Justice and reconciliation are concepts difficult to define, let alone achieve. What may seem 'just' for a community or a country, may be very unjust for the individual victim. There seems to be a tension between reconciliation, implying a kind of moral compromise, and justice in the strict, Western, prosecutorial sense it is usually used.
In the wake of violence on a societal scale, finding the right balance between justice and reconciliation, or between retribution and forgiveness, is an extremely delicate process and this is all the more so in cases of genocide. In the Great Lakes region, where today's oppressors tend to perceive themselves as yesterday's victims, justice and reconciliation become even more subjective and difficult goals.
In Rwanda, the RPF (Rwandan Patriotic Front) dominated Government of National Unity is prioritising, as its name implies, the reconciliation of its citizens chiefly through a prosecutorial (trial-based) approach. However, since 1998 there has been a recognition among the highest Government echelons that working with a penal and legal system that is completely overstretched - at the beginning of 2003, there were an estimated 115,000 prisoners in Rwandan jails and communal lockups (cachots) - will require some innovative thinking and a move away from the 'white man's' standards of justice. This is why the much talked about gacaca traditional conflict resolution mechanism was adapted and revived.
Moves Towards Justice - Arrests, Courts, Trials and the legacy of genocide:
Despite the opening of a press office in Rwanda and the establishing of some important precedents in international criminal law, the International Criminal Tribunal for Rwanda's (ICTR) contribution to justice and reconciliation within the country is very limited.
Domestically, the ICTR's work remains virtually unknown and when it is, the Tribunal's reputation may have been irreparably damaged by early scandals regarding endemic corruption and bureaucratic inefficiency.
The Tribunal's relationship with the Government itself has been a tormented one; the ICTR's mandate covers the period of January to December 1994, during which RPF soldiers allegedly carried out several massacres. The ICTR's insistence that these crimes should be investigated led to moral outrage from the RPF leadership, accusing the Court of putting the RPF on the same level as the génocidaires.
Rwanda's national courts operate in parallel with the ICTR. From having a rumoured 10 lawyers left in the country, no equipment, damaged buildings and no money to pay their staff in 1994, the national courts had by early 2004 tried upwards of 5,500 individuals. Though many of the early trials were severely flawed, the national legal system's performance arguably did more to restore some kind of confidence that (some) perpetrators were being brought to trial - by comparison, the ICTR and its hundreds of staff and multi-million dollar annual budgets had at the beginning of 2004 completed 18 cases and arrested 66 individuals.
Even at this accelerated pace, it was thought that the Rwandan formal judicial system would require more than a century to process the hundred thousand plus detainees. The adaptation of a traditional, grass roots conflict resolution mechanism - the gacaca tribunals - represents an affordable and expedient alternative. After a pilot phase, deemed a success by the Government, gacaca courts are due to open across the country in 2004.
Innovative Thinking - Justice and Reconciliation combined through the gacaca courts:
The goal of gacaca is to promote reconciliation through providing a platform for victims to express themselves, encouraging acknowledgements and apologies from the perpetrators, facilitating the coming together of both victims and perpetrators every week on the grass. Gacaca courts are also empowered to hand down sentences that include community work schemes that can directly benefit the most destitute families of victims. While gacaca is a potential source of 'truth' on how the genocide was implemented, its provisions for confessions and guilt pleas represent one of gacaca's most cited shortcomings.
Under these provisions, if someone confesses before being denounced, he or she is liable for a substantial decrease in the length of the sentence. Importantly, confessions are only acceptable if they include the incrimination of one's co-conspirators.
Some argue that this system of confessions creates rife conditions for vendetta-settling. Others estimate that an additional 200,000 people could see themselves imprisoned for genocide-related crimes. Others still say that intimidation of potential witnesses is widespread in the countryside in particular, where perpetrators presumably far outnumber survivors. Lastly, participation in gacaca is mandatory, implying that subsistence farmers and petty traders must give up a day of labour per week (on average) with no compensation in cash or kind; this mandatory character has fomented some resentment about gacaca.
Despite what may seem like insurmountable problems, gacaca represents the only workable solution for bringing those responsible for atrocities to trial promptly. It is difficult to judge the public perception of the gacaca tribunals. Presumably, Rwanda's tens of thousands of prisoners would favour a system that would help speed up their hearings. Also presumably, survivors would want to see perpetrators punished, and in the spirit of 'restorative' justice, may welcome replacing long prison sentences with more useful community work schemes. Having said that, the genocide survivor organisations remain extremely apprehensive of gacaca.
The real test will be when the tribunals begin working nationwide this year. If judges are incompetent or biased, if communities conspire to silence a witness, or if gacaca is used as a means to settle scores, neither justice nor reconciliation will be served.
Other Measures promoting Reconciliation: The National Unity and Reconciliation Commission (NURC)
Since its inception in 1999, the NURC has organised conferences and workshops on the theme of unity and reconciliation, culminating in two national summits, where Rwandans from all levels of society were represented. The NURC has also held workshops for segments of the population attending 'civic re-education' or 'solidarity' camps (ingandos) - such as provisionally released prisoners and demobilised soldiers (from the national army as well as from ex-FAR and interahamwe combatants repatriated from the Democratic Republic of Congo (DRC)). Despite the NURC's all-encompassing mandate, it is still perceived as being an instrument of the central authorities and as being too 'vertical' in its activities, not doing enough grass roots work on 'the hills'.
Collective Memory:
Monuments and memorials are institutional embodiments of collective memory and as such, part of the reconciliation process. In Rwanda, genocide memorials pepper the country and new ones continue to be created. Often memorials are housed in churches - sites of many group massacres. Another institution created to foster collective memory is the national day of mourning for the victims of the genocide. The month of April more generally is considered to be a month of mourning and parties or celebrations of any kind are discouraged.
It is insightful to reflect on how different groups interpret these memorials and annual mourning periods. Some Rwandans consider the national day of mourning in particular as an obstacle to unity perhaps implicitly taking the view that forgetting the past is the best way to 'move on'. But if those who cannot remember the past are condemned to repeat it, then memory may be the best safeguard against a recurrence of violence. Others see the annual periods of mourning as a 'Tutsi affair', claiming that the commemorations are only for Tutsi victims, the moderate Hutu who perished in 1994 having been forgotten. They touch upon an important issue, to which we now turn.
The Challenges Victor's justice? Are the Hutu being collectively stigmatised?
There is a real danger that the RPF are, or will come to be, perceived as a party run by, and for, les Ougandais - an inner circle of Anglophone Tutsi refugees born in Uganda. In light of this, and despite the official party line that all citizens of Rwanda are Banyarwanda ('not Tutsi, nor Hutu, nor Twa') and therefore equal before the law, many Hutu may feel that the justice being meted out is a form of victor's justice.
The official refusal to recognise alleged (Hutu) victims of RPF atrocities in Rwanda and Eastern DRC in particular buttress such feelings. And because the national courts, and presumably this will hold true for the gacaca tribunals and the ICTR as well, are focusing 'punishment' on the Hutu, the judiciary's impartiality is also called into question. (Similar accusations of the International Criminal Tribunal for Yugoslavia being a form of victors' justice ring true to the ears of an important proportion of Serb public opinion.)
This resentment of 'Tutsi impunity' is visible in, for example, the joke that the ICTR, whose French acronym is the TPIR, should be renamed the TPIH - le tribunal pénal international des Hutus. By leaving these allegations unresolved, the RPF leaves itself open to the possibility that political opponents will inflate the size and nature of RPF abuses.
Lastly, the unspoken assumption that all Hutu who opposed the genocide were killed in 1994, and thus that the Hutu who were in the country during those months and alive today are morally, if not legally, responsible also undermines justice and national reconciliation: can such a project succeed on the basis of such distrust?
Poverty:
In 2002, Rwanda's GDP grew by 9.7%, ranking it among the top three performers in sub-Saharan Africa for that year. Yet according to Government figures, approximately 60% of Rwandans live on less than US$1 per day and the United Nations Development Programme ranked Rwanda 162nd out of 173 countries in its 2002 Human Development Index.
It is difficult to overstate the magnitude of poverty in Rwanda. In a country where 94% of the population live in rural areas, there is also a 'mental' distance between the urban elite in Kigali and the peasants 'on the hills'.
Rural Rwanda has not been actively engaged in justice and reconciliation debates - though this may change with the gacaca tribunals. As in South Africa, where victims of apartheid are calling for reparations for the legacy of 'economic apartheid', the most destitute genocide widows and orphans - for whom the legacy of 1994 is also, in a very immediate sense, socio-economic - have been benefiting from the Fond National pour l'Assistance aux Rescapés du Génocide (the FARG) created in 1998.
Importantly, this assistance goes only to Tutsi, as the genocide was against the Tutsi and so they are the only ones to qualify as survivors (rescapés). This helps reinforce the perception of victors' justice, mentioned earlier, among Hutu families that may have also lost family members or had property confiscated or destroyed.
A direct economic consequence of gacaca, if it is successful in alleviating the burden on the penal system, will be that thousands of (Hutu) families will no longer have to struggle to feed potentially productive members of their family that have been in jail for up to ten years, with an unknown proportion of them having been falsely accused to begin with.
If grinding poverty contributed to the ease with which the peasant masses where mobilised for the genocidal project, then ensuring that rural Rwanda is not excluded from the benefits of economic growth will not only serve the obvious purpose of improving the quality of life of millions, it will also help prevent the despair, humiliation and feelings of exclusion that contribute to the cycles of violence in the Great Lakes region and to the dynamics of genocide in Rwanda in 1994.
Debating Rwanda's Histories:
A telling indicator for how much Rwanda has moved towards national reconciliation is the fact that since 1994, no history lessons have been taught in Rwandan schools. There has thus been no debate in the public domain about why the 1994 genocide happened. This is important because one cannot say much about the prospects of reconciliation without first reflecting on exactly what it is that gives rise to demands for it. What motivated such large parts of the population to participate? If some were coerced into killing, why were some others such zealous, innovative and cruel killers?
The Government of National Unity's project of creating an all-inclusive Rwandan nationalism around the 'Banyarwanda' label relies on achieving a broad-based consensus among Rwandans that justice has been served. Can this be achieved without a reconciliation with history?
Conclusion:
Rwandans have come a long way since 1994. Above and beyond their individual struggles with their very personal experiences of genocide, Rwandans have had to contend with periods of renewed insecurity in the North-West of the country, worrying escalations of violence in Burundi (the Rwandan 'Siamese twin'), a war in neighbouring DRC, severe deterioration of relations with Uganda, the repatriation of some 2 million refugees since 1994, and a general loss of interest in the international media and the international community.
Perhaps of more immediate relevance for the 94% of Rwandans who live in rural areas, pockets of droughts and food insecurity have been periodic and the very real daily struggle for survival continues unabated. In this context of grinding poverty, 'justice and reconciliation' perversely become a luxury. Projects to foster unity need to become more relevant to rural Rwandans in order to become more effective. Only then can Rwandans afford to start thinking about justice and reconciliation. The government also needs to recognise that a vibrant and independent civil society and media is not a potential threat but a sustainable, countervailing force should there be attempts to foment a new cycle of violence, for which the Great Lakes region is tragically infamous.
* Eugenia Zorbas worked in Rwanda for one year in 2002/3 and has since returned to academia as a PhD student in the Development Studies Institute at the London School of Economics and Political Science, with a research focus on post-genocide reconciliation debates in Rwanda.
* NOTE FOR EDITORS: Please note that this editorial was commissioned from the author for Pambazuka News. If you would like to use this article for your publication, please do so with the following credit: "This article first appeared in Pambazuka News, an electronic newsletter for social justice in Africa, www.pambazuka.org". Editors are also encouraged to make a donation.
Justice and reconciliation are concepts difficult to define, let alone achieve. What may seem 'just' for a community or a country, may be very unjust for the individual victim. There seems to be a tension between reconciliation, implying a kind of moral compromise, and justice in the strict, Western, prosecutorial sense it is usually used.
In the wake of violence on a societal scale, finding the right balance between justice and reconciliation, or between retribution and forgiveness, is an extremely delicate process and this is all the more so in cases of genocide. In the Great Lakes region, where today's oppressors tend to perceive themselves as yesterday's victims, justice and reconciliation become even more subjective and difficult goals.
In Rwanda, the RPF (Rwandan Patriotic Front) dominated Government of National Unity is prioritising, as its name implies, the reconciliation of its citizens chiefly through a prosecutorial (trial-based) approach. However, since 1998 there has been a recognition among the highest Government echelons that working with a penal and legal system that is completely overstretched - at the beginning of 2003, there were an estimated 115,000 prisoners in Rwandan jails and communal lockups (cachots) - will require some innovative thinking and a move away from the 'white man's' standards of justice. This is why the much talked about gacaca traditional conflict resolution mechanism was adapted and revived.
Moves Towards Justice - Arrests, Courts, Trials and the legacy of genocide:
Despite the opening of a press office in Rwanda and the establishing of some important precedents in international criminal law, the International Criminal Tribunal for Rwanda's (ICTR) contribution to justice and reconciliation within the country is very limited.
Domestically, the ICTR's work remains virtually unknown and when it is, the Tribunal's reputation may have been irreparably damaged by early scandals regarding endemic corruption and bureaucratic inefficiency.
The Tribunal's relationship with the Government itself has been a tormented one; the ICTR's mandate covers the period of January to December 1994, during which RPF soldiers allegedly carried out several massacres. The ICTR's insistence that these crimes should be investigated led to moral outrage from the RPF leadership, accusing the Court of putting the RPF on the same level as the génocidaires.
Rwanda's national courts operate in parallel with the ICTR. From having a rumoured 10 lawyers left in the country, no equipment, damaged buildings and no money to pay their staff in 1994, the national courts had by early 2004 tried upwards of 5,500 individuals. Though many of the early trials were severely flawed, the national legal system's performance arguably did more to restore some kind of confidence that (some) perpetrators were being brought to trial - by comparison, the ICTR and its hundreds of staff and multi-million dollar annual budgets had at the beginning of 2004 completed 18 cases and arrested 66 individuals.
Even at this accelerated pace, it was thought that the Rwandan formal judicial system would require more than a century to process the hundred thousand plus detainees. The adaptation of a traditional, grass roots conflict resolution mechanism - the gacaca tribunals - represents an affordable and expedient alternative. After a pilot phase, deemed a success by the Government, gacaca courts are due to open across the country in 2004.
Innovative Thinking - Justice and Reconciliation combined through the gacaca courts:
The goal of gacaca is to promote reconciliation through providing a platform for victims to express themselves, encouraging acknowledgements and apologies from the perpetrators, facilitating the coming together of both victims and perpetrators every week on the grass. Gacaca courts are also empowered to hand down sentences that include community work schemes that can directly benefit the most destitute families of victims. While gacaca is a potential source of 'truth' on how the genocide was implemented, its provisions for confessions and guilt pleas represent one of gacaca's most cited shortcomings.
Under these provisions, if someone confesses before being denounced, he or she is liable for a substantial decrease in the length of the sentence. Importantly, confessions are only acceptable if they include the incrimination of one's co-conspirators.
Some argue that this system of confessions creates rife conditions for vendetta-settling. Others estimate that an additional 200,000 people could see themselves imprisoned for genocide-related crimes. Others still say that intimidation of potential witnesses is widespread in the countryside in particular, where perpetrators presumably far outnumber survivors. Lastly, participation in gacaca is mandatory, implying that subsistence farmers and petty traders must give up a day of labour per week (on average) with no compensation in cash or kind; this mandatory character has fomented some resentment about gacaca.
Despite what may seem like insurmountable problems, gacaca represents the only workable solution for bringing those responsible for atrocities to trial promptly. It is difficult to judge the public perception of the gacaca tribunals. Presumably, Rwanda's tens of thousands of prisoners would favour a system that would help speed up their hearings. Also presumably, survivors would want to see perpetrators punished, and in the spirit of 'restorative' justice, may welcome replacing long prison sentences with more useful community work schemes. Having said that, the genocide survivor organisations remain extremely apprehensive of gacaca.
The real test will be when the tribunals begin working nationwide this year. If judges are incompetent or biased, if communities conspire to silence a witness, or if gacaca is used as a means to settle scores, neither justice nor reconciliation will be served.
Other Measures promoting Reconciliation: The National Unity and Reconciliation Commission (NURC)
Since its inception in 1999, the NURC has organised conferences and workshops on the theme of unity and reconciliation, culminating in two national summits, where Rwandans from all levels of society were represented. The NURC has also held workshops for segments of the population attending 'civic re-education' or 'solidarity' camps (ingandos) - such as provisionally released prisoners and demobilised soldiers (from the national army as well as from ex-FAR and interahamwe combatants repatriated from the Democratic Republic of Congo (DRC)). Despite the NURC's all-encompassing mandate, it is still perceived as being an instrument of the central authorities and as being too 'vertical' in its activities, not doing enough grass roots work on 'the hills'.
Collective Memory:
Monuments and memorials are institutional embodiments of collective memory and as such, part of the reconciliation process. In Rwanda, genocide memorials pepper the country and new ones continue to be created. Often memorials are housed in churches - sites of many group massacres. Another institution created to foster collective memory is the national day of mourning for the victims of the genocide. The month of April more generally is considered to be a month of mourning and parties or celebrations of any kind are discouraged.
It is insightful to reflect on how different groups interpret these memorials and annual mourning periods. Some Rwandans consider the national day of mourning in particular as an obstacle to unity perhaps implicitly taking the view that forgetting the past is the best way to 'move on'. But if those who cannot remember the past are condemned to repeat it, then memory may be the best safeguard against a recurrence of violence. Others see the annual periods of mourning as a 'Tutsi affair', claiming that the commemorations are only for Tutsi victims, the moderate Hutu who perished in 1994 having been forgotten. They touch upon an important issue, to which we now turn.
The Challenges Victor's justice? Are the Hutu being collectively stigmatised?
There is a real danger that the RPF are, or will come to be, perceived as a party run by, and for, les Ougandais - an inner circle of Anglophone Tutsi refugees born in Uganda. In light of this, and despite the official party line that all citizens of Rwanda are Banyarwanda ('not Tutsi, nor Hutu, nor Twa') and therefore equal before the law, many Hutu may feel that the justice being meted out is a form of victor's justice.
The official refusal to recognise alleged (Hutu) victims of RPF atrocities in Rwanda and Eastern DRC in particular buttress such feelings. And because the national courts, and presumably this will hold true for the gacaca tribunals and the ICTR as well, are focusing 'punishment' on the Hutu, the judiciary's impartiality is also called into question. (Similar accusations of the International Criminal Tribunal for Yugoslavia being a form of victors' justice ring true to the ears of an important proportion of Serb public opinion.)
This resentment of 'Tutsi impunity' is visible in, for example, the joke that the ICTR, whose French acronym is the TPIR, should be renamed the TPIH - le tribunal pénal international des Hutus. By leaving these allegations unresolved, the RPF leaves itself open to the possibility that political opponents will inflate the size and nature of RPF abuses.
Lastly, the unspoken assumption that all Hutu who opposed the genocide were killed in 1994, and thus that the Hutu who were in the country during those months and alive today are morally, if not legally, responsible also undermines justice and national reconciliation: can such a project succeed on the basis of such distrust?
Poverty:
In 2002, Rwanda's GDP grew by 9.7%, ranking it among the top three performers in sub-Saharan Africa for that year. Yet according to Government figures, approximately 60% of Rwandans live on less than US$1 per day and the United Nations Development Programme ranked Rwanda 162nd out of 173 countries in its 2002 Human Development Index.
It is difficult to overstate the magnitude of poverty in Rwanda. In a country where 94% of the population live in rural areas, there is also a 'mental' distance between the urban elite in Kigali and the peasants 'on the hills'.
Rural Rwanda has not been actively engaged in justice and reconciliation debates - though this may change with the gacaca tribunals. As in South Africa, where victims of apartheid are calling for reparations for the legacy of 'economic apartheid', the most destitute genocide widows and orphans - for whom the legacy of 1994 is also, in a very immediate sense, socio-economic - have been benefiting from the Fond National pour l'Assistance aux Rescapés du Génocide (the FARG) created in 1998.
Importantly, this assistance goes only to Tutsi, as the genocide was against the Tutsi and so they are the only ones to qualify as survivors (rescapés). This helps reinforce the perception of victors' justice, mentioned earlier, among Hutu families that may have also lost family members or had property confiscated or destroyed.
A direct economic consequence of gacaca, if it is successful in alleviating the burden on the penal system, will be that thousands of (Hutu) families will no longer have to struggle to feed potentially productive members of their family that have been in jail for up to ten years, with an unknown proportion of them having been falsely accused to begin with.
If grinding poverty contributed to the ease with which the peasant masses where mobilised for the genocidal project, then ensuring that rural Rwanda is not excluded from the benefits of economic growth will not only serve the obvious purpose of improving the quality of life of millions, it will also help prevent the despair, humiliation and feelings of exclusion that contribute to the cycles of violence in the Great Lakes region and to the dynamics of genocide in Rwanda in 1994.
Debating Rwanda's Histories:
A telling indicator for how much Rwanda has moved towards national reconciliation is the fact that since 1994, no history lessons have been taught in Rwandan schools. There has thus been no debate in the public domain about why the 1994 genocide happened. This is important because one cannot say much about the prospects of reconciliation without first reflecting on exactly what it is that gives rise to demands for it. What motivated such large parts of the population to participate? If some were coerced into killing, why were some others such zealous, innovative and cruel killers?
The Government of National Unity's project of creating an all-inclusive Rwandan nationalism around the 'Banyarwanda' label relies on achieving a broad-based consensus among Rwandans that justice has been served. Can this be achieved without a reconciliation with history?
Conclusion:
Rwandans have come a long way since 1994. Above and beyond their individual struggles with their very personal experiences of genocide, Rwandans have had to contend with periods of renewed insecurity in the North-West of the country, worrying escalations of violence in Burundi (the Rwandan 'Siamese twin'), a war in neighbouring DRC, severe deterioration of relations with Uganda, the repatriation of some 2 million refugees since 1994, and a general loss of interest in the international media and the international community.
Perhaps of more immediate relevance for the 94% of Rwandans who live in rural areas, pockets of droughts and food insecurity have been periodic and the very real daily struggle for survival continues unabated. In this context of grinding poverty, 'justice and reconciliation' perversely become a luxury. Projects to foster unity need to become more relevant to rural Rwandans in order to become more effective. Only then can Rwandans afford to start thinking about justice and reconciliation. The government also needs to recognise that a vibrant and independent civil society and media is not a potential threat but a sustainable, countervailing force should there be attempts to foment a new cycle of violence, for which the Great Lakes region is tragically infamous.
* Eugenia Zorbas worked in Rwanda for one year in 2002/3 and has since returned to academia as a PhD student in the Development Studies Institute at the London School of Economics and Political Science, with a research focus on post-genocide reconciliation debates in Rwanda.
* NOTE FOR EDITORS: Please note that this editorial was commissioned from the author for Pambazuka News. If you would like to use this article for your publication, please do so with the following credit: "This article first appeared in Pambazuka News, an electronic newsletter for social justice in Africa, www.pambazuka.org". Editors are also encouraged to make a donation.
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