1. Justice, reconciliation and nation- building in post-genocide Rwanda

2. 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

3. 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

4. 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.

5. Objectives of post-genocide justice 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

6. ICTR International Criminal Tribunal for Rwanda (ICTR) International Criminal Tribunal for Rwanda (ICTR) Mandate of ICTR Mandate of ICTR Prosecute those most responsible (leaders, planners, organizers) to fight impunity Prosecute those most responsible (leaders, planners, organizers) to fight impunity Promote peace and reconciliation Promote peace and reconciliation Support capacity building in Rwanda Justice system Support capacity building in Rwanda Justice system Achievements of ICTR Achievements of ICTR High profile prosecutions eg. Former PM, generals, priests- No impunity for gross Human Rights abuses High profile prosecutions eg. Former PM, generals, priests- No impunity for gross Human Rights abuses Jurisprudence/precedents- Beneficial to students, scholars and future judges Jurisprudence/precedents- Beneficial to students, scholars and future judges Memory – substantial archives of genocide Memory – substantial archives of genocide

7. LIMITATIONS OF ICTR ICTR Limitations ICTR Limitations Slow process: only 70 cases in 20 years disposed of Slow process: only 70 cases in 20 years disposed of Tiny fraction of perpetrators handled by ICTR Tiny fraction of perpetrators handled by ICTR High profile suspects still at large eg. Kabuga –Financier of genocide High profile suspects still at large eg. Kabuga –Financier of genocide Remote from victims and survivors Remote from victims and survivors Minimal participation; seen as foreign business Minimal participation; seen as foreign business Expense – billion of dollars spent on few cases; better use in Rwanda’s Development? Expense – billion of dollars spent on few cases; better use in Rwanda’s Development? Reconciliation? No visible impact. No remorse by perpetrators Reconciliation? No visible impact. No remorse by perpetrators Those convicted taken far away to serve sentences e.g Mali Those convicted taken far away to serve sentences e.g Mali

8. CONVENTIONSL NATIONAL COURTS Mandate: prosecution of category 1 suspects Mandate: prosecution of category 1 suspects Planners, organisers, supervisors; People in leadership positions in government, armed forces Planners, organisers, supervisors; People in leadership positions in government, armed forces Those who committed torture and rape Those who committed torture and rape Limitations: Limitations: Large number of suspects detained (initially 120,000) Large number of suspects detained (initially 120,000) Limited number judges, rooms & other resources Limited number judges, rooms & other resources Procedural limitations; formalism; Adversarial system, no setting for reconciliation Procedural limitations; formalism; Adversarial system, no setting for reconciliation Witnesses unwilling to undergo the experience & limited evidence Witnesses unwilling to undergo the experience & limited evidence Achievements: Modest; just under 10,000 cases in 10years Achievements: Modest; just under 10,000 cases in 10years

9. 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 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 Nature of Gacaca Courts Modernized model of traditional community court Modernized model of traditional community court Combines accountability and reconciliation Combines accountability and reconciliation Advantages Advantages Speedy trials, no procedural delays Speedy trials, no procedural delays Nearly two million cases heard and determined in eight years 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 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 Affordable justice – held in villages where offence was committed; travel and other logistics minimal

10. BENEFITS OF GACACA Truth telling ; preserving memory Truth telling ; preserving memory Victims, survivors tell their stories; step to healing Victims, survivors tell their stories; step to healing Accused has right to tell his/her story & be assisted Accused has right to tell his/her story & be assisted Chance victim/family + accused to face each other Chance victim/family + accused to face each other Accused may tell the truth & ask for forgiveness Accused may tell the truth & ask for forgiveness Benefit from reduced jail sentence Benefit from reduced jail sentence Community service as substitute for long jail term Community service as substitute for long jail term Reintegration into society; Reintegration into society; Promotion of reconciliation + nation building Promotion of reconciliation + nation building Individual and national ; focus on development Individual and national ; focus on development

11. CHALLENGES FACED BY GACACA Challenges Challenges Insecurity of witnesses and survivors Insecurity of witnesses and survivors Survivors Reliving the trauma Survivors Reliving the trauma Corruption & other abuse of office Corruption & other abuse of office Reparations- Reparations- Perpetrators- inability to pay Perpetrators- inability to pay Government- Limited resources to pay all victims; Impossible to quantify loss & reparation; FARG- survivor support fund for most needy; Government- Limited resources to pay all victims; Impossible to quantify loss & reparation; FARG- survivor support fund for most needy; Role for international community?? Role for international community??

12. 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

13. RESULT OF RECONCILIATION EFFORTS 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.

14. 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