My
name is Louise Mushikiwabo. I was born and raised in Rwanda,
where I graduated from the National University of Rwandas
Foreign Languages department. In the summer of 1985, I got
a job teaching English at Lycée de Kigali High School
in the capital. In 1986, at the age of 24, I received a scholarship
from the University of Delaware to pursue graduate studies
in French and Conference Interpretation. After graduation,
I got a job working in public relations in Washington, D.C.
Thats what I was doing in 1994 when, on April 6, an
airplane carrying Juvenal Habyarimana, the president of Rwanda,
was shot down.
In
the wake of the shooting, the nationalist Hutu militia in
Rwanda, the Interahamwe, went on deadly rampage across the
country, slaughtering members of the Tutsi ethnic group and
any moderate Hutus who might have sympathized with them. Over
the next three months, they murdered somewhere between 500,000
and a million people, including most of my family.
My
life, as you might imagine, was turned upside down. I came
from a middle-class Tutsi family with no political ties until
1991, when one of my brothers, a University professor named
Lando Ndasingwa, decided to join the pro-democracy movement.
Eventually he became the governments Minister of Labor
and Social Affairs, and was the only Tutsi in the cabinet
when the genocide started. He had been active in trying to
facilitate the return of Tutsi refugees living in neighboring
Uganda and was always vocal on behalf of equal treatment for
the countrys minority groups. Thus, I feared that he
might be one of the Interahamwes primary targets. My
fear was borne out.
As
news reports trickled in that the Interahamwe were hacking
people to death with machetes, I feared the worst. I was on
the phone day and night with my family. But early in the morning
Washington time on April 7, the phone lines to all of my relatives
in Rwanda went dead. The following day I read in a wire story
that my brother was missing and presumed dead. I was devastated.
But what I did not know was that my brother was not the only
one I lost. The Interahamwe also killed my mother, two other
brothers, one of my nieces, five nephews and two of my sisters-in-law.
As
best as I have been able to piece together, this is what happened.
In the first days of April, my mother went for an extended
visit with my brother at the home he shared with his Canadian
wife and their two children. The home was located in the Kimihurura
neighborhood, not far from a base of the Presidential Guard,
the Rwandan military elite unit. Knowing the sensitive position
my brother and other moderate politicians were in, the UN
Mission in Rwanda had placed armed guards in front of their
homes. But, on the morning of April 7, as elements of the
Presidential Guard approached, the Ghanaian blue helmets stationed
at the house fled. Within the hour, the soldiers entered the
house and murdered everyone inside.
Across
town, Rwandan soldiers entered my sisters house and
ordered her and her husband to go to the police station for
questioning. Belgian troops took her children to a near-by
school called ETO for safekeeping, where about 3,000 Tutsi
had sought UN protection. My sister and her husband were subsequently
released, and went into hiding with some Hutu neighbors for
about a month. Their children, however, would not be so lucky.
The
Belgian peacekeepers were ordered to evacuate Rwanda and,
on April 11, they left the ETO school, leaving the 3,000 people
inside to fend for themselves against the Interahamwe. As
soon as they left, the killers entered the school and immediately
targeted my nephew as "a relative of the Inyenzi-in-Chief,
Lando." With the killers in hot pursuit, my nephew ran
toward a nearby house for shelter, but the owner slammed the
gate closed and refused to let him in. The Interahamwe hacked
him to death on the spot. The 3,000 others who had been hiding
in the school fled about two kilometers up Nyanza Hill, but
the Interahamwe soldiers soon found and killed them, too,
using machetes, sticks, hand grenades, and guns.
Interahamwe
soldiers also burst into the home of my other brother. He
begged them not to kill him with machetes, so they agreed
to shoot him, but only if he could pay for the bullets. He
did not have much cash on him, so he offered them his refrigerator,
an iron, and several other appliances. Satisfied, they led
him outside and shot him. His children, who recounted this
story to me, managed to escape and hid in near-by farms for
several days before they were rescued by the Rwandese Patriotic
Front. His wife, however, got separated from the children
during the escape. Her remains were found two years later
in a near-by house that was burnt by the Interahamwe.
*
* *
A
few months after the genocide, the UN Security Council set
up a war crimes tribunal to prosecute those responsible for
committing the atrocities in Rwanda. It goes without saying
that many Rwandans, myself included, had felt betrayed by
the United Nations inaction before and during the genocide.
Nonetheless, I had high expectations for the International
Criminal Tribunal for Rwanda (ICTR). However, I was to be
sorely disappointed.
To
begin with, the United Nations established the Tribunal not
in Rwanda where victims of the genocide could follow proceedings,
but across the border in Arusha, Tanzania. Although this was
done for security reasons, the remoteness meant that ordinary
Rwandans would remain totally unaware of the legal process
taking place. To make matters worse, the Tribunal announced
that it planned to conduct its trials in English and French,
not Kinyarwanda, so that even if Rwandans wanted to follow
the trials, they could not. Thus
it seemed the ICTR was operating with total disregard for
the very people it was meant to serve by ignoring our language
and culture, not to mention our feelings toward the United
Nations.
Nonetheless,
I was thrilled when, a year after its creation, the ICTR issued
its first indictments. Even more heartening was that unlike
the UN Tribunal for the former Yugoslavia, the ICTR was actually
able to gain custody of much of the Hutu leadership responsible
for the genocide. However, my fellow Rwandans and I were appalled
when we heard about how the accused would be treated in UN
custody. At a time when most Rwandans were living in poverty
and struggling just to get enough to eat every day, those
responsible for the genocide were living in spotlessly clean
facilities, were served three meals a day, and had access
to telephones, the Internet, and a gym. Moreover, we were
told that the accused enjoyed a principle called "presumption
of innocence," and therefore should not be called "prisoners."
We also learned that their families were given UN protection.
Sometime
in 1999, Radio Rwanda announced that the ICTR was going to
release Jean-Bosco Barayagwiza, one of the masterminds of
the genocide. Apparently the United Nations had violated his
rights by holding him in detention for too long before he
was able to appear before the court. I could not even dare
explain what that meant to many friends and relatives in Rwanda
who called and wrote to ask me what was going on. The United
Nations had done nothing to protect us from the Interahamwes
deadly rampage, and now it was releasing one of the men responsible
for it. For me, Barayagwizas release held a particular
irony because I had successfully sued him in Federal District
Court in New York back in May 1994, under the Alien
Tort Claims Act, with the help of Human Rights
Watch. I was able to pursue some form of justice through the
American courts, yet a court set up by the United Nations
specifically to prosecute war crimes in Rwanda seemed unable
to mete out justice.
My
disappointment with ICTR culminated in the fall of 1998, when
I was invited by a member of Congress to attend a briefing
on the Rwandan genocide by a former investigator for the ICTR.
The investigator explained how on February 17, 1994, a military
intelligence officer sent a memorandum to the commander of
the troops in Rwanda, General Romeo Dallaire, informing him
of a plot to assassinate two prominent Rwandans who had been
involved in the peaceful transition of power in 1994. One
was Joseph Kavaruganda, then president of the Constitutional
Court of Rwanda. The other was Lando Ndasingwa, leader of
the Liberal Party, my brother. That meant that the UN mission
knew that my brother had been targeted for assassination as
early as February 1994, but did not inform him. And not only
that, but when UN investigators interviewed my sister and
me after his death, they didnt tell us what they knew.
Shortly
after learning of the memorandum, I filed suit against the
United Nations with the help of Geoffrey Robertson, a prominent
British Human Rights lawyer. It was not an easy legal process
to undertake because the United Nations has sovereign immunity
and can only be sued by states, not private citizens. However,
we wrote to the UN Legal department in New York in the hope
of seeking compensation for gross negligence because my brother
and his family were murdered while they were under UN protection.
Over the last year, we have been exchanging correspondence
in which the UN disputes its responsibility in the incident.
At this juncture, we are looking at other ways to move our
case forward.
Despite
all of this, however, I still feel the work of ICTR is extremely
important for my country. Since its establishment, it has
secured the arrest of over 40 people accused of involvement
in the 1994 genocide in Rwanda and tried several of the top
leaders, including Jean Kambanda, the former Prime Minister,
and Jean-Paul Akayesu, the former mayor of Taba. They were
the first people ever to be sentenced by an international
criminal court for genocide. In so doing, the court has established
several precedents in international law, which may have implications
for courts all over the world. Thus, I feel it is extremely
important for Rwandans to be aware of ICTRs legal proceedings.
To assist in that effort, I have been working as a consultant
to the Internews Network, a non-profit organization, which
is working on a multi-media project aimed at informing Rwandans
about ICTRs
proceedings. I helped translate their documentary, "Genocide
on Trial," into Kinyarwanda. In the coming months, it
will be shown across Rwanda by a traveling video van, from
which ordinary Rwandans will be able to watch and give feedback.
It is my hope that the justice the United Nations is slowly
meting out may someday have an impact on my country and other
troubled spots around the world.
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