Establishing collective norms: Potentials for participatory justice in Rwanda.

Abstract

In June 2002, the Republic of Rwanda embarked on an extraordinary experiment in transitional justice, inaugurating the pilot phase of a new participatory justice system called Inkiko-Gacaca. This article-the result of 8 weeks of research involving interviews with government and nongovernmental organization officials, local judges, and prisoners, and extensive observations of the Inkiko-Gacaca process in several different rural communities-explores the system's potential for healing inter-group conflict through a collaborative process of establishing common social and moral norms. The historical and theoretical background of Inkiko-Gacaca is followed by an in-depth case study of 3 communities. Relating intergroup contact theory to the actual experiences of Rwandans participating in this transitional justice system, we emphasize the need to revise the theory's often-implied assumption of homogeneity in participant perspectives. This analysis illustrates 4 very different levels of trust at which Rwandans participate in the Inkiko-Gacaca system, and the dangers, as well as the positive potential, that this wide distribution of perceptions implies. Ultimately, the research indicates some specific ways in which Inkiko-Gacaca could address the concerns of its most disillusioned participants, to help ensure that its contribution to the process of social reconstruction in Rwanda is a positive one.

Reconciliation after Genocide, Mass Killing, or Intractable Conflict: Understanding the Roots of Violence, Psychological Recovery, and Steps toward a General Theory

“…Judges were elected, 250,000, to serve in groups of 19 (their number was later reduced), in 9–10,000 locations around the country. It was hoped that these courts would further establish the truth, create justice, and that participation by everyone, which is required by the “gacaca law,” will bring people together as they work for the shared goal of a just and peaceful society (Honeyman et al., 2004).…”

From model to practice: Researching and representing Rwanda’s ‘modernized’ gacaca courts

“…Penal Reform International focused mainly on the social dimension of the gacaca practice, Lawyers without Borders (Avocats sans Frontie`res -ASF) adopted a purely legal perspective. 15 Ingelaere Academic studies that actually do focus on the gacaca practice and provide an indepth insight in the gacaca practice are increasing, but remain limited as of 2012when the official end of the operational phase of the gacaca process (Hirondelle News Agency, 2011) will be proclaimed (Broune´us, 2008(Broune´us, , 2010Buckley-Zistel, 2005;Burnet, 2008;Clark, 2007Clark, , 2008Clark, , 2010Doughty, 2011;Honeyman et al, 2004;Honeyman and Meierhenrich, 2002;Ingelaere, 2007Ingelaere, , 2008Ingelaere, , 2009aIngelaere, , 2009bIngelaere, , 2009cIngelaere, , 2011Karekezi et al, 2004;Megwalu and Loizides, 2010;Molenaar, 2005;Rettig, 2008Rettig, , 2011Rime´et al, 2011;Takeuchi, 2011;Thomson, 2011b;Thomson and Nagy, 2010;Van Billoen, 2008;Waldorf, 2006Waldorf, , 2010. In addition, the Rwandan government as well as NGOs have undertaken impact studies to understand the actual gacaca practice (African Rights, 2008;Republic of Rwanda, 2007.…”

Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis

“…The intentions and expectations of what Gacaca was envisioned to be and how it would function appear to sincerely incorporate restorative justice principles within a model that also provides for the legalistic application of punishment (E. Daly, 2002;Drumbl, 2002;Honeyman et al, 2004). The intentions, however, do not appear to have been realized in many regard.…”

“…All participants are argued to experience empowerment as a result of participation (E. Daly, 2002). Participation addresses community injuries by building and strengthening them by providing the opportunity for norm clarification and reconciliation (E. Daly, 2002;Honeyman et al, 2004;Rettig, 2008).…”