Restoring Justice in Rwanda

After the genocide in April to June of 1994, Rwanda set up community courts known as gacaca. These courts' purposes were to speed up the process of convicting those people involved in the genocide. Although created with good intent, some of these courts ended up being filled with unqualified judges and skewed priorities (many of the RPF prime officials were never tried in the gacaca courts). The courts' primary goals were to help reinstall truth, justice and reconciliation in war-torn Rwanda. Many of the offenders did not have sufficient access to defense lawyers; an estimated 65% of the hundreds of thousands tried at the gacaca courts were deemed guilty and were convicted. Some of the genocide participants were later released from their prison sentences and sent back to their communities, causing tension, stress and mild fear among the other inhabitants in the community.

The installation of the gacaca courts coincided with several major themes of Catholic Social Teaching. The courts responded to the Call to Family, Community, and Participation by involving the entire community in the hunt to justly prosecute those involved in the horrific Rwandan genocide. As Phil Clark mentions in his article, almost all community members participated in the court system as witnesses, defendants, or simply attending weekly hearings. They strengthened the bond of the community in a hard time. The gacaca also encompassed the theme of Rights and Responsibilities. Seeing as the Rwandan government and its judicial system were in somewhat of a shambles during the time, the rise of gacaca courts offered a speedier way to try and convict genocide offenders. Finally, the courts supported the theme of Life and Dignity of the Human Person. The main goal of the courts was to restore peace and justice. Out of respect of the life and dignity of each and every innocent person shamelessly killed in the genocide, the courts tried and convicted hundreds of thousands of the perpetrators.

Although overall a helpful plan and idea, the gacaca courts also contained a few major flaws. Firstly, and most importantly, they were missing qualified officials to try the criminals on a just basis according to and following the law. Without the permittance of lawyers, the offenders had no way to defend themselves. Secondly, the courts also carried subliminal discrimination and bias. For example, several of the leaders of the RPF were never tried in the gacaca courts. Finally, the courts often times did not sentence punishments worthy of the severity of the crimes committed. Some of the offenders got off with only community service in their own communities - the communities where, a few months prior, they had set out to kill several Tutsi and their Tutsi-sympathizing neighbors. The gacaca courts may have needed a stricter and more formal air about them.