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Population’s perspectives on popular participation in gacaca

The government’s sustained discourse about the community’s partici­pation in gacaca has significantly influenced popular interpretations of gacaca’s modus operandi. The popular perspective, among suspects, sur­vivors and the wider population, echoes the official view of this theme, though without much of its nationalistic ideology.

In particular, many Rwandans focus on the importance of engaging in dialogue during gacaca hearings and on the need for all members of the community to publicly discuss their experiences and concerns. As Alice, a gacaca judge in Buhoma district of Ruhengeri province, claims,

Gacaca is important because it brings everyone together, to talk together.

When we come together, we find unity... Sometimes there is even too much talking and I have to slow the people down. The women especially talk too much because they are used to talking much more than the men.[320]

Many everyday Rwandans believe that greater �unity’ is likely to result from this dialogue at gacaca, though they tend to describe this on a local rather than national level. Many Rwandans argue that parties at gacaca will carry this dialogue and the peaceful methods of conflict resolution embodied in the hearings into their everyday lives, leading to a greater sense of cohesion in previously fragmented communities. Many survivors view gacaca in a similar way to one man in Kigali Ville who described gacaca as a place where �we all sit and talk like family’.[321] Valence, a forty- four-year-old genocide survivor in Bugesera, said, �We use gacaca today in the way we always used it - to gather people to solve problems. The problem is the genocide and everything that happened here, not just in 1994 but even in earlier years, when there were many killings... We talk at gacaca because we have to rebuild the family that has been broken apart.’[322]

This view of rebuilding a sense of �family’ in the community echoes the official argument that one likely outcome of gacaca will be the redis­covery of a lost sense of Rwandan unity.

Like the traditional practice of gacaca and drawing largely on a notion of individual personhood as inex­tricably linked to communal identities, this perspective holds that the local population - essentially the �family’ to which individual commu­nity members belong - owns and runs gacaca in order to solve problems that arise within the family. Gacaca is thus interpreted as the search for internal solutions to internal problems. Recalling Alphonse’s comments during the gacaca journey in the previous chapter, one of his frustra­tions with perceived Ibuka interference during gacaca hearings was that beforehand �we were talking like family’ and Ibuka’s involvement sty­mied the community’s interactions.

Various government and academic surveys in the early years of gacaca indicated widespread enthusiasm within the Rwandan population for active participation in hearings.[323] An important feature of several gacaca hearings observed by ASF is the extent to which some communities have instituted ad-hoc procedures to punish local people who fail to attend gacaca hearings. In one cell in Kigali Ville, gacaca judges maintained a list of habitual absentees. In a cell in Kigali Ngali, the general assembly discussed whether it should impose fines on those who arrived late to hearings or failed to attend altogether.[324] PRI reports that some commu­nities have discussed sanctioning the owners of bars and other businesses that open while gacaca hearings are underway.[325] While underlining the extent to which many members of the community do not attend gacaca, thus necessitating these punitive measures in the first place, such actions also display many Rwandans' view that the entire community should attend, and participate in, gacaca. In turn, these practices constitute one example of how local communities shape gacaca in ways that depart from the legal statutes and guiding principles outlined in the Gacaca Law or Gacaca Manual, which make no mention of punishment for absentees.

Meanwhile, a large section of the population expresses a degree of scepticism or fear of the level of interaction between antagonistic parties that gacaca entails. Marie-Claire, a survivor in Kigali Ngali whose hus­band and five children were killed during the genocide, said that she was fearful of meeting those who killed her loved ones. Therefore, she said, �I won't go to gacaca unless I am forced to go.'[326] Several other survivors whom I interviewed expressed a similar reluctance to attend or partici­pate in gacaca, either because they did not believe that it would benefit them in any way or because they feared publicly facing perpetrators.[327] Some family members of detainees said they did not expect to participate in gacaca hearings. �It is hard for farmers to work and also go to gacaca', said Raoul, whose two brothers and two sisters were accused of commit­ting genocide crimes. �We are very poor and gacaca takes many hours.'[328] Jerome, a sixty-three-year-old man in Kigali Ville whose three accused brothers were not among the released detainees, said, �I am too old for gacaca. There is too much talking there. We should send the women to gacaca... They will come back and tell us what is said.'[329]

In contrast, some sources describe popular involvement at gacaca that are even more forceful than the government’s own enthusiastic discourse. Whereas the official perspective tends to trumpet the personal and com­munal advantages of people’s participation in gacaca, many Rwandans describe their involvement as fulfilling a duty to the government. This perspective manifests in practices such as some communities’ sanction of absentees from gacaca but, more directly, in some individuals’ descrip­tions of gacaca �as doing the government’s work’.[330] Many detainees in particular describe gacaca as �helping the government solve the prob­lems of the country’.[331] Here they do not articulate the personal or com­munal advantages of gacaca but rather their service to the state.

Firmin, a detainee in the ingando in Gashora, admitted that he had confessed to committing genocide crimes because this was a way of �helping the government fix the country’s problems’.[332] Sylvain, a detainee recently released from the ingando in Gisenyi but whose two sons were still in prison, said, �The government says we must go to gacaca, so we will go.’[333] It is realistic to expect that many people who express this version of par­ticipation as a duty do so not out of a genuine sense of loyalty to the gov­ernment but rather out of fear that they may be branded as �divisive’ if they are not seen to support, or to participate fully in, gacaca. It is likely that many detainees who discuss participation in gacaca as a duty also do so in order to curry favour with government officials either in jail or in ingando to help facilitate their early release.

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Source: Clark Phil. The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda: Justice without Lawyers. Cambridge University Press,2010. — 400 p.. 2010

More on the topic Population’s perspectives on popular participation in gacaca:

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  2. POPULAR ETHOS OF GACACA
  3. INTRODUCTION
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  5. ANALYSES OF GACACA TO DATE AND OVERLOOKED ISSUES