APCJ_1528_Win2010_00i_122_4
12/30/10
3:22 PM
Page 64
64 AFRICA PEACE AND CONFLICT JOURNAL
derstaffing and underfunding, contributed to dissatisfaction and disillusionment by
Rwanda with the tribunal’s activities.10
Although imprisonment of all perpetrators would be impossible due to the number of people involved in the events of 1994, Rwandans needed closure in order to live
together in peace. The tribunal lacked the community-based approach and restorative
aspects of justice mechanisms traditional to Rwanda that assist perpetrators, victims,
and bystanders, living side by side, to heal. In the impersonal and detached court, cases
often took years to be resolved and primarily involved prosecuting leaders of the genocide. In 2001, in an effort to bring justice closer to home and engage the community,
lessen the burden of the ICTR, alleviate pressure on local courts and prisons (already
weakened by the conflict), and include an element of restorative justice in the process,
the Rwandan government decided to employ the indigenous justice instrument known
as gacaca.11 The gacaca community courts could also deal with those perpetrators
who may have been omitted by the national courts due to a lack of space or time.
Gacaca, meaning ‘grass’, had been in use since pre-colonial times and was originally
conceived to settle family disputes and other minor offenses, focusing primarily on
the restoration of harmony within the community.12 When needed, an informal
gacaca session would be held, with participants sitting on the grass in a setting
presided over by local inyangamugayo (people of integrity), who would pass judgement according to what was best for the community. In dealing with the genocide, the
gacaca courts would be addressing crimes far more serious than those traditionally
brought before the forum while continuing to adhere to restorative principles.
Building on the traditional system, legislation on the gacaca courts new role included
apology and compensation, such as community service or contributing to a compensation fund.13 Regardless, the newly established courts represented a marked departure from the original ones; the transition was not seamless.
The gacaca courts are state-run and more formal than the simpler traditional,
community courts. Furthermore, they have the ability to prosecute, and reconciliation
is no longer the main goal.14 Initial support for the gacaca courts was overwhelming,
with public turnout during the election of judges at a remarkable 90 percent.15
Unfortunately, original plans for the compensation fund were put on hold after the
state realized that it would be unable to cover the demands for awarding damages to
individual survivors.16
10. Simeon O. Ilesanmi, ‘So that peace may reign: A study of just peacemaking experiments in Africa’,
Journal of the Society of Christian Ethics, 23 (2003), 213–26.
11. Ibid.; Graybill and Lanegran, ‘Truth, justice, and reconciliation’.
12. Graybill and Lanegran, ‘Truth, justice, and reconciliation’.
13. Graybill, ‘Pardon, punishment, and amnesia’.
14. Bert Ingelaere, ‘The gacaca courts in Rwanda’, in Luc Huyse and Mark Salter (eds.), Traditional
Justice and Reconciliation after Violent Conflict: Learning from African Experiences (Stockholm, International
IDEA, 2008).
15. Amnesty International, ‘Gacaca: A question of justice’, December 2002, www.amnesty.org/en/library
/info/AFR47/007/2002.
16. Ariel Meyerstein, ‘Between law and culture: Rwanda’s gacaca and postcolonial legality’, Law and
Social Inquiry, 32:2 (2007), 486.
Select target paragraph3
Add to table of contents