Imagine there was no Gacaca

We have all heard the good side of Gacaca.  We have also read what critics have to say about it. We also know that for generations to come, Gacaca will be a topic of interest and a basis for different hypotheses for researchers. 

Thursday, June 21, 2012
Arthur Asiimwe

We have all heard the good side of Gacaca.  We have also read what critics have to say about it. We also know that for generations to come, Gacaca will be a topic of interest and a basis for different hypotheses for researchers.  What we have probably not seen or read is what Rwanda would be today had this country not embraced this ancient, non conventional traditional mechanism of solving disputes.Let’s start with the figures. Gacaca has tried close to 2 million suspects accused of participating in the 1994 Genocide against the Tutsi. Legal experts argue that had Rwanda used the conventional courts, it would have taken close to 100 years to finish try all the cases.If we considered that on average the life expectancy for a Rwandan is 56 years today, it means more than 90 percent of the suspects would have died before standing trial. Similarly, almost all survivors would be dead without taking on the witness stand.The vast number of these genocidaires would be free, roaming our streets and pre-occupied with their unfinished business--- eliminating anyone seen to be a possible witness. Therefore, more and more survivors would be killed.The proceedings of the conventional courts would be slower because getting evidence would be a tag of war. The ICTR would also be crippled since this court relied heavily on evidence presented in gacaca to prosecute cases.Tracking Genocide fugitives that enjoy the comfort of western capitals would also not have been as successful as we see today because a lot of evidence used for their indictments came through Gacaca.In other words, because Gacaca was based on the truth and confession, this piece of information was instrumental in unearthing some hidden facts behind the scale of the slaughter.If Gacaca had never existed, we probably would have never seen the kind of progress in Rwanda today. Instead of spending on schools, hospitals, roads and other basic infrastructure, the money would end up building more prisons, feeding the prisoners and paying more judges to expedite trials.Gacaca is the mother of all home grown solutions we pride in today.  Its successful roll-out inspired and motivated the adoption of more innovations drawn from our culture and blended with modern realities to address some pressing issues.  Therefore, Gacaca gave birth to the thinking behind initiatives such as abunzi, ubudehe,imihigo  girinka,—all important schemes that are dramatically changing lives.  There’s no doubt that without Gacaca, the reconciliation path would be a bumpy one. Rwanda would still be trapped in a web of conflict, hatred, mistrust and revenge killings and the reconciliation barometers we pride in today would be mere fiction.The reforms within the judiciary might have been shelved as the sector would be swallowed up with genocide cases and have no time to engage in reforms.A section of the population would be very unproductive, with one group trapped in misery and agony while another pre-occupied with hiding the truth to escape long prison sentences. This would have a trickle-down effect to the performance of the economy.Government would have no moral authority of prosecuting corrupt officials yet the fellows accused of more heinous crimes remain free.  I imagine the debate in our corridors, bedrooms and bars would be a comparison of the gravity between stealing and killingThe virtues associated with ‘ubunyangamugayo’ or people of integrity espoused more during Gacaca would only remain in our diction and never resonating across the country to inspire acts of patriotism.The ‘agaciro’ we all pride in today and one that has become Rwanda’s new brand would be valueless since dignity is built on a foundation of ‘hope for future’ and absence of reconciliation and justice is a fertile ground for hopelessness.Therefore, much as Gacaca served its objective of dispensing justice and eliminating the culture of impunity, its contribution transcends the entire geo-political spectrum.It has proved that where leadership is focused and determined, then nothing is impossible. The successful conclusion of Gacaca renews a sense of hope, purpose and pride in the numerous ‘made in Rwanda’ initiatives.Its success re-energizes every Rwandan and inspires many to strive harder and steer this nation to the club of middle income nations.And yes, just as Japanese prides in a Toyota and a German in a Mercedes, a Rwandan should pride in Gacaca as truly ‘Made in Rwanda.’    Twitter: @aasiimwe