Ensuring soldiers have legal access to financial resources is crucial for the state to fulfil its primary mission: retain the monopoly of violence. As seen in the Democratic Republic of Congo, difficulties providing soldiers with adequate resources may result in deteriorating discipline, corruption, defection, and human rights abuses. Rwanda after the genocide faced the difficult task of paying its soldiers. The post-1994 situation made this challenge inescapable. The Rwandan Patriotic Front (RPF) took power in a ruined country. The economy was entirely destroyed, and fleeing officials of the previous regime had emptied state coffers. The resources to pay soldiers were virtually non-existent. In addition, following the RPF victory, many families returned from exile to Rwanda. Consequently, soldiers of the Rwandan Patriotic Army (RPA, the armed wing of the RPF) were not just guerrilla fighters anymore: they became fathers, husbands, or brothers again. This new financial burden on soldiers’ shoulders created a form of indiscipline largely unknown until then in the RPA’s ranks. In addition, the meagre salaries were made in cash, transported by intermediaries from the Ministry of Defence to soldiers, which multiplied the opportunities for embezzlement and the creation of ‘ghost soldiers’. Worse, the opportunities for soldiers to borrow money were extremely limited at the time. Many had no property in Rwanda and consequently no collateral to offer to the few banks still functioning.
The year 2002 marked the initiation of discussions concerning the suitability of invoking Article 1C(5) of the 1951 Convention Relating to the Status of Refugees to deal with the protracted Rwandan refugee caseload. This Article permits a declaration by countries and UNHCR that ‘the circumstances in connexion with which he [the refugee] has been recognised as a refugee have ceased to exist’, and therefore ‘he can no longer…continue to refuse to avail himself of the protection of the country of his nationality.’ In short, the ‘ceased circumstances’ Cessation Clause constitutes an international validation of positive change in post-conflict governance and the meaningful re-establishment of the citizen-state bond, as well as providing a legal normative framework for the repatriation of former refugees. It is easy to see why the GoR so earnestly pushed for the invocation of the Cessation Clause throughout the Noughties. Internal and external legitimacy was waning under the weight of mounting evidence that domestic politics was partisan and exclusionary at best, authoritarian and murderous at worst. The regime wanted to repatriate potential opponents back to within the state’s jurisdiction. Achieving international consensus over the suitability of refugees returning to Rwanda was thus a potential way to refute accusations concerning human rights abuses within the country, and to exercise more control over possible critics. Controversially, the High Commissioner for Refugees announced support for the cancellation of status for all Rwandan refugees by the end of 2011. After seven years of lobbying and contestation, this therefore constituted a major victory for the RPF.