LWF/DWS-Regional ConsultationDar es Salaam, Tanzania

10 June 2009

Close to 1,000,000 dead in 100 days

Orphans, wounded, disabled, widows, no shelter

No state machinery

No water, no electricity, no health infrastructure

Extreme ethnic distrust and acts of revenge

Several hundreds of thousands ordinary people suspected have participated in the genocide

Insecurity

How to rebuild the Nation and the State?

Was Rwanda going to remain a unitary state of ‘’hutuland”and “tutsiland”?

Was the new victorious force going to allow massive extermination of suspects or establish a rule of law?

How to ensure coexistence between hutu a and tutsi after such high level of violence?

Given the magnitude of popular participation in genocide would general amnesty be applied?

Coalition government (Rwanda Patriotic Front and 5 other political parties)

Unity and Reconciliation: important shift from the previous “ethnic identification”

Rebuilding of the Judiciary

Repatriation and resettlement of 3,500,000 refugees and IDPs

Decentralization process and participation

Rehabilitation of social sector

Security at the Rwanda/DRC border

Decentralization

New Constitution adopted in 2003

Institutional framework in keeping with the principle of separation of powers was established representing three branches respectively the legislature and the judiciary

The President of the Republic is elected by direct, suffrage and secrete ballot by a relative majority of the votes cast for a 7 year mandate renewable once

Power sharing culture (Winning party not more than 50% of cabinet positions, President, Speaker and President of Senate from different parties, women quota at all levels of governance etc..)

Unity and reconciliation national values

Reform and reinforcement e of the Judiciary

Administrative and economic good governance institutions: Ombudsman of the Judiciary, Auditor General, National Tender Board, National Police, Press Law, National Examination Council etc.

No real Opposition. Opposition still not allowed to return and take part in national elections

Lack of qualified human resources

Weak institutions to implement the grand design

Vision 2020 and EDPRS too ambitious

In 1994 of a total 800 judges and lawyers only about 40 survived

At the end of 2007, 818,000 suspects

Total number of persons judged in 2002: 2580

Experts estimated it would take 200 years at least to empty the cases from the courts

Hence the need for a more realistic solution : multi-layered justice mechanisms

Management of genocide suspects

Genocide Organic Law

Intensive human resource development (training of lawyers for the judiciary)

Major law reform review

INTERNATIONAL International - ICTR - UN Arusha-based Tribunal for prosecuting genocide ‘master minds’

NATIONAL Specialized Chambers 1996 Organic Law

National Unity and Reconciliation Commission (NURC)

Gacaca (eradicating the culture of impunity, establishing the facts of genocide, individualization of guilt, mending the social fabric, freeing the innocent, speeding up trials for guilty ones, national reconciliation through participation of the population reviving capacity of Rwandans to resolve their conflicts, delegating judicial powers to grass-roots actors, offering an accessible justice).

Total number of Gacaca courts established: 12,103

By December 31 2006, a total of 51,649 cases had been tried

21,448 convicted

10,723 acquitted

12,478 sentenced to community service, commonly known as TIG (Travaux d’interêt général)

JUSTICE MECHANISMS AND QUESTIONS OF LEGITIMACY

ICTR:

Slow, bureaucratic, victor’s justice as no Rwandan Patriotic Front (RPF) crimes/excesses were not included; emphasis on retribution, lack of contribution to reconciliation, little attention to victims

Rwandan National Courts: Lack of contribution to reconciliation

Gacaca Tribunals:

Introduced into the Rwanda justice system by Organic Act in 2001 Restructured to make them more effective pursuant to Organic Act in 2004 and in 2006

Mandatory reconciliation with a risk to lead to further polarization causing frustration among the victims but also intensify retributive sense of justice and a desire for vengeance among the Hutu majority

The tribunals often viewed as Government project than a local initiative

State imposed “command justice” may be politicizing the identity of the participants in the Gacaca; perpetrators remain hutus and victims and survivors remain tutsis

Victims hesitant, perpetrators fear collective incrimination,

Faulty judicial performance mired in procedural errors open to open; Petty criminals construed as having ‘genocidal ideology’ Confessions leading to severely reduced sentences;

Previously could hand down maximum of 30 years but now can impose life imprisonment.

“Forced reconciliation, extra judicial killings, arbitrary detention, collective punishment;

with little or no space for alternative narratives, individual accountability and feelings of anger and grievance can help

perpetuate the very narratives that played such a large role in the genocide.”

Economy based on subsistence agriculture(84% of the population in agricultural sector (0.5 to 1 ha per HH)

Limited natural resources

60% of Rwandans below poverty line

Communicable diseases including HIV & AIDS 3% prevalence rate), malaria

Poor access to ports (landlocked country)

Energy gap

No infrastructure

Empty State coffers

2008 GDP 2008 growth rate, a whopping 11.2%

Investors’ paradise (safest and transparent countries in Africa) Largest singled investor Contour Global’s $325 m Kivuwatt Project (methane gas extraction off the Kivu Lake )

Financial sector also growing in leaps and bounds (investors especially from African companies)

Growing sectors (construction, agriculture, tourism, ICT and retail)

Emphasis on Regional Economic integration (facilitating freedom of movement for goods and persons, harmonizing member countries policies etc..)

Growing inequality despite 11.2% GDP growth rate

56% of the population still living below the poverty line – 36% in extreme poverty

Land related abuses

New land policy than promotes mono cropping, single crop designated for the region

Immediate Post crisis Psycho-Social landscape

Legions of traumatized people as the legacy of the genocide

47% (male) to 53% illiteracy rate

Low skilled population

Legacy of weak development agenda (education, rural development, etc.)

Press as an instrument for inciting violence and genocide

PSYCHO Trauma counseling

GENDER EQUALITY Gender Monitoring Office Protection of, and prohibition of discrimination against women Civil Code eliminating gender inequalities on marital property regimes, gifts and inheritance, the National Women’s Council ENVIRONMENT Banning of plastic Clean urban and rural environments High environmental consciousness

FUNDAMENTAL FREEDOMS Freedom of assembly, Freedom of association Press Council

NATIONAL Very secure, pacified country Disciplined national police and army Traffic laws and regulations strictly enforced

REGIONAL Accused of exporting war and insecurity to DRC Congo Rwanda’s security tightly tied to regional stability

 Link to LWF/DWS Global Strategy 2.5.4 Peace, Reconciliation

and Human Rights LWF/DWS GLOBAL LWF/DWS-RWANDA

Strategies:Economic Improving rural people’s

livelihoods through on and off-farm initiatives;

Psycho-social Training in peace and

reconciliation, mediation and trauma counseling, psycho-social response, gender equality, environmental protection, HIV & AIDS prevention;

Soccer tournaments in primary and high schools promoting peace and reconciliation among youth.

Strategies: Economic and social

development

Sports

 Link to LWF/DWS Global Strategy 2.5.4 Peace, Reconciliation

and Human Rights

LWF/DWS GLOBAL LWF/DWS-RWANDA

Strategies:

Handle issues with sensitivity, neutrality and fairness

Awareness –raising around issues at the root of conflicts (land, genocide) and on the national legal framework for claiming and affirming rights

Strategies:

Do no harm

Rights-based approach

 Link to LWF/DWS Global Strategy 2.5.4 Peace, Reconciliation

and Human Rights LWF/DWS GLOBAL LWF/DWS-RWANDA

Strategies: Development, translation

multiplication and distribution of training manuals for conflict management and trauma counseling;

Fostering of peace and reconciliation between survivors/family of victims and released prisoners in communities;

Mobilize churches, inter-faith groups and communities to take a leading role in peace and reconciliation and mediation.

Strategies: Direct peace-building and

conflict resolution approach (curriculum etc..)

Dialogue and reconciliation among actors

Through:

resettlement (post crisis phase)

psycho-social response (trauma counseling)

peace and reconciliation; (training and reintegrating victims and perpetrators into the society);

economic recovery (Poverty alleviation)

skills training (on an off-farm)

institutional strengthening and the building of a strong civil society; integration of cross-cutting issues (gender equality, HIV & AIDS and the environment)

1994-2000 - Emergency relief, rehabilitation phases

HIGHLIGHTS

Significant contribution to:

o the resettlement of influx of returnees/expellees to Rwanda (shelter provision, water and sanitation and livelihood revitalization) o Peace and reconciliation through advocacy and awareness- raising in the Gacaca and other justice mechanisms and the draft Organic Land Law.

HIGHLIGHTS

the building of emerging community based groups (farmers’ cooperatives) for a strengthened civil society through capacity building and institutional strengthening;

the establishment of a successful agricultural farming and demonstration centre (RFDTC) and handing over to the local community;

improved livelihoods (increased on and off-farm production for increased number of households with access to health insurance coverage, with children enrolled in schools, better housing and other basic needs met);

increased awareness in participating communities about in HIV & AIDS prevention, gender equality and environmental protection.

peace and reconciliation promoted and fostered among various segments of society (genocide survivors, families of victims, released prisoners etc.. )

the rolling out of trauma counseling services to the grass-roots level through the training of community-based counselors.

Current Country Strategy (CS): Making Hope a Reality, 2007-12 Four strategic objectives:

- contribute to improving rural peoples’ livelihoods and reduction of poverty ; - respond to psycho-social consequences of conflict and reduce conflict related vulnerability; - enhance communication for peace and strengthen civic empowerment; - mainstream gender, HIV & AIDS and environment into all program activities as cross-cutting issues.