ITFSGR & JRLOS

ITFSGR Process 2011: Initial conception Jan 2012: Research by Bucyana Mar 2012: Consultation with partners Apr 2012: Drafting of paper Jul 2012: Presentation of findings Aug 2012: Signing of MoU with White & Case

RESEARCH Comparative research: - Trust Fund for Victims (TFV) - UN Trust Fund to End Violence Against Women (UN Trust Fund) - UN Voluntary Trust Fund for Victims of Human Trafficking - UN-WB International Reconst- ruction Trust Fund Facility for Iraq - UN Relief and Works Agency for Palestinian Refugees - International Commission on Holocaust Era Insurance Claims - UN Compensation Commission Analysis: Governance Management Fundraising Decision making Partners’ views

STRUCTURE Board of Trustees Secretariat Local survivor’s organisations (e.g. IBUKA) Survivors Advisory Group Distinguished Individuals (e.g. academics, diplomats) Government of Rwanda (e.g. FARG, CNLG and relevant ministries)

MAIN CHALLENGES Disbursement policy Management structure Legal structure Alignment Endorsement Funding

NEXT STEPS Agreement Publication Circulation Debate Action

JRLOS Economic and Development Poverty Reduction Strategy of 2008 – 2012 (EDPRS I) stated that “an effective system for compensating victims will be established by 2010” Working Document of the Rwanda Justice, Reconciliation, Law and Order Sector (JRLOS II) Strategic Plan

Impunity for international crimes, and genocide ideology, effectively combated, truth-telling and reconciliation strengthened Output 1: Prosecution and enforcement of judgements for genocide and other grave crimes accelerated Output 2: Community level dialogue, civic education and awareness raising to combat genocide ideology intensified OUTCOME 3

Strategic Planning Exercise documents: “Lack of clear policy on compensation to the genocide victims” is a contributing factor to “Causes of the persistence of genocide ideology and challenges to unity and reconciliation process” “Slow compensation of victims” is one of the “Effects of the persistence of genocide ideology and challenges to unity and reconciliation.” OUTCOME 3

RECONCILIATION “For reconciliation to be effective, it needs to be based on justice for victims of acts of genocide… by bringing suspects before the courts and compensating victims… and to seek ways and means to provide redress, including compensation for victims.” Year 1 Target: “Policy on the human right to redress, including compensation for victims of genocide, developed and adopted by Cabinet.”

OUTPUT 3 An effective system for compensating victims will be established by 2014

YEAR 1 Establishment of Task Force on Reparation Publication of TFR report A national conference on redress (including compensation) convened to discuss report Strategic Plan developed to deliver the effective system of compensation recommended

YEAR 2 If required, compensation law to be drafted and enacted by Parliament Redress plan, including compensation levels developed in accordance with agreed policy Funding secured for meaningful compensation Execution policy determined for the disbursement of compensation awards

YEAR 3 Redress (including compensation) plan countrywide executed Monitoring and evaluation of the compensation system Refinement of the model and mechanism of compensation to improve process Document of the compensation system Further funding secured if required to extend the compensation scheme

GACACA “The present Strategy envisages creating a database of outstanding judgements not executed and evaluating individual income levels in order to assess the capability to pay restitution. Developing a clear policy on restitution including feasible compensation is a key policy action under this Strategy as the State is the primary duty-bearer with the obligation to address problems of restitution.”

RESULT “Expected result of this outcome after five years: Impunity for international crimes, and genocide ideology, effectively combated; with truth-telling and reconciliation strengthened.” To add: “…and restorative justice delivered for victims of the 1994 genocide against the Tutsi.”

Murakoze!