THE UNTOLD STORIES: THE LEGACY OF THE GACACA COURTS
Today the Gacaca Courts have closed officially, however the Minister of Justice outlined the achievements of the above courts without mentioning the wounds and scars these courts have left in the Rwandan Society.
The idea of Gacaca courts was born from the ‘traditional’ dispute settlement mechanism which Rwandans used to solve the socio-political universe of the time.
The word ‘gacaca’ means ‘justice on the grasses. In fact, the name Gacaca is derived from the word ‘umucaca’, the Kinyarwandan word referring to a plant that is so soft to sit on that people preferred to gather on it. Therefore the Gacaca was used to settle disputes to bring back harmony in the society while addressing the root cause of the problem at the same time.
Initially the idea sounded good and the Gacaca Courts had the following Objectives which will be discussed one by one to find out whether they have achieved these expectations.
1. To reveal the truth about what has happened
2. To speed up the genocide trials
3. To eradicate the culture of impunity
4. To reconcile the Rwandans and reinforce their unity
5. To prove that the Rwandan society has the capacity to settle its own problems through a system of justice based on the Rwandan custom.
Did Gacaca courts help to reveal the truth as number objective one suggests?
If you ask the leaders of RFP and some confused foreigners will definitely tell you that Gacaca courts achieved 95 % of revealing the truth, this is not only a theory but also very difficult, you can’t get the truth by duress and intimidation, it is the common knowledge in the legal system that any information obtained by duress is inadmissible in the courts of law. Therefore as Gacaca courts were concerned, the defendant was safer to lie than telling the truth, indeed, many people told lies so that they could be set free. It could be submitted that many criminals are enjoying freedom while at the same time many innocent people are either in jail or went to exile.
The second objective was to speed up the genocide trials, as the saying goes that justice delayed is justice denied, but justice should be fair and impartial, speeding a trail for the sake of pleasing the international community, exploit the vulnerable, get huge sums of money and use it for your own benefit, it is not only illegal but also a miscarriage of justice. The readers of this article should be reminded that Gacaca courts were also used a weapon of mass destruction, it was not only used to eliminate all the political opponents but also to coerce many to submission and join RPF. Indeed, people like Boniface Rucagu, Celestin Rwigema, Rwarakabije, just to mention a few. Journalists who dared to criticize the government were killed; Rugambage Jean Leonard of the UMUVUGIZI was murdered by some people who said were not satisfied with Gacaca courts.
The third one was to eradicate the culture of impunity, whereas it is true the culture impunity should not be sanctioned, as I have already mentioned above, intimidation, selective justice, cannot eradicate impunity, it rather consolidates the culture of impunity and above all creates a culture of revenge at the opportunity time, in otherwords, Rwanda is sitting on a time bomb waiting to explode.  You cannot eradicate the culture of impunity by imprisoning innocent people disguising in the cocoon of justice. People like the former President Pasteur Bizimungu, Deo Mushayidi, Ntakirutinka Charles , Ingabire Victoire, Bernard Ntaganda , again to mention a few and you come out smiling saying that you are eradicating impunity, it is rather the other way round.
The forth objective was to reconcile the Rwandans and reinforce their unity, it is unfortunate that when people talk of reconciliation, they only see it in the mirror of taking few individuals to these courts and sentence them to life. I will argue that justice is more than that, whereas the genocide left orphans and widows, it is equally important to know that, the children and women of those who are in prisons are not only orphaned or widowed, but they also have a burden of feeding those in prisons and also cater for the school fees and all other human needs. This government of RPF did not consider this burden as state burden; it is therefore not only misleading to say that, Gacaca has achieved reconciliation, but also a disservice to the future co-existence of the Rwandan communities. Again on this point I will argue that, neither reconciliation nor unity has been achieved.
The final objective was to prove that the Rwandan society has the capacity to settle its own problems through a system of justice based on the Rwandan custom. Again for the foreigners who just come on the streets of Rwanda guided by the Intore of RPF will definitely say that Rwanda has solved the problems using its own invention. It is equally possible to fail to get a negative answer if you put this question for debate publicly, this is not because people have no different views on this matter, but if they dare to say so, they will end up in jail or killed. I will therefore argue that Rwanda has not solved any problem but rather has suspended all the problems for the future generations as its former leaders did.
Jaqueline Umurungi
Brussels.
Ayayayah!!! Mbega gusebanya no guharabikanya!!! Mme MURUNGI, you need to take the views of Rwandans not your invented sugar coated rumours. What you have been concluding about gacaca is the opposite and what impact it has left to Rwandans is highly recognised and apriciated. Please stop sowing seeds of hatred, lies, confusions and misleadings to Rwandans based on your own interest “mpemuke ndamuke” shaka ahandi utekera imitwe ureke urwakubyaye!!!!!
Umurungi ntaho abeshye na hamwe. Ni uko bidashoboka gukora independent investigations mu gihugu gitegekeshwa iterabwoba, naho ubundi ibyo Umurungi avuga ni byo.
nanjye ntangiye gukemanga inyandiko za Jacqueline Umuringi if she is so called, iyaba wowe ureberera U Rwanda wari kubigenza ute before one million suspects n’inkiko zari mu Rwanda zitarengaga 12. ha mwabantu mwe mushake indi nzira yo gusebya Leta kubera inyungu zanyu bwite ariko ku cya gacaca nimwihorere ribara uwariraye!!!!!!!!!!!!!!!!!!!!! hari ibibazo zazanye ariko mwibaze uburemere bw’imanza gacaca zaciye sha utabusya abwita ubumera/ God bless u
Gacaca yatangiye abana banjye batanu bose bafite ba parrains na ba marraines mu gihugu, none irangiye bose bari hanze y’igihugu bahunga iyo Gacaca nyine. Niba ibyo ari ubwiyunge, ubanza ntazi ikinyarwanda.
It is clear that mr/ms Rugaju has no colleague, friend, parent or anyone involved in gacaca courts. He/she is rather a very good listener of radios in Rw.
I share the point of view of Madam Umurungi.She is right to say that Gacaca courts were a failure.If these courts had been efficient ,they would not brought to a halt, while genocide suspects are still many in Rwanda.You do not change a winning team.
It is true that Habyarimana knew very well that the problem of refugees was hidden and unsolved,he pushed to tomorrow for future generation.Now his sons are paying the price(I do not mean his biological sons,but the whole generation).Now Kagame is forcing tousands of Rwandans to exile.In stead of looking for solutions ,he is creating problems for futre generations.His sons (a WOLE GENERARTION)will pay the price.
How do we Rwandans go about this?Should we stand aside and look while Kagame is killing our future ?Do we have to fulfil the book?God forbid.Let us stand up for our rights if we are to enjoy peace in the future.
Umurungi, Imana igumye kukongerera ubwenge no ku kurinda abicanyi b’i Kigali. Jyewe nkunda uburyo ukora analyse y’ibibera mu Rwanda ukoresheje ukuri ureke Intore za FPR zisa n’izitakibona. Nk’iyi ntore ivuga ngo urahemuka kugirango uramuke niyo ahubwo ibikora. Gumya ugeze k’ubumva ururimi rw’Icyongereza ubugome bwa FPR yenda amahanga azashyira amenye ukuri. Ngaho Isumba ybose igumye ku kurinda hamwe n’abawe. Urakarama mutegarugori wuje ubwenge.
Umurungi we komera cyane. Nezezwa n’uburyo ukora analyse ya situation y’u Rwanda. Imana ikongerere imbaraga n’ubuzima. Gumya ubwire abumva Icyongereza ibibera mu Rwanda yenda bazashyira bamenye ukuri. Ntucibwe intege n’intore za FPR zisa n’izitakibona, zizi gutukana gusa.
Imana igumye kukurinda hamwe n’abawe bose.
Rwabuzisoni
Ask them why did not bring to gacaca trial all killers of RPF who killed our innocent parents,brothers and sisters at Byumba stadium, Kagamba(KINYAMI),RUTARE(APEGIRUBUKI) and else where during genocide? Ours barabishe hanyuma barabatwika my friend! Kubibuka cyangwa ngo ubunamire ni icyaha gisumba ibindi. Hanyuma ngo ubwiyunge,ubutabera! Niba tutibeshya turabeshya abana bacu!)