle of Universal Jurisdiction.  His indictments (and subsequent international warrants) were only based on national criminal law (Code Pénal art. 121-6, 121-7, 221-3, 421-1, 421-2-1, 421-3 & 421-5 / Code de procédure pénale art. 203, 716 et suivants) and not on the principle of universal jurisdiction.  The French magistrate acted on the request of French citizens whose relatives lost their lives by the hand of individuals within the Rwandese Patriotic Front military and political apparatus.  The fact that African Heads of States included the French warrant in their decision on “Abuse of the Principle of Universal Jurisdiction” reveals that they didn’t base their decision on well established and documented facts.  By so doing they acted irresponsibly and seriously violated AU Basic Principles and Regulations, are themselves endangering “International Law and Order” and are jeopardizing “African States ability to conduct their international relations”, thus compromising the awaited results of their decision.

2. The UDF-Inkingi recall also that the Spanish magistrate indictments (and subsequent international warrants) were essentially based on Spain national criminal law pursuant to genocide (art. 607), to crimes against humanity (art. 607-bis), to protected persons during armed conflicts (art. 608, 609, 610, 611, 612, 613, 614, 614-bis, 615 & 615-bis), to belonging to a terrorist organization (art. 515 & 516), to terrorist acts (art. 572, 173, 174, 137-bis) and less on the so-called “principle of universal jurisdiction”.  Again, he basically acted on the request of Spanish citizens whose relatives were killed by individuals within the RPF military and political apparatus. Spain as a State had and has no political motives in those indictments as the RPF government acknowledged it few days after the issuance of Spanish international warrants.

3. On the contrary, the RPF government daily abuses of that principle since its installation on July 19, 1994. In particular, it sent lots of Rwandans abroad as intelligence operatives and witnesses and manipulated them with the intention of having Rwandan citizens prosecuted, indicted, arrested, condemned and detained, especially in Belgium, on the basis of Belgian universal jurisdiction law. Some of those cases are still underway and the RPF government never raised any protestation to the Belgian authorities as far as the “principle of universal jurisdiction” is concerned.  This dirty job is mainly conducted through the RPF umbrella, IBUKA, the genocide survivors’ association. In Belgium, the RPF manipulation threw IBUKA in a crisis which recently culminated in the creation of a spitting group under the leadership of RPF activists, while its legitimate leadership is intimidated. The crisis ended up before Belgian judges where the wrangle continues.  Moreover, the RPF government is conducting a legislative exercise aimed at reviewing the current Constitution in order to include the “principle of universal jurisdiction” with the intention of using it for political purposes, specifically in its crusade against France.  Before taking their decision, African Heads of States didn’t even look in RPF government own records and precedents.  By so doing, they acted irresponsibly.

4. Therefore, it’s clear that African Heads of States took their decision on the grounds of false and biased RPF government inspired reports including the briefing they received from Paul Kagame, deliberately ignoring that Paul Kagame was the master minder of the cases pending before French and Spanish jurisdictions. They ignored that Paul Kagame killed once at a go two African Heads of States in 1994, President Habyarimana of Rwanda and President Cyprien Ntaryamira of Burundi, was involved in the death of Democratic Republic of the Congo‘s Head of State, President Laurent Désiré KABILA and acts as a proxy for non-African States. He is even cited by different media as being involved in operations aimed at assassinating a current African Head of State, namely President of Zimbabwe Robert Gabriel Mugabe.  By so doing, AU Heads of State showed to the African people and to the general public at large, the value they attach to the function of Head of State in Africa and fueled views outside Africa that life has no value for Africans, including that of African Heads of State.

5. The UDF-Inkingi shares and fights for AU Heads of States concerns about the sovereignty and territorial integrity of African States. It’s for that reason that UDF-Inkingi condemns and opposes the RPF government past and present violations of the integrity of other African States, in particular, the invasion, occupation and illegal exploitation of natural resources of the DRC. The UDF-Inkingi condemns and opposes the current RPF government military covert operations in North-Kivu using a proxy militia, the CNDP led by renegade Congolese of Rwandan origin Laurent Nkundabatware with the aim of changing the DRC government by unconstitutional means or creating a buffer and satellite State in Eastern DRC.  All those illegal military and political activities are flagrant violations of the sovereignty and territorial integrity of another African State. Instead of taking decision on that crucial issue inspired by criminals within the Rwandan State apparatus in the name of combating the “abuse of universal jurisdiction”, African Heads of States should have showed more attention and responsibility by bringing Paul Kagame to respond of those violations and decide means and ways to prevent any other attempt from Rwanda.

6. The AU decision will produce serious and negative impacts on political, social and economic development in Rwanda and in the Great Lakes Region, will jeopardize any chance of success of a non-violent and inclusive approach to Rwandan creeping crisis and will definitely and completely legitimate the use of violent means as the only effective and efficient way to end the impunity that African Heads of States provided to criminals within the RPF government and military, by colluding with them.

7. The UDF-Inkingi request the Chairperson of the African Union and the Chairperson of the AU Commission, all other African Heads of States, the EU States and the UN leaders to act with responsibility by dissociating the requests of Rwanda as a State, from those of criminals within its military or political apparatus, to help Rwandans isolate all criminals among them, irrespective of their political background, and help the judicial actions follow their course.

8. The UDF-Inkingi ask all Rwandans to cooperate with the French, the Spanish and all other national judicial authorities that show independency and impartiality and comply with the objectives of an equitable trial. On the contrary, the UDF-Inkingi call upon all Rwandans not to cooperate with any national or international judiciary instance that lacks impartiality or independency, especially those of African States that may refuse to execute the warrants and those of EU States that may observe a moratorium on those warrants.

Criminals within the Rwandan government got more and more aggressive instead of showing to Rwandans and to the rest of humanity, humility and search for forgiveness. They are using the Rwandan government both in national, regional and international arenas through military, diplomatic and political means to cover-up their crimes and to secure for themselves a total impunity. Therefore, the UDF-Inkingi urge all Rwandans to keep mobilizing and organizing, so that we isolate all criminals within our country, irrespective of their ethnic or political backgrounds, for a people’s protracted uprising for a change of government in Rwanda by all legitimate means.

Brussels, 05 July 2008
Dr Jean-Baptiste MBERABAHIZI
Secretary General and spokesperson
(Signed)