Reconciliation in Post-Genocide Rwanda: the Transitional Justice Paradox
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RECONCILIATION IN POST-GENOCIDE RWANDA: THE TRANSITIONAL JUSTICE PARADOX by Emily Kent B.A., Dalhousie University, 2007 PROJECT SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF INTERNATIONAL STUDIES In the School for International Studies © Emily Kent 2009 SIMON FRASER UNIVERSITY Summer 2009 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. APPROVAL Name: Emily Kent Degree: Master of Arts in International Studies Title of Thesis: Reconciliation in Post-Genocide Rwanda: The Transitional Justice Paradox Examining Committee: Chair: Dr. John Harriss Professor of International Studies _______________________________________ Dr. Lenard Cohen Senior Supervisor Professor Emeritus of International Studies _______________________________________ Dr. Nicole Jackson Supervisor Associate Professor of International Studies Date Defended/Approved: July 21, 2009 ii Declaration of Partial Copyright Licence The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. The author has further granted permission to Simon Fraser University to keep or make a digital copy for use in its circulating collection (currently available to the public at the “Institutional Repository” link of the SFU Library website <www.lib.sfu.ca> at: <http://ir.lib.sfu.ca/handle/1892/112>) and, without changing the content, to translate the thesis/project or extended essays, if technically possible, to any medium or format for the purpose of preservation of the digital work. The author has further agreed that permission for multiple copying of this work for scholarly purposes may be granted by either the author or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without the author’s written permission. Permission for public performance, or limited permission for private scholarly use, of any multimedia materials forming part of this work, may have been granted by the author. This information may be found on the separately catalogued multimedia material and in the signed Partial Copyright Licence. While licensing SFU to permit the above uses, the author retains copyright in the thesis, project or extended essays, including the right to change the work for subsequent purposes, including editing and publishing the work in whole or in part, and licensing other parties, as the author may desire. The original Partial Copyright Licence attesting to these terms, and signed by this author, may be found in the original bound copy of this work, retained in the Simon Fraser University Archive. Simon Fraser University Library Burnaby, BC, Canada Last revision: Spring 09 ABSTRACT This paper addresses the issue of transitional justice using Rwanda as a case study. It attempts to describe how exactly countries such as Rwanda go about trying to reconcile past atrocities while attempting to create a more democratic future. In that regard, it analyzes the instruments of transitional justice that the country has used including the International Criminal Tribunal for Rwanda, national courts, and Gacaca. More specifically, the paper argues that the current Rwandan government, under the leadership of President Paul Kagame, is hindering the effectiveness of these mechanisms of transitional justice. This is because the government is pro-Tutsi and highly authoritarian. Consequently, Kagame’s undemocratic policies jeopardize successful efforts in trying to reconcile the nation, as many Hutus feel threatened and suppressed by his regime. Finally, until Kagame is willing to truly move Rwanda towards more liberal democracy, the country’s ambitious endeavor in transitional justice will not be successful. Keywords: Rwanda; Gacaca; International Criminal Tribunal for Rwanda; Transitional justice; Victor’s justice iii ACKNOWLEDGEMENTS I would like to thank my family for their constant support and encouragement throughout all of my academic undertakings. I would especially like to thank my sister Pamela who encouraged me to apply to this program. I would not be where I am today without you. I am also grateful to all of my friends that have provided me with an outlet to express my ideas and to offer their own opinions, which helped me with this project. A special mention is to Umut Riza Ozkan, as I will never forget the patience and support that you gave me throughout this entire year. I would like to extend a special thank you to all of my classmates that provided me with resources and ideas for this project. I am also grateful to the entire faculty at Simon Fraser University that I had the pleasure of working with this year. I am especially appreciative of Lenard Cohen who offered some informative insight as to how I can improve this paper. Finally, I would like to thank Nicole Jackson for her work as my as my secondary supervisor. Thank you again to everyone. iv TABLE OF CONTENTS Approval ...............................................................................................................ii Abstract ...............................................................................................................iii Acknowledgements............................................................................................iv Table of Contents ................................................................................................v Glossary ..............................................................................................................vi Chapter 1: Introduction.......................................................................................1 Major Research Problem....................................................................................5 Research Outline................................................................................................6 Chapter 2: The Rwandan Genocide ...................................................................8 Historical Background of Rwanda ......................................................................8 The Colonial Legacy...........................................................................................9 Rwandan Independence ..................................................................................10 The Rwandan Genocide...................................................................................15 The Aftermath...................................................................................................16 Chapter 3: Transitional Justice ........................................................................20 Retributive Justice ............................................................................................22 Restorative Justice ...........................................................................................24 Retributive Justice, Restorative Justice and Democracy .................................27 Chapter 4: Transitional Justice in the Rwandan Context ..............................31 The International Criminal Tribunal for Rwanda...............................................31 National Courts of Rwanda ..............................................................................38 A Brief History of Gacaca .................................................................................41 Post-Genocide Gacaca ....................................................................................43 Making Post-Genocide Gacaca Functional......................................................45 Positive and Negative Aspects of Gacaca .......................................................49 Gacaca and Victor’s Justice .............................................................................53 Chapter 5: Transitional justice and Authoritarian Government....................56 The RPF Takes Control....................................................................................56 The Transition to Democracy or Dictatorship? .................................................58 Conclusion........................................................................................................61 Reference List....................................................................................................64 v GLOSSARY Electoral According to Freedom House, there are five components Democracy that make up electoral democracy including “a competitive, multiparty political system,” “universal adult suffrage,” “regularly contested elections,” and “significant public access of major political parties to the electorate.” Gacaca Pronounced ga-cha-cha. This is the traditional court system in Rwanda that takes place at the local level. By 2002, the Gacaca system had been revamped and used to charge those accused of committing lower-level crimes during the genocide. International This is an ad hoc tribunal set up in Arusha, Tanzania by Criminal Tribunal the United Nations to try some of the worst offenders of for Rwanda the Rwandan genocide. Liberal A liberal democracy is composed of the elements that Democracy make up an electoral democracy, but Freedom House specifies that liberal democracies must also allow for varying