RWANDA: THE FUNDAMENTAL OBSTACLES TO RECONCILIATION
By Joseph K. Sebarenzi
1. Introduction
Rwanda is a country torn by deeply-rooted ethnic conflict between Hutu (85%
of the population) and Tutsi (14% of the population) despite the fact that the
Hutu and Tutsi communities share a common culture and common religious beliefs.
Cyclical mass killings against the Tutsi community started in 1959 and culminated
in the recent genocide in which up to one million Tutsi perished in only one
hundred days between April and July of 1994.(1) Soon after the genocide, the
Hutu-led government responsible for the genocide was overthrown by the Tutsi-dominated
Rwandese Patriotic Front (RPF) amidst killings of innocent Hutu. These killings
continued after the new government was in place.(2)
The new government established in July 1994 appeared to be a government of
national unity with the stated goal of promoting reconciliation and eradicating
impunity. That is why the new govenment set up a National Commission for Unity
and Reconciliation (NCUR) as well as a traditional institution of justice, called
Gacaca, to deal with the huge number of the perpetrators of the genocide of
Tutsi. Unfortunately, these important initiatives came to be more window-dressing
than effective endeavors of reconciliation between the two communities. In this
article, I explain why reconciliation is crucially needed and how it is normally
achieved. I then propose a new approach to achieve sustainable reconciliation
between Hutu and Tutsi.
2. Why Reconciliation in Rwanda?
Reconciliation in Rwanda is an absolute necessity. The genocide of the Tutsi
in 1994 requires, in itself, some process of reconciliation between the victims
and the perpetrators. This state-sponsored genocide was "a well planned
and massively executed genocide, which led to the brutal slaughter of up to
one million defenseless children, women, and men."(3.) The 1994 genocide
was in fact a culmination of cyclical mass killings that started in 1959 when
the Tutsi no longer had power. In addition, the former Hutu army and militia
launched several mortal attacks on Rwanda from the Democratic Republic of Congo
in 1997 and 1998 in which they "slaughtered members of the Tutsi minority,
government officials, and others who refused to support the rebellion."(4)
During the raids, hundreds of Tutsi soldiers were killed and hundreds others
injured. All these injuries to the Tutsi community created deep wounds, hatred,
and fear that now constitute serious obstacles to a peaceful coexistence between
the two communities.
The Tutsi-led government in place since July 1994 itself has been responsible
for several waves of violence against the Hutu community. There are persistent
accusations of mass killings against Hutu refugees in the Democratic Republic
of Congo. The United Nations Security Council has discussed massacres and other
atrocities and violations of international humanitarian law committed in the
Democratic Republic of Congo, especially in the Eastern provinces, including
crimes against humanity.(5) Also, during the Hutu rebellion in Northern Rwanda
in 1997 and 1998, soldiers of the Rwandan Patriotic Army (RPA) killed unarmed
civilians, sometimes in pursuit of insurgents, but also in places or at times
in which no rebels were present but where the soldiers suspected the population
of supporting them.(6) These soldiers may have caused the deaths of hundreds
and perhaps thousands of persons who had sought refuge in caves at Kanama in
1997.(7) In addition, several other cases of unexplained killings and disappearances
of Hutu have been reported, most notably, the scandalous methods used to close
the camp of Kibeho in 1995 in Southern Rwanda.(8) These experiences have fostered
anger and fear within the Hutu community that, in turn, impede the possibility
of peaceful inter-ethnic relations.
When I talk about the genocide against the Tutsi, and the mass killings against
the Hutu, I have no intention of equating the genocide to other crimes. As a
survivor of the genocide, I know what genocide means.(9) However, a reconciliation
process is needed to resolve the different contentions of the various parties
involved. For the victims, the most pressing need is the truth, healing, and
prevention of future violent conflict that a successful reconciliation process
could provide.
Each past regime, be it Hutu-dominated or Tutsi-dominated, established a structural
violence against the other ethnic group that operated through exclusion, humiliation,
and inequality. The structural violence led not only to physical violence, but
also to trauma and to enemy images in both communities. That is why reconciliation
is a crucial necessity to heal psychologically the victims of past violence
and to break the cycle of violence. If the process of reconciliation does not
happen soon, the situation might deteriorate, resulting in other inter-ethnic
catastrophes.
3. What Is Reconciliation?
Reconciliation is a complex process between individuals or groups that involves
a public accounting of the truth about past violations of human rights, followed
by apologies and forgiveness, and hopefully, the willingness to envision positive
relationships. Hizkias Assefa gives us the core elements of reconciliation:
(a) an honest acknowledgement of the harm/ injury each party has inflicted on
the other; (b) sincere regrets and remorse for the injury done; (c) readiness
to apologize for one's role in inflicting the injury; (d) readiness of the conflicting
parties to "let go" of the anger and bitterness caused by the conflict
and the injury; (e) commitment by the offender to not repeat the injury; (f)
sincere effort to redress past grievances that caused the conflict and compensate
the damage caused to the extent possible; and (g) entrance into a new mutually
enriching relationship.(10) The Hutu and Tutsi need to go through all these
processes. The most difficult but crucial step would be the honest acknowledgement
of the harm each party has inflicted on the other, as well as a dialogue to
generate change and transformation for a peaceful future. John Paul Lederach
says: "Reconciliation is the point of encounter where concerns about both
the past and the future can meet. Reconciliation as encounter, suggests that
space for the acknowledging of the past and envisioning of the future is the
necessary ingredient for reframing the present. For this to happen, people must
find ways to encounter themselves and their enemies, their hopes and their fears."(11)
The Hutu and Tutsi need the courage to begin this reconciliation process. It
will not be easy but a dialogue about the past as well as about the needs and
the fears of each community is the key to a peaceful future coexistence.
4. Problems of Reconciliation in Rwanda?
The way reconciliation is conducted in Rwanda now does not meet the criteria
listed above. First, the NCUR had deliberately avoided fulfilling its prime
objective, which is to organize an in-depth national debate on unity and national
reconciliation. The spirit behind the national debate was to facilitate truth
telling between Hutu and Tutsi and to set in motion a process of sustainable
coexistence between the two communities. This has not yet happened and apparently
there is no political will to organize such a delicate but useful exercise.
What the national commission does is to sensitize the population about unity
and reconciliation and the monstrosity of the genocide of Tutsi, especially
to expose the failures of past regimes. Nothing is said about the mass killings
against the Hutu community, which is also denied the opportunity to bury, mourn,
and remember their loved ones who perished in the violence.
Second, the traditional form of justice put in place is irrelevant to the complexity
of the situation since it is a one-way process and it prosecutes and punishes
instead of rehabilitating relationships between the two ethnic groups. Genocide
suspects are the only focus on this institution, whereas the original intent
was to establish an institution to look into human rights violations committed
by both communities. Of course one should not equate the genocide to other crimes,
but in a reconciliation process all grievances must be addressed, and reparations
must be provided in a restorative and equitable manner. Traditionally, the Gacaca
dealt only with minor cases; it neither handled criminal cases nor required
judges or jail terms. The Gacaca has little to do with Rwandan culture, especially
since the genocide and other crimes against humanity and their collateral effects
have destroyed the fundamental value structure that formed the basis of the
Gacaca.(12) Third, Gacaca will obviously speed up the trials of more than 120,000
genocide suspects, but it "may be subject to political pressures, and lacks
some basic internationally recognized safeguards, such as the right to legal
counsel."(13) Fourth, the Gacaca has little to do with reconciliation between
the perpetrators and the victims and does not seek to repair the social relationships
that the conflict affected.
It seems to me that there will be no reconciliation in Rwanda unless the truth
about the past human rights abuses are disclosed and acknowledged. The past
human rights abuses should be handled not through retributive justice but rather
through restorative justice, which provides an opportunity to both the victims
and the perpetrators to take part in the reconciliation process. Restorative
justice can be achieved in the framework of a truth and reconciliation commission
similar to the South African one.
5. The Need for a Truth and Reconciliation Commission
Truth commissions are official bodies that investigate, within a limited time
frame, past human rights violations in order to paint the overall picture of
abuses that occurred in a particular country over a specific period of time.(14)
For the last fifteen years, truth commissions have been effective in addressing
the past wrongs and contributing to the peaceful coexistence between communities
around the world. Through the core elements of reconciliation mentioned earlier,
truth commissions can be valuable in their own right, because of their broad
scope of inquiry, inclusive character, impact on victims, and their forward-looking
nature.(15)
In order for the truth to be revealed, perpetrators need to be encouraged to
participate; if they face prosecution and punishment- that is retributive justice-
they will not tell the truth. Thus, given the crucial importance of the truth
for not only the victims but also for the prevention of future catastrophes,
it is important to think about the structure of incentives for Rwandan perpetrators.
In South Africa, the perpetrators were granted amnesty in exchange for full
disclosure of their crimes. That is restorative justice that embodies a recognition
of the humanity of both offender and victim, and holds as the primary goal to
heal old wounds.(16) Furthermore, retributive justice in Rwanda is not possible
because many people on both sides were involved in the genocide or in the mass
killings, and most of them are at the same time victims. The genocide of the
Tutsi, for example, involved such a large number of Hutu to commit the crimes,
convinced that no judicial action could be taken against them under the principle
that if everybody is guilty, then nobody can be individually condemned.
Like South Africans, Rwandans should come up, through dialogue, with a settlement
about how to deal with the past and about appropriate mechanisms to prevent
future violent conflict. There is no doubt that a truth and reconciliation approach
could be of great importance.
6. Conclusion
The reconciliation efforts in Rwanda have thus far had fundamental problems
due to the inappropriate approaches taken. The fact that the genocide was a
horrendous crime against humanity perpetrated by the Hutu does not excuse the
mass killings committed by the Tutsi. Although the two kinds of crimes are totally
different, the reconciliation process requires establishing a complete picture
of all crimes, especially the gross human rights violations. Also, since the
restorative justice has the benefit of reconciling the victims and perpetrators
as well as creating new relationships between the two communities, the current
Gacaca form of justice should tackle the crimes committed by both sides, and
should include the healing and reconciling aspects of restorative justice.
The appropriate approach to promote a sustainable reconciliation is a truth
commission similar to the one in South Africa, known to be one of the best conceived
and the most ambitious commission to date.(17) Otherwise, the Hutu and the Tutsi
are closed up and could explode again in the future.(18) Of course, this process
requires some prerequisites such as a democratic and representative government
since "democracy is a prime peace builder and an effective confidence building
measure."(19)
________________
1. The year 1959 was the beginning of violent interethnic conflict and the
fall of the long- standing Tutsi monarchy system.
2. The RPF, now the ruling party in Rwanda, was a military movement launched
in October 1990 from Uganda.
3. See Peter Uvin, Aiding Violence: The development enterprise in Rwanda, (West
Hartford, CT: Kumarian Press, 1998), 1.
4. See Human Rights Watch Report on Rwanda in 1999.
5. See UN Security Council Statement S/PRST/1998/20 of 13 July 1998.
6. RPA is the former rebel army of the Rwandese Patriotic Front. The same denomination
is used for the current national army.
7. See Human Rights Watch Report on Rwanda in 1999.
8. See Amnesty International reports on the issue and Andre Sibomana, Hope for
Rwanda, (London; Sterling, VA: Pluto Press; Dar Es Salaam: Mkuki na Nyota Publishers,
1999), 139-151.
9. See Ervin Staub, The Roots of Evil: The Origins of Genocide and Other Group
Violence, (New York: Cambridge University Press, 1989).
10. Hizkias Assefa, "The Meaning of Reconciliation," in People Building
Peace, (Utrecht: European Centre for Conflict Prevention, in cooperation with
the International Fellowship of Reconciliation and the Coexistence Initiative
of State of the World Forum, 1999), 42.
11. John Paul Lederach, Building Peace: Sustainable Reconciliation in Divided
Societies. (Washington, D.C.: United States Institute of Peace Press, 1997),
27.
12. Filip Reyntjens and Stef Vandeginste, "Traditional Approaches to Negotiation
and Mediation: Examples from Africa. Burundi, Rwanda and Congo," in Peace
Building: A Field Guide, ed. Luc Reychler and Thania Paffenholz, (Boulder-London:
Lynne Riener, 2001) 130.
13. See the declaration of Alison Desforges, Senior Adviser to the African Division
of Human Rights Watch, (October 2001).
14. Michelle Parleviliet, "Telling the Truth in the Wake of Mass Violence,"
in People Building Peace, 48.
15. Ibid.
16. See Desmond Mpilo Tutu, No Future Without Forgiveness, (New York: Doubleday,
1999).
17. See Dorothy C. Shea, The South African Truth Commission: The Politics of
Reconciliation, (Washington, D.C.: United States Institute of Peace Press, 2000),
5.
18. See Wendy Lambourne, "Justice and reconciliation. Postconflict Peacebuilding
in Cambodia and Rwanda, in Reconciliation, Justice, and Coexistence: Theory
and Practice," ed. Mohammed Abu-Nimer, (Lanham, MD: Lexington Books, 2001),
327.
19. See Luc Reychler and Thania Paffenholz, eds., Read Peace Building: A Field
Guide, (Boulder: Lynne Rienner Publishers, 2001).
Joseph K. Sebarenzi is the former Speaker of Rwandan Parliament (1997-2000).
He is a sociologist currently working with the School for International Training
in Vermont, in the field of Conflict Transformation. He holds an honorary doctorate
in Law from Marlboro College in Vermont. Before he entered politics, he worked
with civil society organizations in Burundi, Rwanda and the Democratic Republic
of Congo.