Gacaca

Gacaca courts are more famously associated with the courts that were established in Rwanda after the genocide in 1994, as a means to support the provision of transitional justice. However, this system has its roots in a longstanding practice involving male elders in the neighbourhood meeting to solve local problems. The word “gacaca” means “short grass,” and is intended to convey the imagery of the public space where such resolutions were facilitated (Geraghty, 2020). The term is drawn from the Kinyarwanda word, umucaca, which means “a plant so soft to sit on that people prefer to gather on it” (Ingelaere, 2008).

Long before the colonization of Rwanda, in around the 17th century, gacaca courts were common sites for the resolution of disputes and restoration of order and harmony within communities, by acknowledging wrongs and having justice restored to victims (Ingelaere, 2008).

During the gacaca court proceedings, members of the community came together to address specific crimes by an individual. The offender then took responsibility for their actions and apologized for it. The proceedings also opened space for victims and survivors to ask questions on the impact of the individual and their actions, and together, they decided on a punishment for the individual. In some cases, survivors and victims would ask for specific means of restoration: The offender would have to build a house for them, or bring rice for their family on a daily basis, or share other resources (Kay, 2020).

During the Rwandan genocide, over 500,000 people were killed, tortured, and subject to varying forms of sexual assault including rape. The International Criminal Tribunal for Rwanda (ICTR), established in 1994, was tasked with prosecuting high-ranking government and army officials accused of genocide, war crimes, and a variety of crimes against humanity (Human Rights Watch, 2011). The gacaca courts were established in 2001, and worked alongside the ICTR. They were presented as a form of transitional justice, committed to promoting communal healing and rebuilding in light of the genocide. The gacaca courts heard about 2 million cases for crimes of genocide. These courts were at the core of the government's efforts to achieve national unity and reconciliation after the 1994 Rwandan genocide (Ingelaere, 2008).

However, in their execution, the courts did not align with legal standards, and did not deliver restorative justice or reconciliation in post-genocide Rwanda. The courts left behind thousands of cases incomplete (Vasagar, 2005). There were many allegations of corruption among officials in charge of these courts (Human Rights Watch, 2011). Further, crimes committed by the Rwandan Patriotic Front (RPF) could not be brought into these courts. Despite claims of offering restorative justice, the courts practiced punitive justice, where retribution was prioritized over reconciliation (Vasagar, 2005).

References

Geraghty, Mark Anthony (2020). "Gacaca, Genocide, Genocide Ideology: The Violent Aftermaths of Transitional Justice in the New Rwanda". Comparative Studies in Society and History. 62 (3): 588–618.

Human Rights Watch (2011). Rwanda: Mixed Legacy for Community-Based Genocide Courts . https://www.hrw.org/news/2011/05/31/rwanda-mixed-legacy-community-based-genocide-courts

Ingelaere, Bert (2008). "Traditional Justice and Reconciliation after Violent Conflict: Learning from African Experiences" (PDF). International Institute for Democracy and Electoral Assistance 2008. https://www.idea.int/sites/default/files/publications/traditional-justice-and-reconciliation-after-violent-conflict-learning-from-african-experiences_0.pdf  

Vasagar, J. (2005). Grassroots justice. https://www.theguardian.com/world/2005/mar/17/worlddispatch.rwanda