IMPLICATIONS OF THE FINDINGS OF THIS BOOK
I conclude by outlining two main categories of the implications of my findings. First, the use of community-based transitional procÂesses - especially those that derive from traditional conflict resolution mechanisms - is becoming increasingly widespread in societies recovÂering from mass atrocity.
The experience of gacaca therefore provides important lessons for the formulation, practice and study of localised transitional justice elsewhere. A central debate regarding responses to the northern Ugandan conflict - and a principal point of contention between the Ugandan government and the Lord's Resistance Army (LRA) during the Juba peace negotiations between 2006 and 2008 - concerns the possible use of community-based rituals to reintegrate former LRA combatants and to reconcile them with their victims and affected communities. The LRA delegation to the Juba talks, along with various northern Ugandan civil-society leaders, advocated the use of local practices to address crimes committed during the conflict. These parties argued that local (especially Acholi) rituals constituted a vital alternative to prosecutions of atrocity perpetrators by the ICC, which they characterised as a neo-colonialist imposition by external actors and a form of punitive justice that would deter the LRA from further negotiations and ultimately jeopardise peace.[772] As mentioned in Chapter 2, gacaca has become an explicit touchstone for discussions of localised transitional justice in Uganda, with Ugandan officials reguÂlarly citing the virtues of gacaca in their advocacy of community-based rituals. As with gacaca, AI, HRW and other legal observers criticised the proposed use of the rituals on the grounds of a lack of due process and a preference for more formal modes of justice, particularly through the ICC.Other countries in Africa and beyond have enacted or considered similar localised responses to mass atrocity.
Between 1999 and 2004, the Barza Inter-Communautaire - a community-level conflict-resolution mechanism in the eastern DRC - assembled the cultural leaders of the nine major ethnic groups in North Kivu to mediate ethnic-based disÂputes. Over those five years, the Barza ensured there was no major outÂbreak of violence in its sphere of influence.[773] In Sudan, provincial leaders have discussed the potential modernisation of â€?idara ahlia' or native administration tribunals in Darfur to deal with disputes stemming from the current conflict in the region.[774] Meanwhile, in Timor-Leste, local vilÂlage elders and other community leaders have conducted hearings to address mass violence in the country since 1999, including overseeing compensation ceremonies. Echoing aspects of the gacaca experience, community-based practices in Timor-Leste have over time attracted involvement by national and international elites, who have attempted to shape local hearings towards ends substantially different from those intended by the local population.[775]The experience of gacaca is useful for foreign contexts such as these in several respects. Community-based processes in Uganda, the DRC, Sudan and Timor-Leste display many of the same features as gacaca, including the transformation of traditional practices, the involvement of state and provincial leaders, opposition from international human-rights observers and similar tensions between pragmatic considerations - not least dealing with thousands of criminal cases and thousands of victims in the context of judicial breakdown - and more profound conÂcerns, including the pursuit of peace, healing and reconciliation. The gacaca experience highlights that major innovation, including melding customary and modern law, can yield substantial benefits for the populaÂtion, provided those who create and oversee such processes can navigate inevitable tensions between issues of elite control and popular ownership, and between punitive and reconciliatory objects.
Gacaca may therefore inspire further innovation in transitional societies, although the chalÂlenges of gacaca's hybridity must also be recognised in this regard.For the creators and observers of such localised practices, the methÂodology adopted in this book may prove useful in coming to terms with the internal hybridity of such mechanisms and establishing approÂpriate conceptual frameworks in which to assess their effectiveness. Rwanda will not be the last transitional society to reform traditional, community-based processes in order to address mass atrocity. Rwanda's experience of gacaca may therefore prove educative for other societies that adopt such an approach.
Finally, the gacaca experience bears considerable implications for the Rwandan population. As highlighted in this book, gacaca has had mixed success in pursuing most of its objectives. Some communities are already reaping the benefits of gacaca, following constructive engagement between parties during hearings that have allowed all social groups to discuss their experiences of the genocide and fruitful interactions beyond gacaca. In such places, profound results including healing, forgiveness and reconciliation are certainly possible. Elsewhere, however, gacaca has had either minimal impact, because of piecemeal community participaÂtion during hearings, or has aggravated people's circumstances through a lack of justice, inadequate degrees of truth and increased trauma. These experiences pose serious challenges for the individuals and communities concerned and, more broadly, for justice and the rule of law in Rwanda, as it is likely that gacaca will remain in some form to address everyday community infractions in the future. The reverberations from gacaca will therefore be felt for many years to come.
Gacaca constitutes the heart of Rwanda's attempts at personal and communal reconstruction after the genocide and one of the most revoÂlutionary transitional justice approaches pursued anywhere in the world. It also represents an immense risk, handing the reins of reconstruction to a heavily traumatised, divided society. Nonetheless, it is a risk Rwanda had to take, given the enormity of the genocide and its societal impact, as well as the severe constraints on the nation's resources. Gacaca's sucÂcess in facilitating pragmatic and profound outcomes in many commuÂnities must be lauded, but we must also recognise its major limitations and the problems it has produced. The same innovation and endurance displayed by Rwandans who created, guided and participated in gacaca, often in the face of substantial international criticism, will be needed to navigate a highly uncertain future.