Jun 18

Address by Jan Pronk at the Closing of Gacaca

I visited Rwanda shortly after the beginning of the genocide on April 7, 1994.  The horror was beyond imagination. I saw terror and fear in Kigali, death bodies in the villages around, mutilated corpses in the river, an endless flow. Death was everywhere; you could smell it. In those years I had been in Cambodia, Somalia, Liberia, Bosnia and Sudan. In all these countries I had witnessed mass killings, but Rwanda was the worst ever. The questions forced themselves on us: Could this not have been foreseen? Why didn’t we stop this? Did we do enough? What to do now? Different answers were given by the international community. But for some of us three points stood out: a sense of responsibility, because we had failed to act and to protect, and feelings of shame a desire to show solidarity, supporting survivors, despite this failure the awareness of a duty to help rebuilding the nation We knew that this would require more than relief only. Causes of the tragedy would have to be addressed; justice would have to be done; revenge and repetition would have to be staved off. Confidence would have to be put in a new regime that professed to do all this. Political choices would have to be made, backing the regime, and supporting the people of Rwanda not only with humanitarian assistance, but throughout, without strings attached. The survivors of the genocide had every right to choose their own path towards justice and reconciliation and to take their own decisions concerning rehabilitation of their society. Project assistance and technical assistance would not suffice. Donors, not willing to take risks and eager to control, tend to choose such conventional recipes. However, the rebuilding of a nation in ruins demands more than restoring capacities. A completely new start will have to be made. This requires general financial assistance, remission of debts, and aid beyond traditional development programmes. So, we decided to help rebuilding legal institutions: the Ministry of Justice, training of lawyers, judicial processes, prisons, identity cards without distinctions between Hutu’s and Tutsi’s, and general budget support for the new government. The need to start anew, from scratch, required a new approach, both within Rwanda and internationally. It had to be based on trust in the new leaders of the nation. Elsewhere – for instance in Somalia, Liberia, Cambodia or Zimbabwe –  such confidence seemed less than justified, because the new rulers emerging after a violent civil war, short of a vision on a sustainable future, were seeking security through oppression rather than reconciliation. Our discussions with the new leaders of Rwanda were intense. We did not always agree. However, complete agreement was not necessary, because serving the interests of the outside world is less relevant than meeting the conditions for the rebirth of Rwanda as a community of people. We understood: it is your nation, your people, and your future which are at stake. The new leaders made clear that they had a vision about the future of Rwanda as a new nation for all people, without discrimination, and that they wanted to be a government for and of all people. They convinced us that they were trustworthy indeed and sincere in their endeavours to start a process of healing. Lessons learned Which lessons have I learned? One: prevention of genocide and protection of people demand early attention and early action, both within a nation and internationally. Early attention and action means ‘early/early’. It also means, first and foremost: early political steps. In quite a few situations in this world this lesson is yet to be applied. Two: the bigger a failure to prevent and protect, the larger the need for by early, fast and adequate action in order to help the victims and to rehabilitate the society after the violence. A slow response, hesitant answers, silence and non-action are bound to result in re-emerging and escalating violence. Three: invest in mutual trust. Take the risk trusting new leaders, who claim to seek an end to brutal violence. Start expressing confidence instead of distrust, and stay alert. Trust may prove itself. Distrust right from the beginning can have paralyzing consequences and turn into a self-fulfilling prophecy. Four: apply non-conventional procedures in international assistance and cooperation. Five: in situations of mass violence, injustice and killings: go there, see, feel, smell, listen and speak out. Do not only talk in international meetings and conferences. Go to the field, be witness, and respond on the ground. Reconciliation This conference has demonstrated that the decision, ten years ago, to apply an indigenous approach towards justice and reconciliation, was wise. It was the right way to go. I am aware that some politicians and human rights experts living abroad have expressed their scepticism about Gacaca and criticised the choices made. However, I am convinced that Gacaca has been a success. I am not saying this in order to deny outsiders, who had remained silent at the time, the right to criticize. I also do not share the opinion that Gacaca was a lesser wrong. In the circumstances which had emerged after the genocide, which had wrecked the legal system, this was indeed the best option available to try masses of perpetrators of the massacres. However, Gacaca has turned out to be more than just a better option in this regard. Healing a society after genocide demands more than administering justice and halting impunity. Healing requires truth finding and reconciliation, next to doing justice. Meeting these objectives has been made possible by empowering victims and survivors, and enabling them to tell their stories in public, to share these with each other and with the perpetrators. The judicial procedures have been implemented with dignity and honour. Gacaca has proven itself as an honest way to achieve justice, including acquittal when justified, and reconciliation. The system was not perfect. It couldn’t be, if only because of the countless numbers of victims and perpetrators. Moreover, some questions will remain, for instance those concerning the relation between personal reconciliation and national reconciliation, and – more difficult – between forgiveness and reconciliation. However, there is no doubt in my mind: the Gacaca proceedings have made an essential contribution to the rebuilding of the nation, based on justice, peace and non-discrimination. Genocide has been conducted in other countries as well. In that respect Rwanda is not unique. However, the numbers and proportions were unparalleled.  Moreover, pursuing the course of Gacaca was possible because of strong leadership, determined to establish people-centred governance. Gacaca may not be easily applicable elsewhere. Similar forms of large scale transitional justice could perhaps be tried in North Uganda or, in a more distant future, Sudan. May I venture, in my capacity as former UN Special Representative in Sudan, having been in charge of the peace operation in that country, that the healing of Sudan would also require truth finding and reconciliation, beyond legal procedures, and that it would be advisable to call on all Sudanese to participate in such a process. During this conference responsible Rwandese officials have said: the Gacaca proceedings will be closed, but the book will not be closed, because we want to keep the Gacaca culture alive. This is a promise, to be kept. May I ask you to go one step further? Please invest in reconciliation not only at home, but also abroad, beyond the national frontiers of Rwanda. Such a step would not imply a copy/paste approach to Gacaca, but the broadening of the culture, the goal and the mindset of reconciliation elsewhere. Rwanda, its people and its government, can play a role in supporting people centred indigenous approaches to peace, justice and reconciliation also in the Great Lakes countries and elsewhere, for instance in the Horn of Africa.   Rwanda is a new nation now.   The country, its leaders and its people have earned much credibility.   You deserve the respect of the international community (which, having looked away during the massacres, should be modest anyway).   Please, stay on course and help achieving international reconciliation as well.
Jun 18

Speech by President Paul Kagame at the closing of the Gacaca

Ten years ago we launched the Gacaca courts as our answer to the daunting issue of post-genocide justice and the rebuilding of our nation. Today we gather here to close those courts, largely satisfied that we have achieved most of what we set out to do. All of us Rwandans can be pleased about our participation in the Gacaca process that made this achievement possible, and about bringing it to a successful close. Many friends from across the world, some of whom are here with us to share in this important moment, contributed in significant ways to the success we mark today. And to all of you, we say, thank you. Today’s event is therefore not simply to mark the closure of the courts, but also a recognition of the enduring value of the process. It is a celebration of the restoration of unity and trust among Rwandans, and reaffirmation of our ability to find our own answers to seemingly intractable questions. The Gacaca process and experience has been an important phase in the history of our country. It has been a period when we sought to reunite our nation, inspire confidence in the administration of justice and hold each other accountable for our actions. Gacaca, granted, had its imperfections. It received criticism both from within and outside Rwanda, yet those criticizing offered no viable alternatives that could deliver the results we needed. Despite all this, Gacaca has served us very well, and even exceeded our expectations. It challenged every Rwandan into introspection and soul-searching that resulted in truth-telling, national healing, reconciliation and justice. And it worked because Rwandans largely believed in it. We are still convinced that there could have been no better alternative, and welcome the continued discussion in legal, judicial and academic circles to adapt and improve it. At different times in their history, nations are faced with unique challenges for which they have to make unique choices. Their response becomes the defining moment, determining whether they prosper, falter or fail. If you stick to convention, you may lose touch with reality – which sometimes demands imaginative and unorthodox solutions. Let’s reflect for a moment, on the immediate aftermath of the genocide, and the amount of challenges our country faced, many of which tested us all to the limit. One of these challenges was how to provide redress for victims, hold perpetrators accountable for their crimes, and restore harmony among Rwandans. Given the magnitude of the problem, including the numbers involved and limited resources at our disposal, conventional justice as we know it could not deliver the results that we sought. We had three choices: first was the more dangerous path of revenge, or secondly, grant general amnesty, both of which would have led to further anarchy and destruction. But we chose the third and more difficult course of dealing with the matter decisively and restoring the unity and integrity of the nation. We turned to Gacaca, our traditional conflict resolution mechanism, and adapted it to respond to the challenges facing us. Today, Rwandans have rediscovered their collective self-worth and confidence to help us find solutions to other challenges we have. Equally, the value and effectiveness of Gacaca will be measured against the record of other courts, principally the International Criminal Tribunal for Rwanda (ICTR). The ICTR has tried about sixty cases, cost about 1.7 billion dollars and left justice wanting. Yet, at significantly less cost, the Gacaca process has had the highest impact in terms of cases handled, and has delivered justice and reconciliation at a much higher scale. Distinguished Audience; For us the lessons of Gacaca go beyond justice and embrace other facets of national life. Gacaca has empowered Rwandans in ways few could have envisaged. It has illustrated the liberating value of truth. When truth came out in court, from both the perpetrators and survivors of genocide, from witnesses and the community – freely, not at the prompting or tutoring of paid lawyers – it set everyone free and prepared the ground for the restoration of social harmony. It was then possible to genuinely seek and be granted forgiveness. This has been at the heart of our unity and reconciliation efforts, and we are stronger as a nation as a result. Gacaca was an important end in itself, for justice and reconciliation – and in fact, it served a purpose far greater than that. With reconciliation – and peace, calm, and sense of purpose it brings – Rwanda has been able to make progress that is evident. The spirit of openness and readiness to break with the past and start afresh that has been embedded in everything we do will undoubtedly be one of the key legacies of Gacaca. Central to everything we do has been the need to empower citizens to make decisions about what directly affects their lives. Nowhere has this been more evident than in Gacaca where there has been community level discussions and collective decision making, from the vetting of judges, gathering of evidence and hearing of cases to delivering the verdict. It has been a process where the contribution of every Rwandan has been valued. This has led to mobilizing our cumulative strength towards common goals, and restoring respect for the sanctity of life, resulting in increased productivity of our country in many ways. It is often said that in conventional judicial systems, justice is rendered in the name of the people, even when they really have had very little to do with it. Gacaca has been justice literally administered by and in the name of the people.This has resulted in selflessness and patriotism in the citizenry, as exemplified by the Inyangamugayo. It is the spirit of the new Rwanda – bold enough to tackle complex challenges together. Although we are closing Gacaca courts today, we are aware that they have not resolved all problems. Many issues remain outstanding and will be dealt with through the formal courts. I would like to conclude by noting that the legacy of Gacaca will be with us for generations to come because it is part of our heritage. The practice of discussion and consensus – best captured in the Kinyarwanda phrase, “kujya inama” – will continue to be at the centre of our governance and development agenda. Gacaca has achieved what it has because of the contributions of many individuals, organisations, and governments. I wish to pay particular gratitude to our Development Partners, and in particular, the UNDP and the Governments of Austria, Belgium, the Netherlands and Switzerland for their invaluable support to Gacaca’s success. I also extend our gratitude to the many friends of Rwanda across the globe in academia, the media, industry and in ordinary life for supporting the process in various ways. But above all, I want to thank Rwandans for their full participation, especially the Inyangamugayo, for their commitment and dedication to hearing and judging the many cases that came before them. We should all be pleased that today, Rwandans live and work together for their wellbeing and common good as we look forward to the start of another chapter in our nation’s development. It is now my solemn duty to declare the Gacaca Courts officially closed.