Gacaca courts: "justice needed to be witnessed by the very people who experienced the lack thereof."

Last Saturday, I walked by a large group of people. In the middle stood a man in pink facing the rest of the crowd: Gacaca courts.
Gacaca courts used to be traditional councils made up of elders to resolve conflicts. Literally, it means "a resting relaxing green lawn in the Rwandan homestead" (yes, all of that) where family members and neighbors met to exchange views and resolve conflicts.
It is a collectivist reconciliatory process that has been central to African justice for centuries.
Today, Gacacas continue to define society and are now being used to try genocide suspects.

Reconciliation is key. In kinyarwandan reconciliation is kwiyungo, meaning "to mend ourselves": it means that restorative justice should take precedence over punitive or retributive justice. Indeed, a dialogue takes place between all the parties involved: victims, judges, community and criminal.This type of dialogue is quite rare in traditional/typical trials and dialogue is meant to ensure that the offender understand the harm he has caused (this is quite optimistic in a way.I'm not sure they always understand their actions). The goal is to make amends and to make the offender personally accountable. To reach that goal, the accused must acknowledge the pain he has caused and ask for forgiveness (this idea is quite optimistic as well. family obviously have a hard time forgiving the offender)
Gacaca always take place in the communities in which the crime was committed. This is important since the International Criminal Court for Rwanda was based in Arusha, Tanzania, making it almost impossible for anyone to travel there. Victims and witnesses had to be brought there but families and the rest of the community could hardly attend trials. Rwandans felt that the tribunal had been sat up to please the international community who had failed to come to the help of Rwandans during the genocide.
This is one of the reasons why Gacaca courts are being used. there are other reasons as well: after the genocide, the country's infrastructure and law and order were in a state of collapse. Judicial institutions had ceased to exist and many judges had participated in the genocide, had fled to the Congo or, because they were Tutsis, had been killed. There was also an extremely large number of perpetrators: 818,564 suspected of having committed crimes of genocide. The process turned out to be extremely slow and tenuous. By 2000, 120,000 suspects were still cramped in prisons living in inhuman conditions (I have heard horror stories about prisoners having to stand all day, making their feet swell and hard like rock to the point that the prisoner could simply "take off" his toes. I know....disgusting). There was a need for speed. The new government therefore decided the merge two objectives: the rehabilitation of the fragile justice system and the organization of genocide trials the Rwandan way.
The courts have 4 objectives: bring the conflict into the open; involve the whole community; provide compensation; bring offenders back into the community. Truth, reconciliation and punishment are central. By coming forward the perpetrator would get "rewarded" with reduced sentences.
The accused persons were put into 4 categories (later 3):
1. those whose planned, organized, instigated, supervised, led the genocide and committed crimes.The first category of perpetrators were tried in Arusha at the International tribunal for Rwanda. These included\ Ministers, the Prime Minister, military officials, religious leaders.
2. those who committed homicide or attacks intended to cause death
3. those who participated in serious attacks which were not intended to cause death
4. property crimes

Gacaca are still taking place today. It is estimated that 1.5 million have been tried by now.By 2008, the courts had tried 1,127,706 cases. The process helped put the nature of the genocide into context while also considering the historical, political and cultural context of the society in transition. The state also showed that it was able and willing to act and wanted to work according international human rights standards. Whether the process has truly worked will have to been seen. I am sceptical about full reconciliation and believe that considering the amount of crimes committed and mass the violence that took place, people do not trust each other and certainly not neighbours (it was common during the genocide for someone to kill a neighbour even though they had lived side by side for years). I am scared that something will happen that will trigger new violence. We'll have to see.

Belgian Memorial pictures

Kigali at the bottom of the hills

Jeannine's house

I visited one of my student's homes on Friday.She lives in one of the poorest part of the city, that is at the bottom of the hills (it's terrible when it rains because it gets really muddy and you always have risks of mudslides.Her house consists of one room divided in two by a curtain.On one side you have a mattress for her and her dad (her mother died a few years ago and her sister left the house and got married) and on the other side you have a wooden bunk where they eat and cook.That's it in terms of furniture.They hang their belongings on the wall (clothing etc) No kitchen whatsoever, no electricity, no windows.It's just dark and very stuffy.Jeannine is doing quite poorly at school and you kind understand the reasons when you the her study environment.
The house is situated at the bottom of one of Kigali's hills: and the place is like new world, separated from the rest of the city or what is up the hill.Own little world.It has a small market, a few bars, little shops, hairdressers, etc (nothing fancy, just barracks).To get to the city center you have to go up to hill (very steep) and take a bus.I think mostly people stay down there, except for the kids who go to school.It's a really strange place but people all know each other and greet each other.They have very little yet, as cheesy as it sounds, they have each pother and neighbors help neighbors.Also, there are A LOT of kids down there, which is quite disheartening because jobs are already lacking and I don't see it getting any better any time soon.Rwanda's population is already very large considering the country's size and it is still growing.
I hope her and her dad some groceries because it really seemed like they had absolutely nothing.
Most of the kids and women I work with live in that area.I'm visiting another on Thursday.

Belgian memorial

There's a small memorial for the 10 Belgian UN soldiers in Kigali.The memorial (old military barracks) is actually situated where they got killed so you can still see the bullet holes, grenades and even some blood.It's pretty grim, especially since I've seen the barracks in documentaries and movies.In "Shake hands with the Devil" you see the bodies of two Belgian peacekeepers on the floor.This is where it happened.The memorial was established with the help of the Belgian government and there's also a little museum attached to it.The families of the victims came not long ago and wrong some angry words against UN General Romeo Dallaire and Belgian Military Officer Marchal.. They hold them partly responsible for the death of the 10 soliders.While I understand their gries, I believe Dallaire and Marchal shouldn't be held accountable.Dallaire sent a telegram to the UN warning them about growing tensions and killings and asking for troopps but the Un refused.It was chaos over there and I thinkn he was trying his best considerting the situation.He was pretty much alone and I don't think he could have known his men would be killed.

On another note: I only have one week left!So much to do still.