A/HRC/19/56/Add.1
identities remain salient. However, 17 years is too short a period for such tragic
memories to be erased.
83.
Efforts by the Government to forge unity through a national Rwandan identity
and to diminish the role of ethnicity as a destructive force are laudable. It is also
important to guarantee the rights of individuals and communities to freely express
their ethnic identity and culture. These are not incompatible, but Government
suppression of identity is inconsistent with this second value. In fact, rather than
suppressing discussion of ethnicity, at crucial points, Government may need to be
explicit in demonstrating that all people are equal regardless of ethnicity by
deliberately including members of all groups in every Government decision-making
body, as has been done to recognise the equality of women.
84.
In order to achieve the goals of social cohesion, unity and reconciliation,
legitimate group-based concerns need to be expressly addressed and those rights
fulfilled. Where inequalities based on ethnicity have existed, whether intentionally or
de facto, corrective special measures must be undertaken to establish equal enjoyment
of rights. A critical tool to implement this policy is the collection and publication of
data regarding all aspects of the socio-economic situation in the country and political
participation that is disaggregated along ethnic and socio-religious lines.
85.
Social cohesion, particularly in States with a history of ethnic-based violence, is
a long-term goal that is best achieved through dialogue; open and constructive
discussion and uncensored debate that allows grievances to be aired and solutions to be
sought transparently and collectively. In this respect, the national dialogues on issues
relevant to ethnicity, national identity and reconciliation undertaken by the Institute of
Research and Dialogue for Peace, in collaboration with government, are highly
commendable. It is a public process which has been useful to assess progress, identify
challenges, and build confidence.
A.
Reconciliation mechanisms
86.
An important part of the difficult healing process achieved to date has been
brought about through dialogue and the courage to come together – victims and
perpetrators – to confront the past. Despite enormous challenges and significant
deficiencies, the gacaca court system has been instrumental in creating a pathway for
communities to move forward. An in-depth analysis of the gacaca court process and
its outcomes is beyond the scope of this report.
87.
Nevertheless, the independent expert urges the Government, as it brings the
gacaca process to a close, to put in place a long-term strategy that recognizes the
continuing need for community-centred reconciliation mechanisms. Reconciliation
must be considered to be an ongoing process. Alleged perpetrators of genocide
continue to return to Rwanda from neighbouring countries and settle back into
communities where their crimes were committed. Returns open wounds in the
community that must be addressed through a community process. Furthermore,
precautions must be taken to ensure the security of individuals and the community as
a whole.
88.
The situation and needs of women who suffered rape and other sexual violence
and who may be living with HIV/AIDS must be given high priority, including to
ensure their access to life-saving medication.
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