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ACTION AF-01
DAR ES 02981 01 OF 04 081322Z
OASY-00 DODE-00 DOEE-00 EUR-01
INFO LOG-00 CIAE-00 C-01
L-03
10-19
TEDE-00 INR-00
H-01
HA-09
E-01
NSAE-00 NSCE-00 01C-02 OMB-01 PA-01
ADS-00 M-01
SR-00
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RP-10
PRS-01 P-01
PM-02
USIE-00 FMP-00 CORE-00
TRSE-00 T-00
SSO-00 SS-00
/057W
SNIS-00 NISC-02
C891A7 081323Z /38
0 081313Z JUN 93
FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 1606
AMEMBASSY KIGALI PRIORITY
USMISSION USUN NEW YORK PRIORITY
AMEMBASSY KAMPALA PRIORITY
AMEMBASSY BUJUMBURA PRIORITY
AMEMBASSY ADDIS ABABA PRIORITY
AMEMBASSY BRUSSELS PRIORITY
AMEMBASSY PARIS PRIORITY
AMEMBASSY BAMAKO PRIORITY
USCINCEUR VAIHINGEN GE PRIORITY
AMEMBASSY BONN PRIORITY
AMEMBASSY BRAZZAVILLE PRIORITY
AMEMBASSY DAKAR PRIORITY
AMEMBASSY LAGOS PRIORITY
AMEMBASSY LIBREVILLE PRIORITY
AMEMBASSY NAIROBI PRIORITY
USMISSION GENEVA PRIORITY
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DAR ES 02981 01 OF 04 081322Z
LIMITED OFFICIAL USE SECTION 01 OF 04 DAR ES SALAAM 02981
STATE FOR AF/C-FULLER, AF/RA, RP
ALSO PARIS FOR PERLOW, BRUSSELS FOR DUBROW, GENEVA
FOR RMA
E.O. 12356: N/A
TAGS: PREF, PREL, MOPS, PGOV, OAU, RW, TZ
SUBJECT: ARUSHA PEACE TALKS: PARTIES CONCLUDE
PROTOCOL ON REFUGEE REPATRIATION AND
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: HARRY R MELONE
DATE/CASE ID: 13 DEC 2006 200103014
UNCLASSIFIED
UNCLASSIFIED
REINTEGRATION OF DISPLACED
THE FOLLOWING REPORT WAS PROVIDED BY THE US OBSERVER
AT THE ARUSHA TALKS, JOYCE LEADER.
1. SUMMARY: REFUGEE TALKS CONCLUDED JUNE 7 WITH
PRESENTATION OF A PROTOCOL THAT RETAINS THE REGIONAL
FRAMEWORK FOR DURABLE SOLUTIONS TO THE RWANDAN
REFUGEE PROBLEM. THE TALKS PROCEEDED SMOOTHLY
DESPITE RPF INITIAL EFFORTS TO LINK THEM TO
OUTSTANDING MILITARY ISSUES AND BOG THEM DOWN OVER
DEMANDS ON LAND AND LANGUAGE. NEIGHBORING COUNTRIES,
AS WELL AS OTHER OBSERVERS, HAILED THE FINAL RESULTS
AND PLEDGED TO SUPPORT THE PROCESS. THE TWO SIDES
CALLED FOR REGIONAL HEADS OF STATE TO REAFFIRM THEIR
DAR DECLARATION COMMITMENT AT THE PEACE ACCORD
SIGNING. END SUMMARY
2. THE FORMAT. NEGOTIATIONS BETWEEN THE GOVERNMENT
AND THE RPF ON REFUGEE MATTERS BEGAN JUNE 2 IN
PLENARY SESSION AND CONTINUED JUNE 3 IN PLENARY, WITH
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STATEMENTS OF POSITION FROM THE TWO PARTIES AND
OBSERVERS. FACE TO FACE NEGOTIATIONS BEGAN JUNE 4
AND CONCLUDED WITH THE PRESENTATION OF A FINAL
DOCUMENT TO OBSERVERS IN PLENARY JUNE 7. THE
CEREMONY FOR SIGNING THE PROTOCOL ON REFUGEE RETURN
AND THE REINTEGRATION OF DISPLACED PERSONS WILL
PROBABLY TAKE PLACE THE AFTERNOON OF JUNE 8.
3. THE ISSUES: LAND AND LANGUAGE. FACE TO FACE
NEGOTIATIONS TURNED ON THE ISSUES OF LAND AND
LANGUAGE. THE RPF, AS ANNOUNCED BY DELEGATION HEAD
BIZIMUNGU IN A STINGING SPEECH AS THE OPENING
PLENARY, ARGUED THAT THE COUNTRY HAS A RESPONSIBILITY
TO MAKE AVAILABLE FOR SETTLEMENT OF RETURNING
REFUGEES ALL LAND INCLUDING THE NATIONAL PARK. THE
RPF DEMANDED THAT ENGLISH BE MADE A NATIONAL LANGUAGE
ON GROUNDS THAT FORCING RETURNEES TO WORK IN FRENCH
WOULD SUBJECT THEM TO FURTHER DISCRIMINATION.
AFTER HAGGLING FOR A DAY AND A HALF, THE RPF ACCEPTED
COMPROMISE FORMULAS ON BOTH ISSUES. THE REPATRIATION
IMPLEMENTATION COMMISSION WILL IDENTIFY SETTLEMENT
SITES FROM ALL UNOCCUPIED LAND, TAKING ENVIRONMENTAL
UNCLASSIFIED
UNCLASSIFIED
AND ECOLOGICAL FACTORS INTO ACCOUNT. LACK OF
KNOWLEDGE OF FRENCH OR KINYARWANDA WILL NOT
CONSTITUTE AN OBSTACLE TO RECRUITMENT INTO THE CIVIL
SERVICE. INTENSIVE LANGUAGE COURSES AS WELL AS
TRANSLATION AND INTERPRETATION SERVICES WILL BE MADE
AVAILABLE AS NEEDED FOR THREE YEARS.
ON PROPERTY CLAIMS, THE TWO SIDES APPARENTLY HAD NO
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DIFFICULTY RECONCILING THEIR VIEWS. THE GOR ACCEPTED
THE RIGHT OF REFUGEES TO PROPERTY THEY LEFT. THE RPF
AGREED, HOWEVER, TO JOIN THE GOVERNMENT IN
RECOMMENDING AGAINST CLAIMS BY PERSONS ABSENT FROM
THE COUNTRY FOR MORE THAN 10 YEARS. IN COMPENSATION,
THE GOR IS TO MAKE LAND AND REINSTALLATION ASSISTANCE
AVAILABLE. RPF LEADER MAZIMPHAKA CONFIRMED IN HIS
INTERVENTION WHAT HE HAD EARLIER TOLD U.S. OBSERVER:
RPF POLICY IS TO DISCOURAGE RETURNEES FROM RECLAIMING
CONFISCATED ASSETS IN FAVOR OF COMPENSATION.
4. THE FINAL DOCUMENT. THE 12-PAGE "PROTOCOL OF
AGREEMENT ON RWANDAN REFUGEES AND REINSTALLATION OF
DISPLACED PERSONS" (POUCHED TO AF/C FROM EMBASSY
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H-01
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01C-02
OMB-01
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SS-00
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NISC-02
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T-00
SR-00
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USIE-00 FMP-00 CORE-00
C891E0 081324Z /38
0 081313Z JUN 93
FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 1607
AMEMBASSY KIGALI PRIORITY
USMISSION USUN NEW YORK PRIORITY
AMEMBASSY KAMPALA PRIORITY
AMEMBASSY BUJUMBURA PRIORITY
AMEMBASSY ADDIS ABABA PRIORITY
AMEMBASSY BRUSSELS PRIORITY
AMEMBASSY PARIS PRIORITY
AMEMBASSY BAMAKO PRIORITY
USCINCEUR VAIHINGEN GE PRIORITY
AMEMBASSY BONN PRIORITY
AMEMBASSY BRAZZAVILLE PRIORITY
AMEMBASSY DAKAR PRIORITY
AMEMBASSY LAGOS PRIORITY
AMEMBASSY LIBREVILLE PRIORITY
AMEMBASSY NAIROBI PRIORITY
USMISSION GENEVA PRIORITY
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DAR ES 02981 02 OF 04 081323Z
LIMITED OFFICIAL USE SECTION 02 OF 04 DAR ES SALAAM 02981
STATE FOR AF/C-FULLER, AF/RA, RP
ALSO PARIS FOR PERLOW, BRUSSELS FOR DUBROW, GENEVA
FOR RMA
E.O. 12356: N/A
TAGS: PREF, PREL, MOPS, PGOV, OAU, RW, TZ
SUBJECT: ARUSHA PEACE TALKS: PARTIES CONCLUDE
PROTOCOL ON REFUGEE REPATRIATION AND
REINTEGRATION OF DISPLACED
DAR), IS ROUGHLY EQUIVALENT IN STRUCTURE AND CONTENT
TO THE DOCUMENT TABLED BY THE GOR AT THE START OF THE
TALKS. THE FEW CHANGES REFLECT RPF CONCERNS
DESCRIBED ABOVE AND SOME IDEAS THE TWO SIDES PICKED
UP IN CONSULTATIONS WITH UNHCR.
UNCLASSIFIED
UNCLASSIFIED
THE PROTOCOL REAFFIRMS THE VOLUNTARY NATURE OF
REPATRIATION AND MAINTAINS THE OVERALL FRAMEWORK OF
THE 1991 DAR ES SALAAM DECLARATION ON RWANDAN
REFUGEES. IT CALLS FOR THE GOVERNMENT TO ESTABLISH A
REPATRIATION IMPLEMENTATION COMMISSION COMPRISED OF
GOVERNMENT REPRESENTATIVES, UNHCR, OAU AND REFUGEES.
TRIPARTITE ACCORDS, BETWEEN THE GOR, COUNTRY OF
ASYLUM AND UNHCR, WILL ADDRESS REPATRIATION
MODALITIES. UNHCR AND THE OAU ARE ASKED TO ORGANIZE
A DONOR'S CONFERENCE. THE PROPOSED TIMETABLE WOULD
HAVE THE DONOR CONFERENCE HELD, THE TRIPARTITE
ACCORDS CONCLUDED, AND PREPARATION OF REINSTALLATION
SITES BEGUN WITHIN SIX MONTHS OF THE FORMATION OF THE
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BROAD-BASED GOVERNMENT ORGANIZED AT ANYTIME AFTER THE
SIGNING OF THE PEACE ACCORD.
AS EXPECTED, THE PROTOCOL MENTIONS ONLY BRIEFLY THE
OPTIONS OF REFUGEES STAYING IN HOST COUNTRIES. IT
CALLS FOR THE NEW GOVERNMENT TO CONCLUDE BILATERAL
ACCORDS WITH ASYLUM COUNTRIES TO PROTECT THOSE
RWANDANS WHO WISH TO STAY AS IMMIGRANTS. IT STATES
THAT THESE IMMIGRANTS WILL ENJOY THE SAME RIGHTS AS
RWANDAN CITIZENS.
COMMENT: IN HIS INTERVENTION FOLLOWING
REPRESENTATION OF THE PROTOCOL, THE GOR FOREIGN
MINISTER REFERRED TO THESE AGREEMENTS AS TRIPARTITE,
IMPLYING UNHCR PARTICIPATION. END COMMENT.
ON DISPLACED, MEANING FROM THE ZONE OCCUPIED BY THE
RPF, THE PROTOCOL CALLS FOR THEIR REINSTALLATION
FOLLOWING FORMATION OF THE BROAD-BASED GOVERNMENT,
DISENGAGEMENT OF FORCES IN THE COMBAT ZONE, AND
DEMINING. TO THE EXTENT POSSIBLE, RETURN OF THE
DISPLACED WOULD BE COORDINATED WITH RETURN TO THE
SAME AREA OF REFUGEES WHO FLED DURING THE WAR TO
UGANDA.
UNHCR, THE OAU AND SOME OBSERVERS HAILED THE DOCUMENT
AS "HISTORIC." THE U.S. OBSERVER SAID IT
DEMONSTRATED THE ABILITY OF THE TWO SIDES TO REACH
REASONABLE SOLUTIONS ON THORNY ISSUES, ARGUING WELL
FOR THE IMPLEMENTATION OF THIS AND OTHER PROTOCOLS.
5. UNHCR ROLE. UNHCR HAD TWO OBSERVERS PRESENT FROM
UNCLASSIFIED
UNCLASSIFIED
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GENEVA AND THE DAR ES SALAAM REPRESENTATIVE. THEY
PLAYED AN IMPORTANT ROLE AS RESOURCE PERSONS BOTH IN
PLENARY SESSIONS AND IN PRIVATE CONSULTATIONS WITH
THE TWO SIDES. THEIR INPUT WAS VALUABLE IN KEEPING
THE TWO SIDES FOCUSED ON PRINCIPLES RATHER THAN ON
DETAILS THAT MUST AWAIT THE PEACE SETTLEMENT AND
UNHCR'S REPATRIATION CENSUS. UNHCR ALSO DEFLECTED
THE NUMBERS ISSUE, NOTING THAT THE ISSUE FOR
REPATRIATION IS NOT THE TOTAL NUMBER OF REFUGEES, BUT
THE NUMBER WHO REGISTER FOR RETURN. UNHCR IS PLEASED
WITH THE OUTCOME AND AWARE THAT IT WILL HAVE TO MOVE
QUICKLY ONCE A PEACE SETTLEMENT IS SIGNED.
6. ROLE OF NEIGHBORING COUNTRIES. TANZANIA'S
OFFICIAL RESPONSIBLE FOR REFUGEE AFFAIRS, WHO CHAIRED
THE PLENARY SESSIONS, MADE A BRIEF BUT POSITIVE
STATEMENT. HE NOTED THAT NATURALIZATION FEES HAVE
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DAR ES 02981 03 OF 04 081324Z
OASY-00 DODE-00 DOEE-00 EUR-01
INFO LOG-00 CIAE-00 C-01
L-03
TEDE-00 INR-00 10-19
H-01
HA-09
E-01
NSAE-00 NSCE-00 01C-02 OMB-01 PA-01
ADS-00 M-01
SR-00
SNP-00 SP-00
RP-10
PRS-01
P-01
PM-02
USIE-00
FMP-00
CORE-00
TRSE-00 T-00
SSO-00 SS-00
/057W
SNIS-00 NISC-02
C891FC 081325Z /38
0 081313Z JUN 93
UNCLASSIFIED
UNCLASSIFIED
FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 1608
AMEMBASSY KIGALI PRIORITY
USMISSION USUN NEW YORK PRIORITY
AMEMBASSY KAMPALA PRIORITY
AMEMBASSY BUJUMBURA PRIORITY
AMEMBASSY ADDIS ABABA PRIORITY
AMEMBASSY BRUSSELS PRIORITY
AMEMBASSY PARIS PRIORITY
AMEMBASSY BAMAKO PRIORITY
USCINCEUR VAIHINGEN GE PRIORITY
AMEMBASSY BONN PRIORITY
AMEMBASSY BRAZZAVILLE PRIORITY
AMEMBASSY DAKAR PRIORITY
AMEMBASSY LAGOS PRIORITY
AMEMBASSY LIBREVILLE PRIORITY
AMEMBASSY NAIROBI PRIORITY
USMISSION GENEVA PRIORITY
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DAR ES 02981 03 OF 04 081324Z
LIMITED OFFICIAL USE SECTION 03 OF 04 DAR ES SALAAM 02981
STATE FOR AF/C-FULLER, AF/RA, RP
ALSO PARIS FOR PERLOW, BRUSSELS FOR DUBROW, GENEVA
FOR RMA
E.O. 12356: N/A
TAGS: PREF, PREL, MOPS, PGOV, OAU, RW, TZ
SUBJECT: ARUSHA PEACE TALKS: PARTIES CONCLUDE
PROTOCOL ON REFUGEE REPATRIATION AND
REINTEGRATION OF DISPLACED
BEEN DRASTICALLY REDUCED (TO ABOUT USD 7.00), MAKING
THIS A VIABLE OPTION FOR RWANDAN REFUGEES, MOST OF
WHOM APPEAR TO WANT TO STAY IN TANZANIA. HE ALSO
PROPOSED THAT "ILLEGAL" RWANDANS WHO HAD NOT YET BEEN
REPATRIATED BE CONSIDERED REFUGEES.
UGANDA'S OBSERVER, IN A PLENARY COMMENT AS OPPOSED TO
AN OFFICIAL STATEMENT, MADE A SCATHING ATTACK ON THE
GOVERNMENT OF RWANDA FOR "UNJUSTIFIED ALLEGATIONS"
VILIFYING UGANDA AS HAVING A ROLE IN THE WAR. HE
SAID THE GOR WOULD HAVE ONLY ITSELF TO BLAME IF
UNCLASSIFIED
UNCLASSIFIED
UGANDA WERE FORCED INTO A POSITION OF TAKING NEGATIVE
STEPS AGAINST REFUGEES WHO STAY. HE SUBSEQUENTLY
HAILED THE PROTOCOL AND REAFFIRMED UGANDA'S
WILLINGNESS TO ASSIST AND FACILITATE RETURN AND TO
CONTINUE TO EXTEND HOSPITALITY TO THOSE WHO PREFER TO
REMAIN. HE HAD TOLD U.S. OBSERVER EARLIER THAT
NATURALIZATION AND PERMANENT RESIDENCE WOULD PROBABLY
BE POSSIBLE.
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DAR ES 02981 03 OF 04 081324Z
AT THE CONCLUDING PLENARY, BURUNDI'S OBSERVER
REAFFIRMED GOB SUPPORT FOR A SOLUTION TO THE RWANDAN
PROBLEM. HE HAD TOLD U.S. OBSERVER EARLIER THAT
NATURALIZATION AND IMMIGRATION WOULD BE AVAILABLE
OPTIONS TO RWANDAN REFUGEES WHO CHOSE NOT TO
REPATRIATE.
ROLE OF REFUGEE REPRESENTATIVES. UNHCR BROUGHT TO
ARUSHA FOR THE REFUGEE TALKS REFUGEE REPRESENTATIVES
FROM TANZANIA, BURUNDI, UGANDA, AND KENYA. AT THE
OPENING PLENARY, THEIR SPOKESPERSON EMPHASIZED THE
IMPORTANCE OF INTERNAL SECURITY AS A PRECONDITION TO
REFUGEE RETURN. SIGNIFICANTLY, HE APPEALED TO ASYLUM
COUNTRIES TO GIVE REFUGEES TIME TO MAKE REPATRIATION
ARRANGEMENTS AND CAUTIONED AGAINST CONFISCATING
REFUGEE PROPERTY OR FORCING THEM BACK ONCE A PEACE
ACCORD IS SIGNED. LATER, HE EXPRESSED APPRECIATION
TO THE TWO SIDES FOR INVOLVING REFUGEES IN THE
PLANNING AND IMPLEMENTATION OF REPATRIATION THROUGH
THE IMPLEMENTATION COMMISSION.
7. U.S. STATEMENT. THE U.S. OBSERVER MADE A
STATEMENT AT THE PLENARY THAT REAFFIRMED U.S. SUPPORT
FOR A DURABLE SOLUTION TO THE RWANDAN REFUGEE PROBLEM
AND FOR THE REGIONAL FRAMEWORK ESTABLISHED IN THE
1991 DAR DECLARATION. SHE URGED BOTH PARTIES TO
UPHOLD THE PRINCIPLE OF VOLUNTARY REPATRIATION,
ENCOURAGED COORDINATED PLANNING AND ASSISTANCE,
SUGGESTED FLEXIBILITY ON TIMING OF REFUGEE RETURN,
AND STRESSED THE IMPORTANCE OF INVOLVING UNHCR. SHE
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URGED THE GOR TO ESTABLISH AN INTERNAL SECURITY
CLIMATE CONDUCIVE TO REFUGEE RETURN AND CALLED ON
NEIGHBORING COUNTRIES TO COOPERATE WITH RWANDA IN
IMPLEMENTING DURABLE SOLUTIONS (TO BE FAXED TO AF/C).
8. REAFFIRMATION OF DAR DECLARATION. AS A CODA TO
HIS READING OF THE PROTOCOL AT THE CONCLUDING
PLENARY, RPF HEAD BIZIMUNGU ASKED THAT THE
FACILITATOR CONVENE AT THE PEACE ACCORD SIGNING A
REGIONAL SUMMIT SO THE HEADS OF STATE COULD REAFFIRM
THE COMMITMENTS THEY HAD MADE IN THE 1991 DAR
DECLARATION TO FACILITATE A DURABLE SOLUTION TO THE
RWANDAN REFUGEE PROBLEM. AT THE SAME TIME HE
PREVAILED ON HOST COUNTRIES TO FACILITATE THE
REPATRIATION PROCESS AS WELL AS THE ACCEPTANCE OF
THOSE WHO WISH TO REMAIN. HE ALSO CALLED ON THE
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DAR ES 02981 04 OF 04 081324Z
INFO LOG-00 CIAE-00 C-01
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SR-00
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RP-10
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FMP-00
CORE-00
T-00
C89208 081325Z /38
O 081313Z JUN 93
FM AMEMBASSY DAR ES SALAAM
TO SECSTATE WASHDC IMMEDIATE 1609
AMEMBASSY KIGALI PRIORITY
USMISSION USUN NEW YORK PRIORITY
AMEMBASSY KAMPALA PRIORITY
UNCLASSIFIED
UNCLASSIFIED
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
USCINCEUR
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
AMEMBASSY
USMISSION
BUJUMBURA PRIORITY
ADDIS ABABA PRIORITY
BRUSSELS PRIORITY
PARIS PRIORITY
BAMAKO PRIORITY
VAIHINGEN GE PRIORITY
BONN PRIORITY
BRAZZAVILLE PRIORITY
DAKAR PRIORITY
LAGOS PRIORITY
LIBREVILLE PRIORITY
NAIROBI PRIORITY
GENEVA PRIORITY
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DAR ES 02981 04 OF 04 081324Z
LIMITED OFFICIAL USE SECTION 04 OF 04 DAR ES SALAAM 02981
STATE FOR AF/C-FULLER, AF/RA, RP
ALSO PARIS FOR PERLOW, BRUSSELS FOR DUBROW, GENEVA
FOR RMA
E.O. 12356: N/A
TAGS: PREF, PREL, MOPS, PGOV, OAU, RW, TZ
SUBJECT: ARUSHA PEACE TALKS: PARTIES CONCLUDE
PROTOCOL ON REFUGEE REPATRIATION AND
REINTEGRATION OF DISPLACED
INTERNATIONAL COMMUNITY TO SUPPORT IMPLEMENTATION OF
THE REFUGEE PROTOCOL.
COMMENTS: DESPITE BIZIMUNGU'S ATTEMPT IN HIS OPENING
STATEMENT TO LINK REFUGEES RETURN TO SECURITY AND
THUS TO OUTSTANDING MILITARY ISSUES, SECURITY
REMAINED A KEY UNDERLYING CONCERN BUT NOT A MAJOR
TOPIC OF DISCUSSION IN THE REFUGEE TALKS.
ALTHOUGH MENTION OF THE UNDP ROUNDTABLE ON
HUMANITARIAN ASSISTANCE, TARGETED FOR OCTOBER, WAS
DROPPED OUT OF THE PROTOCOL, UNHCR REP TOLD U.S.
OBSERVER UNHCR COULD PROBABLY PRESENT BROAD OUTLINES
OF ITS NEEDS AT THAT TIME. THE CATCH IS THAT UNHCR
WOULD NEED TO KNOW RETURNEE NUMBERS BEFORE IT COULD
SOLICIT FUNDS EVEN FOR SITE PREPARATION.
UNCLASSIFIED
UNCLASSIFIED
THE REFUGEE PROTOCOL IS AN EXCELLENT DOCUMENT THAT
WILL PROVIDE A USEFUL GUIDE TO THE REPATRIATION
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PROCESS. THE BREVITY OF THE TALKS IS DUE IN LARGE
PART TO GOR PARTICIPATION AND TO UNHCR'S ABILITY TO
KEEP THE PARTIES FROM DIGRESSING INTO POLICY DETAILS
THAT CANNOT BE ADDRESSED NOW. END COMMENTS.
BROWNING
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