Transcript CONSTITUTION AS A FOUNDATION OF SOCIAL INTEGRATION …

Justice, reconciliation and nationbuilding in post-genocide Rwanda
Brief Background
• Pre-colonial Rwanda: Benevolent feudal
system
• Colonial rule and politics of divide and rule
with assistance of Christian missionaries
• Exploitation of social organization with
emphasis on ethnic divisions- Twa, Hutu, Tutsi
• 1959-Deposition of King and first wave of
massacres against Tutsi, refugees flee into
neighboring countries
Post-colonial order
• Independence 1962 dominated by one group
• Continuation of politics of division on ethnic lines
• Discrimination and denial of rights and harassment and
detention of Tutsis
• More massacres in the 60s and 70s; more refugees
flees into neighboring countries
• Impunity- amnesty for perpetrators of politically
motivated crimes-killings, arson, destroying property
• Beginning of resistance in 80s and war of liberation
1990; attempts peaceful negotiations
Genocide & its aftermath
• Over a million Tutsi and some Hutu perceived as
sympathizers were killed; property looted or
destroyed; international community watched
• Committed by government forces, civilian trained
militias and ordinary people armed with crude
weapons (machetes, hoes etc)
• Genocide stopped by Rwanda Patriotic Front
forces
• Formation of the Government of National Unity
including members of opposition parties.
Objectives of post-genocide justice
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Hold perpetrators accountable
Render justice to victims + reparation
Combat impunity
Promote reconciliation (individual & national)
Preserve/enhance peace
Strengthen rule of law
Effect Institutional reform
Memorialization
ICTR
 International Criminal Tribunal for Rwanda (ICTR)
 Mandate of ICTR
 Prosecute those most responsible (leaders, planners, organizers) to
fight impunity
 Promote peace and reconciliation
 Support capacity building in Rwanda Justice system
 Achievements of ICTR
 High profile prosecutions eg. Former PM, generals, priests- No
impunity for gross Human Rights abuses
 Jurisprudence/precedents- Beneficial to students, scholars and future
judges
 Memory – substantial archives of genocide
LIMITATIONS OF ICTR
 ICTR Limitations
 Slow process: only 70 cases in 20 years disposed of
 Tiny fraction of perpetrators handled by ICTR
 High profile suspects still at large eg. Kabuga –Financier of genocide
 Remote from victims and survivors
Minimal participation; seen as foreign business
 Expense – billion of dollars spent on few cases; better use in Rwanda’s
Development?
 Reconciliation? No visible impact. No remorse by perpetrators
 Those convicted taken far away to serve sentences e.g Mali
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CONVENTIONSL NATIONAL COURTS
 Mandate: prosecution of category 1 suspects
 Planners, organisers, supervisors; People in leadership positions in
government, armed forces
 Those who committed torture and rape
 Limitations:
 Large number of suspects detained (initially 120,000)
 Limited number judges, rooms & other resources
 Procedural limitations; formalism; Adversarial system, no setting for
reconciliation
 Witnesses unwilling to undergo the experience & limited evidence
 Achievements: Modest; just under 10,000 cases in 10years
INDIGENOUS COURTS
 Mandate: Prosecute suspects not covered by conventional courts i.e. those who
killed but not in category 1, other crimes against persons or property
 Nature of Gacaca Courts
 Modernized model of traditional community court
 Combines accountability and reconciliation
 Advantages
 Speedy trials, no procedural delays
 Nearly two million cases heard and determined in eight years
 Less formal. Any adult could participate; intervene and testify on either side;
civic duty to testify if you have information
 Affordable justice – held in villages where offence was committed; travel and
other logistics minimal
BENEFITS OF GACACA
 Truth telling ; preserving memory
 Victims, survivors tell their stories; step to healing
 Accused has right to tell his/her story & be assisted
 Chance victim/family + accused to face each other
 Accused may tell the truth & ask for forgiveness
 Benefit from reduced jail sentence
 Community service as substitute for long jail term
 Reintegration into society;
 Promotion of reconciliation + nation building
 Individual and national ; focus on development
CHALLENGES FACED BY GACACA
 Challenges
 Insecurity of witnesses and survivors
 Survivors Reliving the trauma
 Corruption & other abuse of office
 Reparations Perpetrators- inability to pay
 Government- Limited resources to pay all victims;
Impossible to quantify loss & reparation; FARG- survivor
support fund for most needy;
 Role for international community??
EFFORTS TOWARDS RECONCILIATION
AND NATION BUILDING
• National Unity and Reconciliation Commission;
National Human Rights Commission; Gender
monitoring Commission; National Dialogue
Council
• Abunzi (mediation Committees
• Separation of powers, independent judiciary;
pluralism; Power-sharing; decentralization
• Focus on economic development- improving
agriculture production; one cow per family;
health insurance for all
• Education- free basic education (9 years); TVET
RESULT OF RECONCILIATION EFFORTS
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Perpetrators and victims live side by side
Cooperate in economic and social activities
Feel secure and invest in the future
Focus on youth
Role of everybody to maintain peace, security
Fight resurgence of divisive ideology
Clear evidence of peace security and
economic development.
CONCLUSION
• Rwanda has gone through difficult history of
divisive politics, oppression, discrimination
• Reconstruction, reform, reconciliation
• Recovery, development
• Hope for a bright future
• Largely successful-peace, security, rule of law