History

Examine the role of Abunzi and Gacaca jurisdiction in Rwandan society.

Form groups of five to discuss and analyse the organisational structure of the Abunzi and Gacaca. Find out what their roles are and their jurisdiction in solving conflicts and bringing reconciliation in our country. Summarise your findings and write them down on your notebooks and thereafter have a class discussion.

The mediation, or Abunzi, committees were set up in 2003 in the first constitution of the post-genocide era. The Mediation Committee is an organ responsible for providing mediation services as a prerequisite for parties to bring an action before competent courts in matters provided for in the competence of Mediation Committee. Mediators serve on a volunteer and non-remunerated basis.

The Mediation Committee at the Cell and Sector levels comprise of seven (7) residents of the Cell and the Sector respectively, who are persons of integrity and well-known for their mediation skills. Members of the Mediation Committee are elected by the Cell and Sector’s Council respectively, from among non-members of staff of local administrative entities or judicial organs. They are elected for a renewable term of office of five (5) years. At least thirty percent (30%) of members of the Mediation Committee must be females.

Strengthening the regular justice system

In addition to handling the genocide litigation, the Rwandan justice system was also confronted with many common law cases and an acute shortage of resources to deal with them.

In 1995, Rwanda had only six judges with a law degree. By 2002, the number of qualified judges had increased exponentially: 66 judges had a law degree and 203 had received ‘another form of training’. And yet a clear shortage of qualified judicial officials persisted. The ordinary justice system therefore needed to be strengthened while taking into account the scarcity of available resources.

Already fragile before 1994, the country’s economic situation weakened further after the genocide. The Rwandan Government had to contend with an acute lack of funding to carry out its major national reconstruction projects, including rebuilding the justice sector. In 1996, the justice sector budget amounted to only 1.1% of the total state budget. By 2002, this percentage had risen to 3.1%. To rebuild the sector, investment was needed; reconstruction of buildings, purchase of furniture, office supplies and other materials, and training of staff. In addition to these exceptional expenses, the staffing and operational costs of the judiciary as a whole would take up a large part of the state budget for the years to come. The post-genocide government thus saw that the judicial system would have to be reformed.

Initial efforts solely focused on rebuilding the judiciary, through programmes aimed at getting judicial infrastructure back into operation and at staff capacity building. In parallel, a reform of the judicial system was launched, steered by the Rwanda Law Reform Commission. The reform, which was completed in 2004, included a new Organic Law on the organisation of the courts. In 2004 and in 2006, the number of courts and judges was reduced; from 147 Courts of First Instance (Canton Courts), only 50 of which were operational in 1995, to 106 in 2004 (District Courts) and 60 in 2006 (Primary Courts). These successive reforms as well as the reduction in the number of judges and registrars, already considered inadequate, led to fears that the justice system would become even slower. A creative solution was clearly needed to complement the various reforms.

During this period, the political leadership also advocated for the active participation of the population in the administration of justice. The post-genocide government was aware of the importance of decentralisation in reconciling the Rwandan population. The National Decentralisation Policy adopted in 2001 aimed at involving the population in local decision-making processes. The National Policy did not however, give any concrete specifications as to how this gradual empowerment of Rwandan citizens would apply in relation to the justice system. In 2004, the prime minister finally announced that mediation committees would enable Rwandans to play a more active role in resolving their own disputes. The Abunzi committee system, was thus part of a broader decentralisation process, launched some years back.

Form groups of four.

1. Discuss and debate about the structure and role of the Abunzi in conflict reconciliation in Rwanda.

2. Write short notes down.

3. Present them in a class discussion.

The Abunzi operated at Cell and Sector levels. Abunzi committees at both levels are composed of twelve people of integrity who are elected by the community members. To be elected into the Abunzi committee, one must be a resident of the concerned Cell or Sector. People who are elected into the Abunzi must have demonstrated ability to resolve disputes and conflicts.

After election, the Abunzi appoint their president, vice-president and executive secretary. The executive secretary receives claims on behalf of the Abunzi.

Work in pairs.

1. Discuss the problems that face the Abuzi in conflict solving and reconciliation.

2. Write down your points.

3. Discuss them in class

• Lack of resources. The mediation committees do not always work in the best of conditions; basic materials are not always available and meeting rooms are unsuitable or non-existent. This often leads to the hearings being held in the Cell or Sector office or in the executive secretary’s office.

• Mediator absenteeism. This is more pronounced during the main agricultural season, when there is a greater need for labour in the fields. Moreover, these ‘persons of integrity’ well known for their mediation skills often have many other responsibilities. They are actively involved in the community and are frequently called upon for other duties (agronomists, primary teachers, health committees, youth committees, etc.).

• Inadequate access to laws, legal documentation and textbooks on mediation leads to a low level of expertise in mediation techniques and poorly reasoned decisions.It becomes more difficult, especially for the Ministry of Justice, to monitor the work of the mediation committees when their registers are not properly kept.

• Lack of justification for mediation committee decisions. According to the parties interviewed, the mediation committees’ decisions are not usually well reasoned out.

Work in groups of six.

1. Stage a role-play attempting to solve a dispute between two learners in your group.

2. Write an essay on the effectiveness of the Abunzi in conflict solving and resoultion.

3. Present your essay in class.

Gacaca Courts originate from the traditional system of conflict resolution called Gacaca. The system mainly dealt with civil and social conflicts between members of the community. It referred to a physical green space where people used to meet. It was especially used by elders in the community and individuals well-known for their integrity and wisdom, to discuss and resolve problems and conflicts within the community. Among the measures taken against an offender, the traditional Gacacacalled upon the family of the offender to reconcile with the offended family. Likewise, the Rwandan community after the Genocide against the Tutsi found it wise to use this system for dealing with genocide cases as well as rebuilding the social fabric which had been completely destroyed, a task that was practically impossible to carry out using the classical system of justice.

Organic Law No. 40/2000 of January 2001 governing the creation of Gacaca Courts and organising the prosecution of genocide crimes and other crimes against humanity committed between October 1st, 1990 and December 31st, 1994 that established Gacaca Courts was adopted and published after many modifications on the initial draft.

The legislator had to consider modification of other legal texts that were already in force. We can name the following among others; the Decree-law No. 09/80 of 7th, July, 1980 governing the judicial organisation and jurisdiction, The Organic Law No. 08/96 of 30th, August, 1996, The Decree-law No. 21/77 of 18th, August, 1977 establishing the Criminal Code of Rwanda and the Law of 23rd, February, 1963 relating to the Code of Criminal Procedure.

The Organic Law referred also to the international legal texts that Rwanda had ratified. These include; the December 9th, 1948 Convention relating to punishment of Genocide Crimes, the Geneva Convention of 12th, August, 1949 relating to protection of civil rights during war times, the Convention of 26th, November, 1968 relating to the indivisibility of war crimes and other crimes against humanity.

The following goals were assigned to the Gacaca Courts:

• To reveal the truth about genocide;

• To speed up the cases of genocide and other crimes against humanity;

• To eradicate the culture of impunity;

• To strengthen unity and reconciliation among Rwandans;

• To prove the Rwandans’ capacity to solve their own problems.

Gacaca was a system of justice put in place in Rwanda to deal with crimes of the 1994 Genocide against the Tutsi at the community level. It was adopted from the traditional court system. These courts were created to handle the high number of cases that awaited trial in national courts. They aimed to bring justice and reconciliation in the community. Communities elected judges in various villages to hear trials of genocide suspects. Gacaca Courts handled genocide crimes. They concentrated on urging people to repent and reconcile with their communities.

There were about 12,000 Gacaca Courts which heard and determined about 1.2 million cases throughout Rwanda. These courts were officially closed on 4th May 2012.

Form groups of four.

1. Discuss and debate about the structure and role of the Gacaca Courts in conflict solving and resolution in Rwanda.

2. Write short notes down.

3. Present them in a class discussion.

Organic Law No. 40/2000 of 26th January 2001, governing the creation of Gacaca Courts determines the organisation and functioning of the courts as follows:

A Gacaca Court is created, in each Cell, Sector, District ‘or Town’ and Province/Kigali City of the Republic of Rwanda. This court is responsible for handling crimes of genocide and other crimes against humanity committed in Rwanda between October 1st, 1990 and December 31st, 1994 within the limits of the law.

Each Gacaca Court is comprised of a General Assembly, a Bench and a Coordination Committee.

The General Assembly of each Gacaca Court holds an ordinary meeting once a month and an extraordinary session whenever it is required for the proper functioning of the Gacaca Court. Decisions of the General Assembly are taken by consensus or, otherwise by the absolute majority of its members. This monthly meeting is aimed at evaluating the activities of the Bench and the Coordinating Committee. It is convened and chaired by the President of the Coordination Committee, out of his own initiative or as requested by at least a third of the members of the Gacaca Court Bench.

Where the president has a justified reason that hinders him from convening the General Assembly, the meeting can be convened by one of the vice-presidents. In case the president refuses to convene the General Assembly, the Bench of the court can meet summoned by at least 7 of the members and a quorum of 14 members. They designate one member who will summon the General Assembly.

Apart from the General Assembly of the Cell, the Gacaca Court is called upon to give information regarding the perpetrators and victims of the genocide; where every inhabitant of the Cell should indicate the place where he or she resided before and during genocide. The individual should also testify on what he or she knows about the crimes of genocide committed in the Cell.

The General Assemblies had the following common attributions:

• To present means of prosecution and defence evidence during the hearing;

• To elect members of the Gacaca Court Bench and their substitutes;

• To constitute necessary additional Benches within the Gacaca Court of the Cell;

• To elect the members of superior Gacaca Courts;

• To examine and adopt the report of activities done by the Coordination Committee.

The members of the Bench of the Gacaca Courts commonly known as InyangamugayoJudges are Rwandans of integrity elected by the General Assembly of the Cell in which they reside. In order to be considered a Rwandan person of integrity, the following conditions should be fulfilled. One should;

a) have good behaviour and morals;

b) be truthful;

c) be trustworth

d) be characterised by a spirit of sharing speech;

e) not have been sentenced to a penalty of at least 6 months imprisonment;

f) not have participated in perpetrating offences constituting the crime of genocide or crimes against humanity;

g) be free from the spirit of sectarianism and discrimination

The Coordination Committee is composed of a president, first vice-president, second vice-president and two secretaries, all of whom must know how to read and write Kinyarwanda. Members of a Gacaca Court Seat elect the Coordination Committee among themselves, with a simple majority.

The Coordination Committee of every Gacaca Court shall carry out the following functions:

• To convene, preside over meetings and coordinate activities of the Bench for the Gacaca Court as well its General Assembly;

• To register complaints, testimonies and evidences given by the population;

• To receive and record files for suspects answerable to the Gacaca Court;

• To register appeals filed against judgements passed by the Gacaca Courts;

• To forward files of judgements appealed against the Gacaca Courts of Appeal;

• To register decisions made by organs of the Gacaca Court;

• To prepare reports of activities of the Gacaca Courts;

• To implement decisions of the General Assembly and those of the Gacaca Court Bench;

• To immediately transfer the report of activities approved by the General Assembly of the Gacaca Court to superior Gacaca Courts.

Note: The Coordination Committee of the Gacaca Court meets as many times as possible, convened by its president, out of his own initiative or requested by at least two members of the committee. In order to sit validly, the Coordination Committee should have at least three of its members present, one of whom should be a secretary. Decisions are made by consensus. If there is no consensus, the matter is submitted to the Gacaca Court Bench.

The law provides for specific duties for each Gacaca Court:

The Cell Gacaca Court exercises the following duties:

• To make up a list of individuals who resided in the cell before and after the genocide, individuals suspected to have participated in the genocide and victims and their damaged properties;

• To bring together the files forwarded by the Public Prosecution;

• To categorise suspects according to the provisions of this Organic Law;

• To try cases related to properties;

• To give a ruling on the disqualification of members of the Bench of the Gacaca Court of the Cell;

• To receive confessions from individuals who participated in the genocide;

• To forward the files which are not in their jurisdiction to the competent courts;

• To elect members of the Coordination Committee.

The Gacaca Court Bench of the Sector, District or Town and that of the Province or Kigali City has the following duties among others:

• Making investigations, if necessary, on testimonies given;

• Receiving confessions from individuals who participated in the genocide;

• Giving a ruling on the disqualification of members of the Bench;

• Trying cases falling under its jurisdiction, after making sure that suspects forwarded to it, have been categorised in conformity with the alleged offences,

• Examining appeals against judgements passed by Gacaca Courts of the inferior level within its jurisdiction;

• Electing members of the Coordination Committee;

• Examining reports of activities from the lower Gacaca Courts of its jurisdiction.

a) Gacaca Court of the Cell

The Cell Gacaca Court deals, at first level, with crimes of category 4. It also deals with objections filed against the sentence it has pronounced in the absence of the accused. The Cell Gacaca Court then categorises alleged perpetrators of genocide.

The Sector Gacaca Court deals, at first level, with defendants whose offences fall in category 3. It also deals with opposition made against sentences pronounced in the absence of the accused.

The District or Town Gacaca Court deals with crimes of category 2. It also deals with appeals filed against judgements rendered at first level or on opposition by Sector Gacaca Courts under its jurisdiction filed against the judgements that were rendered in absence of the accused.

The Gacaca Court of the Province or Kigali City deals with appeals of judgements rendered at the first level or on objection by Gacaca Courts of the District or Towns under its jurisdiction filed against the judgements that were rendered in absence of the accused.

It is the Gacaca Court of the area where a crime has been committed that is competent to deal with it:

• The jurisdiction for the Cell Gacaca Court is the administrative Cell.

• The jurisdiction for the Sector Gacaca Court is the administrative Sector.

• The jurisdiction for the District or Town Gacaca Court is the District or Town.

• The jurisdiction of the Province or Kigali City Gacaca Court is the Province or Kigali City.

Note: Where a suspect is charged with crimes committed in different areas, the trial is adjourned. The court to which a case has been filed will immediately inform the Department of Gacaca Courts in the Supreme Court, which will in turn inform the various concerned Cell Gacaca Courts instructing them to provide prosecution or defence elements of proof. The Department of Gacaca Courts in the Supreme Court transfers the received files to the concerned court to take action. The court proceeds to a new categorisation of suspects basing on supplementary elements gathered and, if necessary, transfers the file to the competent court.

Work in pairs.

1. Discuss the problems that face the Gecaca courts in conflict solving and reconciliation.

2. Write down your points.

3. Discuss them in class

Some of the prblems include the following:

• Persistence of the genocide ideology;

• Killing and intimidation of survivors of genocide, witnesses and Inyangamugayojudges;

• Destruction of equipment used in data collection (filing cabinets, books, forms);

• Inyangamugayo judges accused of participation in the crime of genocide (1,226 individuals identified);

• Leaders accused of genocide crimes;

• Refusal to testify;

• People moved to provinces where they were unknown;

• Refugees who fled Gacaca Courts;

• Partial confession of crimes causing re-categorisation or maximum penalties;

• Serious trauma cases (193 cases)

•Mobilising people for active participation in the Gacaca Court processes.

•Ensuring that everybody participated in the judicial process regardless of their status in the Rwandan society.

•Continuous sensitisation of genocide suspects about the procedures of confession, repentance, apologies and reintegrating with the society.

•Stopping intimidation and killing of genocide survivors, witnesses and judges who presided over those cases.

•Setting up security measures to protect the equipment of the Gacaca Courts from being destroyed so as to enable cases to go on.

•Taking care of traumatised individuals medically, psychologically and materially.

•Building capacities of the Inyangamugayo judges through continuous training.

•Replacing the Inyangamugayo judges accused of genocide and those found culpable of other crimes

such as corruption.

This unit explains reasons for the establishment of the Gacaca Courts and Abunzi committees, their structures as well as functioning in Rwanda. It also evaluates their respective roles at the same time analysing the environment in which they operated and still operate. It goes further to discuss the ways problems in the Rwandan society are handled.

The Abunzi are mediation committees responsible for providing mediation services to warring groups or parties. People who are elected into the Abunzi must have demonstrated ability to resolve disputes and conflicts. Lack of resources such as funds and infrastructure is one of the major challenges that affects the smooth operations of the Abunzi committees.

The Gacaca Courts was a system of justice that was put in place by the Government of Rwanda to deal with crimes of the 1994 Genocide against the Tutsi at the community level.The members of the Bench of the Gacaca Courts were known as Inyangamugayo judges.The main problem that faced the operation of Gacaca courts was the killing and intimidation of the survivors of genocide, witnesses and the Inyangamugayo judges by the accused parties.

At the end of this unit, a learner is able to examine the role of the Abunzi and Gacaca, their jurisdiction in the Rwandan society and appreciate the home-grown solutions to solve conflicts in Rwanda.

1.Define Gacaca and Abunzi.

2. Describe the organisational structure of Gacaca and Abunzi.

3. What were the solutions to the problems faced by Inyangamugayo judges during their operations?