This year’s Kwibuka marks a milestone. It’s now a quarter century since the 1994 Genocide against the Tutsi. A whole generation has been born during that time. And, as they are getting born, the further the distance in years from the tragedy the more its lessons are likely to fade. Already, in the commemorative forums that have taken place, it has been emphasised how the youth and succeeding generations must own the memory of the Genocide as custodians of their own secure and prosperous future – that, “never again”. Kwibuka25is officially being observed from tomorrow and aptly themed around the youth reminding them to keep their history. Note also that the day falls on a Sunday; it is the only public holiday observed in the country in the sombreness of the situation that is not replaced on a working day when it falls on a weekend. The world will be commiserating with the country. 7th April was designated in 2003 as the International Day of Reflection on the 1994 Genocide against the Tutsi in Rwanda. Further, in September 2015, the UN General Assembly established the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime. The Day, observed on 9th December, is also the anniversary of the adoption of the 1948 Genocide Convention. It is imperative that the youth and all of us anywhere in the world should be invested in the memory of the various genocides – the 1915 Armenian Genocide, Jewish Holocaust during the Second World War, the Cambodian genocide under the Khmer Rouge. Investing in the memory is especially urgent as we grapple with the increasing rise of populist and divisive movements around the world. During the 70th anniversary commemoration of the Genocide Convention last year, the UN Secretary-General Antonio Guterres noted how the prevention of genocide remains a cardinal task for our time. He called for a reaffirmation of our commitment to upholding the equality and dignity of all, especially at this time “of rising anti-Semitism, anti-Muslim bigotry and other forms of hatred, racism and xenophobia.” By this, he is reminding us that while conflict has many causes, genocidal conflict is identity-based. Research shows that genocide and related atrocities tend to occur in societies with diverse national, racial, ethnic or religious groups that are locked in identity-related conflicts. It is not simply differences in identity, whether real or perceived, that generate conflict, but the implication of those differences in terms of access to power and wealth, services and resources, employment, development opportunities, citizenship and the enjoyment of fundamental rights and freedoms. These conflicts are fomented by discrimination, hate speech inciting violence and other violations of human rights. To counter these, the Convention establishes on State Parties the obligation to take measures to prevent and punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators. That obligation, in addition to the prohibition not to commit genocide, has been considered as a standard of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention. However, despite predictions of the “event history model” on the high probability of the next genocide, some countries are yet to ratify the Genocide Convention. As of January 2019, 150 states had ratified or acceded to the Genocide Convention. 44 countries are yet to do so. Of these, 20 are African states, 17 are Asian and 7 from the Americas. Recall the Responsibility to Protect (R2P) accord at the 2005 UN World Summit in which all UN Member States committed to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, as well as their incitement. They agreed that when States require assistance to fulfil that responsibility, the international community must be ready to assist them and when States manifestly fail to protect their populations from those crimes, the international community must be ready to take action, collectively, in accordance with the United Nations Charter. Intervention only happens when prevention fails. Therefore, prevention is the basis of the principle of the responsibility to protect. As the world observes Kwibuka25, it is only fitting that, as has previously been urged by the UN Secretary General and others, States that are not yet party to the Genocide Convention should hasten to ratify or accede to it as a matter of priority in the spirit of R2P. The views expressed in this article are of the author.
