The Role of Democracy and Justice in the Transformation of the Rwandan Society
Senior 6 · History
The Role of Democracy and Justice in the Transformation of the Rwandan Society
Lesson 3 of 5
25 min
On 15 July 2024, for the first time, Rwandans elected the President of the Republic and the members of the Chamber of Deputies on the same day, after an amendment to the Constitution in 2023 aligned the two elections; Rwandans abroad voted a day earlier. The National Electoral Commission (NEC) registered voters, trained polling staff, printed ballots and announced the results. Behind every election, and every court judgment, stands a set of institutions. This lesson asks what those institutions are and how they work.
Definition
National Electoral Commission (NEC): the national commission that organises and supervises elections and referendums in Rwanda (Article 139 of the Constitution).
Ombudsman: an independent office that receives citizens' complaints about injustice by public bodies and fights corruption.
Decentralisation: the transfer of powers and resources from central government to local entities such as districts, sectors and cells (Article 6).
Gacaca courts: community courts that tried most cases of the 1994 Genocide against the Tutsi between 2002 and 2012. The name comes from umucaca, the grass on which elders traditionally sat to settle disputes.
Inyangamugayo: persons of integrity elected by their communities to serve as Gacaca judges.
TIG (travaux d'intérêt général): community service that could replace part of a prison sentence for those who confessed.
| Institution or measure | Role |
|---|---|
| National Electoral Commission (since 2000) | organises presidential, parliamentary and local elections and referendums: 2003, 2008, 2010, 2013, 2015, 2017, 2018 and 2024 at national level |
| Parliament | a Chamber of Deputies of 80 (53 elected by proportional representation, 24 women, 2 youth, 1 person with disabilities: Article 75) and a Senate of 26 (Article 80); since 2008 women have held a majority of seats in the Chamber of Deputies |
| Power sharing and dialogue | the President and the Speaker from different parties; no party with more than half of the cabinet (Article 62); the National Consultative Forum of Political Organisations (Article 59) |
| Decentralised local government | since 2006, 30 districts with elected councils plan and deliver services; citizens take part through Inteko z'abaturage and Imihigo |
| Oversight bodies | the Ombudsman, the Auditor General of State Finances, the National Commission for Human Rights and the Gender Monitoring Office (Article 139) |
| National dialogue and civic education | the National Umushyikirano Council (Article 140); Itorero civic education; MINUBUMWE (Unit 8) |
Figure 3. The court system established by the Constitution (Article 152) and later laws. Drawn by Ganzaa.
The problem. By the late 1990s about 120,000 people were held in prisons on genocide charges. At the speed of the ordinary courts, their trials would have taken generations, while survivors waited for justice and the truth about their families.
The law. A first organic law of January 2001 set up Gacaca jurisdictions; the main law became Organic Law N° 16 of 2004 (19 June 2004), "establishing the organisation, competence and functioning of Gacaca courts" for genocide and crimes against humanity committed between 1 October 1990 and 31 December 1994. It placed suspects in categories: the main planners and organisers were tried in the ordinary courts; other killers and those who caused serious harm, and offences against property, went to Gacaca. Courts sat in public in every cell and sector, with elected inyangamugayo judges, and the whole community could give evidence. Those who confessed fully and asked forgiveness received reduced sentences, part of which could be served as community service (TIG). After a pilot phase from 18 June 2002 the courts worked nationwide, and Organic Law N° 04 of 2012 brought them to an end; they closed officially on 18 June 2012.
The results. According to the National Service of Gacaca Courts, 12,103 courts completed 1,958,634 cases in ten years.
Assessment. Supporters point to speed, the participation of whole communities, the truth revealed about where victims were killed and buried, and steps towards reconciliation. Critics, including Human Rights Watch in a 2011 report, pointed to limits on fair-trial rights: accused persons had no lawyers, judges had little legal training, and some witnesses and survivors faced pressure or trauma. A balanced judgement weighs what Gacaca achieved against an impossible alternative: justice delayed for decades.
Warning
Keep the categories straight. Gacaca did not try the main planners of the genocide: they were tried by the ordinary courts or by the ICTR. Gacaca handled the great majority of other cases. Mixing these up is a frequent exam error.
Tip
Institution, function, evidence. For "how is democracy preserved in Rwanda?", name the institution, state its function with a constitutional article, and give a piece of evidence (a date, a figure). For example: "The NEC (Article 139) organised the combined presidential and parliamentary elections of 15 July 2024."
Important
Discuss. Gacaca asked whole communities to sit together, tell the truth and judge. What does that reveal about the relationship between justice and reconciliation? Could a court that is very fast also be fully fair?
Practice
Sources and credits
Written by Ganzaa: the analysis, the diagram (Figure 3), the table, the case study and the exercises.
This lesson adapts CC BY-SA material and is shared under CC BY-SA 4.0.
