A/HRC/19/56/Add.1
24.
The Committee on the Elimination of Racial Discrimination recommended that “the
State party contemplate revising Law No. 18/2008 … with a view to making the definition
of „the ideology of genocide‟ in article 2 more specific, and to include intention as one of
the constituent elements of this crime listed in article 3, and thus to provide all the
guarantees of predictability and legal security required of a criminal law and prevent any
arbitrary interpretation or application of this law” (CERD/C/RWA/CO/13-17, para. 14).
B.
Institutional initiatives
25.
The independent expert met with the National Commission for the Fight Against
Genocide created under the 2003 Constitution but active only since 2008. The mandate of
the Commission requires it to, inter alia, design and implement strategies for fighting
genocide and its ideology; coordinate remembrance activities and preserve memorial sites;
and provide assistance to genocide survivors. Its mandate allows the Commission to
undertake educational activities in schools and to work to preserve the memory of the
genocide among new generations.
26.
Ingando, a practice which originated in pre-colonial Rwanda, refers to ceasing
normal activities in order to reflect on and find solutions to national challenges.12 The
National Unity and Reconciliation Commission formally reintroduced Ingando as a tool to
foster peaceful coexistence within post-genocide communities. The first participants were
ex-combatants returning from the Democratic Republic of Congo, followed by students,
genocide survivors, prisoners, community leaders and women. Ingandos are now carried
out countrywide and frequently co-facilitated with communities. Ingandos entail
participation at residential camps for up to two months‟ duration. Five central themes are:
analysis of the country‟s problems; history; political and socio-economic issues; rights;
obligations; and leadership.
27.
Historically, Itorero ry’igihugu13 was a national educational and mentoring
institution for leadership with lessons including history, philosophy, sociology, oral
literature, ethics, theology, political and military sciences, law, and patriotism. In 2007, the
Itorero system was reintroduced to encourage people from different social groups to
discuss issues such as good governance, national unity, reconciliation, justice, economic
development and social problems. Government officials state that more than 87,000 people
have participated in this civic education and training. 14 Plans exist to extend the programme
throughout the country.
28.
The National Service of Gacaca Jurisdictions highlighted that the Rwandan judicial
system was overwhelmed by the aftermath of the genocide and had itself been decimated.
Over 120,000 prisoners alleged to have committed genocide needed to be processed
through the conventional judicial system. The capacity to investigate and prosecute was
severely limited. Confronted by the need to speed up the justice process, avoid impunity
and find a solution that also contributed to strengthening unity and reconciliation, the
Government looked to a traditional system of conflict resolution and participatory justice at
the community level. The gacaca system was introduced and modernized in 2001.15
29.
The Government highlights that, since gacaca courts commenced work in 2002,
1,211,412 cases have been tried and completed throughout the country. Emphasis was
placed on confessions and reduced or community-based sentences were offered to those
12
13
14
15
See: http://www.nurc.gov.rw/index.php?option=com_content&view=article&id=50&Itemid=12
See www.nurc.gov.rw/reconciliation-tools/itorero.html.
See http://allafrica.com/stories/201103210066.html.
For more information, see www.inkiko-gacaca.gov.rw.
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