Reconciliation and The Gacaca: The Perceptions and Peace-Building Potential of Rwandan Youth Detainees A Report by Constance F. Morrill

Reconciliation and the Gacaca
Reconciliation and the Gacaca:

The Perceptions and Peace-Building Potential
of Rwandan Youth Detainees
A report by
Constance F. Morrill
OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
Reconciliation and the Gacaca 1
EXECUTIVE SUMMARY
The present report, Reconciliation and the Gacaca: The Perceptions and Peace-Building Potential of Rwandan Youth Detainees, was based on a project conceived, researched, written and funded entirely by Constance Morrill, with the exception of some logistical support (transportation to and from prisons and to some meetings with local NGOs), which was provided by UNDP-Kigali, as part of its first collaboration with Columbia Universitys Center for International Conflict Resolution. This report contains information based on desk research and fieldwork conducted in Rwanda between 2001 and 2002 by the author, with the assistance of several interpreters who were selected by the researcher/author1. Since the 15 interviews conducted in 2002 were tape-recorded, the author was able to verify these interpretations with other native speakers of Kinyarwanda some time after the interviews had been concluded. The purpose of this report is to provide interested readersincluding scholars, government officials, policymakers, NGO representatives and studentswith original research that uncovers the personal experiences and concerns of a handful of young Rwandan detainees who willingly shared strong feelings not only about their personal fates and frustrations, but intelligent observations and opinions about the Gacaca jurisdictions and the prospects for reconciliation in the country. All of the detainees interviewed for this report were between the ages of 14 and 18 during the 1994 genocide, and were subsequently arrested and accused of the crime of genocide. This report will give their voices, long suppressed, the chance to be heard and considered. The crime of genocide is unique in that it contains the element of dolus specialis (special intent), requiring that the crime be committed with the intent 'to destroy in whole or in part, a national, ethnic, racial or religious group as such', (Cf. Article 2.2, ICTR Statute, and the Genocide Convention of 1948). While the author acknowledges that many youth (18 and under) did participate, and willingly, in the 1994 mass killing that fit the definition of genocide, the certainty with which one can determine the genocidal intent of youth under the age of 18 is open to debate. Many also resisted and were then threatened with death themselves if they did not capitulate. In the context of Rwanda, therefore, the term victim may be applied not only to those who were the targets of genocide, but also to youth who became victims of their own innocence and powerlessness. It is hoped that the present report will provide some insight into the specific problems faced by youth detainees, thereby permitting all entities concerned with their reintegration and participation in the Gacaca jurisdictions to better support them during this critical transition. This report will offer a detailed analysis of the treatment of youth under both the Gacaca Law and the domestic penal system, and an in-depth discussion of the perceptions of incarcerated youth toward the Gacaca jurisdictions as a mechanism for reconciliation. The latter section will be based on their experiences during the genocide, with the classical
The author conducted 20 prison interviews in 2001 as part of a self-designed internship with the Center for Conflict Management in Butare. Notes were taken by hand. OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
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judicial system, and as prisoners. The section entitled Summary of Detainee Interviews by Dominant Theme, contains direct quotations from the young detainees themselves, and reveals their most pressing concerns, including their personal views on the genocide; legal representation in the classical justice system; the Gacaca system and reconciliation; corruption; and sexual abuse of minors in prison. Given the precarious circumstances in the country at present (see note to readers at the beginning of the report), any information that might identify the detainees who were interviewed for this report has been removed in an effort to protect them. Prior to each interview, the researchers interpreter read a statement of confidentiality to each detainee, making it clear that they were under no obligation to answer the questions posed, but that the information they chose to reveal would likely be published. The contributions that Rwandas youthboth those released after many years in prison and those never imprisoned or accused of wrongdoingcan make in the peace-building effort must not be underestimated, but moreover, these contributions must be encouraged. Collectively, as a generation of transition, and individually, as agents of social change, Rwandas youth have a truly vital role to play in reconciliation: that of rebuildingor perhaps simply creatingthe most elusive element in all human relationships: trust.
Editor's Note: Minor changes were made to this report in June 2005 in order to more accurately represent certain translations.
THE ORIGINS OF THE INKIKO-GACACA

Rwanda is a poor country. The human rights in our prisons are nothing to brag about. The prisoners are suffering, but what is the alternative? We cannot let them out, but we cannot really keep them in now either. To follow the Western trial process would take far too long [a] time and therefore be a violation of the human rights [sic] itself. We had to do something. --Tito Rutaremara, leader of the Constitutional Commission2 Non est regula quin fallat. --Legal maxim, There is no rule that may not deceive (or disappoint).3
THE TRADITIONAL GACACA4

Gacaca, which literally means a grassy space, is commonly associated with the activities that used to take place in any open-air, grassy areas, such as the discussion and resolution of problems within the community. In the event of a conflict within the community, the parties involved in the conflict would be heard and judged by an assembly of inyangamugayo, or individuals accepted by everyone in the community to be those who detest opprobrium.5 These were individuals whose status of inyangamugayo was acquired by virtue of their probity, old age, erudition, wisdom in decision-making, altruism or political or economic influence within the community. Before colonization and the introduction of written laws, Rwandas traditional Gacaca system was the only real justice system. Sentences were assigned according to the nature of the act committed by the guilty party and always involved reparations to the damaged party. (Imprisonment did not figure among the penalties, as the prison system was introduced by the colonial powers.) Even in cases where the commission of a wrong was incurred by an individual, the responsibility for that wrong was shared by all members of the clan or family to which the individual belonged. As a result, family or clan members were equally responsible for making reparations to the damaged party. If both parties agreed to the terms of reparation, they would share a drink as a symbolic gesture of agreement. When the crime was judged to be too serious for reparation to be an adequate sentence, the judgment could call for ostracism of the members of the particular clan or family associated with the wrongdoer or defendant. As the Gacaca rules were never written, they were passed down orally from generation to generation as part of the social education of all Rwandans.6 With the advent of colonialism, the Gacaca institution underwent some distortion. A law passed in August of 1924 confined Gacaca to the resolution of civil and commercial disputes among the indigenous population. Criminal cases became the responsibility of colonial courts, and, the concept of the Inyangamugayo also had to submit to colonial influence: instead of acquiring this status by virtue of the individuals good standing in the community, the Inyangamugayo were conferred their influential status by the colonial authorities, and this method was continued by Rwandan authorities even after independence.
Cited from interview conducted by the Norwegian Helsinki Committee, Kigali, 7 February 2002. Full report available at: http://www.reliefweb.int/library/documents/2002/nhc-rwa-30sep.pdf 3 Blacks Law Dictionary, Seventh Edition, 1999.
4 This brief history of the traditional Gacaca was translated and adapted from the article by Alice Karekezi, Lutte contre
limpunit et promotion de la Rconciliation Nationale, published in Cahier No. 3: Les Juridictions Gacaca et les
Processus de Rconciliation Nationale. 2001 Editions de lUniversit Nationale du Rwanda (Butare).
5 The inyangamugayo of the 21st century Gacaca are also known as les intgres or honest people.
6 Based on information gathered in interviews with detained minors conducted in 2001 and 2002, not all young Rwandans
were familiar with the concept of the traditional Gacaca, and first heard of it with the advent of the modern Gacaca.
In the traditional Gacaca, the process of reconciling the disputing parties was not compartmentalized into separate phases of pre-adjudication, pre-trial, adjudication, and sentencing, as is the practice in the classical judicial system. Instead, conflicts within the community were not fragmented, but approached holistically, which was seen to facilitate reconciliation. For example, the offending partys responsibility for repairing his wrong was also borne by his family members, thus creating a distributive characteristic which extended individual misconduct to the offender's family or clan, causing blame and guilt to be associated with or shared by those connected to the primary offender. Thus, the responsibility for correcting and repairing relationships became a collective undertaking. The modern-day Gacaca is still a collective effort, and indeed, even more so than its traditional predecessor. The ultimate success of the Inkiko-gacaca, or Gacaca jurisdictions, will depend not only on massive participation across ethnicities, generations and political allegiancesby survivors as well as those accused of genocideit will depend on the will of the current government to adhere to the principles enshrined in the actual mandate of the Gacaca Law, which is to prosecute both crimes of genocide and crimes against humanity. Because the Inkiko-gacaca is based on an indigenous system that has been complicated by its hybridization with the classical judicial system7, the confidence of the entire Rwandan population in the ability of this community-based system to reveal the truth about the period from October 1, 1990 to December 31, 1994 may already be seriously undermined. This uneven approach, which also amounts to a contravention of the Gacaca Law as it is written, may well prove to be an obstruction to the revelation of a more complete social truth that is indispensable to Rwandas recovery and its efforts at politico-ethnic reconciliation. If the Gacaca system is an attempt at redress, it must also seek a new kind of social balance, and one that does not categorize, exclude or otherwise stigmatize those who will inherit the complex layers of a society struggling to survive. If not, it will simply serve to recreate and reinforce the same political and economic imbalances that were tapped into to fuel the genocide.
In other words, the Inkiko-Gacaca system is based on principles outlined in a domestic law, the application of which is monitored by the government.
List of Acronyms
ALIR ASOFERWA CRC ICTR NHRC LIPRODHOR Arme pour la Libration du Rwanda Association de Solidarit des Femmes Rwandaises Convention on the Rights of the Child International Criminal Tribunal for Rwanda National Human Rights Commission La Ligue pour la Promotion et la Dfense des Droits de lHomme Rwandais (League for the Promotion and Defense of Human Rights) Ministry of Justice Ministry of the Interior Penal Reform International Rwandan Patriotic Front Rwandan Patriotic Army Truth and Reconciliation Commission United Nations Mission in Sierra Leone United Nations Childrens Fund
MINIJUST MINITER PRI RPF RPA TRC UNAMSIL UNICEF
TABLE OF CONTENTS
NOTE TO READERS ......................................................................................................................... 8
I. II. III. INTRODUCTION ................................................................................................................... 10
AGE OF CRIMINAL RESPONSIBILITY AND SENTENCING .................................................. 11
FIELD RESEARCH ............................................................................................................... 15
RECIDIVISM ...................................................................................................................... 14
A. B. METHODOLOGY ....................................................................................... 15
SUMMARY OF DETAINEE INTERVIEWS BY DOMINANT THEME............... 17
FAMILY SITUATION ........................................................................................................... 17

LEGAL REPRESENTATION IN THE CLASSICAL JUSTICE SYSTEM ......................................... 17
RELIGIOUS AFFILIATION ................................................................................................... 17
PERSONAL VIEWS ON THE GENOCIDE ............................................................................... 18
THE GACACA SYSTEM AND RECONCILIATION .................................................................... 20
CORRUPTION ..................................................................................................................... 24
SEXUAL ABUSE OF MINORS .............................................................................................. 26
C.
PRELIMINARY CONCLUSIONS ................................................................... 27
IV. ADMINISTRATION OF JUVENILE JUSTICE IN THE GACACA AND THE IMPACT OF IMPRISONMENT ON YOUTH ......................................................................................................... 28
FURTHER EVIDENCE OF THE IMPACT OF ADULT MANIPULATION ................................. 30
V. REHABILITATION AS A FORM OF COMPENSATION FOR RELEASED MINORS ................. 31
THE REHABILITATIVE POTENTIAL OF YOUTH PARTICIPATION IN ESTABLISHING A HISTORICAL RECORD ...................................................................................................... 33

VI. RECOMMENDATIONS .......................................................................................................... 34
VII. CONCLUSION....................................................................................................................... 37
The child or youths interpretation of the events, processes, participants and outcomes in a conflict is the relevant variable in terms of psychological resilience. One can hypothesize, therefore, that in terms of peace-building potential and ability, young peoples interpretations of, or the meaning they give to, the peace process will be immensely clarifying for those concerned to deliver a peace that is genuine and multigenerational. Yet, the child/youth perspective, how and what they think about peace processes and the task of reconstructing their societies after war, remains almost completely unstudied. From the paper Youth as Social and Political Agents: Issues in PostSettlement Peace-Building by Siobhn McEvoy-Levy, Co-director of the Research Initiative on the Resolution of Ethnic Conflict at Notre Dame Universitys Kroc Institute, December 2001.8
Available at: http://www.nd.edu/~krocinst/ocpapers/op_21_2.PDF
NOTE TO READERS
The author asks readers to bear in mind that this report is based on fieldwork that was completed in 2002, and desk research that was completed in early 2003. While several major socio-political events have occurred in the country since this report was completed, the impact of these events has not been analyzed or incorporated into the report. Those events that hold the greatest relevance to the information contained in this report are the following: Several thousand prisoners, including minors who were accused of genocide and had confessed, have been released since President Paul Kagames January 1, 2003 announcement. It is not known which of the individuals interviewed for this report have been released since that date. On August 25, 2003, in Rwanda's first popular vote for the presidency since the 1994 genocide, President Paul Kagame was elected with 95.01% of the votes. Many international human rights NGOs, including the European Union Election Observation Mission, criticized these elections for their failure to be free and fair. In April 2004, the researcher became aware of proposed changes to the Gacaca Law of 2001, which were submitted to the parliament and are pending approval. However, the present report reflects only the policies contained within the original Gacaca Law (as amended prior to the version now in Parliament.9 In June 2004, Rwanda resumed training of Gacaca judges, or inyangamugayo, at the cell level. This initiative comes two years after Rwandan villages began participating in preliminary Gacaca activities involved in identifying members of their communities who were killed, among other discovery-related activities. Many Gacaca judges had already undergone training in 2002, and were present at the preliminary activities. However, due to a the August 2003 elections, and the approval and entry into force of a new Constitution (June 4), the Gacaca jurisdictions have not been operational for most of 2003. Training for sectorlevel judges will start near the end of September.10 On June 30, 2004, a parliamentary commission of inquiry called upon the government to dissolve six civil society organizations within the country: LIPRODHOR (League for the Promotion and Defense of Human Rights), Forum des Organisations Rural (FOR), Abahamya b'izuka, Souvenirs des Parents, SDA-Iriba and 11.11.11, a Belgian-based organization with a local agency.11 As of July 15, 2004, the Rwandan police had confirmed that 6 individuals from LIPRODHOR had fled from Rwanda to Uganda, fearing arrest after their organization was accused by the government of allegedly being sectarian and promoting ethnic division.12
Sources: Human Rights Watch (email, April 2004), and IRIN report, Rwanda: Plans to reform traditional courts, June 16, 2004. 10 Source: http://allafrica.com/stories/200407220650.html "Rwanda Prepares for Training of Gacaca Judges" (Hirondelle News Agency, Lausanne, July 22, 2004). For additional background on the recent challenges faced by the Gacaca, see http://www.rnw.nl/hotspots/html/rwa040114.html (The Gacaca Fiasco, Radio Netherlands interview, January 14, 2004) 11 Sources: IRIN report, Rwanda: Parliament seeks to abolish rights group, July 2, 2004, and African Rights press release, A Step Backwards for Rwanda, July 9, 2004 12 Source: IRIN report, Rwanda: Six human rights workers flee in fear of arrest, July 15, 2004 OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
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On July 20, 2004, as part of a four-year judicial reform program intended to improve efficiency and combat corruption in the courts, Rwanda removed 503 judges and swore in 223 new ones. These new judges will serve on courts ranging from the district level to the High court. (Corruption, or "ruswa" in Kinyarwanda, is problem cited by many of the detainees interviewed in 2002 for this report. It is unclear whether these 2004 reforms will result in the reversal or even review of court decisions and sentences that resulted from corrupt practices and the failure to observe fair trial procedures. Such corruption has left many youth detainees in prison for unreasonable amounts of time. See in particular, p. 18 of the present report, regarding the sentencing of a young man who was 15 in 1994, to fifteen years in prison.)13 On July 21, 2004, a group of four experts released a report to the UN Security Council detailing Rwanda's contravention-- both "directly and indirectly"--of the arms embargo against militias in eastern DR of Congo. According to the report, the Group [of experts] travelled in two teams at different times to the Rwandan border area of Cyangugu and directly witnessed and documented Rwandas non-compliance with the sanctions regime."14
Constance F. Morrill July 2004
Sources: http://allafrica.com/stories/200407220648.html "Over 200 Judges Take Oath in Rwanda"

(Hirondelle News Agency, Lausanne, July 22, 2004); http://allafrica.com/stories/200407220891.html "Rwanda
Dismisses 500 Judicial Officers" (The Monitor, Kampala, July 23, 2004)
14 Source: http://www.un.org/apps/news/story.asp?NewsID=11427&Cr=democratic&Cr1=congo "UN Experts
Find Broad Rwandan Involvement in Eastern DR of Congo Conflict" (UN News Service, New York, July 21,
2004)
OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004)
ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
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I.
INTRODUCTION
The number of youth imprisoned in the aftermath of the genocide has varied widely both by date and according to source. At the end of October 1996, barely two months after Rwanda passed legislation authorizing detention of genocide suspects notwithstanding any irregularity in their files15, the Special Rapporteur from the U.N. Commission on Human Rights reported the number of child prisoners at 1,353.16 In the summer of 2001, 7 years after the genocide, statistics provided by the Rwandan Ministry of the Interior indicated that nationwide, there were 4,222 incarcerated minors accused of genocide, or individuals who were between the ages of 14 and 18 during the 1994 genocide.17 On 12 October 2001, the United Nations published a report putting the number of youth detained without charge in Rwanda at 4,454.18 This same report indicated that youth under the age of 14 were among those detained, and that 450 of them had been formally cleared of any implication in the massacres.19 In the summer of 2002, the ICRC was aware of 2,911 minors accused of genocide, allegedly between the ages of 14 and 18 in 1994. The majority of those still in detention (and 100% of all detainees interviewed for this report in 2002) are now in their early to mid twenties, and some have been in detention and without files for as long as seven and a half years. Only in rare instances have any of these minors had legal representation, and they have been detained in conditions which have severely compromised not only their physical health, but their potential for intellectual growth, and their potential for successful reintegration into society.20 Given the announcement by Paul Kagame on January 1, 2003, which outlined the governments plans to release 30-40,000 genocide detainees on a provisional basis including all minors who were between 14 and 18 during the genocideit is hoped that the present report will provide some insight into the specific problems faced by youth detainees, thereby permitting all entities concerned with their reintegration and participation in the Gacaca jurisdictions to better support them during this critical transition. This report will offer a detailed analysis of the treatment of youth under both the Gacaca Law and the domestic penal system, and an in-depth discussion of the perceptions of incarcerated youth toward the Gacaca jurisdictions as a mechanism for reconciliation. The latter section will be based on their experiences during the genocide, with the classical judicial system, and as prisoners. It will explore the various obstacles and insecurities that youth in prison face as the Gacaca jurisdictions get underway, and as their imminent release becomes reality.
Schabas, 1996, at 526. Legislation was passed on September 8, 1996, and also suspended certain provisions of the Code
of Criminal Procedure.
16 Degni-Sgui,Rn, Special Rapporteur of the Commission on Human Rights, at 37. It is not clear whether this figure
includes minors in prison only, in both prison and cachot. (See bibliography).
17 MININTER figures are from May 2001. According to ICRC statistics from March 2001, women represent 3.2% of all
genocide suspects (3,442 of a total of 108,215). Women offenders who are minors may be included in the figure provided
by MININTER.
18 See note 12, infra. MININTER statistics from May 2001 reported a smaller number of minors than the UN report.
19 See <www.hcrfrance.org/telecharg/rwanda.doc> UNHCR Report, Fiche Pays Rwanda, October 2001, p.5, (prepared by
the Branch Office for France). Phrase translated by author.
20 Researcher spoke only with youth detainees who appeared to be in relatively good physical and mental health, but who
spoke of problems inside the prison, such as sexual abuse of minors by adult prisoners, and inadequate medical care.
15
II.
AGE OF CRIMINAL RESPONSIBILITY AND SENTENCING
Under the Gacaca Law (GL), there are few provisions that address the particular needs of minors accused of genocide, except insofar as the treatment of minors under the Rwandan Penal Code (RPC) reflects domestic law regarding the age of criminal responsibility and sentencing. Article 77 of the RPC states that when the actor or accomplice of a crime or an offense is more than 14 years old and less than 18 at the time of infraction, punishment for a crime that would incur the death penalty or life imprisonment as an adult will be limited to 10-20 years in prison, and punishment for a crime which incurs a specific term of imprisonment or a fine if committed by an adult is to be halved.21 Accordingly, these rules have been carried over to the Gacaca Law, and hence are to be applied to the sentences prescribed for the crime of genocide and crimes against humanity for perpetrators aged 14 to 18 at the time of the crime. In keeping with the rules on the prosecution of juveniles as set forth in the Rwandan Penal Code, individuals under the age of 14 cannot incur criminal responsibility, but may be placed in rehabilitation centers.22 While the Rwandan Penal Code excludes children under age 18 from the death penalty for criminal infractions, Article 74 of the Gacaca Law permits them to be placed in the 1st Categoryone under which a sentence of death for adults of the same category can be prescribed. According to the mandate of the Gacaca Law, placement in the 1st Category would preclude minors participation in the Gacaca jurisdictions, making them automatically liable for prosecution under the classical judicial system. Interestingly, the language in Article 74, as it appears in translation, does not specifically prohibit the death penalty for minors, but merely indicates that the reduced sentence for Category I minors is 10-20 years imprisonment.23 This absence of explicit language is of some concern, although the Rwandan Penal Codes proscription of the death sentence for minors would necessarily have to be echoed in the Organic Law of 199624 and the Gacaca Law, or be in violation not only of relevant Rwandan law regarding the non-retroactivity of penal laws, but of the same expost facto clause contained in Article 15 of the International Covenant on Civil and Political Rights, to which Rwanda is a party. In addition, the prohibition of the death penalty for minors has attained the status of a norm of jus cogens in international law, from which no derogation is permissible. Given that the Gacaca judges who will decide the fate of the accused coming under Categories II, III and IV may have no formal education whatsoever, minors who come before them may be at a great disadvantage. Boys, especially, who were only 15 or 16 during the genocide, some of whom have grown taller and been toughened by their years in prison under conditions that have undoubtedly diminished their sense of self-worth, may appear physically more menacing than they were nine years agowhether or not they are actually guilty of genocide.25 Avocats Sans Frontires has voiced concern over this particular issue, indicating that it may be difficult for some judges, particularly those with minimal or no
21 22
Rwandan Penal Code, Article 77 (emphasis added). Rwandan Penal Code, Article 77; Gacaca Law Article 74 23 See Gacaca Law, Article 74 24 Organic Law of 30 August 1996 (OL 08/96), on the organization of the prosecution of offences constituting the crime of genocide or crimes against humanity committed since 1 October 1990. 25 The physical appearance of some minors can also be deceiving (with regard to making assumptions about age and maturity) in that (1) not all minors have received proper and consistent nourishment while in prison, and (2) individual differences in physical and mental development are usually not taken into account when making such assumptions.
education, to be objective and presume the innocence of someone who may now literally appear guilty.26 Bearing in mind that minors will be judged by members of the community who may have had little practice in critical thinking, and only 1-3 months training, it is instructive to consider the results of a study produced by Save the Children (US) in 1995.27 This study, which engaged the expertise of three local Rwandan human rights NGOs and the assistance of Duke University, sought to establish clear legal/age/cultural indicators by which juvenile culpability for genocide could be determined, and to inform officials of its findings for the purpose of protecting these minors rights. Participants in the studywho were all adultswere asked to define the boundaries of childhood, and the results revealed that the adult interpretation/understanding of criminal responsibility for children in Rwanda does not seem to depend on a culturally defined notion of childhood, but rather on the education of the respondent. Three groups of relatively welleducated participants tended to link a childs ability to distinguish between right and wrong to chronological age, while those with the highest levels of education employed legal definitions of childhood (i.e., that a person under 18 is a child). Those who disagreed with this definition arguedwith reference to the Rwandan Penal Codethat because individuals over age 14 could incur criminal responsibility, it stood to reason that those under 14 must be considered children. Participants who were not as highly educated tended to base their opinions on social maturity in conjunction with cultural notions of childhood: an individuals ability to assume roles, responsibilities and autonomy traditionally assigned or accorded to adults and to make independent judgments.28 More significantly, however, the same study revealed that most Rwandan adults felt that if a child is able to distinguish between ethnicities so as to identify who should be killed and who should be spared, he or she warrants the same treatment as an adult (including the death penalty). With regard to the question of whether minors were forced to kill, or were otherwise manipulated, this same report concluded that "the vast majority of the participants said that they did not believe the minors were forced to commit these crimes, and blamed their involvement on a tradition of ethnic intolerance and hatred in Rwanda and a culture of impunity that allowed ethnic violence to go unpunished."29 If this 1995 study is in still indicative of the prevailing broader opinion in postgenocide Rwandan society in 2003, the willingness of the inyangamugayo to consider the impact of adult manipulation on the moral decision-making capacity of youth during the genocide may be all but absent. Based on these observations, and assuming that the majority of the Gacaca judges will be relatively poorly educated, it may be a challenge to sensitize
Information obtained during the course of an interview with Avocats Sans Frontires, Kigali, June 2001. ASF was the primary organization involved in the preparation of training manuals for the Gacaca judges, in which particular emphasis was, initially, to be placed on giving priority to trials for minors. 27 Children, Genocide and Justice: Rwandan Perspectives on Culpability and Punishment for Children Convicted of Crimes Associated with Genocide. (Final Report of Save the Children Federation USA, in collaboration with Haguruka, Kanyarwanda, and LIPRODHOR, Kigali, 1995). 28 Id. 29 As reported in the article When Children Kill, http://www.dukemagazine.duke.edu/alumni/dm5/gazette.html The personal experiences of those who participated in this study are not known, but could be significant and determinative of the opinions voiced, especially since the study was conducted only a year after the genocide. The study was approved for publication by Rwandas Ministry of the Interior.
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them to view accused children and youth through the lens of internationally recognized human rights norms and principles, especially that of presuming innocence until guilt is duly proven. While the Gacaca Law does not call for special arrangements with regard to the actual trials or hearings of juvenile defendants, the Organic Law originally gave some legislative acknowledgment to the idea that cases involving crimes committed by minors should be considered separately by a competent judicial body. This law, however, did not go further than to provide for one or more benches of magistrates for minors in the Specialized Chambers of the Tribunals of First Instance and military courts, and to indicate that these magistrates would have exclusive jurisdiction over genocide crimes and crimes against humanity committed by minors. However minimal this provision establishing the Specialized Chambers may have been, Article 96 of the subsequent Gacaca Law unfortunately repealed it. Special benches for minors are provided for under the Rwandan Penal Code, and were functioning with some regularity by the fall of 1997, but they have been used with decreasing frequency since the justice systems institution of group trials in 1999, in order to process as many genocide cases as possible.30 Group trials have also resulted in bureaucratic inefficiencies with regard to juvenile defendants involved in particular group trials. According to a representative from the Rwandan NGO LIPRODHOR interviewed in 2001, it had often been quite difficult to retrieve details on juvenile defendants from the offices of the court clerks, because they rarely separated minors files from those of adults.31 Since 2001, however, it appears that this situation has improved, as minors files are now systematically separated from those of adults.32 This could be the result of efforts to organize and prepare detainees files in anticipation of the start of the Gacaca trials. Finally, the only provision of the Gacaca Law that could provide for the special protection of minors can be found in Article 24, which makes only a vague reference to the possibility of holding closed hearings, without precision as to the age of a suspect: Article 24 Hearings for Gacaca Jurisdictions are public, except the hearing in camera requested by any interested person and pronounced by judgment for reasons of public order or good morals. Deliberation will be in secret. Not only does this provision lack any kind of precision as to who an interested person is, it offers no guarantee as to the security of such hearings. Article 24 is the one legal opportunity afforded by the Gacaca to protect the privacy of an accused minor, a right enshrined in Article 40.2.vii of the Convention on the Rights of the Child. Yet, this right is hardly guaranteed under the Gacaca, notwithstanding that the protection of this right runs counter to the spirit of the Gacaca as one of candor and community. The manipulation,
During a mission to Rwanda in February 1999, the Special Representative on Children in Armed Conflict, Olara Otunnu,
commended the establishment of this special bench for minors, as well as the training of juvenile justice officials and the
separation of minors from adults in prisons. However, he also noted that only 28 out of a caseload of 5,000 detained
minors had gone to trial in the past five years. See <www.un.org/children/conflict/> (Country Visits, Rwanda).
31 Information supplied by LIPRODHOR, 2001.
32 Information supplied by LIPRODHOR, September 2002.
30
physical torture and emotional trauma to which youth were subjected not only between 1 October 1990 and 31 December 1994, but in the years spent in detention where they have often been influenced by the political agendas of older prisoners, may be revisited upon them in a situation where they are forced to give public testimony before a community whose readiness to forgive is dubious at best. There is already evidence of the utility of establishing closed hearings for youth. The implementation of closed hearings for youth in the South African Truth and Reconciliation Commission, which were the first of its kind, resulted in the disclosure of information that revealed the degree to which racism and fear of the other was ingrained in children from a very young age. In addition, these special hearings allowed participants to reflect on or critically analyze the root causes of apartheid and its effects on children.33 In the interests of reconciliation between youth peers who will inherit Rwanda with its legacy of genocide and ethnic conflict, closed hearings in the Gacaca may in fact be a very productive way to bring both accused youth and survivors together in the same space. The opportunity, or the choice, to tell their stories in an environment without intimidation, and among individuals of the same age group, may actually elicit more information about the dynamics between young Rwandans who, depending on their experience of the war and genocide, have absorbed different ideologies about the degree to which reconciliation is possible. RECIDIVISM Current international criminological research on violent young offenders reveals that there is a strong correlation between children and young people witnessing, perpetrating or becoming victims of violent acts and their becoming or continuing to be the perpetrators of extreme violence at a later stage.34 According to Penal Reform International (PRI)-Kigali, most incarcerated youthwho are now young adults have become integrated into the hierarchical, paramilitary-style regime which constitutes Rwandan prison culture, complete with titles and uniforms, privileges and sanctions.35 As mentioned above, youth detainees have experienced deep trauma, both emotionally and physically, and would probably benefit from post-incarceration counselling, in addition to their required two-month stay in the Ingandos.
33 34
TRC Report, Vol. 4, Ch.9, par. 10

Cf. Boswell, Gwyneth, ed. Violent Children and Adolescents. Whurr Publishers, London, 2000.
35 PRI, Discussion paper: Responding to the Needs of Vulnerable Prisoners, July 2002.
III. A. METHODOLOGY
FIELD RESEARCH
The author conducted a total of 15 individual interviews, including one mini focus group, in prisons located in central (Prison A), south central (Prison B), and eastern (Prison C) Rwanda over a period of four days, during the third quarter of 2002. A statement of confidentiality36 was read to all interviewees at the start of each interview, and all individuals consented to being tape- recorded. The focus group was not tape-recorded.37 All individual interviews were conducted in French, with the assistance of an interpreter translating from Kinyarwanda into French, and interviews 1-8 and 9-15, respectively, were conducted with two different interpreters. All but two minors gave their names after the statement of confidentiality was read to them, but all names have been withheld from this report, in keeping with the pledge of confidentiality. One interview, started at Prison A on a Tuesday, was cut short due to prison closing hours, but the researcher returned to continue the interview the following Friday (with a different interpreter). A chart containing basic data, such as age, date of arrest and level of education appears in Appendix I of the present report. Age Determination Interviewees were chosen based on two primary criteria: They had to be (1) between the ages of 14 and 18 during the 1994 genocide; and (2) imprisoned and accused of genocide. These criteria were relayed to the director of each prison, and the director then communicated this to the capita for the minors, who asked for volunteers. Each interviewee was asked two questions in order to verify age: (1) what his or her present age was, and (2) year of birth. In cases where the current age of the minor was given as 22 (indicating an age of 14 in 1994), the researcher sought to determine the month of birth, in order to establish exactly when the minor had attained the age of 14. In one case (interviewee #7), the subject stated his month and year of birth as December 1980, which would indicate that he was only 13 during the summer of 1994. A second borderline case was found in interviewee #15, who indicated his birth year as 1980, but did not know the month. The oldest interviewee gave his present age as 26, but was born in August of 1976, and thus would have been 17 during the genocide.
36 37
See Appendix I, Exhibit A The one mini focus group took place at Prison B, and due to the anticipated brevity of the meeting, notes were taken by hand. One member of the focus group was interviewed individually prior to the group discussion. The group was convened in an effort to make sure that the participants, 4 of whom had waited all day to be interviewed individually but could not be due to time constraints, were not simply brushed off.
Gender of Respondents Fourteen out of the fifteen youth detainees interviewed were male. While prison directors were asked to seek volunteers who were both male and female, those who volunteered to speak with the researcher happened to be male.38 The one female detainee interviewed was specifically sought out by the researcher, and had first been interviewed by the researcher in 2001. Interview Conditions Prison A: Two day-long visits Although, we were given a private office (with a door) among the administrative offices in which to conduct interviews, some interviews were interrupted by the entry of prison staff who came to retrieve medical and other supplies from the cabinets in the room. The interview was paused during such interruptions, in order to ensure the privacy of the detainee. Our conversation was otherwise interrupted by announcements made over the loudspeaker in the adjacent prison yard, as well as various other activities (music, singing, and the general din), which sometimes made it difficult to hear one another. Prison B: One day-long visit We were given a private room in which to conduct interviews. There were no interruptions or auditory problems. Prison C: One day-long visit No private rooms were available, so interviews had to be conducted outside in a large wood storage shed (a table and chairs were provided), where detainees were chopping and stacking logs. Our conversations were not audible to other detainees, but we were highly visible from a short distance.
38
In 2001, 6 females out of twenty youth detainees volunteered to speak to the researcher.
B.
SUMMARY OF DETAINEE INTERVIEWS BY DOMINANT THEME
Note: Please refer to Appendix I for coded questionnaire. FAMILY SITUATION Both parents of many of the youth detainees interviewed are now dead (8 out of 15), or at least one parent is dead (4 out of 15). In two cases, the fathers of detainees were also in prison, while the mothers were dead or in exile in a neighboring country. In two cases where only the mothers are alive, both fathers are dead. Only three detainees (3 out of 15) had parents who were alive and not in prison at the time of the interview. LEGAL REPRESENTATION IN THE CLASSICAL JUSTICE SYSTEM Of the fifteen youth detainees interviewed in the 3rd quarter of 2002, seven had been arrested in 1995, the longest period of detention being 7 years and 6 months. The shortest period of incarceration was just under 2 years (due to a recent return from exile, upon which this female prisoner, with her child conceived in exile, turned herself in). Only two of the fifteen had had a lawyer, and in neither case did the lawyer offer adequate representation. Interviewee # 2 (arrested in 1st quarter 1995), who was 17 during the genocide, had appeared in court twice with a lawyer from Avocats sans Frontires. The first time was in June 1999, and the second and last was in September 2000. Afterwards, he was told his dossier was classified as sine die (without date). He guesses that he will not be able to be released through the Gacaca, because his dossier is stuck in the court system. For this reason, and because he has not confessedhe maintains that he is innocentit is not clear whether he will be released with other minors following President Kagames January 1, 2003 announcement. Interviewee #4 (arrested in 2nd quarter 1995), who was 15 during the genocide, and who maintains that he is innocent, had a lawyer appointed by UNICEF (Agns), who showed up to court only the third time of six scheduled court appearances. When the lawyer did not appear the first and second times, his case was postponed. The third time, there was a trial, but it did not finish, and they were asked to come back to continue. The lawyer was absent for the continuation of the trial. His case was given two more chances, and the lawyer was absent both times. In the 2nd quarter of 1999, on the sixth and final court date, the judge said that he would not wait for someone who would not come, and closed the case, sentencing this young man to 15 years in prison. The entire process lasted from October 1998 to his sentencing in the 2nd quarter of 1999. Because he did not participate in the confession and guilty plea, it is unlikely that he will be released via the governments January 1, 2003 initiative to release prisoners. His case merits immediate review. RELIGIOUS AFFILIATION The majority of minors interviewed were Catholic, two of whom converted to Islam while in prison. Others were Protestant: Pentecostal and 7th Day Adventist. (See Chart in Appendix II).
PERSONAL VIEWS ON THE GENOCIDE The majority of youth detainees answered yes to the question Do you believe there was a genocide in Rwanda? (3.1), although their definitions of the term genocide (which was sometimes clarified as itsembabwoko) sometimes differed.39 Many respondents defined the term genocide as the killing of an ethnicity where such killing does not succeed in total extermination. A few interviewees explained that all three ethnicities killed and were killed, using the term war crimes. None of these minors denied that there was a genocide, but some expressed their frustration at what they perceived to be an unfair association between culpability for killing and ethnicity. Many preferred to speak of those who took power or those who are in prison rather than refer to specific ethnic groups when responding to this question. SAMPLE RESPONSES: #2, male, 25, S2 3.1 I am convinced that there were killings on both sidesby the ex-FAR, the Interahamweeveryone killed each other. 3.1.1 [answered in Kinyarwanda] I understand that genocide [consists of] killings by one group of another group with the goal of exterminating the one group. In my opinion, in this country, the Hutu killed, the Tutsi killed, and the Batwa killed. If there were inter-Rwandan killings (des tueries inter-Rwandais) whatever the ethnicity, then I dont understand how they can talk about genocide in Rwanda. [speaks very animatedly in French] En 1994, le Vice Prsident des Interahamwe au NIVEAU NATIONAL, il sappelait Kajuga Robert. Il tait Tutsi! (In 1994, the vice president of the Interahamwe at the NATIONAL LEVEL was called Kajuga Robert. He was Tutsi!) Why did he become Interahamwe ? (laughing) I dont know! I was a child, but it was like that. For example, the person who was the president of the Supreme Court, his name was Kabaganda, was Hutu, and he was killed [among the first]. The former prime minister, Agathe Uwinlingiyimana, was Hutu. She was killed. #3, male, 25, P3 3.1.1 The extermination of one ethnicity. (Who does the extermination?) Some people (des personnes). (people of which group?) People of the other ethnicity. (In Rwanda, which ethnicity killed which ethnicity?). In reality they say it is us who exterminated the other ethnicity. (who do you mean by us?) The prisoners of genocide. (Did people of all ethnicities kill each other? [Interpreter clarifies this by using names of ethnic groups and asking which ones killed and which ones were killed]). Everyone killed each other. (even the Twa?) [He laughs.] Yes, everyone got mixed up in the chaos.
In Kinyarwanda, the term itsembabwoko means the killing of a particular type of person, deriving from a combination of the words itsemba, meaning killing and ubwoko, meaning tribe or ethnic group. Itsembatsemba means massacres. Hence, the complete phrase itsembabwoko nitsembatsemba, which is used in both the Organic Law of 1996 and the Gacaca Law of 2001, is understood in Kinyarwanda as the killing of a particular type of person [i.e. Tutsi] and massacres [the term itsembatsemba is understood by Rwandans to indicate massacres other than those directed at Tutsi].
39
#4, male, 23, S1 3.1.1 Its something very dangerous because it divides people. Its something that divides people, where people kill each other, (les uns tuent les autres.) To tell you the truth, it is difficult to find a definition.: If you look at the activities that took place, one can say that this was their objective, although it was not attained. Researcher: Whose objective? It was the objective of certain ones, because not everyone was behind this objective. Researcher: Who was behind this objective exactly?
Some Hutu were for the extermination of Tutsi. Few Hutu were not for these objectives, and
the proof is that it was they who hid certain Tutsis, who were their friends, and they [the
latter] were warned before being attacked, etc. Certain Hutu were behind it, not Tutsi.
#8, male, 26, S2 3.1 There were war crimes. Because during the killings that took place in Rwanda, you find the three ethnicities who were killed, Hutu, Tutsi, Twa, and even the mzungu, especially Belgians, and even the Congolese who lived in Rwanda. Every type of person was killed. 3.1.1 Its a crime committed against a group of the same ethnicity, the same religion, or the same ideology. #12, male, 23, P4 3.1.1 It is when one ethnicity wants to exterminate another, but does not succeed. #14, male, 2340, P2 3.1. When the present government took power, it killed also. Was there a genocide? Yes.
40
See Data Chart in Appendix II for remarks.
THE GACACA SYSTEM AND RECONCILIATION When asked whether they felt reconciliation was possible in Rwanda (question 4.3), four detainees cited the survivor organization IBUKA as a major obstacle to reconciliation.41 Many detainees suggested that when prisoners are released, they will have no problems returning to their communities, provided that those who had committed crimes are able to forgive with sincerity (mukuri), and that survivors who had committed crimes against the families of prisoners do the same. Minors generally feel that reconciliation will be achieved by mutual forgiveness. One young man (#2) confirmed the idea that it was not the Rwandan people who needed to reconcile with each other so much as the Rwandan authorities needed to reconcile with the population. (See Appendix V, Exhibit D, for complete progression of questions and responses on this point). SAMPLE RESPONSES (the Gacaca and IBUKA): #2, male, 25, S2 (gave majority of interview in French)
IBUKA, cest la premire obstacle dans la rconciliation des rwandais. (IBUKA is the
first obstacle to reconciliation for Rwandans.)
Why?
Because, IBUKA when they were just beginning to start the Gacaca project, IBUKA was
the first to contest it. On Voice of America recently, there was a debate where Antoine
Mugesera [president of IBUKA] spoke, and this time he recognized the Gacaca Law, and
someone said I would be astonished that now IBUKA accepts it!
The other thing I wanted to say, is that[breaks into Kinyarwanda]. There were 500 minors who were detained and who, before being released, were sent to solidarity camps in Ruhengeri. Others left in September of last year. They are all outside, and no one has any problems on the hill. #9, male, 24, P6 9.3 If IBUKA disappears, everything should be OK. () #11, male, 24, P6 4.3 Reconciliation is impossible. People are innocent here in prison, falsely accused. People who accuse dont tell the truth. For them it is impossible to forget. For example, IBUKA does not forget. This blocks reconciliation. Can some people pardon? Yes, absolutely.
41
IBUKA, which means remember! in Kinyarwanda, is also the name of Rwanda's largest domestic non-profit organization for genocide survivors. Founded in 1995 by influential RPF leaders, IBUKA is "dedicated to preserving the memory of the genocide and to the defense of the rights and interests of genocide survivors" (see www.ibuka.org). Critics of IBUKA have said that, in its focus on promoting solidarity among survivors, the organization has shortchanged reconciliation efforts, which must necessarily involve members of the Hutu community. IBUKA was slow to accept the Gacaca process, and has been highly critical of the ICTR in Arusha.
#12, male, 24, P4 Do you have more confidence in the Gacaca or the classical justice system? I have no confidence in either one. They have been waiting a long time for the Gacaca. If it comes, it will be good. But they keep putting it off. Out of 100,000 prisoners, only 5,000 have been tried and sentenced to date. If it continues like this, well all be dead before our trials. #13, male, 24, P6 Do you think the survivors are looking for justice in the Gacaca? I dont know whats happening on the outside. I cant know. IBUKA does not even want to
hear about the Gacaca, so
[Researcher informs him that IBUKA has accepted the Gacaca.]
They dont even want to hear about the ICTR, so how can they accept the Gacaca?
SAMPLE RESPONSES (reconciliation): #1, male, 25, S3: 4.1 For me, reconciliation concerns the two principal ethnic groups in Rwanda, the Hutu and the Tutsi. In the village, the population gets along well, but above that, its the political leaders who are the source of the division, and it is they who should also be the source of reconciliation. 4.2 It is possible. As I mentioned, everything depends on the political leaders. If they put a lot of emphasis on reconciling the population, it is sure that the population will reconcile. Is it not up to the population itself to make efforts as well? [4.7] The population is easily manipulated. They follow the directives of the higher authorities. When one orients people well, they follow. When one orients them badly, they follow. #1, male, 25, S3 (for complete interview, see Appendix VI) 4.6 On one hand, I think it will help, but on the other hand I think there will be problems. There will be problems for prisoners who are now in prison, but the families of survivors have also taken revenge on the families of prisoners and killed some members of prisoners families. For example, there is a case that has been discussed here where a survivor had taken revenge and killed a member of a prisoners family. This survivor is now in prison, too, but he wont come before the Gacaca [because of the dates covered by the Gacaca law]. The man who killed by revenge [after the genocide] will not be involved in the Gacaca, but the one who was already in prison for destroying [during the genocide] the family of the man
who killed by revenge will come before the Gacaca. If the genocide prisoner feels hurt by the survivors killing, he must take the case to the regular court.42 The prisoners want both of them to come before the Gacaca so that they can be heard [by the population] and reconcile. () 4.7 For me, the Gacaca is really the ultimate solutionthe bestif it functions the way theyve explained it to us. If it really functions as it is supposed to, according to the information theyve given us about the objectives of the Gacaca. As long as they dont bend the rules (quon naille pas, quon ne tape pas cot). #4, male, 23, S1 4.3 Is reconciliation possible in Rwanda? When a delegation of burgomasters came to the prison, there were testimonies. The prisoners from this commune, quite specifically, were able to consult with their burgomaster, their conseiller, and head of cell (chef de cellule).one prisoner testified to what he did in his sector. Among those who were in the delegation, there was someone who was a victim of the killings of this prisoner. (He pauses; interpreter asks him to continue) Victims came to have conversations with prisoners and there was time to ask for reconciliation. This is what the Government is trying to do with the Gacaca. When prisoners are released it will be easier because they will find themselves among people who have already forgiven them. #8, male, 26, S2 4.6 Will the Gacaca help the population to overcome this history and reconcile? If what is said, as it is said, is applied as such, it will have an effect. Do you think it will be applied as it is said? Most of the time, what is said is not what is done. Coded question 4.1, which initially posed the question what is reconciliation to you? was often met with responses linked directly to the genocide and the political context in the country. In order to avoid direct linkage to the political context, the question was rephrased as what creates conflicts between people? This question was further clarified by asking what creates conflicts between friends, families, or even prisoners. Responses to this latter question were very insightful, and often included references to kurya (to eat), ishyali (jealousy or envy; wanting what others have), inda nini (having to do with food, the concept of filling a large stomach), and ubukene (poverty).
42 This second paragraph is not a direct quotation, as this story was told using many gestures (e.g. pointing to indicate this one or that one), to indicate the difference between the two men (survivor and gnocidaire). I have created sentences that make the story more understandable.
SAMPLE RESPONSES (what creates conflicts): #1, male, 25, S3 4.1 What does reconciliation mean to you? For me, reconciliation concerns the two principal ethnic groups in Rwanda, the Hutu and the Tutsi. In the village, the population gets along well, but above that, its the political leaders who are the source of the division, and it is they who should also be the source of reconciliation. #11, male, 24, P6 4.1 What creates conflicts? Greed (inda nini). The government caused the conflict in Rwanda. What is reconciliation to you? When people can pardon and forget. 4.3 Reconciliation is impossible. People are innocent here in prison, falsely accused. People who accuse dont tell the truth. For them it is impossible to forget. For example, IBUKA does not forget. This blocks reconciliation. Can some people pardon? Yes, absolutely. 4.6 Do you think the Gacaca will help Rwandans to reconcile? No. For example, the reason that Im here is because I saw someone die, and I saw someone dead. The consequence [of the Gacaca, therefore] will be that everyone will be put in prison. That is not reconciliation. People are in prison because of their possessions. This is a country that operates on a toll system. [Cest un pays sur le page.] The Gacaca is siasa. Its siasa. #12, male, 24, P4 4.1 Some parents, instead of putting you in school, they employ you in transporting sacks of rice, or cement, and like that, you become like the mayibobo, and you no longer have a positive view of things. The second thing is when parents teach children that ethnicities are bad or good, it creates misunderstandings and distance between people and families. The third thing is the authorities. When someone has a good position [job], for example, if someone from Byumba gets a good job, he will give only jobs to those who were born in Byumba, the same area where hes from. He surrounds himself with his friends or family. #13, male, 24, P6 4.1 Two things create problems between people: One is poverty and the other is the ignorance of things (la non-connaissance des choses), the fact that people are not evolved in their thinking. [Les gens ne sont pas volus.] These two things created the war here. People want what others have.
43
Siasa is a Swahili word meaning politics. The sense here is that the Gacaca is political propaganda. The fact that this young man is using a Swahili word might be indicative of strong linguistic influence by the current political regime, although this could not be verified.
43
Who were the people who had things during the war? Who were the people who did not have things during the war? The Hutu were poor. The Tutsi were people who have always had things. Were the Tutsi who were here in 1994 truly rich? Yes, a few who lived in Rwanda were really rich. Because, when their children finished secondary school, they would send them away to schools in other countries. And later, when they came back, it was to get a better house and buy new things. When the Hutu, saw this, they didnt understand. They wondered, but this person has barely finished school, he goes abroad, he comes back with a lot of money, where did he find it? They thought maybe he worked with the Tutsi who were outside [in exile]. #14, male, 2344, P2 4.1 Its because of power. Everyone is looking for power. And between friends, what creates conflicts? Some feel themselves to be more Tutsi, and others feel themselves to be more Hutu. Can you elaborate? I cannot say more. What creates conflicts between prisoners, for example? Its greed. Its when one person wants what another has. CORRUPTION The problem of corruption, or ruswa, came up frequently when discussing the Gacaca system versus the classical court system. In addressing the first session of Parliament in 2003, President Kagame acknowledged that the problem of corruption needed to be addressed and, urged parliamentarians to work with the relevant government institutions to strengthen the legal framework and institutions to fight corruption (Presidential communiqu, January 2003). Several minors interviewed confirmed the gravity of this problem in the classical justice system, and suggested that while the possibilities of corruption existed in the Gacaca, it would be less frequent. In the mini focus group held at Prison B, one minor suggested that while there would be corruption in the Gacaca, it would be difficult to corrupt all 19 members of the Seat. (See Appendix V, Exhibit E for details of the discussion). SAMPLE RESPONSES (corruption): #1, male, 25, S3 5.3 (Smiles). I am going to tell the entire truth! The tribunals work slowly. They are very slow. It is difficult to win if you dont pay something. [Interviewee confirms, in French, after interpreter finishes: sans donner quelque chose (without giving something, i.e. as a bribe).] #4, male, 23, S1 Are you under the impression that there will be a bias/prejudice in the regular courts as well as the Gacaca?
44
See Data Chart in Appendix I for remarks.
Yes. [speaks at length] First, in the regular justice system, there is corruption (ruswa). Its true that the Gacaca can lead people to reconcile, but it must be on both sides, because both sides lost people. The Tutsi lost their people, but those who came afterwards and took power also should be judged. Among the prisoners here are people who lost their family as well. If prisoners are the only ones who are judged, there can be no reconciliation. #5, female, 23, S1 Do you think that the Gacaca will really work better than the regular justice system? Can
you make a comparison?
If people are willing to tell the truth (ukuri), everything will be fine. They must say
everything that is on their hearts.
Given your knowledge of Rwandan society, and the people like the ones you mentioned, who
have tried to discourage you, what do you expect from the Gacaca? What kind of truth?
Rwandans like to eat [expression used is abanyarwanda bakunda kurya, which describes
the sense of wanting something that one cannot afford; a concept that is associated with
poverty. Interpreter refers to word used by interviewee, kurya, meaning to eat,
explaining the association with corruption]. One can eat from what one has oneself, or from
what others have. Since people like to eat, they like to have the means with which to eat.
How is this related to the truth? It is going to be difficult, and I think its for this that they keep delaying the dates for the start of the Gacaca. The victims/survivors can pay [bribe] the inyangamugayo, especially the most influential [judges], and ask for the death penalty for someone. (We tell her that the judges cannot sentence someone to death). Even if they dont sentence anyone to the death penalty, they categorize people, and without money [bribes], they can put someone in the first category. What must the authorities do so that this kind of thing is corrected and monitored? I dont know what they can do. The authorities should monitor the decisions taken by the inyangamugayo. 5.2 ()
Have you heard about corruption in the regular courts?
Prisoners here say that there is a lot of corruption (ruswa) in the courts.
Are you afraid this will affect you? Prisoners here say that even to get the assignation one
must pay. But I did nothing like that, I gave myself entirely to God, I think my life is
conducted by the will of God.
Yes, justice will be done. But corruption will absolutely play a part in the Gacaca.
#14, male, 2345, P2 Are you waiting for the Gacaca?

Yes. But Im not sure if the Gacaca will really work.
Do you think that the Gacaca, as a system, will be a good thing when it starts to function?
The Gacaca is there to reconcile, and judge Rwandans. Those who are innocent will be
released, so I think its a good thing.
SEXUAL ABUSE OF MINORS In response to question 4.9 (What would you most like the authorities to know about incarcerated youth accused of genocide?), one minor in particular (#13) described the problem of sexual abuse in Prison C, which was linked to prison economics and the inadequate food supply.46 SAMPLE RESPONSES: #13, male, 24, P6 In the blocs, [sleeping quarters] we used to be separated, but now, the situation is that the capita general offers places to the adults for 2000 francs for sex with the minors, and he lets them sleep with the minors. You wonder how much he gets when there are 100 people in the block. Some adults have wives who bring them foodchicken, rice, etc.and they trade the food for sex with minors. Another problem is that the adults sleep with their wives when they go outside, and they transmit illnesses to them. There is a child here who is 7 years old, but theyve written 16 years old in his dossier. The adults used to use him for sex. How do you know he is 7 years old? He looks like he is 7. Since theyve mixed us with the adults, its just to do business. There are illnesses, and its not clean like it used to be. Recently, some minors asked to be separated from the adults and the adults refused. Once, a woman from ASOFERWA47 came to inspect the quarters. She found that there were adults [in the sleeping quarters] with minors, and asked why. The adults made up a story and told her that they had arranged it that way so they could educate the minors. Its really a big problem. Because now we are with adults who have been sentenced to life. They have nothing more to hope for, they dont care, so they do whatever they want. Minors
45 46
See Data Chart in Appendix I for remarks.

Two minors at Prison D cited the same phenomenon during interviews conducted during the 2nd quarter of 2001.
Interviews on file with author.
47 ASOFERWA is an acronym for the Association de Solidarit des Femmes Rwandaises, or the Association for Rwandan
Womens Solidarity. It was established with the patronage of current First Lady Jeannette Kagame, and is dedicated to
assisting the widows and orphans of the civil war and genocide.
are afraid because, up until now, only a few minors were abused by this kind of practice, but with time, it will be all of us. C. PRELIMINARY CONCLUSIONS
While the Government is to be commended for its January 1 initiative in provisionally releasing all detained minors who were between the ages of 14 and 18 during the genocide, the Gacaca jurisdictions should make every effort to give priority not only to offenses involving minors, but to make provisions for special in camera hearings for children and youth. Given the relatively small number of imprisoned minors, Rwandas continental and international obligations to protect the human rights of juvenile offenders, and most importantly, the Governments stated need to reconstitute Rwandan society and provide for penalties allowing convicted prisoners to amend themselves and to favor their reintegration,48 the experiences of youth during the war and the genocide should be regarded as a valuable contribution to the understanding of the dynamics not simply between ethnicities, but between generations. Furthermore, because the Gacaca concept is promoted as a means of obligating the population to recount the facts, disclose the truth and participate in prosecuting and trying the alleged perpetrators, the role of children and youth witnesses in this process is one that warrants further examination. Indeed, any effort to involve provisionally released youth in the Gacaca in a comprehensive way must take into consideration their psychological and physical vulnerability, and the impact that long-term incarceration may have had on both. Whether victims, perpetrators or witnesses in the strict sense, Rwandan youth are all survivors. Their experiences warrant the attention of the Rwandan Government and every local and international agency involved in truth-seeking, fact-gathering and the promotion of national reconciliation.
48
Gacaca Law, preamble.
IV.
ADMINISTRATION OF JUVENILE JUSTICE IN THE GACACA AND THE IMPACT OF

IMPRISONMENT ON YOUTH
The situation of incarcerated youth, therefore, presents several problems both with regard to the administration of juvenile justice via the Gacaca system, and the impact of incarceration on the peace-building potential of youth. First, we have the problem of incarcerated minors who have participated in the confession and guilty plea procedure whereby they have officially accepted responsibility for their acts.49 Many were victims of coercion, violence and other forms of manipulation by non-state actors, such as the Interahamwe. More importantly, however, is the fact that the popularity of the genocide meant that ordinary citizens fell prey to various forms of propaganda (notably the anti-Tutsi radio broadcasts of Radio-Tlvision Libre des Mille Collines, and the articles and racist humor found in its ideological twin, the newspaper Kangura), which were reinforced by local authorities (e.g. burgomasters, now called mayors). Deference to community authorities was considered normal, even when the authorities instructed their communities to kill.50 Hence, average Rwandans, who were not necessarily members of the Interahamwe militia became non-state perpetrators, and encouraged youth to participate in the killing. Secondly, incarcerated minors frequently state that they were beaten by soldiers upon arrest, and beaten in front of other prisoners as a means of obtaining confessions both from the abused detainee and terrifying others into confessing. Minors often specify that these abuses were carried out by soldiers of the Rwandan Patriotic Army.51 While the RPF was considered a rebel group when it invaded the country in October of 1990, it is now a state actor. Incidences of abuse of youth, therefore, may implicate the current regime in providing some form of compensation to those who suffered abuse by RPA soldiers, especially in cases where youth were wrongfully arrested or accused. Several youth prisoners expressed a desire to ask for reparations for such abuse, but had very low expectations that such demands for compensation by the RPF would be met.52 Thirdly, while Rwanda is party to the Convention on the Rights of the Child, it has failed to safeguard the human rights of youth upon arrest or in detention, the consequences of which arein addition to the physical and mental impact of such abusepotentially quite harmful to any efforts at national reconciliation. Many youth have been subjected to sexual abuse in exchange for food, due to the failure of prison administration to separate minors from adults.53 While the limited resources in the country make it difficult to ensure proper nourishment and medical care for the prison population as a whole, youth have been at a particular disadvantage. Youth accused of genocide are either Hutu or of mixed ethnic parentage, and, in the latter case, often have/had Tutsi mothers, some of whom were killed during the genocide. These youth are invariably accused of genocide, whether justly or unjustly. Most were arrested by soldiers of the Rwandan Patriotic Army in response to information provided by
49 50
The Confession and Guilty Plea procedure is outlined in the Organic Law of 08/1996.
Some youth detainees interviewed by the researcher in 2001used the word bisanzwe, meaning normal or usual, to
describe their perceptions of the killing at the time.
51 Based on information collected during interviews with youth detainees, during Q3 of 2001 and Q3 of 2002.
52 Id.
53 In Prison C, the capita remarked that young men in their early twenties (who had been arrested between the ages of 14
and 18) were no longer minors, and for that reason they were mixed with adults. One young detainee at Prison C reported
that these very same non-minors are sexually abused by adults regularly.
neighbors who were survivors, and who may have made accusations out of vengeance without having proof.54 Nine out of twenty of minors interviewed during the summer of 2001 professed innocence, as did nine out of fifteen minors interviewed in Q3 of 2002.55 While the veracity of their statements and stories remains unproven, similar circumstances amounting to false accusations and wrongful detention have been reported by Rwandan youth in other accounts.56 Their stories, however, reflect a definite pattern of abuse of young detainees, whether or not they had indeed participated in the genocide. While the Convention on the Rights of the Child does not condone impunity for children under the age of 18 who have committed grave criminal offenses, it does oblige states to provide juvenile offenders with a variety of alternatives to institutional care to ensure that they are treated in a manner conducive to their well-being and proportionate both to their circumstances and the offense (CRC, Article 40.4).57 Given the limited human and financial resources of the Rwandan justice system, whose infrastructure was completely destroyed during the genocide and which is still being restored, and the overcrowded and unsanitary conditions in Rwandan prisons, Rwanda has been unable to practically abide by its obligations to uphold the provisions in Article 37 of the Convention on the Rights of the Child. This fact makes the argument for the States duty to promote the social reintegration of juvenile detaineesinsofar as they have been child victims of neglect, exploitation and degrading treatmentunder Article 39 all the more compelling:
States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child. (Article 39, CRC)
In addition, Rwanda is party to the African Charter on Human and Peoples Rights (Banjul Charter), which, while lacking in specific measures relating to the protection of the human rights of children (or women), under Article 18.3, does obligate states parties to ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. With the massive release initiative now underway, Rwanda is making a first step toward fulfilling not simply its international treaty obligations, but its responsibilities to the many intelligent and thoughtful young people who have spent over 7 years of their most formative years in prison. As one 25-year-old man who has been in detention for 5 years said, we are a category of inactive people, while we are of a generation and an age that should be contributing to the rehabilitation of the country.58 This same young man noted that he had to put a stop to [his] ideas in order to simply survive in prison. If handled properly, the release of minors like this young man could also represent a release of
54
The one exception to this pattern of arrests was a female minor (#5) who turned herself in to the authorities of her own
accord.
55 One individual, in Prison B (#5), was interviewed in both 2001 and 2002.
56 See: Reis, Chen. Trying the Future, Avenging the Past: Implications of Prosecuting Children for Participation in
Internal Armed Conflict. Columbia Human Rights Law Review, Spring 1997, Vol. 29, No. 629
57 Among the alternatives suggested under CRC Article 40 are: care, guidance and supervision orders, counseling, foster
care, vocational and educational training programs.
58 Interview #1, Prison A, Q3 2002 (see Appendix VI for full interview)
intellectual potential that will be better spent outside the prison walls, contributing to the rehabilitation of the country. FURTHER EVIDENCE OF THE IMPACT OF ADULT MANIPULATION In a report released by Human Rights Watch in December 2001, researchers reported that the Rwandan government had been re-educating child soldiers who had been forcibly recruited by the Arme pour la Libration du Rwanda (ALIR) since 1994.59 Interestingly, the report noted that the majority of these children, who had been sent to the Gitagata center for social reintegration, had participated in combat only a few times and had not been trained to commit atrocities.60 On August 13, 2001, the Rwandan government made a radio announcement that the Gitagata center would be providing services to street children as well as continuing to provide reeducation programs to children under the age of 14 who had been convicted of crimes. Certainly, the recent decision to release detained minors into the solidarity camps is to be commended, and is further evidence of the present governments commitment to rehabilitate youth and promote their social reintegration. In its research, Human Rights Watch noted that some child soldiers in the ALIR were able to articulate political goals that were also cited by adult combatants: to overthrow a repressive government and bring an end to injustice. More significantly, however, when considering the broader role that youth may potentially play in the reconciliation process, were the range of childrens experiences and observations that reflected ethnic prejudices that were learned from adult soldiers, including a remark that Tutsi were more cruel than others:
One said he had been taught that "Hutu and Tutsi are different ethnic groups and there will never be good relations between them." Another said he heard commanding officers saying that Tutsi kill and imprison people in Rwanda. Others said simply that they did not know or 61 were still waiting to find out what the war was all about.
As in Sierra Leone, children and adolescents in Rwanda were sometimes drugged or intoxicated, or forced under threat of death to commit atrocities during the genocide. The younger the child, the less likely he or she may have understood the implications of his or her actions. However, Rwandan youth between the ages of 14 and 18, while old enough to incur criminal responsibility under national law, were often subjected to the same threats and forced to make snap decisions about whether to take another life or save his or her own. Certainly, the moral dilemmas that these young people have had to face, especially during the genocide, when their sense of morality was severely challenged even as it was evolving, have left scars upon their collective consciousness. This idea of moral development has been further distorted by the fact that youth who have spent the last several years in prison have been exposed to the political biases of bitter adults and true criminals. Some adults have influenced young prisoners perceptions and understanding of the civil war and genocidesometimes constructively, sometimes
The ALIR is considered by the incumbent government of Rwanda to be a rebel force that continues to threaten the
security of the country. While the top-ranking officials of the ALIR are mostly ex-FAR or Interahamwe, not all ALIR
troops were involved in the 1994 genocide.
60 Human Rights Watch Report. Observing the Rules of War? <http://hrw.org/reports/2001/rwanda2/Rwanda1201-
03.htm#P260_56943>
61 Id.
59
destructivelybut others, especially those who have been condemned to life, have taken advantage of minors physically, making them feel even more powerless to control their own lives. Therefore, any rehabilitation scheme for imprisoned youth must take into consideration the complicated historical path that these young people have been forced to follow, and the fact that their personal and intellectual development have often been shaped by those least interested in their safety and well-being. V. REHABILITATION AS A FORM OF COMPENSATION FOR RELEASED MINORS
George P. Fletchers theories of punishment and compensation seem particularly pertinent to the case of Rwanda. He asserts that the notions of punishment and compensation are closely related in that both function as sanctions imposed against persons, who, in general terms, cause harm or endanger others.62 The purpose of punishment is to rectify a public imbalance generated by the defendants wrongdoing, while the purpose of compulsory compensation is to rectify the private imbalance generated by the defendants causing harm.63 As a prosecutorial mechanism designed to end the culture of impunity in Rwanda, the Gacaca may succeed in rectifying the public imbalance created by the genocide. However, it may fall short with regard to the correction of the private imbalance that will linger between victims and perpetrators. The imbalance is not simply between ethnicities; it is between generations. The common assertion that every living Rwandan nationalwhether Hutu, Tutsi, or Twahas been affected either directly or indirectly by the genocide is no exaggeration. Every Tutsi has lost either an immediate family member, or a more distant relative, and every Hutu has either lost a family member or has one in prisonwhether or not the detention is in fact justified. When grafted onto the long history of ethnic conflict, and the pre-genocide civil war that was predicated on Tutsi refugees right to return, the broad social impact of the genocide seems to defy the application of any general theory of compensation. However, failure to offer reparation in some form, whether it be through restitution, compensation, rehabilitation, or satisfactionamong other methods suggested in the Van Boven Principles on the right to reparationwould be tantamount to a failure to acknowledge victims.64 When perpetrators are children who were victimized into committing crimes by adults, the question of who should give reparations becomes as complex as who should receive them. The problem of administering reparations to youth victims of genocide or rehabilitating youth detaineeswho themselves often became the victims of adult coercionmay be best addressed by considering the potential future value of the 14-18 age group as a whole. For the same reason that this age group has been neglected in UN studies on war-affected children, most policymakers do not recognize this generations genuine peace-building potential.65 However, as one researcher on the role of youth in transitional justice notes,
62 63
Fletcher, George P. Punishment and Compensation. Creighton Law Review 14, No. 3, 1981, p. 698.
Id.
64 The Van Boven Principles on the Right to Reparation. See bibliography for full citation.
65 Winnipeg Agenda for War-Affected Children (2000).
We think that it is no exaggeration to say that post-accord transitions are in good part enabled by youth and, in turn, post-accord transitions create the next generation. ()Youth are also members of families, schools, peer, leisure and communal groups and as such create, and interact with, spaces that are the primary sites of socialization of peace and war. Therefore, a neglect of youth is shortsighted and counterproductive in terms of peace-building, particularly in the crucial post-accord phase with its twin challenges of violence prevention/accord maintenance and societal reconciliation and reconstruction.66
Without denying the necessity of punishing and securing acknowledgment of wrongdoing from minors aged between 14 and 18 who actively participated in the genocide, the value of rehabilitating this age group as a whole should be of greater concern than efforts to distinguish its membersand hence an entire future generationas perpetrators and survivors. Accordingly, the best approach to the question of reparations to youth as a whole is one that is more constructive than destructive (penal), and more oriented toward future potential than narrowly focused on compensatory/corrective measures. Hence, decisions about what form reparations must take should recognize that it is insufficient to emphasize the incident that caused the harm when seeking reparatory payment; questions of what the payment is designed to do and what it actually does must also be addressed.67 Because monetary compensation alone will not promote reconciliation and is not sufficient as a form of acknowledgment, a redistributive approach may be more favorable when discussing the problem of reparations to youth.68 Fletcher submits that redistributive measures [to compensation] do not take the victim in his or her concrete particularity; [but] treat the victim as a member of the class of persons who warrant a greater share of societys wealth.69 Such measures toward the rehabilitation/reeducation of released minors, such as the 2-month post-incarceration immersion in the Ingando that the government is now undertaking, are among the alternatives to institutional care suggested in Article 40 of the Convention on the Rights of the Child.70 The short-term goals of this January 1 initiative, which in itself is a redistributive approach for prison-affected youth in Rwanda, would seem to serve the Governments longer-term goals of social reintegration and reconciliation. And precisely because reconciliation should not be thought of as an end in itself, but as a process, this redistributive/rehabilitative approach seems much more likely to achieve these goals. While youth detainees have begun to be released in early 2003 for 2-month stays in the Ingando, the question of where they will go afterwards remains. They must not be left to fend for themselves in a social environment where acts of revenge are still probable. While the Community Service program (Travaux dintrt general) will include minors, and observes fair labor practices with regard to minors, it should not be treated as a proxy for further social reintegration programs after they leave the Ingando. The design of reintegration programs should reflect the economic and educational needs of youth who have lost skills and been deprived of a regular education due to imprisonment, without marginalizing youth who are survivors of genocide in the strict sense.
66 67
Borer, Tristan Anne. Developing Social Capital: Youth/next generations in peace-building, July 2001.
Fletcher, p. 702
68 Id.
69 Id.
70 See note 50, supra. The implementation of these measures is, however, long overdue.
THE REHABILITATIVE POTENTIAL OF YOUTH PARTICIPATION IN ESTABLISHING A HISTORICAL RECORD The importance of involving youthwhether perpetrator, victim or bothin the process of revealing and recording the historical truth about the civil war, the genocide and its aftermath must not be underestimated. Participating in the creation of something larger than themselves creates a sense of purpose and belonging in young people, and gives them a sense of accomplishment. In its report Never Again, SERPAJ of Uruguay emphasized the necessity of youth participation in the establishment of a historical record, noting that the suppression of truth has a deleterious effect on young people in particular:
[It] makes a generation, especially the youngest, ignorant about itself and causes it to move without an historical awareness with regard to the essential elements in the formation of its own identitybecause identity implies asking oneself, and answering on a more or less permanent basis, who we are, where we come from and where we are going. And to respond, one needs the map of the social and political geography, one needs a known history, one 71 needs the whys.
While there are plans for establishing a database of information that will be made available to the public during the course of the Gacaca proceedings (which will be disseminated via internet, radio and print), plans to produce a report such as those published by previous truth commissions have not been solidified or made public.72
71
As quoted in the UNICEF/UNAMSIL report on Children and the Truth and Reconciliation Commission for Sierra Leone, p. 63
72 Field notes, public meeting with the Procureur Gnral, Grard Gahima (University Club, Butare. June 2001)
VI.
RECOMMENDATIONS
Making room in Rwandan society to consider the value in promoting the peacebuilding potential of youth detainees who have been provisionally released from prison also holds symbolic significance for adults, and can have a unifying effect. Practically speaking, sensitizing or shifting Rwandan societys collective focus to the benefits of educating and supporting youthparticularly those who are found innocent via the Gacacais a palpable metaphor for reconciliation and for moving toward the future with some hope. As noted in UNICEFs Recommendations on the Truth and Reconciliation Commission for Sierra Leone, previous truth commissions in other parts of the world have involved children in their proceedings to varying degrees.73 Such involvement has ranged from a brief commentary regarding the impact of conflict on children in El Salvador, to a more thorough analysis of the effects of violence against children in Guatemala (although neither children nor adults who had been abused as children were interviewed), to the special hearings and workshops for children and youth in South Africa, to which an entire chapter of the TRCs final report was devoted.74 The Sierra Leone TRC is the first truth commission to fully integrate children into its proceedings by permitting them to formally testify before the Commission.75 It is hoped that, in keeping with its obligations under international law and other guidelines on the administration of juvenile justice, Rwanda will endeavor to undertake measures similar to those embraced by South Africa and Sierra Leone on the experiences of children and youth, and the protection of their human rights during the Gacaca proceedings. The following set of recommendations pertain specifically to the protection of the rights and welfare of accused youth who were between the ages of 14 and 18 in 1994, who have spent a large part of their formative years in prison, and who have now been granted provisional release per President Kagames January 1, 2003 initiative. The researcher of this report offers these recommendations in response to the information provided to her between 2001 and 2002 by 35 young detainees via personal interviews in prison. These majority of those interviewed will either be sentenced or cleared of charges via the Inkiko-gacaca. PRIMARY RECOMMENDATIONS TO THE GOVERNMENT AND ALL OTHER AGENCIES AND ORGANIZATIONS SUPPORTING THE REINTEGRATION AND REHABILITATION OF YOUTH DETAINEES: It is therefore recommended that: 1) the Gacaca jurisdictions be conducted as a process intended to promote truth-telling, justice and accountability, as long as the process also respects standards pertaining to the administration of juvenile justice, and reflects a commitment to considering the desirability of promoting the childs reintegration into society76 and fostering responsible citizenship;
73 74
UNICEF/UNAMSIL Report, 2001, p. 110 Special Hearings for Children and Youth: Volume 4, Chapter 9 of the South African TRCs Final Report 75 Lome Accord, 7 July 1999. http://www.sierra-leone.org/lomeaccord.html - The Lome Accord recognizes the vulnerability of children (esp. child soldiers) and their need for special protection during the disarmament, demobilization, and reintegration process in Sierra Leone in its preamble and under Article XXX. 76 CRC, Article 40.1
2) special consideration be given to the needs of newly released youth detainees without families in order to ensure their reintegration into society; 3) youth accused of genocide be adequately informed of and counseled on their rights and possible sentences under the Gacaca Law, including categorization and possible consequences about testifying in public, and then be give the option to have an in camera hearing in the presence of a trusted friend, family member, or human rights advocate; 4) the Government and other local organizations concerned with the welfare and future reintegration of newly released youth detainees (and those still in prison) endeavor to apply the provisions outlined in Articles 37 and 40 of the Convention on the Rights of the Child, which recognize implicitly the vulnerability of youth in detention to adult inmates. As these same adults will be released simultaneously, the vulnerability of youth who were detained with them will not decrease, and threats to silence them may in fact increase; 5) the needs of youth detainees (both present and former) and victims of crimes against humanity be distinguished from those of younger children and addressed, especially youth (male and female) who suffered rape or other forms of sexual abuse (either during the genocide or while in detention); 6) Counseling and other rehabilitative/educational programs be expanded to help provide medical and psychosocial care for newly released youth detainees in an effort to prevent recidivism for those who are at risk; 7) any modification in the administration of juvenile justice be made to conform with the requirements of the Convention on the Rights of the Child and other relevant human rights instruments, and that any reform of the Rwandan Penal Code include provisions that will better ensure the prosecution of adult violators of childrens and/or minors rights;77 8) youth organizations be supported and encouraged to facilitate the social reintegration of peers cleared of charges or sentenced to community service orders via the Gacaca process; 9) any official report on the Gacaca jurisdictions include an in-depth analysis of child rights violations, the impact of these violations on Rwandan youth, and root causes of youth participation in the genocide; 10) a separate fund be created for youth detainees accused of genocide who were (a) victims of physical abuse while in detention, and (b) whose rehabilitation/reeducation has been deemed desirable by the Gacaca judges in conjunction with experts on juvenile justice and child psychologists. In an effort to de-stigmatize youth who have been in detention, this fund should be promoted as a means of encouraging youth participation and input in the reconciliation and peace-building effort. 11) the loss of civil rights (per Article 72 of the Gacaca Law) be considered temporary for juvenile offenders, and that incentives be designed to regain them after a reasonable period of time with no further infractions. Depending on the severity of the offense, depriving minors of the right to vote or to be expert witnesses in the Gacaca trials should be avoided if possible. The justification is that depriving minors who were actual perpetrators (again, depending on the severity of the offense) of such rights does not contribute to their reintegration, but only stigmatizes them further.
77
Cf. CRC, Article 40.1.
SECONDARY RECOMMENDATIONS TO THE GOVERNMENT: 1) that Rwanda ratify the 1991 Rwandan signature of the African Charter on the Rights and Welfare of the Child, which in Article 17 provides specific guidelines on the administration of juvenile justice and emphasizes that any judicial process involving juveniles should be private (paragraph d).78 2) that the guidelines contained in the UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the UN Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), and the UN Rules for the Protection of Juveniles Deprived of their Liberty be reviewed and integrated as much as possible into the Gacaca proceedings TO THE INTERNATIONAL COMMUNITY: 1) that the international community support measures and institutions that focus on providing a social structure for youth detainees who will be cleared of charges via the Gacaca process. These measures should include post-release family reunification efforts (where possible) and social rehabilitation, reintegration into the educational system, psychosocial support, drug rehabilitation and support to disabled youth;79 2) that local and international NGOs work to develop educational materials on the role of youth in peace-building/conflict resolution and democracy for use in both formal and non-formal educational settings.80
78 79
See http://www1.umn.edu/humanrts/africa/afchild.htm Cf. UNICEF Recommendations on children in the TRC for Sierra Leone 80 Cf. Id.
VII.
CONCLUSION
Rwandan youth who have been and are still in the process of being released from prisons across the country are an integral part of the national reconciliation process, and should not be marginalized. Based on the accounts relayed to the researcher through indepth personal interviews, many youth detainees interviewed for this report appear to have been falsely accused of participating in the genocide, and were quite skeptical of the Gacaca system. Given the repeated delays in making the system operational, many voiced doubts that the Gacaca would happen at all. While the provisional releases of minors which started in late January 2003 is a step in the right direction, it raises a number of concerns for young people who will be released, but whose families are no longer alive. If it is to take accountability, justice and reconciliation seriously in the Inkiko-gacaca, Rwanda must provide its young people with the protection and consideration that will foster respect for the government as well as human dignity between generations and across ethnicities, and especially between peers. Youth who have spent almost all of their adolescence in prison are particularly vulnerable both to recidivism (if perpetrators) and delinquency (if parentless). The latter phenomenon was described by the philosopher and prison sociologist, Michel Foucault, as a consequence, rather than a cause, of imprisonment:
the prison, apparently failing, does not miss its target; on the contrary, it reaches it, in so far as it gives rise to one particular form of illegality in the midst of others, which it is able to isolate, to place in full light and to organize as a relatively enclosed, but penetrable, milieu. It helps to establish an open illegality, irreducible at a certain level and secretly useful, at once refractory and docile; it isolates, outlines, brings out a form of illegality that seems to sum up symbolically all the others, but which makes it possible to leave in the shade those that one wishes toor musttolerate. This form is, strictly speaking, delinquency. One should not see in delinquency the most intense, most harmful form of illegality, the form that the penal apparatus must try to eliminate through imprisonment because of the danger it represents; it is rather an effect of penality (and the penality of detention)81
If youth detainees are to be effectively rehabilitated and reintegratedwhether they come before the Gacaca or notthe Government and other organizations within whose mandate it is to protect the welfare of children and youth, must be aware of the social context from which these young people have just emerged. Two months of reeducation in the Ingando will not undo the damage that seven years of prison has done. While the Government is constrained in several ways by what it can practically do to support newly released detainees, international and local NGOs can fill in the gaps. Collectively, as a generation of transition, and individually, as agents of social change, Rwandas youthboth those released after many years in prison and those never imprisoned or accused of wrongdoinghave an indispensable role to play in national reconciliation, in rebuilding the country, and in rebuildingor perhaps simply creatingthe most elusive element in all human relationships: trust.
81
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Vintage Books, 1995, pp. 276-277
APPENDIX I
INTERVIEW QUESTIONS
Please note: A statement of confidentiality was read to each interviewee before any questions were asked (see p. 40). This questionnaire was designed as a guide for interviews, and thus not every single question was asked of every interviewee (with the exception of the basic questions in no. 1, which were asked of all interviewees). If information sought by a particular question was revealed in the response to a separate question, or as part of the general conversation, the interviewee was not necessarily asked to repeat information. In order to keep the flow of the conversation and to avoid creating an atmosphere of interrogation, questions were often asked out of order, depending on the responses. 1. Basic questions 1.1 Name, age, education, charge? 1994 2002 Birth 1.2 Date (year) and place of birth? 76 18 26 1.3 Do you believe the accusation is correct? 77 17 25 1.4 Date of arrest (month, year)? 78 16 24 1.5 Location of arrest? 79 15 23 1.6 Have you ever had a lawyer/legal representation? 1.7 Do you know if you have been placed in a category? 80 14 22 2. Family situation / personal life / religious affiliation 2.1 Do you know where the members of your family are (parents/siblings)? When was the last time you saw your family (mother/father/brothers/sisters)? 2.1.1 If in prison, do you know what they are accused of? 2.2 Do you attend religious services here in prison? (Catholic/Protestant/Muslim/ other?) 3. Personal views / genocide 3.1 Do you believe there was a genocide in Rwanda? 3.1.1 If yes, what is your understanding of the term genocide? [use term itsembabwoko if necessary] 4. Reconciliation / Gacaca 4.1 What does reconciliation mean to you? Please give your own personal definition. OR: What creates conflicts between people? (friends, families, prisoners, etc.) 4.2 Do you think reconciliation is possible between large numbers of people (for an entire population, an entire society)? 4.3 Is reconciliation possible in Rwanda? Why/why not? 4.4 When did you first hear about the Gacaca (either traditional or Inkiko-Gacaca)? 4.5 What are the goals of the Inkiko-Gacaca? 4.6 Do you think the Gacaca will help Rwandans to reconcile? Why/why not? 4.7 What must Rwandans do, in addition to the Gacaca, in order to achieve reconciliation? 4.8 What must the GoR do to assist in the reconciliation process? 4.9 What would you most like the authorities (GoR) to know about incarcerated youth accused of genocide (like you)? 5. Perceptions of justice 5.1 What does the word justice mean to you? 5.2 Do you think justice will be done in the Gacaca? 5.3 What do you think of the conventional justice system in Rwanda? 5.4 Would you prefer to be tried under the Gacaca system or in the conventional /classical
court system? Why? 5.4.1 In the Gacaca, will you testify as a witness to any crimes you saw committed by others between 1990 and 1994? 5.4.2 Why? 5.5 Do youth who come to testify in the Gacaca merit any special protection or treatment? 6. Confession and Guilty Plea 6.1 Did you participate in the confession/guilty plea procedure? Do you see any problems with this procedure, either for you personally or for other minors/youth? 6.2 Have you had any particular problems in prison? (threats?) Other questions: 7. Accusation / release 7.1 [If confessed]: What motivated you to confess? 7.2 When you think back on the past, do you think you could have acted differently? 7.3 Do you have any regrets/fears about having confessed? 7.4 Do you have any fears about testifying before the population? 7.5 Do have any fears about being released? Any expectations about what your life will be like outside? 7.5.1 Do you have an idea about what your life will be like outside prison? 7.5.2 What have you learned since you have been in prison? 7.5.3 What would you most like young people in this country to know about life in prison? 8. Have you heard this proverb? cite proverb: (Ukuri guca mu ziko, ntigushye. (La vrit passe par le feu mais ne se brle pas./ The truth passes through the fire but does not burn.) Do you think this proverb will be proven during the Gacaca? [NB: question not asked consistently] 9. Prospects for future / personal / Rwanda 9.1 Do you have any plans/projects for yourself (your family) when you are released? (Do you think about the future?) 9.2 What kind of person are you in your heart? What is most important to you in life? If you were to describe yourself to someone who does not know you, what would you say? 9.3 What can Rwandan youth do in order to overcome the legacy of violence in the country?
CONFIDENTIALITY STATEMENT 2002

Interviewer/researcher: My name is Constance Morrill and I am a researcher from the Center for
International Conflict Resolution at Columbia University in New York, in the United States. This Center is not affiliated with any government body or NGO, but the United Nations Development Programme is providing some logistical support for my research. I am conducting a study on the perceptions of Rwandan youth detainees toward the gacaca jurisdictions as a mechanism for national reconciliation. I am particularly interested in speaking with men and women in prison, who were minors aged 14 to 18 between October 1, 1990 and December 31, 1994.
Terms of Confidentiality
1. Your participation in this discussion is completely voluntary. If at any time during the discussion you wish to discontinue, you may do so. You may also choose not to answer a question at any time. The opinions and information obtained in this discussion will be used in an academic research project, and will result in a final report to be written by the end of this year. The report will be shared with any governmental agency or non-governmental organization, in Rwanda or abroad, that is interested in supporting and developing the peace-building capacity of young Rwandans of all backgrounds and experiences, as inheritors of a country in transition and on the path to reconciliation. Any information obtained during the course of this discussion may be published, however, your name will not appear anywhere in the report. Instead, false initials or numbers will be used to represent the information that you reveal in the discussion. If the session is recorded, your identity will not be revealed on any tape82.
2.
3.
4.
Should you have any questions during the interview, please let me know.
82
Basic personal information, such as age, accusation, date of arrest, etc., was noted by hand.
APPENDIX II
DATA CHART, incarcerated youth accused of genocide
Name Prison location Sex M Age in 2002 F Age in 1994 @ time of alleged crime Education Date of arrest: Quarter & year Time in prison: years. Months Confess (C / NC) DATE of interview
1 Charles 2
A A A A B B B B C C C C C A A
x x x x x x x x x x x x x x x
25 25 25 23 23 24 22 26 24 23 24 24 24 23 22
17 17 17 15 15 17 13 (b.12/1980) 18 16 15 16 16 17 15 14
S3 S2 P3 S1 S1 P2 P4 S2 P6 P6 P6 P4 P6 P2 P2
Q3 1997 Q1 1995 Q1 1996 Q2 1995 Q3 2000 Q1 1995 Q3 1995 Q1 1995 Q3 1996 Q4 1996 Q1 1997 Q3 1996 Q3 1997 Q1 1995 Q4 1995
5 7.5 6.6 7.3 1.11 7.5 6.11 7.6 5.10 5.7 5.6 5.10 4.10 7.5 6.7
NC NC C NC C C NC NC C C true; not true NC NC NC NC C
Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002 Q3 2002
3 Kinyamateka2 4 5 Candide 6 7* 8 9 10 11 12 13 14 age discrep. 15
TOTAL C / NC: Confessed: 5 male / 1 female; Not Confessed/innocent: 9 males *NB: Ages were not verified, and in many cases cannot be verified. However, if accurate, the age of interviewee #7 at the time of his arrest is of some concern, as those under 14 should not have been incarcerated. 1 Interviewee #1 identified himself using the colors for his favorite football team. 2 Interviewee #3 identified himself as Kinyameteka, a Catholic newspaper.
APPENDIX III RELIGIOUS AFFILIATION

Interviewee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Age 25 25 25 23 23 24 22 26 24 23 24 24 24 23 22 Religious Affiliation Catholic Catholic Protestant/Pentecostal Jehovahs Witness Catholic Muslim Catholic 7th Day Adventist Muslim Protestant/Pentecostal Protestant Muslim Catholic Catholic Catholic before / since prison Before Before Started in prison (before, I was nothing) Not specified Before Converted from Catholicism in prison Before Before (Since birth) Converted from Catholicism in prison Started in prison Before Before (since age 9); aunt lived 22 years in Saudi Arabia Not specified (for a long time) Not specified
APPENDIX IV
EXHIBIT A Responses to question 4.9: What would you most like the authorities (GoR) to know about incarcerated youth accused of genocide (like you)?
1) Prison A, male, age 25 (17 in 1994) S3
Youth who have been developed (form) in prison have, instead of being developed have been dedeveloped (dform).83 Our generation of young prisoners, is like a dead generation. (Could you explain more about this deformation?). Given the conditions we live in here, we no longer have time to think about our future, to plan. Instead, we plan for our survival: Am I going to eat something today, am I going to eat something tomorrow? We only think about our immediate situation as prisoners. Instead of planning for our studies, like me, who was at school, for the moment its over. I have to put a stop to my ideas and think about the prison conditions. Now I am 25 years old. I should be thinking about my personal futureabout getting married or preparing a future, but I dont have time to think about that, only about the conditions I live in now. We are a category of inactive people, while we are a generation and of an age that should be contributing to the rehabilitation of the country. Now we are rotting in prison. As you said, yours is a dead generation. What would give you hope to rebuild and begin your life again? For me who has lost all my family, I see no other way to rebuild my life without the support of someone or some people who could help me start again. I think I am completely at zero. And because I have neither my father nor my mother who can encourage methere is no one to bring me anything to eat [to the prison]who else but a benefactor could take me in and help me rebuild?
2) Prison A, male, age 25 (17 in 1994) S2

[speaking with extreme emphasis] I am going to tell you very clearly. Minors who are incarcerated have become more mean (plus mchants!), more criminal! They are de-developed (dforms). But because they have a lot of chagrin/bitterness. So, for me, its something elsefor the minors. And for the adults? In my opinion, the adults have no problems. Why? Because the adults say, this and that is already done, but what we have to do is reconciliation. If the adults dont have problems, like the youth, is it a way of accepting their responsibility?adults have contributed in a certain way to the planning and execution. Adults accept easily what happened. The youth feel like they have wasted their lives. Imprisonment has ruined all of their perspectives [sic] on the future, and for most of them, their parents were killed.
3) Prison A, male, age 25 (17 in 1994) P3

There are problems with confessions. When you are accused, there are true accusations and false ones. It is difficult to confess when youve never known or seen the person who is accusing you before. I feel that I was falsely accused, also. Both the true and false accusations continue to progress. I feel I am in between. Are you afraid of rumors? Some of the other people who are accused with me are in prison here. One is outside, and he has some influence [in the community]. Are you afraid of this person? No. Have the others in your group confessed? No. Interpreter used the French verb former, which means to educate and develop, both socially and intellectually. In this context, dform could mean misled or misguided, given the decidedly nonnurturing environment in which they find themselves. OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
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4) Prison A, male, age 23, (15 in 1994) S1

[speaks at length, clearly] The GoR should realize that we were still minors in 1994. The genocide wasnt our initiative. (those who committed genocide) perpetrated the genocide, they were still minors. So they didnt really knowWe were influenced by either soldiers or other people, but it wasnt our initiative. They [govt] should find another way to teach youth the right things. They should find another way for youth, like the Ingandos, instead of going before the gacaca as adults, to help us grow and change our mentality because we have been here for 8 years, so we are getting even worse. It would be good to let youth go to the Ingandos, to teach them or tell them that what theyve done was not good, and help them change their mentality, instead of judging them in the gacaca as if they had committed crimes as adults. When one is in prison, and one is still young, one doesnt develop. We eat badly. Our lives dont get better. We grow in age, physically, but intellectually we do not advance. There is no evolution. Are there government representatives or NGOs that come here regularly? The ICRC has brought food before, but no blankets. We havent had blankets since 1998.
5) Prison B, female, age 24, (15 in 1994) S1
The authorities should learn [realize] that minors were influenced by adults, and because of this should take the decision to release them first. They should know that these minors had certain experiences, and learned while they were in prison that the leaders who influenced them trusted the word of the authorities, who had done wrongfor me, for example, I am sure I can no longer commit crimes like thisif it should ever happen again [to me], it would be by accident.
As for me, who have just had my summons to appear in court (assignation), I want to be heard as soon as possible, and know how much time I will be a prisoner. The authorities should give priority to all minors in their judgments and in the decisions to give provisional releases.
6) Prison B, male, age 24 (17 in 1994) P2

[question requires some explaining] [he speaks quite a bit, his voice is more sure, and he speaks up] The authorities should know that minors are imprisoned in very bad conditions, and that the fact that they live together and never go out, they acquire very bad habits from others, and when they have things like demonstrations in the prison, because they are like this [gestures], without enough space, its the minors who are not as strong, even less given their category [as minors] who suffer the consequences of these demonstrations, these troubles, so, I understand that the prison conditions are not at all good, and that behavior can change, and can be influenced by the character of others. ( cause des caractres des autres) Has he and what kinds of changes has he seen in the behavior of young people? Yes. (ehhhh). Some get involved with groups of thieves, and when they have educational sessions, some people instead of showing up and following the sessions, go with groups of bad characters (malfaiteurs). What does he mean by groups of bandits? It seems that they stealhere in prison?yes.
784 Prison B, male, 22 (b. 12/1980) / (13 in 1994) P4

[speaking quickly, animated] If the authorities who are in power now understood that everything (the events of 1994) was organized by the authorities and the consequences fell on the rural masses (la masse paysanne), and that because the objectives of those organizers were not attained, the consequence was the incarceration of everyone, including young people.
8) Prison B, male, age 26 / (18 in 1994) S2

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This young man was 13 when arrested.
Reconciliation and the Gacaca 45 NB: This detainee was not asked this question specifically. His reponse to question 7.5.3, however, reveals his perceptions of the dynamic between those in power and the people: 7.5.3 What would you like young people to know about your life in prison? Everything starts from up high, not from below. These youth, this mass of the population, its not there that
everything begins. Good and bad things both start from above, with the leaders. The population executes.
9) Prison C, male, age 24 / (16 in 1994) P6
That there are a lot of innocent people in prison. They are waiting for justice. If reconciliation is to be possible,
the innocent must be released.
The government must knowIf it applies the law that protects minors, the one that allowed the children to be
released, to us also, we could be released too. It will be same. We are missing a lot being here. At this [point
in time], I should be almost finished with my studies, but instead I am here. The one thing the government
should remember is that it is youth who will build tomorrow. If they stay here doing nothing, it will be difficult
[to do that].
Normally, minors should have a place for themselves, and not be mixed with adults. Its the adults who are
criminals.
12) Prison C, male, age 24 (16 in 1994) P4

When you are arrested, they take all your things, including your money. I went without eating three times. We
need health care.
Minors used to get food in the minors bloc [quarters]. We used to eat at 10am without adults. Now we eat
together [with] or after [the adults], and many [minors] dont eat at all.
13) Prison C, male, age 24, (17 in 1994) P6
When we were still at the cachot communale, we were beaten by the groupe mobile.
Who was in the groupe mobile? The national police. They used to be the IPG, now theyre part of the national police. What else would you like them to know? We are mixed with the adults, but we dont have the same ideas as the adults. Since minors tell the truth more than the adults, we can testify to a lot of things, so there are always conflicts. They adults are not always happy with us. Why do minors tell the truth more than the adults? Because when we tell the truth, we have the chance to be released. In addition to that, for everything that happened during the genocide, we were there for nothing. The majority of minors did not really kill, but they can recognize which people did kill, and testify against them.
14)85 Prison A, male, P2, age 23 / (15 in 1994) P2

The government should know about the prison life of young people. We werent adults when the genocide happened; we couldnt take the initiative alone to kill someone. There were minors who were released in two groups. I was in the second group. In Mugambazi, there were minors who had rich families who paid to get them out. They had the chance to go to the Ingando. There was a guy who took bribes of 15,000 to 20,000 francs to put minors on the list for release. My group never left for the Ingando.
Interviewee said he was 20, which would have made him 12 in 1994; when I asked year of birth, he replied 1978, which would make him 24 (and 16 in 1994)
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Is this person who took bribes still here? He is gone. When did he leave? He left a year ago.
15) Prison A, male, age 22 / 14 in 1994 (b. 1980) P2
All I am waiting for is to be released. I had tuberculosis and also other illnesses. Now that I am cured, I am simply waiting to be released.
EXHIBIT B Responses to question 9.3: What can Rwandan youth do in order to overcome the legacy of
violence in the country?
1) Prison A, male, age 25 / 17 in 1994 S3
Youth can create anti-divisionist clubs in schools, the same way they create anti-AIDS clubs. They should
build and live their present, without thinking about the past violence organized by their ancestors, grandparents.
They should live their present as Rwandan students, and be united by the fact that they are students and not
divided by the ethnic factor. (Who is going to organize them so that they live like this?) They will, provided
that the authorities do not interfere(except to support them?)...except to support them.
Like in the Bible, it says Dont do unto others what you dont wish them to do to you.
3) Prison A, male, age 25 / 17 in 1994 P3
Youth should mobilize themselves in solidarity to do what is useful. (what would be useful?) Doing the
national work and family work.
If you are told on the radio to go and kill people, what would you do? Because we were already victims of this kind of thing, we learned from it, and we cannot repeat it.
Youth should follow teachings and know how to tell the difference, even if your mother or father says do this,
youth should learn to think before acting.
5) Prison B, female, age 24 / 15 in 1994 S1
I would teach them love, and that they should love each other as they are. I am now part of the Mouvement
Xavry (a Catholic youth group). I teach others about love Inside the prison, there is a hospital where I go
to take care of the sick, and wash them, for example, without taking note of their ethnicity, even though both
Hutu and Tutsi are here in prison.
How important is educating young people? Education can both save and sentence a person. For example, when the group of attackers I was with went into a house to kill Tutsis, there were times when they would ask for the ones who were educated first. Which one is educated here? Who speaks French here? they would ask. They would begin by the educated ones, while the others could escape. Why did they want to kill educated people first? [interviewee speaks directly to interpreter, speaking of researcher in 3rd person] Because educated people are quicker in the dissemination of information. For example, if I were educated, I would not need an interpreter to talk to her [researcher]. I would be able to transmit information directly to her. 6) Prison B, male, age 24 / 17 in 1994 P2 [question not asked directly] This young man felt very strongly that the Rwandan conflict(s) could be resolved if the rule of law were respected. 7)86 Prison B, male, 22 (b. 12/1980) / 13 in 1994 P4 They should avoid ethnic division. How can one do that? Through education and sensitization. Youth who will be released should share what theyve learned here during incarceration, or during their time in the solidarity camps, and share it with others.
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This young man was 13 when arrested.
8) Prison B, male, age 26 (b. 08/1976) / 18 in 1994 S2 Avoid the thirst, the desire, for what is not yours. 9) Prison C, male, age 24 / 16 in 1994 P6 If IBUKA disappears, everything should be OK. Then we will be able to ask for forgiveness. Youth do not have any culture, and they should receive a cultural education as well as a formal education. 10) Prison C, male, age 23 / 15 in 1994 P6 Youth should develop themselves. They are not developed (pas form), their minds are not open, they have nothing to do. If there were a lot of associations, if young people had things to do, they would develop themselves more and be less likely to get involved in violence. 11) Prison C, male, age 24 / 16 in 1994 P6 The government must give them something to do, a job, so they dont end up like mayibobo, in the street with nothing to do. The government should create associations for youth who want to be carpenters, masons, fabricmakers, etc. 12) Prison C, male, age 24 / 16 in 1994 P4 NB: question not asked 13) Prison C, male, age 24 / 17 in 1994 P6 NB: question not asked 14)87 Prison A, male, P2, age 23 / 15 in 1994 P2 Do youth have something special to contribute to peace in Rwanda? They must listen to each other and gather together. What can they do? They must be in agreement and listen to each other. Those who can should go to school and get training. They should reflect more on their country so they can have good ideas about the country. Is it difficult to have good ideas about the country when one is in prison? Yes, it is difficult.
15) Prison A, male, age 22 / 14 in 1994 (b. 1980) P2
They can work for the country, and not go into the street like the mayibobo, they can go to school.
Interviewee said he was 20, which would have made him 12 in 1994; when I asked year of birth, he replied 1978, which would make him 24 (and 16 in 1994)
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APPENDIX V
EXHIBIT C LEGAL REPRESENTATION IN THE CLASSICAL JUSTICE SYSTEM Interview #4 Prison A: Excerpt Key: - Researchers questions are in italics - Interviewees responses are in regular type, except where bracketed comments appear Location of trial: District N Lets go back to something. You said that the accusation was not correct? Yes. So how was it that your case came before the court of 1st instance (tribunal de premier instance)? What happened exactly with your case? [Interpreter asks if its OK to translate what he has told her; he says yes]. Just after the war, in 1995, many innocent [arengana] people were arrested. When people had an eye on the property or other interests [inyungu] of a neighbor, they would find a way to have the neighbor arrested, and if the potential for increasing their interests was there, they would keep following the file so that the one in prison would not be released. One would follow the file so that interests would continue to add up such that they (the accusers) could claim compensation [indishyi] or claim that the person accused was responsible for damaging their property. This way, the individual could get more compensation [for the property that did not originally belong to them]. Thats why I was taken to prisonlater I was sentenced, and I appealed after that. What was your sentence? I was condemned to 15 years in prison. I said no and went to the court of appeals. Do you know the approximate date of your sentencing? 30 April 1999 Right after I was sentenced, the person who had me arrested (who accused me), went to my family and asked for forgiveness. Then my family came to see me in prison to tell me about my accuser having come to ask for forgiveness in his name, and I said that it was no problem [nta kibazo]. The accuser (now forgiven) then went to the court to ask for my release, but they said it was too late. Because the judgment had already been pronounced, when they went to appeal, he was told he would have to wait. They said the court procedures would have to be followed, so that I could be released on acquittal. [NB: The accuser promised that he would go to the court of appeals to testify to his innocence when his case was reopened. There is still no word from the court on the status of his case.]
What are you accused of exactly? It wasnt because I stole or damaged his [the accusers] property or the property of his family. He supposedly thought that I might have killed his brother thats the only thing. [He is accused of having killed the brother of the man who first accused him, and who later asked his family for forgiveness.] Why did this other person, who originally accused you, change his mind later and ask for forgiveness? According to the information he received, this man was transformed by religion, and he saw le saint esprit [found God], repented for all his sins, went to ask for all the information, got the truth, and found that people had given him false information in the beginning. I found out that he was a religious person who liked to pray, so in practicing his religion/praying, he realized that the one good thing to do would be for him to ask forgiveness. I asked the reason why he came to ask forgiveness, it seemed like maybe he might have been someone who was religious and liked to pray, perhaps he realized in practicing his religion that it was the best thing to do...he might have realized where and what the truth was. So he chose to come to ask forgiveness because people misled him before, gave him false information[detainee mentions Aho kurya at a certain point during his explanation.]88
88
The phrase Aho kurya, means instead of eating, (aho=instead; kurya=to eat) The concept being expressed here is that of choosing forgiveness instead of greed.
EXHIBIT D - PERSONAL VIEW ON THE GENOCIDE, THE GACACA AND RECONCILIATION Interview #2 Prison A: Excerpt NB: The majority of this interview was conducted in French, obviating the need for interpretation. Key: - Researchers questions are in italics - Interviewees responses are in regular type, except where bracketed comments appear But before the killings, dont you think there was a plan? You think it happened just like that? I want to say something. I was a child when it happened. In 1994, 2 weeks before it happened, it was Easter and I went to mass at St. Michel. After mass, I went home. At home, we were one person, Hutu, Tutsi, we lived together, ate together, all that, all that, all that. But the day, one day, that people, I dont know them, shot down the plane of the expresident, they say, since that minute, that second, everything changed. And you thought it all happened just like that? Moi, je ne sais pas! (laughing) (I dont know!)
My father locked me in the house, like we are [here] in prison, and they began to kill people.
Even Hutu were killedthe Tutsi, the Twa[were killed]
In your opinion, there was nothing else behind this? Why do people kill each other? For me, I was 17, I was a student in school. I was in school with Tutsis, and normal Hutus. (Jtais lcole avec des Tutsis, et des Hutu normaux.) But after this day, when they shot down the presidential plane, things in our country changed. Especially here in Kigali, it was something else. Everything changed. It surpassed our understanding. It was like a stroke of lightning. [Interpreter: It surpassed the understanding of adults, too. You would have had to do a lot of reading to understand how they planned things for such a long time in order to execute a plan on one precise day only. But for those who were in the country, it was like a stroke of lighting. NO one could explain what happened. But since he was young then, he didnt have the time to learn about things. I think he will learn when he is released]. Like me, I am not a Hutu, I am not a Tutsi, I am not a Twa. All the people before me are the same. They are Rwandans. Since youve been in prison since 1995, have you gained an understanding of how it happened? Has someone come to explain to you how it all happened? That I understand. But the radio and news that we listened to, when they were in negotiations in Arusha, talked about Bagosora preparing the apocalypse, and I guess now thats what it meant. [i.e. that the apocalypse meant the events of 1994] You are talking about Arusha in 1993?
Yes. Do you listen to the radio here? Yes. Do you listen to broadcasts on the history of Rwanda? Yes. I heard about preparations that happened, but I say what I see. Politics is for politicians. Me, I am a child prisoner. (laughing) So, I say what I see. Like someone from the street, I dont want to know. What I know is that I am Rwandan. I am a prisoner, innocent. As you say that you are Rwandan, without a particular ethnicity, what is reconciliation to you? ..in general. It can be a personal definition, you can start anywhere. Reconciliation? [starts to speak in Kinyarwanda, and interp. encourages him to speak French, indicating that it avoids misinterpretation]. All Rwandans died. Hutu, Twa and Tutsi. So reconciliation would have to come between Hutu, Tutsi and Twa. Okay, I understand, but could you elaborate a bit more? (he laughs) How can that be done between ethnicities? Between criminal and victim. The problem is that the Tutsi dont accept that there are Hutu survivors at all. For example, the people who are outside now, dont have any problems between themselves (between ethnicities). Outside prison but in the country itself? Yes. And inside the prisons? Even in the prisons there are no problems. The people who come to visit us tell us that outside there are no inter-ethnic problems between people. (nta kibazo mfite = no problem at all). Interpreter: Who is going to reconcile with whom then? So, it seems that if there are no problems there is no need for reconciliation? What about between the authorities and population? In my opinion, thats it! (Quant moi, cest comme a!) The problem is there? (Cest l le problme?) Yes. ********** 4.8 What must the GoR do to assist in the reconciliation process? The government should ensure the application of the Gacaca, that criminals acknowledge their crimes and that they ask for forgiveness, but [also] that those who are innocent be recognized as innocent. [Interpreter says she has the impression that interviewee insists on this idea of innocence being recognized]. Not just that criminals be recognized as criminals, but that the innocent be recognized as innocent. Practically speaking, on the recognition of innocenceone recognizes a survivor as a survivor because his criminal exists, and there is a fund to help the survivors. Those who
are innocent should also be recognized as innocent, and aided by a fund for the innocent who have been incriminated. They [the GoR] should recognize all survivors equally. There is a Hutu survivor here whose entire family was decimated by the RPF, and he who was a survivor himself was arrested with his hands tied behind his back, and now he is thrown in prison. He killed no one. But, when he is releasedwith the Gacaca he will be releasedhe should also be [considered] a survivor afterwards [after release], [a survivor] of the RPF killings. Who is going to take care of him? Who is going to recognize that he is a survivor? According to everything youve just mentioned, the GoR should do something to recognize the innocent, recognize Hutu survivors, for example (Yes), what should the Rwandan people do in addition to the Gacaca, in order to reconcile? Can the people be more powerful than the government in this regard? (Yes) Apart from the Gacaca, what can the people do to achieve reconciliation? Apart from the Gacaca? Yes. Im talking about thoughts, behavior, attitudesthis kind of thing. What do you think? [Interp. explains in Kinyarwanda]
The people (La population) must reconcile by forgiveness. If I were a criminal, and I were
released by the Gacaca, if I go home, the survivors should forgive me seriously, in order to
help the government. But if they dont forgive me, and on the contrary, try to kill me, they
are not helping the government.
They must make a contribution. Prisoners, criminals or not, accused or not, innocent or not,
who will be releasedthis group must be sensitized to forgiveness. To forgive those who
contributed to their imprisonment. Imprisonment, rightful or wrongful, but they must
forgive. If not, they could also seek revenge on the survivors. If this one forgives, he will
not seek vengeance. If the survivors on this side [gestures with hands] forgive this one, even
if they have killed members of their families, that helps the government in reconciliation. If
one group doesnt do it, it doesnt help the government in any case.
So, its by sensitization on forgiveness? (Donc cest par la sensibilisation du
pardon ?)
They must be sensitized to forgive each othermutually. ( se pardoner mutuellement).
What is sensitization? What should be said to them? What should they understand in order to
forgive? Who should sensitize them?
It should be done by the nyumbakumi (10-family units at cell level), by the conseiller de
district.
But how can you sensitize someone who is not ready to forgive, to forgive? What is
sensitization exactly?
If they accept the first sensitization, that would be better. But if they dont accept the first sensitization, by the force of authority, it should come from themselves. For those who refuse, they should make a forgiveness law for them to make them forgive (laughing)
Really? (Cest vrai?)

And if they refuse to forgive, then they will be put back in prison! (laughing)
Do you think thats really effective ? (Tu penses que cest vraiment efficace?) When they refuse, then they should be put back in prison. When someone refuses to forgive, he is going to kill someone. When he kills, he is going to be put back in prison. So its a filtering system that separates those who have really killed and really done harm from those who have not? Filtering system in the sense that it would separate those who have lost family, those who have lost years in prison, who are ready to live together by forgiveness, and those who do not accept it (living together by forgiveness). So, its like saying this one, he killed my family, I will never forgive him. I might not kill him, but can you imagine living next to someone who will not even say hello to you? Its a way of killing someone morally. Do you think that if someone is forced by the authorities to forgive, does that really mean that my words are genuine? Or am I hiding something? And if I am hiding something, is this true forgiveness? No. Its not true forgiveness. Do you think that [true forgiveness] can happen? [thoughtfully, solemnly] Yes, it can happen.
EXHIBIT E MINI FOCUS GROUP DISCUSSION, PRISON B Q3 2002, Prison B Gender 1) Male 2) Male 3) Male 4) Male 5) Male Age 26 26 22 24 25 S2 P7 P4 P2 P4 Education 18 18 14 16 17 Age in 1994
A very loose focus group discussion was conducted in Prison B with five minors accused of genocide who were arrested at various times, but all of whom were between 14 and 18 in 1994. The discussion was not tape recorded. (1) What will help Rwandans to reconcile? 1 The government should let prisoners hear the proceedings by radio. This will prove whether the Gacaca are actually taking place and if their application is done according to the law. 4 The government must insist on the integral application of the law. 3 There is fear of being accused by the rescaps (survivors) who werent there during the
genocide. These rescaps must be monitored in some way.
1 There will be corruption among the judges.
4 Gacaca is probably the only system that will help Rwandans reconcile. There is no
comparison.
1 There is an obstacle to the Gacaca, and that is corruption (ruswa).
(2) Where would there be more corruption, in the Gacaca or the regular court system (tribunal normal)? 4 The Gacaca.
5 The regular court system would be worse because there would be even more corruption.
2 agrees with 5s statement
1 Given that there are 19 people in the Gacaca Seat, it would be difficult to corrupt that
many people.
(3) Why is there corruption (ruswa) in the Gacaca or the court system?
1 Because people are mainly interested in getting rich. NB: All other participants echo his statement by nodding. No one wishes to add anything else. (4) What should the government do to encourage reconciliation? 1 It should hurry to give justice to innocent prisoners. Many prisoners are wrongfully convicted. It should follow the procedures. NB: Again, all participants echo #1s comment. (5) What can NGOs do to help minors in prison? 1- They should follow minors and help them to get lawyers, and help them with future problems in prison (when the Gacaca get started). 4 Minors who have no parents need help with clothes and food. NOTE: one of these minors has a dossier on which he was wrongly condemned to life. This minor said that this was a technical error because he did not receive a fair trial. We (my interpreter and I) brought attention to this matter to the prison director, who promised to look into the matter.
APPENDIX VI #1 Prison A -Charles89 Date of interview: Q3 2002
Male, age 25 / 17 in 1994 Education: Secondary 3; speaks some French; followed the conversation fairly well Accusation: genocide / Not confessed Legal representation? No Category? No. Religious affiliation: Catholic ______________________________________________________________________ Notes : See particularly 4.6, 4.7, 4.9, 5.4.1, He and his brother are both at Prison A, accused of genocide. Both parents are dead: his mother was Tutsi and was killed by the interahamwe along with his older brother. This young man is extremely thoughtful, and spoke a bit of French (mostly phrases) at different times during the interview. This was a particularly transparent interview because he could understand the majority of my questions without interpretation, although he generally responded in Kinyarwanda. He has hopes that minors will be given priority in the Gacaca, and characterizes this young generation of prisoners as a dead generation who, instead of being developed (form) socially and intellectually have been de-developed (dform) or by their years in prison [see 4.9, below]. Their aptitudes have been stunted. He cites the fact that prison terms for minors who have confessed have, per the Gacaca law, already expired.90 He noted that those who will participate in community service, even if they are to spend half of their prison sentence in community service or TIGs (travaux dintrt general), should be released. 1.7 Minors are not concerned by categorization. All minors live in one block, we are not categorized. During the Gacaca jurisdictions, this could be done. Do all minors who have confessed live in one block? Or are you mixed? Those who are innocent and those who have confessed live together. 2.1 My family is dead. I have only my younger brother who is here [in prison] with me.
Did you have any other brothers or sisters before the war genocide who are now dead? 2.2 My father died before the war. My mother died while fleeing the house on the road, she was going to leave the country. There were 6 of us in the family. An older
89
Detainee did not provide his real name, but named himself by the colors for his favorite football team (withheld). 90 The maximum prison sentence for minors who confessed before the cell-level lists were drawn, and who will come before the Gacaca, is 6 years. Minors are to receive one half of the sentence of an adult for the same crime under categories 2 and 3. The maximum sentence for an adult in C2 who has confessed before the listing is 7-12 years, and 1-3 years for C3. OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
brother, 2 sisters, 2 younger brothers, and myself. The 4 died. My father died before the war. My mother and older brother were killed by interahamwe. And the last time you saw your family? [On] the 6th of April 1994, I had gone to visit another family. This was the last time I saw my family. Your brother who is here with you is also accused of genocide? Yes. 3.1 Yes.
3.1.1 The war targeted people of the same ethnicity, and people of the other ethnicity, who were their friends or moderates91 and who did not understand the separation. 4.1 What is reconciliation to you? For me, reconciliation concerns the two principal ethnic groups in Rwanda, the Hutu and the Tutsi. In the village, the population gets along well, but above that, its the political leaders who are the source of the division, and it is they who should also be the source of reconciliation. 4.2 It is possible. As I mentioned, everything depends on the political leaders. If they put a lot of emphasis on reconciling the population, it is sure that the population will reconcile. Is it not up to the population itself to make efforts as well? [4.7] The population is easily manipulated. They follow the directives of the higher authorities. When one orients people well, they follow. When one orients them badly, they follow. 4.4 I heard of it when the council of ministers (conseil des ministres) began discussing it just before its implementation. But before the war, I never heard this term even at home in the country. 4.5 Gacaca will help to speed up the judgments, because the judgments will take place throughout the country in different sectors. Several cases will be judged at the same time, maybe on the same day and the same week. [interviewee confirms ah oui.] 4.6 On one hand, I think it will help, but on the other hand I think there will be problems. There will be problems for prisoners who are now in prison, but the families of survivors have also taken revenge on the families of prisoners and killed some members of prisoners families.
91
The interpreter clarifies that the word used by the detainee in Kinyarwanda literally means 'supporters.' The interpreter substituted this term with the more readily understandable term moderates in English, which commonly describes Hutu who supported the RPF and/or did not support the genocide, and who were thus targeted by Interahamwe and other extremist groups. OJPCR: The Online Journal of Peace and Conflict Resolution 6.1 Fall: 1-66 (2004) ISSN: 1522-211X | www.trinstitute.org/ojpcr/6_1morrill1.pdf
For example, there is a case that has been discussed here where a survivor had taken revenge and killed a member of a prisoners family. This survivor is now in prison, too, but he wont come before the Gacaca [because of the dates covered by the Gacaca law]. The man who killed by revenge [after the genocide] will not be involved in the Gacaca, but the one who was already in prison for destroying [during the genocide] the family of the man who killed by revenge will come before the Gacaca. If the genocide prisoner feels hurt by the survivors killing, he must take the case to the regular court.92 The prisoners want both of them to come before the Gacaca so that they can be heard [by the population] and reconcile. If the one really recognizes that he killed in the family of the survivor [during the genocide], he must confess and ask for forgiveness from the survivor (who is now in prison) in order to be released and benefit from the sentence reduction. But the one who destroyed the prisoners family in the meantime, by revenge, is not going to come before the Gacaca. But the survivor should still confess that he killed and ask forgiveness of the prisoner in whose family he killed by revenge. They should both ask forgiveness. Prisoners think this is a problem. When one person confesses and asks for forgiveness, the other should do the same if hes committed a crime as well. Especially when he knows very well what he did. Since you lost family, too, do you plan to participate in the Gacaca? Because I do not know who killed my mother or my brother, I cannot participate in the Gacaca that way. My mother was killed at a barrier, but I dont know who was at this barrier. But I think that people will declare the names of the people killed her in the Gacaca. If you learn in the Gacaca who killed your mother, what do you think your reaction will be? I dont see any other reaction other than acceptance. It will just be for me to know. Unless there is something I can do to resuscitate her (laughs). Would you mind if I ask the ethnicity of your mother? No problem (nta kibazo). She was Tutsi. 4.7 For me, the Gacaca is really the ultimate solutionthe bestif it functions they way theyve explained it to us. If it really functions as it is supposed to, according to the information theyve given us about the objectives of the Gacaca. As long as they dont bend the rules (quon naille pas, quon ne tape pas cot [interpreters words])). You have cited problems like this. Are there things that could improve the process? There should also be some small reforms, some additions. They should make room for cases that are not anticipated or included in the Gacaca, like cases involving revenge killings. The
92
This is not a direct quotation, as this story was told using many gestures (e.g. pointing to indicate this one or that one), to indicate the difference between the two men (survivor and gnocidaire). I have created sentences that are understandable in order to get the story across.
Gacaca should be implemented as it is now, but there should also be a Gacaca that integrates these reforms. But you cant reform a process that has not yet begun (laughs). 4.8 The government must follow the process closely.
4.9 Youth who have been developed (form) in prison have, instead of being developed have been de-developed (dform).93 Our generation of young prisoners, is like a dead generation. (Could you explain more about this deformation?). Given the conditions we live in here, we no longer have time to think about our future, to plan. Instead, we plan for our survival: Am I going to eat something today, am I going to eat something tomorrow? We only think about our immediate situation as prisoners. Instead of planning for our studies, like me, who was at school, for the moment its over. I have to put a stop to my ideas and think about the prison conditions. Now I am 25 years old. I should be thinking about my personal futureabout getting married or preparing a future, but I dont have time to think about that, only about the conditions I live in now. We are a category of inactive people, while we are a generation and of an age that should be contributing to the rehabilitation of the country. Now we are rotting in prison. Given that, what would be justice for you? 5.1 That the innocent be released and the criminals be sentenced. As you said, yours is a dead generation. What would give you hope to rebuild and begin your life again? For me who has lost all my family, I see no other way to rebuild my life without the support of someone or some people who could help me start again. I think I am completely at zero. And because I have neither my father nor my mother who can encourage methere is no one to bring me anything to eat [to the prison]who else but a benefactor could take me in and help me rebuild? Do you think that it would be possible for a government or NGO program, like the povertyreduction strategies or the NHRC94, to help you restart your life? [responds immediately and in a strong voice] To get into the government programs, you need an intermediary who introduces you [into the program]for example, with orphans, there must be an intermediary between me and the program. 5.3 (Smiles). I am going to tell the entire truth! (laughs.) The tribunals work slowly. They are very slow. It is difficult to win if you dont pay something. [Interviewee confirms, in French, after interpreter finishes: sans donner quelque chose (without giving something).]
93
Interpreter used the French verb former, which means to educate and develop, both socially and
intellectually.
94 National Human Rights Commission (in Rwanda)
5.4
The Inkiko-Gacaca!
5.4.1 I really saw nothing. I was visiting a Tutsi family when the genocide started. With this family, I went into hiding. I was so traumatized that I couldnt see anything. Even when a soldier rescued me and protected me until Gisenyi, I was still so traumatized that I couldnt follow or observe anything on the way there. When the genocide reached Gisenyi, I had already reached Goma. What happened to the family you were with when the genocide started? They were displaced in a camp with other Tutsis, and when the shooting started, two of them were killed. The rest are still alive. How did you hear that the others were still alive? The family were friends of my fathers family. After the genocide, they came back, and the woman in the family, who was Tutsi, thought that everyone in my family had been killed. She came to where we lived to claim our belongings, and found me and my brother there. In order to take our things, she accused us of genocide. Then we were in prison, but the people in our village refused to let her take our things. Finally this woman came to find us in prison to ask our forgiveness. Thats interesting that she came to ask your forgiveness She was disappointed that she could not recover our possessions, so she felt obligated to come ask for forgiveness. But because we were still full of anger (sous la tension de la colre [interpreters words]) at her for putting us in prison, we didnt want to and she went back to her regular life. At the time, I didnt forgive her, but now I put her in my prayers and I have forgiven her that way. Thats good that your neighbors in your cell stood up for you! So are you confident that someone from your cell will testify to your innocence in the Gacaca? Yes. [Interpreter: There have really been cases of true innocence. In recent years, there have been people released when the accuser came forward and dropped charges.] The woman came to ask me for forgiveness, not to the parquet. And even if she goes to the parquet directly to clear me of my responsibility in the genocide, one must sometimes make loans and if necessary, pay something in order to get someone released. But it must be done by the person who testifies to your innocence. She must pay to get you released? Interviewee says, in French: Corruption. Cest la mme chose. La verit ne suffit pas au parquet. (Corruption. Its the same thing. The truth does not suffice in court.) In your opinion, does ethnicity play a role in the problems at the parquet? It doesnt matter what your ethnicity is as long as you have money! (laughs) You have to give something as a token of encouragement.
5.5 For minors who testify, there is no problem, they dont need special protection. We live together in harmony, whether its someone who has testified or confessed. We are instead a little afraid of some adults when they confess and reveal what they have done, as theyve done many, many more things [committed more crimes]. But we give each other what support we can here between us. So youth have a certain solidarity here, protecting and supporting each other? We have solidarity in our misery, being prisoners. [By virtue of] the fact that we are prisoners, we all feel the same here. If Rwandans outside the prison lived in solidarity like we do in here in prison, Rwanda would be a paradise. You talked about living in harmony before. Do you have any idea of what percentages between the ethnicities are detained here? There are no problems between ethnicities. There are Hutu, Tutsi and even Batwa who are here. They live together without any problem. (Sans problme, he confirms.) There are very few cases of gnocidaires who are Tutsi. (Peu, peu, peu.) But that doesnt matter to the prisoners, whatever you are, gnocidaire or not, they are in solidarity. [There are minors who are Tutsi, common law criminals, who live in the same bloc with those accused of genocide.] 6.2 Any problems, threats? Only when I was at the brigade, where I was beaten during interrogation. Since Ive been in prison, I have never been threatened, or had any problems. Who was it that beat you at the brigade? It was the person who interrogated me, the IPG [police inspector]. Have you completely recovered from the beatings? Yes. It wasnt very serious. 7.5.1 When I am released, I will do everything in order to not come back to prison again. Life in prison is really terrible. Sometimes we dont eat, its hard to find clothes, unless you find a benefactor who gives you money, discreetly, of course. Ive learned how to save money, when I was still with my family, which was well off, I had enough money for school fees, etc. 7.5.2 Ive learned that in life, you must harm no one, because you might find yourself in a situation where the person that you least expected might be the one who can save you from difficulties. And the opposite can happen also, the person whom you thought you could count on wont help you at all. So as soon as I get out, I will conduct myself so as to do only good deeds. 8. proverb: kuri guca mu ziko, ntigushye. (The truth passes through the fire, but does not burn.) Yes, I know it. (smiles). There will be cases where certain people know that there will be consequences if they tell all the truth. They will tell the truth, but not the complete truth. [interpreter laughs while translating, and adds it is not Rwandan to tell all the truth. You must keep something for yourself! Interviewee echoes in French, laughing faut garder quelque chose!]
7.5.3 They must avoid everything that can lead them to prison. Youth must build a character (personalit) of their own, so that they do not allow themselves to be influenced by others ideas. If adults say do that when they know already that there will be consequences, youth must keep their character intact and dare to say no. They must avoid the influence of groups, spirit of bad groups. You said earlier that people are easily manipulated. What can youth do to avoid these kinds of influences in the future? Group life is not all bad, because youth must come together, associate with one another, etc. But youth must analyze the spirit of a group. If their goals are bad, they should not adhere to them. If not, they will risk prison. 9.2 Getting out of prison. [interpreter explains in more detail, giving examples such as money,.]. The first thing for me is to give peace and to have it. Then I would like to finish my studies. After my studies, I would like to live by my own means. 9.3 Youth can create anti-divisionist clubs in schools, the same way they create antiAIDS clubs. They should build and live their present, without thinking about the past violence organized by their ancestors, grandparents. They should live their present as Rwandan students, and be united by the fact that they are students and not divided by the ethnic factor. (Who is going to organize them so that they live like this?) They will, provided that the authorities do not interfereexcept to support them?...except to support them. I hope you will be president of a club like this one day. (he smiles)
BIBLIOGRAPHY Borer, Tristan Anne. Developing Social Capital: Youth/next generations in peace-building. (Working document, the Kroc Institute: project on youth violence), July 2001. Chapman, John. Compensatory Justice. Nomos 33. New York University Press, 1991. Cohn, Ilene. The Protection of Children and the Quest for Truth and Justice in Sierra Leone. Columbia University Journal of International Affairs (Fall 2001). Degni-Sgui, Rn. Report on the Situation of Human Rights in Rwanda, U.N. document E/CN.4/1997/61. United Nations High Commissioner for Human Rights, 20 January 1997. 7 February 2003 http://www.reliefweb.int/w/rwb.nsf/f303799b16d2074285256830007fb33f/a14b03ae48912fc 4c12564560036a147?OpenDocument Fletcher, George P. Punishment and Compensation. Creighton Law Review, Vol. 14, No. 3 (1981). Foucault, Michel. Discipline and Punish: The Birth of the Prison. Vintage Books, May 1995. (translation, Alan Sheridan, 1977. original 1975) Gasibirege, Simon and Babalola, Stella. Perceptions about the Gacaca Law in Rwanda: Evidence from a Multi-Method Study. Special Publication No. 19, Baltimore, Johns Hopkins University School of Public Health, Center for Communication Programs. April 2001. Hawkins, Vanessa. Transitional Justice in Rwanda: The Gacaca Jurisdictions. Columbia University, School of International and Public Affairs, 2002. Unpublished paper: copy on file with author. Human Rights Watch. Leave None to Tell the Story: Genocide in Rwanda. New York. March 1999. Imbleau, Martin and William A. Schabas. Introduction au droit rwandais. Qubec: Les Editions Yvon Blais Inc., 1999. International Crisis Group. International Criminal Tribunal for Rwanda: Justice Delayed. 7 June 2001. 1 November 2002 <http://www.intl-crisis-group.org> International Crisis Group. Consensual Democracy in Post-Genocide Rwanda: Evaluating the March 2001 District Elections. 9 October 2001. 1 November 2002 <http://www.intl-crisisgroup.org> Karekezi, Alice. Juridictions Gacaca: Lutte contre limpunit et promotion de la Rconciliation Nationale. Published by the Centre for Conflict Management in Cahier No. 3: Les juridictions gacaca et les processus de rconciliation nationale. Kigali, May 2001.
Loi Organique N 8/96 du 30/8/1996 sur lorganisation des poursuites des infractions constitutives du crime de gnocide ou de crimes contre lhumanit commises partir du 1er octobre 1990. Loi Organique N 40/2000 du 26/01/2001 portant cration des Juridictions Gacaca et organisation des poursuites des infractions constitutives du crime de gnocide ou de crimes contre lhumanit commises entre le 1er octobre 1990 et le 31 dcembre 1994. Loi Organique N 33/2001 du 22/06/2001 modifiant et compltant la Loi Organique N 40/2000 du 26 janvier 2001 portant cration des Juridictions Gacaca et organisation des poursuites des infractions constitutives du crime de gnocide ou de crimes contre lhumanit commises entre le 1er octobre 1990 et le 31 dcembre 1994. Machel, Graa. The Impact of Armed Conflict on Children, Report of the Expert of the Secretary General, Ms. Graca Machel. UN Doc. A/51/306 (1996), New York. McEvoy-Levy, Siobhan. Youth as Social and Political Agents: Issues in Post-Settlement PeaceBuilding. Kroc Institute Occasional Paper, #21-OP-2, Notre Dame University, December 2001. 30 November 2002 http://www.nd.edu/~krocinst/ocpapers/op_21_2.PDF Minow, Martha. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston: Beacon Press, 1998. National Unity and Reconciliation Commission. Gacaca and Reconciliation Opinion Survey (draft). Summer, 2002. Penal Reform International, Kigali. Responding to the Particular Needs of Vulnerable Prisoners. Discussion Paper: Rehabilitation, Trauma and Young Prisoners. April 2002. Penal Reform International, Kigali. Interim Report on Gacaca Jurisdictions and its Preparations, July-December 2001. Reis, Chen. Trying the Future, Avenging the Past: The Implications of Prosecuting Children for Participation in Internal Armed Conflict. Columbia Human Rights Law Review, Vol. 29, No. 629 (Spring 1997). Schabas, William. Justice, Democracy and Impunity in Post-Genocide Rwanda: Searching for Solutions to Impossible Problems. Rutgers University School of Law Criminal Law Forum, Vol. 7 (1996), at 523. UNICEF/UNAMSIL-Human Rights. Children and the Truth and Reconciliation Commission for Sierra Leone: Recommendations for policies and procedures for addressing and involving children in the TRC. Report based on technical meeting on children and the TRC, 4-6 June, 2001, Leister Peak, Freetown, Sierra Leone.
United Nations Office of the Special Representative on Children in Armed Conflict. Web report from Rwanda Country Visit, February 21-24, 1999. 16 November 2002 http://www.un.org/children/conflict/ United Nations Commission on Human Rights. The Right to Restitution, Compensation and Rehabilitation for Victims of Grave Abuses of Human Rights and Fundamental Freedoms, Note by the Secretariat, E/CN.4/2001/61. Document referring to the Basic Principles and Guidelines to a Remedy and Reparation of Violations of International Human Rights and Humanitarian Law, E/CN.4/2000/62. 30 November 2002 http://www.hri.ca/fortherecord1999/documentation/commission/e-cn4-1999-65.htm#II Van Boven, Theo. Study Concerning the Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms. Final Report by Mr. Theo van Boven. Geneva: 1993. ECOSOC, Commission on Human Rights, Subcommission on Prevention of Discrimination and Protection of Minorities. UN Doc. E/CN.4/Sub.2/1993/8. Winnipeg Agenda for War-Affected Children (2000). Zartman, I. William and Rasmussen, J. Lewis, eds. 1997. Peacemaking in International Conflict: methods and techniques. Washington, D.C.: USIP. 5 October 2002 http://www.waraffectedchildren.gc.ca/Final_Agenda-e.asp 2001, Leister Peak, Freetown, Sierra Leone.

Reconciliation and The Gacaca: The Perceptions and Peace-Building Potential of Rwandan Youth Detainees A Report by Constance F. Morrill

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Reconciliation and the Gacaca

Reconciliation and the Gacaca:

Reconciliation and the Gacaca 1

Reconciliation and the Gacaca 2

Reconciliation and the Gacaca 3

THE ORIGINS OF THE INKIKO-GACACA

THE TRADITIONAL GACACA4

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Reconciliation and the Gacaca 5

MINIJUST MINITER PRI RPF RPA TRC UNAMSIL UNICEF

Reconciliation and the Gacaca 6

FAMILY SITUATION ........................................................................................................... 17

PRELIMINARY CONCLUSIONS ................................................................... 27

FURTHER EVIDENCE OF THE IMPACT OF ADULT MANIPULATION ................................. 30

V. REHABILITATION AS A FORM OF COMPENSATION FOR RELEASED MINORS ................. 31

THE REHABILITATIVE POTENTIAL OF YOUTH PARTICIPATION IN ESTABLISHING A HISTORICAL RECORD ...................................................................................................... 33

Reconciliation and the Gacaca 7

Available at: http://www.nd.edu/~krocinst/ocpapers/op_21_2.PDF

Reconciliation and the Gacaca 8

Reconciliation and the Gacaca 9

Constance F. Morrill July 2004

Sources: http://allafrica.com/stories/200407220648.html "Over 200 Judges Take Oath in Rwanda"

Reconciliation and the Gacaca 10

Reconciliation and the Gacaca 11

AGE OF CRIMINAL RESPONSIBILITY AND SENTENCING

Reconciliation and the Gacaca 12

Reconciliation and the Gacaca 13

Reconciliation and the Gacaca 14

TRC Report, Vol. 4, Ch.9, par. 10

Reconciliation and the Gacaca 15

Reconciliation and the Gacaca 16

Reconciliation and the Gacaca 17

SUMMARY OF DETAINEE INTERVIEWS BY DOMINANT THEME

Reconciliation and the Gacaca 18

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See Data Chart in Appendix II for remarks.

Reconciliation and the Gacaca 20

Reconciliation and the Gacaca 21

Reconciliation and the Gacaca 22

Reconciliation and the Gacaca 23

Reconciliation and the Gacaca 24

See Data Chart in Appendix I for remarks.

Reconciliation and the Gacaca 25

Reconciliation and the Gacaca 26

#14, male, 2345, P2 Are you waiting for the Gacaca?

See Data Chart in Appendix I for remarks.

Reconciliation and the Gacaca 27

Gacaca Law, preamble.

Reconciliation and the Gacaca 28

ADMINISTRATION OF JUVENILE JUSTICE IN THE GACACA AND THE IMPACT OF

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Cf. CRC, Article 40.1.

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