Forms of Democracy and Forms of Justice

25 min

Three ways to decide

On 26 May 2003 Rwandan voters approved a new Constitution in a referendum; on 18 December 2015 they voted again, on its revision. On those days every voter decided directly. On most other days, decisions are made by elected deputies and councillors on citizens' behalf. And in a village assembly, an Inteko z'abaturage, residents discuss local problems face to face with their leaders. These are three different forms of democracy, all at work in one country.

Definition

Direct democracy: citizens make decisions themselves, as in a referendum or a citizens' assembly.

Representative (indirect) democracy: citizens elect representatives who make decisions for them.

Participatory democracy: citizens take part in planning, monitoring and decision-making between elections.

Consensual democracy (power-sharing democracy): a form that seeks broad agreement and shares power among parties and groups instead of letting the winner take all.

Retributive justice: justice through punishment proportional to the offence.

Restorative justice: justice that repairs the harm done, involving victims, offenders and the community.

Distributive justice: the fair sharing of resources, opportunities and burdens in society.

Transitional justice: the measures a society uses to deal with a past of mass crimes: trials, truth-telling, reparations, memory and reforms to prevent their return.

Forms of democracy

Form	How it works	Examples	Strength and weakness
Direct	citizens vote on decisions themselves	the Assembly of ancient Athens; Rwanda's constitutional referendums of 2003 and 2015; the open-air assemblies of two Swiss cantons	closest to the people; hard to use for every decision in a large state
Representative	elected deputies, senators and councillors decide	Rwanda's Parliament and district councils; the parliaments of Kenya and Tanzania	practical for large states; representatives may lose touch with voters
Participatory	citizens shape and monitor policy between elections	Inteko z'abaturage; citizens' input to Imihigo performance contracts; the National Umushyikirano Council, which meets at least once a year to debate the state of the nation (Article 140)	builds ownership; depends on genuine freedom to speak
Consensual	power is shared and decisions sought by agreement	Rwanda's Constitution: the President and the Speaker of the Chamber of Deputies "cannot come from the same political organisation" (Article 62); the National Consultative Forum of Political Organisations for dialogue (Article 59)	reduces winner-takes-all conflict; may reduce open competition
Constitutional (liberal)	majority rule limited by a constitution, rights and courts	most modern democracies	protects minorities; needs strong, independent institutions

Democracies also differ in how the executive is organised: in a presidential system an elected president leads the government (Kenya); in a parliamentary system the government comes from and answers to parliament (the United Kingdom); many states mix the two.

Forms of justice

Figure 2. Rwandan institutions placed on a spectrum from retributive to restorative justice. Drawn by Ganzaa.

Retributive justice is the work of the criminal courts: the Primary, Intermediate and High Courts, and internationally the ICTR, which tried the planners of the 1994 Genocide against the Tutsi.
Restorative justice is the aim of Abunzi, the mediation committees of respected local people set up in 2004 at cell and sector level, to which certain civil disputes, for example over land or family property, must go before a court. Mediators seek an agreement both sides accept.
Distributive justice is pursued through social programmes such as community-based health insurance (mutuelle de santé), Girinka and other social protection programmes.
Procedural justice is the fairness of the process itself: public hearings, reasoned judgments and the right to a defence (Article 151 of the Constitution).
Transitional justice after 1994 combined several forms: trials (ICTR, national courts, Gacaca), truth-telling and confession, memory, and national unity and reconciliation programmes. Lesson 3 studies the Gacaca courts in detail.

Warning

Restorative does not mean "no punishment". Gacaca courts sentenced many people to prison; confession could reduce a sentence and allow part of it to be served as community service, but it did not cancel responsibility. Do not describe Rwanda's post-genocide justice as amnesty.

Tip

Use the spectrum. When asked to "explain the forms of justice used in Rwanda", place each institution on Figure 2 and say what it aims to achieve: punishment, repair, fair sharing or fair process. Then give one strength and one limit of each.

Important

Discuss. Which form of democracy do you take part in most often as a student: direct, representative or participatory? Think of class elections, school councils and village meetings.

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Practice

Distinguish direct democracy from representative democracy, with a Rwandan example of each.
What is participatory democracy? Give two Rwandan examples.
How does Article 62 of Rwanda's Constitution express consensual democracy?
Define restorative justice and explain how Abunzi apply it.
Classify each as retributive, restorative, distributive or procedural justice: (a) a court gives written reasons for its judgment; (b) a thief is sentenced to prison; (c) neighbours settle a boundary dispute through mediation; (d) poorer families receive health insurance support.
Using Figure 2, explain why Gacaca is placed between retributive and restorative justice.
"Consensual democracy is better suited to Rwanda than winner-takes-all democracy." Discuss.

Show answersHide answers

In direct democracy citizens decide themselves (the 2003 and 2015 constitutional referendums); in representative democracy they elect people to decide for them (the Chamber of Deputies, district councils).
Citizens taking part in planning and monitoring between elections: Inteko z'abaturage, citizens' input to Imihigo, Umushyikirano (any two).
It shares power: the President and the Speaker of the Chamber of Deputies cannot come from the same political organisation, and cabinet posts are shared among political organisations.
Justice that repairs harm and restores relationships with the involvement of both sides and the community. Abunzi mediators help the parties to reach an agreement that both accept, before a dispute goes to court.
(a) procedural; (b) retributive; (c) restorative; (d) distributive.
Gacaca tried and sentenced offenders (retributive), but it also used confession, public truth-telling in the community, reduced sentences and community service to rebuild relations (restorative).
For: after a history in which majority rule was used to exclude Tutsi, sharing power and seeking agreement reduces the risk of division; Article 62 and the Forum build this in. Against: too much consensus can limit open competition and choice for voters. A good answer weighs both and concludes with a reasoned view.

Sources and credits

Constitution of the Republic of Rwanda of 2003 revised in 2015 (RwandaLII): Articles 59, 62 and 151.
Abunzi: Ministry of Justice of Rwanda.

Written by Ganzaa: the analysis, the spectrum diagram (Figure 2), the table and the exercises.

1Three ways to decide

2Forms of democracy

3Forms of justice

Three ways to decide

Forms of democracy

Forms of justice