Go forward by going back

Seeking a better understanding.

Archive for the ‘Law’ Category

Gacaca

without comments

Are gacaca courts still relevant?  Kenneth Roth suggests that the answer is “No.”  Roth provides several other reasons to be skeptical of Paul Kagame’s government.

One tool of repression has been the gacaca courts — informal tribunals run without trained lawyers or judges — which the government established at the community level to try alleged perpetrators of the genocide. The original impetus was understandable: Rwandan prisons were overpopulated with tens of thousands of alleged genocidaires and no prospect of the country’s regular courts trying them within any reasonable time. The gacaca courts provided a quick, if informal, way to resolve these cases. In theory, members of the community would know who had or had not been involved in the genocide, but in reality the lack of involvement by legal professionals has left the proceedings open to manipulation.
Today, 15 years after the genocide, people are still coming forward and accusing their neighbors of complicity in it, suggesting that gacaca has morphed into a forum for settling personal vendettas or silencing dissident voices. The prospect of suddenly being accused of past participation in the genocide, with little legal recourse against concocted charges, is enough to make most people keep their heads down in the political arena.
The government says it will close the gacaca courts in June. But the government has another tool of control — the crime of “genocide ideology.” Formally adopted last year, the law outlawing “genocide ideology” is written so broadly that it can encompass even the most innocuous comments. As many Rwandans have discovered, disagreeing with the government or making unpopular statements can easily be portrayed as genocide ideology, punishable by sentences of 10 to 25 years. That leaves little political space for dissent.
…Western governments, guilt-ridden at not having stopped the genocide and impressed by Rwanda’s stability and economic growth, have been all too willing to close their eyes to this repressive sleight of hand.
But Kagame’s strategy is shortsighted and dangerous. He claims to be building a society in which citizens are only Rwandans, not Tutsi or Hutu, but his repression of civil society means that avenues to forge alternative bonds among people are limited. That makes it more likely that in moments of tension Rwandans will resort to their ethnic identity, as so often happens in repressive societies.

Written by Niall Keleher

April 13, 2009 at 7:58 am

Posted in Africa, Law, Rwanda

Tagged with ,