Reconciliation, Rwanda-style
2004-04-14 14:17
Kigali - In almost every town, even in the remotest parts, there is a prison.
One sometimes catches a glimpse of prisoners in their bright pyjama attire through chinks in a wooden gate or over a low wall.
More than 5 000 people have been convicted since the genocide of ten years ago. The Rwandan government holds that should due process be followed for the remaining 80 000, it could take more than a hundred years.
The international court in Arusha, Tanzania, where prisoners are to be tried for war crimes, has bogged down over disputes with Rwanda, criticism over two new prosecutors-general and squabbles over expensive council. The court has managed to convict only 18 people.
"We were compelled to find an alternative," says Ruben Niyibiri. He is responsible for the gacaca project, set up by the Rwandan League for the Advancement and Protection of Human Rights (Liprodhor).
The gacaca are traditional courts where traditional leaders or inyangumugayo are elected by the community to participate in the legal process.
Reconciliation
"It is important to ensure that criminals are not released, but we also have to bring about reconciliation. The gacacas are a sound way to handle the situation calmly," Niyibiri says.
"In some instances someone might suspect a neighbour had perpetrated the murders, but it now comes to light it is someone else. In other cases people come forward and confess to their crimes. Truth helps to dispel feelings of vengeance."
The gacaca process, however, has to overcome many obstacles. Since June 19, 2002, gacacas have been installed in only 751 of the two thousand districts.
"Initially gacacas had to establish the numbers of people residing in the area before April 6, 1994, then the number of victims and also the number identified as guilty. And some are hesitant to participate in the process."
Last year's election and the fact that gacacas cannot be conducted during the rainy season (sessions are held in the open), have delayed the process considerably.
Of grave concern is that the gacaca process has turned up many new accused. Liprodhor maintains that at least 50 000 people have been charged in the 751 districts to date - some are in prison, others not. A total of 287 people have been released and 297 have been arrested.
"If we were to institute more gacacas we might end up with 350 000 accused. Prisons are already overflowing - how will we handle it?" asks Niyibiri. He believes numbers of traditional judges can be scaled down from 19 to nine per district to try and speed up the process. Judges are expensive, and the gacacas are already cash strapped.
The quorum (at least 100 people have to be present in court) could also be reduced. "Trials are constantly being postponed because there is no quorum."
But that would require an amendment to gacaca legislation in parliament.