General
- Social Studies for ECLPE Y2 SB File Uploaded 2/11/21, 14:01
UNIT 12 RWANDAN VALUES, TABOOS, CITIZENSHIP AT NATIONAL, AFRICAN, GLOBAL LEVELS AND THE ROLE OF DEMOCRACY IN THE TRANSFORMATION OF THE RWANDAN SOCIETY
Key Unit competence: The student-teacher should be able to examine the
importance of citizenship at national, African and
global levels and appreciate the role of democracy inthe transformation of the Rwandan society.
Ndi Umunyarwanda, means ‘I am Rwandan’. It is a programme initiated to build
a national identity based on trust and dignity. It aims to strengthen unity and
reconciliation among Rwandans by providing a forum for people to talk about
the causes and consequences of the genocide as well as what it means to be
Rwandan.
Ndi Umunyarwanda is a program and a process born out of the Youth
Connect Dialogue. The dialogue was initiated by Rwandan youth, Ministry
of Youth and Imbuto Foundation, with the aim of building trust among
Rwandans. NdiUmunyarwanda http://genocidearchiverwanda.org.rw/index.php/
Category:Ndi_Umunyarwanda_Collection.
programme was initiated in 2013, with an ultimate goal of building a national
identity and to foster a Rwandan community that is based on trust and unity.
In the Rwandan context, trust is a process that can be achieved through
responsible and continuous dialogue, on the truth about our history, the cost
struggle. Ndi Umunyarwanda reminds Rwandans that the struggle to protect
their nation and sustain their achievements is ongoing. The concept is based on
four pillars: history, testimonies, forgiveness and healing.
It was born to help Rwandans, especially the youth, openly talk about their
history, repent, forgive, and heal in the post-Genocide period. Seeking the truth,
expressing the remorse for what happened during the Genocide, encouraging
apologies and forgiveness and taking measures to ensure that what happened
never happens again are the foundation of Ndi Umunyarwanda programme.
If it is well implemented, Ndi Umunyarwanda will help a lot because it will
be a platform to break the awkward silence that we have in our society. We
should not be carrying the trauma of not being able to express ourselves. We
can express ourselves and still be Rwandans.’ They need a platform where they
can talk about what they feel and think in order to heal and move forward. Ndi
Umunyarwanda will help build trust among Rwandans and it will bring a lot of
successes for this country because we will see more people working together
and developing themselves more than before.
Ndi Umunyarwanda teaches about the qualities of the Rwandan including:
• Trust in each other
• Truth and tolerance
• Listening
• Humility
• Self-respect
• Helping each other
• Patriotism
• Team work
Ndi Umunyarwanda also teaches Rwandans about taboos. These are vices orthings and we should not practice or emulate. Such taboos include:
• Selfishness
• Betray the country
• Having genocide ideology, hate, and passing that on to your sibling.
The role of Ndi Umunyarwanda values in sustainable development
• Ndi Umunyarwanda values have brought, among Rwandans, a sense
of togetherness and love for one another.
• Dignity and self-reliance have played a big role in the economic
development of Rwanda. Every Rwandan feels that it is their duty to
develop their own country.
• Dignity and self-reliance has led to promotion of peace and stability
among Rwandans. People learn to respect and live in harmony with
each other.
• With Ndi Umunyarwanda values, Rwanda has been able to fight the
bad history of tribalism of 1950s and early 1990s. Rwandans now work
together towards the development of their nation.
• Ndi Umunyarwanda values have also helped to reduce income
inequalities among Rwandans. Rwandan society looks forward to
dignifying every member, that is, the rich help the poor.
• Dignity and self-reliance reduce the dependency ratio on the
government. Some issues are addressed by the citizens through various
campaigns such as ‘bye-bye nyakatsi.’ Campaigns such as kuremeraand
AgaciroDevelopment Fund have enabled the government to finance upto 66% of its budget.
12.2.1. The concept of Pan-Africanism
Pan-Africanism is a worldwide movement that aims to encourage and
strengthen bonds of solidarity between all indigenous and diaspora ethnic
groups of African descent. It is based on the belief that unity is vital to economic,
social, and political progress and aims to «unify and uplift» people of African
descent. At its core Pan-Africanism is a belief that “African people, both on
the continent and in the diaspora, share not merely a common history, but a
common destiny”. Pan-Africanist intellectual, cultural, and political movements
tend to view all Africans and descendants of Africans as belonging to a single
“race” and sharing cultural unity. Pan-Africanism posits a sense of a shared
historical fate for Africans in the Americas, West Indies, and, on the continent
itself, has centered on the Atlantic trade in slaves, African slavery, and European
imperialism.
Pan-Africanism is a dynamic concept of seeing Africa [and its populations] as
one entity in its different components: people, cultures, history, and issues and
considering Africans as one race wherever they are in time and space.
Pan-Africanists envision a unified African nation where all people of the
African diaspora can live. The most important early Pan-Africanists were Martin
Delany and Alexander Crummel, both African Americans, and Edward Blyden
born in West Indies. However, the true father of modern Pan-Africanism was
the influential thinker W.E.B. Du Bois.
Among the more-important Pan-Africanist thinkers of the first decades of the
20th century was Jamaican-born Black Nationalist Marcus Garvey. From the
1920s through the 1940s, among the most-prominent black intellectuals who
advocated Pan-Africanist ideas were C.L.R. James and George Padmore,
both of whom came from Trinidad. From the 1930s until his death in 1959,
Padmore was one of the leading theorists of Pan-African ideas. Also influential
were Léopold Senghor and Aimé Césaire , who were natives of Senegal and
Martinique, respectively. A disciple of Padmore, Jomo Kenyatta of Kenya, was
also an important figure in Pan-Africanist thought. The most-important figure
of 1950s period was Kwame Nkrumah of Ghana who believed that European
colonial rule of Africa could be extinguished if Africans could unite politicallyand economically.
The importance of Pan-Africanism
• Pan Africanism helped Africans to speak with one voice during the
anti-colonial struggle and in subsequent diplomatic and economic
negotiations.
• The regional economic communities in Africa and the ideas of founding
a borderless Africa with a single market, freedom of movement for
labour and capital was inspired by pan Africanism movement.
• Although divisions are still there, Pan-Africanism serves as a catalyst
to confront these divisions via the continued mobilization for global,
Black solidarity and consolidation.
• Pan Africanism affirmed the worth of black people and therefore
rejected the inferiority ascribed by racist thought in the late 19th and
20th Cs.
• It helped to launch the struggle for rights and equality for black people
in the diaspora; although there were advocates of a return migration
to Africa, eventually and especially after 1945, black people in thediaspora focused on rights and justice where they lived.
• In Africa, the movement asserted the right of independence for
Africans—“Africa for the Africans.”
• Early in the century, for the newly emerging African elite, it was a
source of ideas and contacts, especially for students studying abroad;
• It helped to provide an ideology of unity in the process of mass
mobilization of Africans for the independence struggle;
• It also helped to build a constituency in Europe and North America
which was sympathetic to and supportive of independence for Africa
and this came to form important ‘public opinion’ in the 1950s and 60s.
• The ideas of Pan Africanism were used by nationalists to form political
parties and liberation movements in many states of Africa which fought
and led African countries to independence.
• The ideas of Pan Africanism resulted in the formation of OAU in 1963.
With Pan Africanism African political unity was sowed and this unity
influenced the formation of OAU that joined all African countries. The
headquarters of OAU were at Addis- Ababa from where coordination
among African states was carried out, hence facilitating the liberation
struggles.
• The Pan Africanism helped to sensitize black people about their
rights and helped them present their human rights abuses before
the UN. A number of Pan Africanists, for example, Julius Nyerere,
Kwame Nkrumah, Kamuzubanda, Jomo Kenyatta and others started
sensitizing fellow Africans about their rights, including the rights for
self-government.
• The Pan Africanism has continued to voice its dissatisfaction against
neocolonialism in Africa. The Pan African groups around the world
have succeeded in focusing the world’s attention to the existence of
neocolonialism that is hindering the development of African countries
even after independence.
12.2.2. Global Citizenship
It is a way of living that recognises that our world is wide, interconnected and
interdependent. One in which our choices and actions may have repercussions
for people and communities locally, nationally or internationally. A Global
Citizen is someone who:
• is aware of the wider world and has a sense of their own role as a world
citizen
• respects and values diversity
• has an understanding of how the world works
• is outraged by social injustice
• participates in the community at a range of levels, from the local to the
global
• is willing to act to make the world a more equitable and sustainable
place
• takes responsibility for their actions.
To be effective Global Citizens, young people need to be flexible, creative
and proactive. They need to be able to solve problems, make decisions, think
critically, communicate ideas effectively and work in collaborative way forsustainable development.
Everybody defines leadership differently but I really like the way John C
Maxwell defines leadership, “A leader is one who knows the way, goes the
way, and shows the way.” Irrespective of how you define a leader, he or she can
prove to be a difference maker between success and failure. A good leader has a
futuristic vision and knows how to turn his ideas into real-world success stories.
In this article, we take an in-depth look at some of the important leadership
qualities that separate good leaders from a bad one. The following are some of
the characteristics of a good leader:
• Competency: To be competent is having suitable or sufficient skill,
knowledge, experience, etc., for some purpose; properly qualified.
Competent leader, therefore, performs through every season
of leadership, during the good, bad, and ugly times of leading. They
know how to nourish themselves and remain self-motivated. The most
important role of a leader is to produce results, primarily by influencing
those around them to perform
• Honesty and integrity: The 34th President of United States,
Dwight.D.Eisenhower once said, “The supreme quality of leadership
is unquestionably integrity. Without it, no real success is possible,
no matter whether it is on a section gang, a football field, in an army,
or in an office.” Honesty and integrity are two important ingredients
which make a good leader.
• Humility: Humility is often characterized as genuine gratitude and
lack of arrogance, a modest view of one’s self.Humility is one of the
most respected strategic leadership qualities. Humble leaders admit
their mistakes, apologize when necessary, and always share credit.
This behavior makes you more “human” and relatable; it’s also simply
a best practice to empower and reward others instead of acting like the
smartest person in the room (even if you are!) Humble leaders treat
others with respect. Humble leaders are consistent and disciplined in
their treatment of others. They treat everyone with respect regardless
of their position, role or title.
• Patience: A good leader should have the ability to endure difficult
circumstances such as perseverance in the face of delay; tolerance of
provocation without responding in annoyance; or forbearance when
under strain, especially when faced with longer-term difficulties.
• Confidence: To be an effective leader, you should be confident
enough to ensure that other follow your commands. If you are unsure
about your own decisions and qualities, then your subordinates will
never follow you. As a leader, you have to be oozing with confidence,
show some swagger and assertiveness to gain the respect of your
subordinates. This does not mean that you should be overconfident,
but you should at least reflect the degree of confidence required to
ensure that your followers trust you as a leader.
• Inspire Others: Probably the most difficult job for a leader is to
persuade others to follow. It can only be possible if you inspire your
followers by setting a good example. When the going gets tough, they
look up to you and see how you react to the situation. If you handle it
well, they will follow you. As a leader, should think positive and this
positive approach should be visible through your actions. Stay calm
under pressure and keep the motivation level up.
• Commitment and Passion: Your teams look up to you and if you
want them to give them their all, you will have to be passionate about
it too. When your teammates see you getting your hands dirty, they
will also give their best shot. It will also help you to gain the respect
of your subordinates and infuse new energy in your team members,
which helps them to perform better. If they feel that you are not fully
committed or lacks passion, then it would be an uphill task for the
leader to motivate your followers to achieve the goal.
• Good Communicator: Until you clearly communicate your vision
to your team and tell them the strategy to achieve the goal, it will be
very difficult for you to get the results you want. Simply put, if you are
unable to communicate your message effectively to your team, you can
never be a good leader. Words have the power to motivate people and
make them do the unthinkable. If you use them effectively, you can also
achieve better results.
• Decision-Making Capabilities: Apart from having a futuristic vision,
a leader should have the ability to take the right decision at the right
time. Decisions taken by leaders have a profound impact on masses.
A leader should think long and hard before taking a decision but once
the decision is taken, stand by it. Although, most leaders take decisions
on their own, but it is highly recommended that you consult key
stakeholders before taking a decision. After all, they are the ones who
will benefit or suffer from your decisions.
• Accountability: As a leader, make sure that every one of your
subordinates is accountable for what they are doing. If they do well,
give them a pat on the back but if they struggle, make them realize their
mistakes and work together to improve. Holding them accountable
for their actions will create a sense of responsibility among your
subordinates.
• Delegation and Empowerment: You cannot do everything, right. It is
important for a leader to focus on key responsibilities while leaving the
rest to others. By that, I mean empowering your followers and delegating
tasks to them. If you continue to micromanage your subordinates, it
will develop a lack of trust and more importantly, you will not be able
to focus on important matters, as you should be. Delegate tasks to
your subordinates and see how they perform. Provide them with all
the resources and support they need to achieve the objective and give
them a chance to bear the responsibility.
• Creativity and Innovation: What separates a leader from a
follower? According to Steve Jobs, “Innovation distinguishes between
a leader and a follower.” In order to get ahead in today’s fast-paced
world, a leader must be creative and innovative at the same time.
Creative thinking and constant innovation is what makes you and your
team stand out from the crowd. Think out of the box to come up with
unique ideas and turn those ideas and goals into reality.
• Empathy: Leaders should develop empathy with their followers.
Unfortunately, most leaders follow a dictatorial style and neglect
empathy altogether. Due to this, they fail to make a closer connection
with their followers. Understanding the problems of your followers
and feeling their pain is the first step to become an effective leader. A
good leader should work hard and provide his/ her followers with thesuitable solution to their problems.
Governance is «the process of decision-making and the process by which
decisions are implemented (or not implemented).The concept centers on the
responsibility of governments and governing bodies to meet the needs of the
masses as opposed to select groups in society. The following are some of the
characteristics of good governance:
• Participation: Participation of both sexes is crucial to good governance.Participation could be direct or indirectly, through representation.
Participation means the citizens needs to be informed and organized.
This is where the freedom of association and organized civil society
play key roles.
• Accountability: This is a key requirement of good governance. Not
just for government institutions but also for civil societies and private
sectors. They must be accountable to their stakeholders and to the
public. Accountability must be accompanied by transparency and ruleof law.
President Paul Kagame and Prime Minister Habumuremyi leading Umwiherero. 11th National
Leadership Retreat
• Good Planning: Planning is the process of goal setting; developing the
approach to achieve those goals; outlining activities; prioritizing them;
and creating a schedule that brings us closer to the goals that we set.
With this understanding, we can strive to focus on the goal and work
effectively to achieve it. Effective planning is one of the best methods
to manage your time in order to use it to your advantage. “If you fail to
plan you plan to fail”, because spending time without proper planning
will lead you nowhere.
• Rule of Law: This refers to the legal framework that is enforced
impartially. It requires the protection of human rights and the rights
of the minorities. For this to be effective, the judiciary must be
independent and the police force must be impartial and incorruptible.
• Responsiveness: Good governance presupposed that institutions
and processes serve all stakeholders and respond as soon as the need
arises. It entails government acting expeditiously in time of crisis or
emergency.
• Equity and Inclusiveness: This requires that all groups in society be
given opportunity to improve and maintain their well- being. It means
giving an open door to all and treating all equally.
• Transparency: This means decision taking and enforcement are done
in a way that abides by rules and regulations. It allows for information
flow. Moreover, information must be freely available to those who will
be affected by it, in an easily understandable form.
• Effectiveness and Efficiency: This emphasizes the need for
institutions and establishments to produce results that meet the needs
of present society with the resources available. The concept covers the
sustainable use of resources and the protection of the environment.
• Democratization: It allows for individuals and every group in society
to be given the opportunity to vie for positions without hindrance.
It is the opportunity to fairly compete, without intimidation or
discrimination.
• Free Press: A press that is not gagged. A press responsible in reportage
and investigative journalism is emphasized here.
• Virile Civil Society: This refers to the civil society that is consciousand alive to its responsibilities.
12.5.1. The concept of democracy
Etymologically the term “democracy” means “power of people”. It derives from
two Greek words “demos” or people and “kratos” which mean power. Democracy
is defined as the government in which the supreme power is vested in the
people. In some forms, democracy can be exercised directly by the people; in
large societies, it is by the people through their elected representatives. In the
memorable phrase of American President Abraham Lincoln, democracy is the
government of “the people, by the people, and for the people”. Thus, democracy is
simply a system of government where the citizens directly exercise their power,
and have the right to elect the government representatives who collectively
create a government body for the entire nation (like, a parliament).
The basic features of democracy include the following:
• Political freedom: This means, a freedom of choice, social order and
form of government. It refers to the right of people to determine and
change constitutional order and ensure the protection of human rights.
• Equality of citizens: This means equality of all people before the law,
equal responsibility of any committed offense and the right to equal
protection before court. Equality is guaranteed for all citizens: there can
be no privileges or restrictions on the grounds of race, colour, political
beliefs, religious or other convictions, ethnic or social origin, property
status, residence, linguistic or other grounds. The most important
aspect is the equality of rights and freedom of men and women who
have the same opportunities for their implementation.
• Selectivity of state bodies: This implies formation of authorities and
local government through the people’s will. It ensures that people
have equal opportunity to exercise electoral rights for everybody. In
a democratic state, the same people should not permanently occupy
positions in government bodies for a long time: this causes distrust of
citizens and leads to a loss of legitimacy of these bodies.
• Separation of powers: This means that interdependence and mutual
restrictions are imposed on different branches of power: legislative,
executive and judicial powers. It serves as a means of checks and
balance in order to avoid the accumulation of powers in the hands of
some individuals who would transform their power into a means of
suppressing freedom and equality.
• Decision-making by the will of the majority with the mandatory
observance of the rights of the minority: This feature means the
combination of the will of the majority with guarantees of the rights
of the individual who acts as a part of the minority (ethnic, religious
or political). It also means the absence of discrimination, suppression
of rights of an individual who is not a part of the majority in decisionmaking
activities.
• Pluralism: It refers to the diversity of social phenomena, broadening
of the range of political choice, leading not only pluralism of opinions
but also political pluralism, the plurality of parties, public associations,
etc.
12.5.2 The concept of justice
According to Aristotle justice consists of treating equals equally and “unequals”
unequally, in proportion to their inequality. Justice is an action in accordance
with the requirements of some laws. Whether these rules are grounded in human
consensus or societal norms, they are supposed to ensure that all members of
the society receive fair treatment. Justice ensures that people receive their fair
share of the goods available; obtain fair treatment from society’s institutions.
Justice also implies that people’s actions conform to rules of fair play.
There are four main features of justice including meritocracy, fairness, equality
and moral righteousness.
Meritocracy This is the idea of “getting what one deserves”. For example, a
person can receive a medal for bravery, risking one’s life to save a drowning
person
Fairness: This is the idea of treating equals equally. For example, two people
doing the same job competently with the same amount of experience and
training should get the same pay. There should not be distinctions in rates of
payment based on gender, age, racial or ethnic background or any other factor
not related to performance on the job.
Equality: This common understanding of justice is embodied in equal
citizenship rights for all persons (for example, the right of all to vote in elections
and run for political office and equal entitlement to universal public programs
such as health insurance and education). Equality also demands that there
should be an equitable sharing of civic burdens, such as paying taxes (although
“progressive” taxation schemes may require the wealthy to pay proportionately
more, they are about fairness).
Moral righteousness: This final aspect of justice encompasses the ideal of
individual virtue and ethical conduct. Individuals are thought to be “just” when
they engage in altruistic behaviour to help others or make society a better place
and set an example of altruistic conduct in both their personal responsibilities
(as a spouse, parent or friend) as well as civic and public roles (as an employee,
elected politician or club president).
12.5.3. Different forms of democracy and justice
I. Forms of democracy
The main forms of democracy include direct democracy, representative
democracy, presidential democracy, parliamentary democracy, authoritarian
democracy, participatory democracy, Islamic democracy and social democracy.
Direct democracy: A direct democracy is when citizens get to vote for a policy
directly, without any intermediate representative or house of parliament. If the
government has to pass a certain law or policy, it goes to the people. The latter
vote on the issue and decide the fate of their own country.
Representative democracy: Representative democracy or indirect democracy
is when people choose to vote for who will represent them in the parliament.
This is the most common form of democracy found across the World. This
form of democracy is based on protecting the rights of not only the majority
of the people in the state but also the minorities. By electing a more qualified
representative, a minority population would be able to vocalize its grievances
in a more efficient manner.
Most of the representative democracies of the World consider themselves to
be liberal democracies. This is because they value the needs of their individual
citizens more than those of the entire state. This is why in countries like India
and the USA; it is difficult to proclaim a state of emergency.
Presidential democracy: Under a presidential democracy, the president of
the state has a significant amount of power over the government. He/she is
either directly or indirectly elected by citizens of the state. The president and
the executive branch of the government are not liable to the legislature, but
cannot, under normal circumstances, dismiss the legislature entirely. Similarly,
the legislature cannot remove the president from his/her office either, unless
the case is extreme.
In a presidential democracy, the head of state is also the head of the government.
Countries like the USA, Argentina, and Sudan employ this kind of democracy.
Parliamentary democracy: A democracy that gives more power to the
legislature is called a parliamentary democracy. The executive branch derives
its democratic legitimacy only from the legislature, i.e. the parliament. The head
of state is different from the head of government, and both have varying degrees
of power. However, in most cases, the president is either a weak monarch (e.g.
the United Kingdom) or a ceremonial head (e.g. India).
Authoritarian democracy: This is when only the elites are a part of the
parliamentary process. Some individuals of the state are allowed to vote for their
chosen candidate, but “regular people” cannot enter the elections. Therefore,
in the end, it is only the ruling elite that decide on the various interests of the
state’s population.
Participatory democracy: This is the exact opposite of authoritarian form
of democracy. There are different types of participatory democracy, but all
of them yearn to create opportunities for all members of the population to
make meaningful contributions to the decision-making process. It empowers
the disempowered by breaking up the state into small networks and prefers
to empower community-based grassroots politics. It values deliberation and
discussion, rather than merely voting.
Islamic democracy: This form of democracy seeks to apply Islamic law to public
policies, while simultaneously maintaining a democratic framework. Islamic
democracy has three main characteristics. Firstly, the leaders are elected by the
people. Secondly, everyone is subject to the Sharia law including the leaders.
Thirdly, the leaders must commit themselves to practicing shura, a special form
of consultation practiced by Prophet Muhammad. The only countries that fulfil
these three characteristics are Iran, Afghanistan, Pakistan, and Malaysia.
Social democracy: Social democracy arose as a reaction to neoliberal policies
in international economics. Under neo-liberalism, profit-making entities like
multinational corporations can easily infiltrate other political states, thus the
power of the political state seems weak.
Social democracy aims at empowering the state in favour of the neoliberal
market. The state can increase its expenditure by providing free alternatives to
overpriced private ventures. It may focus on providing free education or free
healthcare, so that people do not have to depend on profit-making corporations.
This list obviously does not claim to be an exhaustive discussion around the
different types of democracy that exist today. There are as many theories
concerned with democracy as there are different governments in the World.
II. Forms of justice
Issues of justice arise in several different spheres and play a significant role in
causing, perpetuating, and addressing conflict. Just institutions tend to instill
a sense of stability, well-being, and satisfaction among the society members,
while perceived injustices can lead to dissatisfaction, rebellion, or revolution.
Each of the different spheres expresses the principles of justice and fairness in
its own way, resulting into different forms and concepts of justice: distributive,
procedural, retributive, and restorative. People can seek these forms of justice
when they have been wronged.
Distributive justice: Distributive justice, or economic justice, is concerned
with giving all members of the society a “fair share” of the benefits and
resources available. However, while everyone might agree that wealth should
be distributed fairly, there is much disagreement about what counts as a “fair
share.” Some possible criteria of distribution are equity, equality, and need.
Equity means that one’s rewards should be equal to one’s contributions to the
society, while “equality” means that everyone gets the same amount, regardless
of his or her input. Distribution on the basis of need means that people who need
more will get more, while people who need less will get less. Fair allocation of
resources, or distributive justice, is crucial to the stability of the society and the
well-being of its members. When issues of distributive justice are inadequately
addressed and the item to be distributed is highly valued, intractable conflicts
frequently result.
Procedural justice: Procedural justice is concerned with making and
implementing decisions according to fair processes that ensure “fair treatment.”
Rules must be impartially followed and consistently applied in order to
generate an unbiased decision. Those carrying out the procedures should be
neutral, and those directly affected by the decisions should have some voice or
representation in the decision-making process. If people believe procedures to
be fair, they will be more likely to accept the outcomes, even ones that they do
not like. Implementing fair procedures is central to many dispute resolution
procedures, including negotiation, mediation, arbitration, and adjudication.
Restorative justice: Restorative justice (also sometimes called “reparative
justice” or “corrective justice”) is an approach to justice that focuses on the
needs of victims and offenders, instead of satisfying abstract legal principles or
punishing the offender. Victims take an active role in the process, while offenders
are encouraged to take responsibility for their actions, “to repair the harm they
have done by apologizing, returning stolen money, or doing community service”.
In other words, the simplest form of restitution is a straightforward apology.
Restoration means putting things back as they were, so it may include some
acts of apology to demonstrate one is truly sorry. This may include actions andeven extra payment to the offended party.
Retributive justice: Retributive justice is based on the idea that people deserve
to be treated in the same way they treat others. It is a retroactive approach
that justifies punishment as a response to past injustice or wrongdoing. The
central idea is that the offender has gained unfair advantages through his or her
behavior, and that punishment will set this imbalance straight. In other words,
those who do not play by the rules should be brought to justice and deserve tosuffer penalties for their transgressions.
12.6.1 Democracy in Rwanda
I. The main principles of democracy
After the 1994 genocide against the Tutsi, the country of Rwanda strived to set
up a democratic regime. The main principles underlying democracy including
elections, political pluralism, rule of law, decentralization, liberalization of
the press and media were emphasized. Moreover, due to the regional and
ethnic divisions that had characterized the first and the second Republics and
culminated into the Genocide against the Tutsi, an emphasis was also placed onthe promotion of unity and reconciliation among Rwandans.
Elections: An election can be defined as a mechanism of filling an office or
post through choices made by the designated body of the people known as the
electorate. Participation of the citizens in elections and thereafter collective
involvement of the elected officials in the decision-making process are
important ingredients for the gradual establishment of democracy. In addition,
the concept of representative democracy is based on the principle that it is the
people who are the nominal holders of political sovereignty and that, in the
exercise of that sovereignty; theyelect their representatives so that they can
exercise their political rights.
Separation of powers: The notion of separation of powers can be understood
as the separation of government decision-making into the legislative, executive,
and the judicial functions. This aims at reinforcing constitutional protection
of individual liberties by preventing the concentration of such powers in the
hands of a single group of government officials.
Political pluralism: In Rwanda, a multi-party system is recognized in its
Constitution (article 54). Political organizations fulfilling the conditions
required by the law may be formed and operate freely. However, due to the
historical context of the country of Rwanda that had been characterized by
“ethnic” and regional discrimination which culminated into the 1994 Genocide
against the Tutsi, the Rwandans have put in place other principles underpinning
the political system which involves power -sharing, consensus and the existence
of the Forum of the Political Parties.
Power sharing: Power sharing can be understood as a system of governance
in which all major actors of the society are provided a permanent share of
power. This system is often used by majority of the government system in
which ruling groups rotate among various social groups over time. The basic
aims of power sharing are traditionally to ensure the decentralization of power,
the protection of rights for the minority groups, the establishment of grand
coalition governments in which nearly all political parties are represented and
the provision of mechanism to ensure decision making by consensus.
Rule of law: The rule of law requires state institutions should act in accordance
with the law. The branches of the state must obey the law and in addition the
state cannot exercise power over anyone unless the law permits to do so. It has
to be noted that the rule of law signifies that no political authority is superior to
the law itself. When and where the rule of law obtains, the rights of citizens are
not dependent upon the will of rulers; rather, they are established by law andprotected by independent courts.
Decentralization: Decentralization being the opposite of centralization refers
to the process of transferring powers, authority, functions, responsibilities
and the requisite resources from central government to local governments
or administrative divisions. Decentralization has to be implemented through
three modes: deconcentration, delegation and devolution.
-- Under deconcentration, services and functions reserved to be performed
by central government are executed by central government public servants
located in local governments but hierarchically responsible directly to
central government.
-- Under delegation, services and functions reserved to be performed by
central government are delegated to local governments and the requisite
resources transferred to them for effective provision of these delegated
services.
-- Under devolution, the powers, authority, functions, responsibilities
services and resources currently centralized at central government level
are transferred to local governments which are created by law as legal
entities with powers to sue and be sued.
Press and media: The media means any process, whether in print, audio-visual,
auditory, signs or internet, to disseminate, broadcast and make known to the
general public facts, opinions and any other expression of thought particularly
in order to inform, educate and train, promote leisure and entertainment. And
the Public media refers to public broadcasters and newspapers.
The media policy elaborated in 2014 by the Ministry of Local Government
aims at availing an informed citizenry and it is inspired by the fundamental
principles of freedom of speech and opinion, free access to information, media
freedom and their relationship to the pursuance, attainment and sustainability
of a free, secure, united, reconciled and democratic Rwanda.
II. Justice in Rwanda
With the 1994 Genocide against the Tutsi that destroyed all the sectors of the
life of the country, the judiciary needed to be rebuilt to meet the challenges
created by that Genocide. To address this situation, the Government of National
Unity committed to create a strong, responsive, professional and independent
judiciary that Rwandans could trust and respect, reformed the judicial system.
To meet this objective, the justice system was revised in 2003. With this judicial
reform, the Ministry of justice had to oversee the functioning of the judicial
police, the criminal investigation, the prosecution and the prison services
and all these entities were separated with full financial and administrative
independence including the Ministry of Justice, the Supreme Court and the
National Prosecution Authority.
The High Council of the Public Prosecution is composed of persons from
different organs with experience and expertise. The Council is responsible for
taking decisions, recruitment and appointment of staff.
The National Prosecution Authority has branches across the country and is
headed by the Prosecutor General. It also has several special units such as the
Economic and Financial Crimes Unit, Genocide Fugitive Tracking Unit, Sexual
and Domestic Violence Unit, all ideology and related Crimes Unit, Witness and
Victims Protection Unit, all of which have helped in delivering justice.
At the same time, the Inspectorate General of the Prosecution was created
to oversee the functioning of prosecutors. It has a mechanism of evaluating
prosecutors, and sanctioning or rewarding them according to their performance.
Prosecutors in managerial and administrative positions have a limited term of
office to ensure transparency, efficiency and accountability. All these initiatives
have enabled the Prosecutor’s Office to handle more cases in courts of law than
ever before.
According to justice reforms of 2003, the structure of the Supreme Court was
reduced from six separate chambers, each with its own president, to a single
unit under the leadership of the Chief Justice. A new High Court of the Republic
was also created and replaced the former four chambers of the Supreme Court.
The High Court of the Republic has two lower levels, namely the Intermediate
Court and the Primary Court (District). The new structure has had a positive
effect on the efficiency of the High Court because it facilitates harmonization of
jurisprudence.
In addition, the Inspectorate General of Courts was established to regularly
supervise the functioning of courts so as to evaluate court judges and personnel
who are in turn rewarded in case they perform well while poor performances
are sanctioned accordingly. Heads of courts, on the other hand, have a fixed
term of office.
In 2007, Commercial Courts were established by an organic law No. 59/2007
of 16/12/2007 to settle commercial disputes. Commercial courts comprise the
Commercial High Court and the Commercial Courts. Commercial Courts in the
country are three namely Nyarugenge Commercial Court; Huye CommercialCourt and Musanze Commercial Court.
The reforms have also introduced “single judge seating” at all levels with the
exception of the Supreme Court. This reform has contributed at a certain extent
to the reduction of delays and backlogs, which had previously characterised
Rwanda’s judiciary, in the disposal of cases.
New kinds of courts like Gacacajurisdictions and Abunzi (mediators) were
initiated as home-grown solutions in the justice system.
Through the Ministry of Justice, the Government initiated the Access to Justice
Bureaus, referred to in French language as Maisonsd‘Accès à la Justice (MAJ),
in 2007. Now established in all 30 districts of Rwanda, MAJ serves as the first
point of orientation with legal aid service for Rwandans. MAJ mainly provides
legal information/education as well as legal advice. MAJ also aligns with the
policy objective of a more decentralized and reconciliatory justice system
that involves citizens. The Rwanda Bar Association (RBA) law grants MAJ staff
powers to provide legal and judicial aid to indigents and needy people.
MAJ staff may assist, counsel, represent and plead, before all courts, for
indigents. They are also able to analyze cases, offer legal advice and mediation
to parties, sensitize the population on their legal rights, assist prisoners and
provide legal training to Abunzi.
In Rwanda, there is also another means utilized in conflict resolution. This is
based on law on arbitration and conciliation in commercial matters published
on No 005/2008 of 14/02/2008. This law defines “arbitration”: a procedure
applied by parties to the dispute requesting an arbitrator or a jury of arbitrators
to settle a legal, contractual dispute or another related issue while “conciliation”
describes a process, whether referred to by the expression conciliation,
mediation or an expression of similar import, whereby parties to the dispute
request a conciliator to assist them in their attempt.
12.6.2. Democracy in Tanzania
I. History and principles of democracy in Tanzania
The United Republic of Tanzania was established in April 1964, following the
amalgamation of the former independent states of Tanganyika and Zanzibar.
Tanganyika attained independence in December 1961 under the leadership of
Julius Nyerere. The transition to independence was achieved without violence
and in 1964, the Union between Tanganyika and Zanzibar merged to form
Tanzania.
Tanganyika (Tanzania mainland) had a multiparty political system. The
Tanganyika African National Union (TANU), established in 1954 was the
overwhelmingly a dominant political party in pre independence Tanganyika.
Other political parties were United Tanganyika Party (UTP), the African National
Congress (ANC) and All Muslim National Unity of Tanganyika (AMNUT). In
Zanzibar (Tanzania Islands) there were three important political parties prior
independence.
These included Zanzibar Nationalist Party (ZNP), ASP-Afro Shiraz Party and
Zanzibar and Pemba Peoples Party (ZPPP).
The multi- party general election in Tanganyika prior to independence took
place in 1958, 1960 and 1962 when Tanganyika became a republic and
MwalimuJulius Nyerere as the first President. Although all the political parties
struggled to bring independence in Tanganyika, soon after the attainment of
independence, the ruling party (TANU) under the Chairmanship of Mwalimu
Nyerere, denounced opposition parties and introduced the single party system
in 1962.
Tanganyika united with Zanzibar in 1964 which led to the birth of The United
Republic of Tanzania in which TANU became the only political party in Tanzania
Mainland and ASP-Afro Shiraz Party in Zanzibar after the dissolution of other
political parties. This was followed by the introduction of the single party
constitution in 1965.
All general elections since 1965 to 1990 were held in a single party system,
though they were competitive in nature. The single party political system did
not give the citizens freedom to join in or form the political parties, even though
they were not pleased by the ruling party. The presidential position had one
candidate and a shadow or blank, in which the electorate was required to vote
for YES for a candidate or NO for a shadow. This system violated the citizens’
rights of electing the leader they wanted. On February 5, 1977, TANU and ASP
merged to form Chama Cha Mapinduzi(CCM) [meaning Party of the Revolution]
a revolutionary state party. It became the sole legal political party in Tanzania.
All candidates had to be approved by CCM and were permitted to campaign
only under the CCM platform. Elections within a single party framework
were competitive. For example in October 1985, there were 328 candidates
competing for 169 elective seats in the National Assembly.
The multi- party political system was officially reintroduced in 1992 after
the collapse of the USSR in the 1990s and pressure from the donor countries
(USA and Europe), the World Bank, and the International Monetary Fund
conditionalities forced the less developed countries including Tanzania to
adopt the multiparty system in order to get financial assistance in terms of
loans, grants and aids.
Surprisingly, the majority of Tanzanians refused the introduction of multiparty
due to the fear that the political parties will lead to civil wars and
disruption of the long existing unity and peace. The late Mwalimu Nyerere
played a major role in educating the Tanzanians on the importance of multiparty
system. Unexpectedly, he was the one who banned the political parties
soon after independence. He realized his mistakes and because of his influence
and reputation as the father of the nation, multi-party system was officially
instituted on July 1, 1992.
This marked the era of multi-party system and democracy in Tanzania, where
many political parties registered, including the ruling party (CCM) which was
the first party to get the certificate of registration, followed by the Civic United
Front (CUF) in Kiswahili, Chama Cha Wananchiand CHADEMA in Kiswahili
Chama cha Demokrasi and Maendeleo (meaning in English Party for Democracy
and Progress).There were also other many political parties and in 1995 there
were 13 political parties that participated in the general election.
Since 1995 multiparty elections have always been organised and the CCM has
always managed to win all the presidential ones. The election results witnessed
the return of the CCM to power with Benjamin Mkapa who received 62% of
the vote while the opposition candidates amassed 38%. In the parliamentary
elections, the CCM also won more seats than other political parties.
The 2000 elections were not different from the 1995 elections with the CCM
able to ensure that they were not operating on a level playing field. The abolition
of state subsidies to political parties meant that the opposition was unable to
fund their campaigns adequately. The problem of the differentiation between
the CCM and the state remained.
Although Tanzania has escaped the more overt political turmoil that its
neighbouring countries have endured, in the aftermath of the 2000 multiparty
elections, the country appears to be open to inter-ethnic rivalry largely due to
the Zanzibar question which threatens the union itself.
Zanzibar is the site of the greatest opposition to the ruling CCM party which has
been in power since independence. The challenge faced by the former President
Jakaya Kikwete was to deal with the dysfunctional economy and to meet the
ever growing demands of its population which has seen a rapid decline of social
services. The ideal of self-reliance which was espoused by Nyerere is no longera choice, but increasingly a necessity.
After the two presidential mandates of Mkapa in 2005, the CCM’s Candidate
Jakaya Kikwete won the presidential election with an unassailable lead of
68%. In 2015, Dr John Pombe Magufuli from the CCM political Party also won
presidential elections and became on November 5, 2015 the fifth president
of Tanzania. After all, the CCM had been in power for decades, and meaning
seemed to herald continuity with the past.
II. Justice in Tanzania
Social justice is the view that everyone deserves equal economic, political and
social rights and opportunities.
Since independence Tanzania has gone through distinct policy episodes of social
integration. In the first two decades of the post-independence period Tanzania
made deliberate efforts and took various initiatives to attain social integration.
In this period Tanzania strived to build national unity and placed emphasis
on human development and social policy consistent with the basic needs
approach. This period was characterized by emphasis on investment in human
development consistent with the basic needs approach. During this period an
emphasis was placed on promoting the principles of human dignity, equality
and freedom of the individuals, equality of opportunity in life and equal citizen
political rights across all races and commitment to reduce income and wealth
differentials in society and fight against corruption.
In the same period, the Government of Tanzania deliberately downplayed
religious differences and promoted religious tolerance. It was declared that the
state was a secular state which worked with various religious denominations.
Moreover, the Government adopted the policy of health for all availing free
medical services to all. Massive investments were made in health facilities and
primary health care was given priority. The Government of Tanzania also made
significant contribution in the provision of basic services. This has been done
through direct funding of services such as health, education and water which
are basic necessities to the population, and through provision of subsidies on
basic goods such as food. All these are efforts to provide social protection to the
population.
Various policy statements on social security issues have been made and Acts
passed in regard to the protection of some sections of the population against
contingencies such as injuries and old age. In total these formal social securities
covered only a very small proportion of the population (less than 10%).
Apart from the formal social protection schemes, there are also traditional and
non-traditional informal social protection schemes. Tanzania, like many other
countries in the developing world, has had strong informal/traditional safety
nets built on family and/or community support and informal income transfers.
The traditional social security systems are often based on customary rights,
or on spiritual and religious grounds. They are often organized around family
groups, kinship groups or neighborhood and community groups. While it is
recognized that over time traditional social system has tended to decay and
change forms in response to the forces of urbanization and industrialization
there are indications that family and community social support systems have
remained the main safety nets, particularly among the rural poor and other
vulnerable groups. In times of crises, individuals have depended on family and
clan members and/or members of the community for assistance in the form
of cash or in-kind, remittances to rural areas and facilitating settling in of new
migrants into the urban areas.
The villagization programme that was adopted was a more inclusive and country
wide programme involving the replacement of the traditional system of rural
settlements in which households were located often in isolated homesteads by
the creation of larger and more viable villages which were perceived to be more
viable economic units. The government’s efforts to deal with the challenges
of smallholders, uneconomically small plots and challenges of providing
social services to a scattered population took various forms but the most
memorable policy stance was villagization, which involved the resettlement of
rural population with view to facilitate the provision of social and economic
infrastructure. Priority was given to education including adult education,
health services and rural water supply. Villages were created in 1974 in which
60% of the population was relocated. The logic behind villagization was based
on what was seen as ideal African traditional family whereby which was almost
self-contained economic and social unit which provided and shared basic
necessities of life on the basis of mutual respect and obligation. The principles
of love, sharing and work which had prevailed in traditional African family units
were expected to be carried into Ujamaa Villages.
In fact, Tanzania made considerable achievements in human development and
during that period, there was an economic progress but this model ran out of
steam towards the end of the 1970s as exhibited by the way this development
was interrupted by the economic crisis starting from the late 1970s and the
early 1980s. In response Tanzania adopted structural adjustment programmes
which were meant to focus on efficiency gains and growth acceleration.
The second policy episode from1981 to 1995 was essentially a period in which
Tanzania adopted adjustment and reforms which were aimed at restoring
stabilization and growth but in the process it contributed to causing cracks into
the social integration status that had been achieved in the previous two decades.
In the third period (1996-2005) Tanzania embarked on more comprehensive
economic and social policies in which social integration received attention
again but this time in a new context of the market economy, competition and
globalization.
Concerning the judicial system, Mainland Tanzanian law is a combination of
British, East African customary law, and Islamic law. The courts at the lower
levels are presided over by magistrates appointed by the chief justice. They have
limited jurisdiction, and there is a right of appeal to district courts, headed by
either resident or district magistrates. Appeal can be made to the High Court,
which consists of a chief justice and 17 judges appointed by the president. It has
both civil and criminal jurisdiction over all persons and all matters however,
appeals from the High Court can be made to the five-members Court of Appeal
and judges are appointed to the Court of Appeal and the High Court by the
president on the advice of the chief justice and to courts at lower levels by the
chief justice.
In 1985, the Zanzibar courts were made independent to those of the mainland.
Islamic courts handle some civil matters and cases concerning the Zanzibar
constitution are heard only in Zanzibar courts. All other cases may be appealed
to the Court of Appeal of the Republic.
The judiciary is made up of various courts of judicature and is independent
of other arms of the government. Tanzania adheres to and respects the
constitutional principles of separation of powers. The Constitution makes
provision for the establishment of an independent judiciary, and the respect
for the principles of the rule of law, human rights and good governance.
The Judiciary in Tanzania can be illustrated as follows: The Judiciary in Tanzania
has four tiers: The Court of Appeal of the United Republic of Tanzania, the High
Courts for Mainland Tanzania and Tanzania Zanzibar, Magistrates Courts, which
are at two levels, i.e. the Resident Magistrate Courts and the District Court, both
of which have concurrent jurisdiction. Primary Courts are the lowest in thejudicial hierarchy.
Source: http://www.nyulawglobal.org/globalex/Tanzania.html
