Justice and reconciliation – the Gacaca process

It has been estimated that it would take over 150 years to judge the 120,000 people accused of war crimes during the genocide through the regular courts. But without justice and the end of impunity reconciliation and reconstruction in Rwanda will be impossible. In 2001, in order to speed up the trials, Rwanda adopted a different form of justice to run alongside the regular court system. The Gacaca system is based on a traditional mechanism whereby the local population act as witness, judge and party to the trials.

Women in Rwanda were the main witnesses to and survivors of the genocide. This is the first time that they have been allowed to participate in the judicial process; both to give evidence and to sit as judges in the tribunals. If the system is to work, Rwandan women need to develop the confidence and skills required to take part. Rwandans have heard about the Gacaca process on the radio and in meetings organised by local authorities but very few know the ins and outs of this judicial mechanism. As a result, rumours abound in various forms depending on the self-interest of different groups.

In 2003, International Alert and ProFemmes Twesehamwe, the main umbrella group for women’s organisations in Rwanda with over 40,000 members, began a massive awareness raising campaign in an effort to make sure that women play a major role in the Gacaca system. The aim was to show women how the specific problems that they have faced since the conflict, such as dealing with widowhood or coping with the trauma of rape, will only be addressed if they take part in the trials. Their participation is vital: Rwandan society has changed beyond recognition – thousands of men were killed in the genocide and women, many of them now the only adult in their families, must take responsibility for rebuilding the country.

Profemmes has worked towards this in a number of ways. They have publicised the process by producing programmes for radio and television and have published articles in magazines. They have provided training for women judges, who are taking on roles that they are unused to. Profemmes and International Alert have also trained community leaders on the process, answering their questions and developing their skills in raising awareness. 209 women have now been trained and have held awareness-raising meetings in different parts of the country, spreading the message to over 130, 000 people. The leaders are a mixed group of women: some have family in prison accused of crimes, and others were victims or lost family as a result of the genocide.

The community leaders have been well received and in many cases, asked to return to continue discussions. For many people, these meetings have been their first opportunity to talk about justice and impunity in post-genocide Rwanda. At the core of the meetings is the creation of spaces for dialogue between the survivors and those who have been accused of crimes – a pre-condition to accepting the evidence and promoting reconciliation. According to reports from the community leaders, a climate of confidence is slowly growing and contact is beginning to be re-established between those who previously saw each other as enemies.

In 2004 the Gacaca laws were revised to respond to some of the criticisms of the pilot phase, which had begun in 2002. Using the outcomes of the awareness raising meetings, we lobbied for changes to the laws through attending meetings with parliamentarians and with the National Service for the Gacaca Courts. When the laws were revised they introduced improvements in the procedures governing the treatment of cases of rape and sexual torture committed during the genocide, one of the main issues that Alert and Profemmes had campaigned on.

The trials themselves began in 2005. We plan to continue to support the participation of the Rwanda population and women in particular in the Gacaca courts as well as carry out research into the psycho-social impact of the Gacaca system on women and the change in social relations that it has brought. For example, Profemmes recently held a seminar with ex-prisoners to look at the gender implications of community services. From this a gender analysis of the potential impact of community service was carried out. The results of the research conducted will be disseminated to national and international policy makers in order to bring about changes in the system where necessary.

Links

Click here for an account of a Gacaca awareness-raising meeting.

Profemmes Twesehamwe (tel +250 518480)

For more information, contact Sylvie Pereira

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Last updated: March 2006