1. RESTORATIVE JUSTICE IN RWANDA THE GACACA COURTS EXPERIENCE By: YANKULIJE Odette Principal State Attorney MINIJUST

2. INTRODUCTION
The Genocide committed against the Tutsi in Rwanda in 1994 claimed over 1,000,000 victims while over 3,000,000 people had fled the country immediately after Genocide.
Over 120,000 suspects were provisionally incarcerated waiting to be tried.
The most challenging problem that the Government of National Unity had was justice for Genocide crimes ;
Demand for justice from both prisoners and Genocide survivors as well inter

3. INTRODUCTION(CONT’) No law repressing Genocide crimes at that time;
Government institutions, including its justice system was destroyed ; many judicial personnel had been killed in the Genocide and surviving ones had fled the country;
Infrastructures, files everything destroyed;
Rwandans led by the Gov. of Nat. Unit decided to find themselves a solution;

4. SPECIAL CHAMBERS FOR GENOCIDE CRIMES
on August 30, 1996 the Government of Rwanda enacted an Organic Law n° 08/96 of 30 organizing the prosecution of Genocide crimes and other crimes against humanity committed from the first of October 1990;
The law also created special chambers in ordinary and military courts to try these crimes;
In collaboration with friendly countries and international organizations, the Government organized training courses for employees in the Justice System to enable them to prosecute and try Genocide cases

5. SPECIAL CHAMBERS (Cont’)
These specialized chambers began the trial of Genocide cases in December 1996, five years later, an assessment of progress showed that only 6,000 cases had been tried and closed;
At this pace, it meant that it would take over 100 years to conduct the trials of the suspects who were already in prison;
Note that the number of Genocide suspects to be tried did not include only those who were already in prison; many other Genocide suspects were still at large in Rwanda and in exile
Justice delayed is justice denied

6. IDEA OF GACACA COURTS
Consultative meetings were organized by the Office of President of the Republic at Village Urugwiro between 9 May 1998 and 6 March 1999.
Rwandans of various social interests were represented in discussions attempting to find possible solutions to the challenges of justice.
It was decided during these consultations that it was necessary to conceive an alternative mechanism that would provide justice for the people during their natural lifetime;
It was concluded that the Rwandan Traditional Gacaca process should be applied and complemented by the necessary laws in order for its proceedings to be conducted as court trials.

7. OBJECTIVES OF GACACA
Gacaca Courts process was initiated with the following objectives:
1. Identifying truth about what happened during
the Genocide;
2. Speeding up Genocide trials;
3. Fighting against the culture of impunity;
4. Contributing to the national reconciliation and
unity process;
5. Demonstrating the capacity of the Rwandan
people to resolve their own problems

8. ORGANISATION AND FUNCTIONING
Judges were wise people elected by their neighbors;
Voluntary work;
Active participation of everyone in Gacaca process (18 years and above);
Involving all classes and categories of the Rwandan society;
guilty plea, repentance and apologies programs
Categorization depending on the offences committed (4 categories )
Gacaca court sat different levels (ex. Cell and Sector ) as well as Appeal courts;
Penalties: Imprisonment, TIG, Restitution (equivalent)

9. SOME ACHIEVEMENTS OF GACACA COURTS
Cases tried before Gacaca Courts in general
Basing on the above mentioned objectives, Gacaca Courts have yielded marvelous results ranging from trials and contributing to national reconciliation based on trust among Rwandans.
The table below shows how many cases were tried in 1ST to 3rd (murder and other violence against individuals) category and other related details like confession, acquittal and conviction at each level of trial.

10.  Category
Number
of Cases
Convicted
Acquitte d %
All
Guilty plea and Confession
Cat 1
60,552
53,426
  88.3 %
22,137
41.4 %
7,126
11.7 %
Cat2
577,528
361, 590
62.6 %
108,821
30 %
215,938
37.4 %
Cat 3
1,320,554
1,266,63 2
96 %
94,054
7.4%
54,002 4%
Total
1,958,634
1,681,64 8
85.85%
225,012
14 %
277,066
14.14%

11. Cases tried at the level of Appeal
As shown below, Gacaca Courts tried 178,741 cases at the level of appeal; representing 9 % of the 1,958,634 cases tried by all Gacaca Courts.

12. Category
Number of cases
Convicted
Acquitted %
All
Guilty plea and Confession
Cat 1
19,177
16,688
87%
6,731
35 %
2,489
13 %
Cat2
134,394
93,607
80,6 %
26,019
19%
40,787
30 % 
Cat 3
25,170
22, 607
90%
562
2,4 %
2,563
10 % 
Total
178,741
132,902
74%
33,312
25,8 %
45,839

13. Cases related to damages to properties
Total cases for damaged or rooted properties: 1,320,554
Convicted: 1,266, 632 (restitution)
Acquitted: 53,922

14. EVALUATION OF THE ACHIEVEMENTS OF GACACA COURT
Most Rwandans believe that Gacaca Courts have magnificently contributed to their well being.
A study was carried out to learn how Gacaca has worked basing on each of its objectives.
The Centre for Conflict Management of the National University of Rwanda (CCM) carried out the research to determine the extent to which the Gacaca Courts attained its five set objectives coming up with the following results:

15. Finding out and disclosure of the truth about
the Genocide: 83.5%.
Speeding up of genocide trials: 87%.
Putting an end to the culture of impunity:
86.4%.
Strengthening unity and reconciliation:
87.3%.
Demonstrating the capacity of Rwandans to
resolve their own problems: 95%.
The total average percentage being %.

16. SOME OF THE OUTSTANDING VALUES AND LESSONS HIGHLIGHTED DURING THE GACACA COURTS PROCESS
Self-confidence and hope;
Trying a huge number of Genocide suspects within reasonable time (from );
Lessons learnt from Gacaca on human rights;
The courage to hide those who were being hunted during the Genocide;
Identification of hidden bodies and that allowed to burry them with dignity;
Building the nation through community service as an alternative of imprisonment;
Support to national unity and reconciliation (pleading guilty);

17. CONCLUSION
Gacaca has been an important phase in the history of our Country;
Gacaca revealed the truth: truth from both the perpetrators and survivors, from witness and the community: Justice rendered in the name of people
Given the success of Gacaca Courts
Now Rwanda has adopted a similar model
That are Mediation Committees (Abunzi)
In charge of handling minor offences and small claims (less than 3,000,000 Rfw) before bringing them to courts

18. CONCLUSION
As H.E. Paul Kagame, the President of the Republic of Rwanda said while he was closing Gacaca Courts activities:“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”.

19. THANK YOU FOR YOUR KIND ATTENTION