Research and Discussion Paper on a TJ Framework for Zimbabwe Whereas the aim of the traditional Gacaca court was to reconcile the community and integrate the perpetrators back to the community, the primary goal of the modern Gacaca system “included the acceleration of prosecutions, the punishment of the guilty, freedom for the victims, the establishment of the truth as well as reconciliation between the Hutus and Tutsis”.99 These courts have tried since 2005 approximately 1.2 million cases.100 The positive outcome of the Gacaca courts101 include • • • • • • • • Extensive involvements of communities. Understanding the root cause, which led to genocide and what really happened during the genocide. Partially it has eased the tension between the two main ethnic majority groups. Swift dealing with the cases, easing also prisons who were filled beyond capacity. Victims and their relatives heard the truth about the death of their relatives. Integration of perpetrators into community/society through dialogue and community service. Courts gave lower sentences if the person was repentant and sought reconciliation with the community. Dialogue was promoted between victims and survivors. The critical points about the Gacaca courts 102 include • • • • • • • • • Killing and intimidation of survivors of genocide, witnesses and judges. Judges were accused of participation in crimes of genocide (1.226 individuals identified). Partial confession of crimes causing re-categorisation or maximum penalties. Serious trauma cases, due to lack of physiological support. Lack of the fair trial rights of the accused. Lack of the right to counsel (perpetrators had no rights to a defence lawyer Allegation of corrupt judges Most judges had limited training, most of them had little or no formal education and, in most of cases, no formal legal experience or training. No vetting of judges. Lessons learnt: The success or failure of traditional conflict resolution methods greatly depends on the type of human rights violations. In the case of gross human rights violations this cannot be the preferred method. However, the Rwanda situation was very different and called for alternative 99 Haberstock, Lauren (2014) "An Analysis of the Effectiveness of the Gacaca Court System in Post-Genocide Rwanda, "Global Tides: Vol. 8, Article 4. Available at: http://digitalcommons.pepperdine.edu/globaltides/vol8/iss1/4 100 Human Rights Watch: Justice compromised, the legacy of the Rwanda community based gacaca courts, https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacacacourts 101 UN: Background Information on the Justice and Reconciliation Process in Rwanda;http://www.un.org/en/preventgenocide/rwanda/about/bgjustice.shtml ; Haberstock 102 http://gacaca.rw/about/achievements; https://www.hrw.org/report/2011/05/31/justicecompromised/legacy-rwandas-community-based-gacaca-courts 34 DRAFT