THE GACACA PROCESS

Abstract

which up to a million Tutsis and moderate Hutus were killed, the Rwandan government has launched a national judicial process aimed at bringing the perpetrators of the genocide to justice. Although trials of genocide suspects have been under way since 1996, according to some estimates it would have taken the Rwandan judicial system up to 150 years to try the over 100,000 people already detained on charges of genocide. Faced with this reality, the Rwandan government created the gacaca courts in 2001. They were subsequently introduced in a small number of pilot areas in two phases in 2002, and at national level in early 2005. One of the key objectives of the gacaca courts is to eradicate the ‘culture of impunity’ in Rwanda. Many Rwandans feel strongly that if the authors of past ethnic massacres in Rwanda had been properly punished, the 1994 genocide would not have taken place. Without proper justice, they say, impunity cannot be eradicated, and reconciliation, which is the second key objective of the process, will remain impossible. Based on a traditional form of communitylevel conflict resolution, the gacaca courts are essentially grassroots courts presided over by a group of nine judges who are elected by the community. The gacaca courts meet once a week, initially to gather, collate and, to some extent, verify information about what happened during the genocide, who was killed, and who may be accused of having participated in the killings. Once the information gathering period is completed, the courts move to the trial phase during which the accused will have an opportunity to defend themselves, or to plead guilty and confess. The hearings of the gacaca courts are public and mandatory, and are intended to promote widespread participation with the aim of getting as much information as possible about what happened during the genocide. So far, the experience of the pilot phase of the gacaca courts indicates that participation is high during the introductory stage of the process, largely as a result of curiosity, and tends to taper off somewhat later on. This has been attributed to a number of things, ranging from fear of reprisals for speaking openly and accusing people, to a significant loss of work time when attending the weekly meetings. It is too early to evaluate how participation at national level will evolve; however, the introduction of the gacaca courts at national level has created an atmosphere of heightened tension around the process. Observers agree that while the gacaca process was taking place in only a few areas of the country, it remained a source of curiosity. However, now that it has been introduced on a nationwide level, it has become a reality for all Rwandans – a reality that will force Rwandans to revisit the darkest period of their history each week for as long as the gacaca courts function. Revisiting this period of their THE GACACA PROCESS