   |
|
afrol.com, 1 December - The Rwandan Government has informed that it is now working together with civil society on the implementation of the controversial "gacaca" informal courts. The courts are put forward as a solution to the prolonged detention of 125,000 genocide suspects in Rwanda, but have been criticized as "summary" by the opposition. More than 50 Rwandan NGO's this week discussed with the Government how best to build awareness about the "gacaca" judicial initiative. According to the President of the "gacaca courts", Mrs. Aloysie Cyanzayire, the principle objective of the workshop was to discuss how the NGO's can work with the Ministry of Justice to sensitise the population about "Gacaca". The "gacaca" court system is an initiative of the Rwandan Government aimed at speeding up trials of genocide suspects by having the cases heard in community courts. The "gacaca" trials will also allow more participation of the population in the justice process, thus contributing towards reconciliation, according to information from the Kigali Government. The radical, exiled opposition party, Rally for the Return of Refugees and Democracy in Rwanda (RDR), based in Montreal, Canada, has strongly protested against the widespread use of "gacaca courts" put forward as a solution to the overcrowding of state prisons in Rwanda. The institution of "special government-run gacaca courts violates the UN Basic Principles on the Independence of the Judiciary," according to the RDR. The law establishing the "gacaca courts" was presented to the Transitional National Assembly for debate and approved on 13 October this year, however after sharp protests by the opposition. "Gacaca jurisdiction is our only option in a bid to speed up genocide cases," Rwandan Justice Minister Jean de Dieu Mucyo said at that occasion. He also stated on Radio Rwanda that special "gacaca committees" would be created, composed of representatives from government, civil society and the donor community. Traditionally, the gacaca courts in Rwanda are voluntarily used by two parties who agree on the person who will hear their case and reconcile them by settling their civil disputes out of ordinary courts. However, according to the RDR opposition, "the proposed government-run gacaca courts imposed on the parties, headed by non-democratically elected judges with no qualification in law, empowered to hear serious criminal matters as crimes against humanity and to impose jail terms, have nothing traditional at all and constitute a mockery of justice." According to a Government spokesman, however, the "gacaca courts" will only hear cases of suspects in categories 2-4 of genocide suspects. These categories are for suspects accused of theft, destruction of property and other related crimes during the genocide. The Rwandan Government, recognising the controversial nature of the matter, has earlier had discussions with national and international organisations and donors on "gacaca" courts "so that we can exchange ideas on how we will work as a team in the activities of sensitising people on gacaca and monitor its activities," according to Minister Mucyo in October. One of the offsprings of these discussions were the present workgroups with local NGOs. Educating the local population on the courts' functions is fundamental to the project as "gacaca" courts are set to be 'peoples courts'. This week, meeting participants were given an intensive training programme about the law governing the functioning of "gacaca" courts, to enable them fully understand before going on to educate the people. "All those involved in teaching the people on the implementation of Gacaca need to fully understand the law so that they are equipped with the necessary information they need to take to the people," Gacaca Courts President Cyanzayire said before the meetings. A survey by the Rwandan human rights organization LIPRODHOR found that three Rwandans out of four back the
"gacaca" project. It said 81% of people questioned believed that there was no other way of dealing with the legal aftermath of the genocide than through the existing judicial system and the
"gacaca" courts. But 51% said they feared a failure of the
"gacaca" project could lead to ethnic conflict, with inevitable socio-political consequences, according to the Fondation Hirondelle. Source:
Based on afrol archives and Rwandan Government
|
