November 2004

From January 2005, the traditional village courts of Rwanda – known as Gacaca - will try genocide suspects all over the country.

Gacaca courts were given this job to help reduce the burden on Rwanda 's legal system, yet officials now predict the number of suspects will probably rise, as witnesses reveal more about who did what, in 1994.

So, trying to make Rwanda 's legal process more manageable may actually result in an even bigger challenge for Gacaca. That's because sixty three thousand genocide suspects are already awaiting trial under Gacaca. But some officials expect as many as seven hundred and fifty thousand suspects in total – that's almost ten per cent of the country's population.

“It's hardly surprising, if you think about how the genocide was implemented, it's almost impossible that only one hundred and twenty thousand people could have killed over a million people in just three months”, says Anastase Balinda the Gacaca Courts Commissioner.

Gacaca trials were intended not only to dispense justice, but to help foster peace and reconciliation at local level, through the difficult but essential process of telling the truth in public.

However, the trials have been delayed due to revisions in the law, training for judges, and the sheer logistical difficulties of embarking on such a massive legal project.

With such a possible sharp rise in the number of suspects, many wonder if the cases may not be more than the Gacaca courts can handle.

“No matter how many suspects Gacaca produces, we can handle it. We have enough courts. There might be problems later, if we have to send lots of people to prison. But any society must manage its problems. As we find out the truth about genocide and the exact number of people involved, we'll find ways to cope with that” says Mr Balinda

One such problem might be strained relations between families of suspects, and families of witnesses.

Rwanda's National Unity and Reconciliation Commission is already working to alleviate such tensions, and hopes Gacaca trials will make things better, not worse.

“ I think Rwandans should instead be happy that the truth is going to come out and that suspicion among families will be over. Those who committed crimes will be punished. Even those who have been hiding will be freed by the truth” says Fatuma Ndangiza the Executive Secretary of the National Unity and Reconciliation Commission.

Some prisoners, who already confessed to their crimes, say that doing so has brought a new sense of freedom. They are not worried about the number of suspects increasing. They say this will help the truth come out

“I am looking forward to Gacaca. I think it will help me. I will have the opportunity to expose the truth, particularly to people in my home village and those whom I wronged. I will have a chance to ask for forgiveness”, says Nyabyenda Jean Marie, a prisoner who confessed to his crimes.

However, not everyone agrees. Some fear Gacaca might mean new revelations about their crimes, and bring them extra punishment. So, they believe the less people talk, the better.

“After confessing I was very happy because I felt my heart relieved. But later, I was harassed by some of my colleagues in prison, with whom I had committed the crime”, says Nyabyenda J. Marie.

It's not just in prisons that witnesses are being harassed, nor is it just verbal intimidation. In Gikongoro and Butare provinces in the south of Rwanda , five witnesses were killed. Some with machetes, others beaten to death. One was tied to a log and thrown into a river. Their families were effectively silenced for fear of further reprisals.

Kankindi Anastazia's 21 year-old daughter was killed when a gang attacked their home at night.

She says when Gacaca trials begin, it may get worse. “ The weak ones like me will die! I am telling you the truth”, she exclaims “This is just the start! I used to live in peace with my neighbours down there in the valley where I grew sorghum and other crops. I was alone, I didn't need any protection. But now people harass me, because of my testimony against them. All these problems have arisen because of Gacaca”, concludes Kankindi.

Early this year when two witnesses were murdered in Kaduha district, in southern Rwanda , the internal security ministry intensified night patrols and said it will work with the police and the locals to curb any more occurrences. But more cases occurred. So does this mean Rwanda cannot protect witnesses?

General Commissioner of Police, Frank Mugambage says on the contrary, the situation is under control. “I personally think that if those efforts had not been made, maybe we could have seen more as had been feared before. But that is not the case. Of course the other effort clearly demonstrated is the fact that even those who got involved were quickly apprehended. This is a very important thing”, says General Mugambage.

But some people say the threat of attacks still hangs over them. Hitayezu Boniface lost his wife to genocide suspects who feared her testimony against them. He fears he might be next. “I am worried because my wife's relatives are often attacked at night or in the evenings. Those who killed my wife can kill me too”, says Boniface.

In nearby Nyakizu District, lives Venant Sekabwa, who survived the genocide. He used to be a Gacaca court chairman, and says he always tried to be fair. But recently, his windows were broken by people throwing stones, and his son's house was set on fire. He believes he knows the reason, and the culprit. “Maybe they did it because they think we'll testify when Gacaca starts. I am not sure, it's just my intuition. The mastermind of all this started long ago! He has never settled down” remarks Sekabwa.

So, who is behind such attacks on Gacaca witnesses? Many locals say they suspect a man named Thomas Murengerantwali. Why?

One reason is that when his neighbour's house caught fire, Murengerantwali allegedly did not help other local people to fight the blaze. He was duly arrested, to explain himself. The Police allowed us to interview him. Is he really guilty of organising attacks on witnesses, as some people claim?

“There is no way I can be involved in such bad actions! I bear no grudge against that family, and never have. Our parents had no problems either. I don't consider ethnic divisions. I recently I gave them a bride! I am 69! I cannot be involved in such things”, explains Murengerantwali.

In another incident, eight suspects have been detained on suspicion of having murdered Jean Bosco Nyemazi. They include his wife Anne Marie Mukashema who has already admitted her involvement.

Jean Bosco Nyemazi was a witness against Colonel Aloys Simba, who is on trial at the International Criminal Tribunal for Rwanda in Arusha , Tanzania .

Colonel Simba is accused of genocide, complicity in genocide and crimes against humanity (murder and extermination) in the provinces of Butare and Gikongoro, in 1994.

Needless to say, events like the murder of Jean Bosco Nyemazi often weaken the resolve of some witnesses, who say they feel abandoned, and sometimes wonder if Gacaca will bring peace.

“If Gacaca is not revised, it will achieve nothing. Gacaca called us to testify. We did, but so far Gacaca has done nothing. This is why such crimes continue”, says Hitayezu Boniface a Gacaca witness whose wife was murdered.

Gacaca officials agree that the problem of witness intimidation requires more attention and can only be prevented through closer cooperation with the Ministry of Internal Security, the Ministry of Local Government, and the prosecution authorities.

“Security of witnesses should be maintained. We believe that if the Gacaca courts, the prosecution, the police or other security bodies learn that somebody is behaving in a way that threatens witnesses, because they have testified against him or others, that person should be arrested and detained”, says Anastase Balinda, Gacaca Courts Commissioner.

The Prosecutor General promises that such cases of intimidation will be tried and judged promptly.

At the same time, he urges witnesses not to be scared into silence. “We are speeding up the cases of those accused of murdering witnesses. Very soon their cases will be over. I would like to encourage witnesses to take heart. We are doing something about intimidation”, says Jean de Dieu Mucyo, Rwanda 's Prosecutor General.

Gacaca officials say people can also help prevent intimidation and attacks, by blowing the whistle on local bullies. “ We urge the public to help us, by telling us about bullies, so that we can move fast. If we got information in good time, then we would take preventive measures”, says the Prosecutor General.

The National Police believes and hopes that security will stabilize, as soon as people start to participate in the Gacaca trials. “ When people start to understand what Gacaca is all about, security will be better. That new awareness, along with programs from government and relevant institutions, will certainly ensure security. Not just for survivors, but in general. Everybody knows it's good for the country”, says Frank Mugambage, Commissioner General of Police.

But what about people who know Gacaca may accuse them? Will they embrace justice, peace and reconciliation for the good of Rwanda ?

Or will they to continue to intimidate witnesses, to ensure their own freedom?

Anastasia Kankindi supports Gacaca, but says it is taking too long. She fears intimidation, or worse.

“When will my tears dry? When will I have a rest?” she asks with tears in her eyes.

13 women sit outside HAGURUKA offices in Remera district, Kigali city on one cold morning. They need legal assistance to solve problems which hinder their everyday life. If they wait long enough, they might get it.

In the years since the genocide of 1994, scenes such as this are becoming more frequent in Rwanda .

Various organisations offer legal aid to those most in need. For example, Haguruka, IBUKA, and the Rwanda Bar Association whose services are in great demand.

Hardly surprising if you consider that according to the World Bank, there has been a 50% increase in the number of women-headed households in Rwanda , from 1991 to 1998. In total; latest statistics suggest that some 34% of Rwandan homes are run by women.

Equally alarming, the UN says forty two thousand households are managed by children, over one hundred thousand youngsters in all.

Worst of all, the UN's poverty reduction research shows 60% of Rwandans live below the poverty line.

One of the people trying to get by, in these hard times, is Anna Maria Bawugirira. Anna Maria is fighting for financial compensation from Kigali Central Hospital , saying they buried her deceased daughter Janviere Yankurije without her knowledge or consent. “ This pain is tearing me a part. My daughter is survived by 2 little children and the sad part is that they are still asking me whether their mother is still in hospital. Relatives and friends have spent days at the funeral waiting for the dead body. I don't know whether this grief will go away”, Bawugirira lamented.

The Hospital argues three points in return. First, that Anna Maria did not provide for her daughter's funeral. Second, that the hospital's own budget is too small to cover funeral costs. Third, that if such costs are not paid by individual patients or their family, and then the hospital has a right to minimize risk to its own financial survival, by taking appropriate alternative measures, such as burying Janviere Yankurije in the hospital cemetery.

Management at Kigali Central Hospital say they see cases like Maria's every day. “We tried to contact her before we could make the final decision but she did not come and only arrived at the hospital 10 days later. Considering the size of our hospital and capacity of the fridge in the mortuary we can't keep the body for more than 3 days and our fridge can only handle six bodies at a time. We have to bury those that over stay to create room for others”, says the Director of Kigali Central Hospital, Emmanuel Kayibanda.

Anna Maria Bawugiria says she failed to bring the money because she depended on Janviere income, to run the household. When her daughter fell ill and stopped working, the money stopped. But the medical bills started. When Janviere Yankurije died, they stood at two hundred and eight thousand Rwandan Francs. That's about three hundred and sixty US dollars. “I want some one to defend me. I came here to seek legal help. Those people had no right of dumping my child wherever they thought fit, when I was trying to find their money”, adds Bawugirira.

Anna Maria says she wants justice. But Benoit Kaboyi says justice is not enough. He helps genocide survivors and other vulnerable groups to access judicial assistance. He's the Coordinator of IBUKA, a genocide survivors association based in Kigali . Benoit says survivors are a special category, and deserve a bit more than justice. “Penalising the offender is not an end in itself, when people suffer any form of injustice, they loose their dignity, confidence and many times they do not have a future to look forward to. Justice can't fully be achieved without compensation. The offended needs some form of rehabilitation for justice to be fully reached”, says Kaboyi.

13 year old Samuel Ntibagirwa lost his father 3 years ago. His mum was left disabled after the genocide. Then his uncle sold the land where the family had been living. Samuel, his mum, his sister and his two brothers were left to fend for themselves. “I and my 3 siblings have to struggle everyday because our mother was left handicapped during the genocide. Even though she is alive she can not do anything for us. We are trying to find a way to reclaim our land”, tells Ntibagirwa.

One group that might be able to help is HAGURUKA. Like IBUKA, HAGURUKA provides legal aid, but focuses on women and children. “Between 1997 and 2003 we handled 28,000 cases, some of the cases were concluded but others are yet to be concluded. On average we see 4000 cases annually”, says the National Cordinator of HAGURUKA Rose Mukantabana.

If Rose and her colleagues at Haguruka are limited by lack of funds, some clients of some survivors' associations are frustrated, by what they see as a lack of action and results.

Nikuze says she's been fighting to get her land back, since before the genocide of ‘94. “Imagine an old woman like me with orphans to look after. I have no job, no land to cultivate and I am being forced out of the house where I live. I have been coming here for so long but my case has not been concluded. This time if my case is not addressed I will seek help from higher authorities”, says Nikuze.

On the other hand, clients like Jacinta Fayida feel that survivors' organisations are a godsend.

She is 39 and living with AIDS. In 1990 she was working as a maid when she gave birth to her daughter, Aline Mutuyimana, who is now fourteen years old.

Jacinta says the man who fathered her child was imprisoned for genocide related crimes but escaped and fled to neighbouring Uganda . Since then she has not been able to get any help from him or his family. “ From the time the father of my child disappeared, his relatives have not supported me in any way. He even has a house in Kabuga but my child has been denied rights to it. And as you can see my days are numbered. I don't know what will happen to my child when I am gone” tells Jacinta who was infected in 1996 while serving a prison sentence. “We were 6 women in the prison cell and prison guards raped us repeatedly. I think that is when I got the virus”, she remembers.

Jacinta was cleared of genocide charges and released. She says she doesn't want to press charges against the Rwandan prison guards who allegedly raped her

What she wants is a secure future for her daughter Aline, starting with rights of ownership to her father's house. Because he's not living in it, he's still hiding in Uganda . Aline says that's a vital point. “I am worried about my mother's health and I don't where I will go after she dies. I just hope and pray that God will take care of me” tells Jacinta's daughter, Mutuyimana Aline .

It seems there are thousands of cases like this in Rwanda . Usually, each one requires a different approach.

“Some cases are solved through the advice we give to our clients. In other cases we have to accompany them to the local authorities where we help our clients to state their complaints in a clearer manner, because sometimes they have a case but can't argue it out. In more serious cases we have to hire lawyers to represent our clients in court”, says Christine Tuyisenge the person in charge of legal affairs in Haguruka

In 1997 the Rwanda Bar Association established a bureau to provide legal assistance to socially vulnerable people. It offers legal advice, or if necessary, a lawyer for people who can't afford to hire one. It seems the word is spreading fast. “When we started not many people were aware that we had these services but over the years more and more people have come to know about what we do. The challenge for our office at this point is that sometimes we do not have enough funds to facilitate our advocates in their work. We do not pay them to represent poor people but then we need funds to meet their logistical requirements like transport, phone bills, and lodging whenever they have to wok away from home”, the president of the bureau for legal assistance in the bar association, Jean Bosco Rusanganwa highlighted.

Despite the unique context and challenges of Rwanda 's post-genocide society, it is not alone with these kinds of problems.

Delegates from other post-conflict countries in the region met recently in Kigali, to talk about how best to lobby together, for justice all round. They say they want Governments to do more to help socially vulnerable people. They want clear and effective mechanisms for poor people to solve their problems. “We want to raise awareness on the plight of socially vulnerable groups especially women and children. We organised this meeting in a bid to share experiences with our counterparts from different countries which have gone through times of conflict and come up with more effective measures to address the issue of justice for vulnerable groups”, says Rose Mukantabana, National Coordinator of Haguruka.

There's an old saying: united we stand. For the thousands of poor, dispossessed, and vulnerable people in Rwanda , it's a nice theory. But practical results seem to be what they really want and the sooner the better.

The spread of HIV/AIDS poses a big challenge to Rwanda . Experts worry that the release of prisoners suspected of genocide may make things even worse, since many are HIV positive.

AVEGA, the association that brings together genocide widows many of whom were raped, argues that AIDS prevalence rates among prisoners are directly linked to infection rate of their own members. “When people get concerned about HIV, they should remember the link with rape during the genocide. In 1999, AVEGA's research showed that from 1,125 women raped in 1994, 70% were HIV positive”, says Kayiganwa Auria, officer in charge of Advocacy and Justice in AVEGA.

Controversy surrounds the issue of HIV/AIDS in prison. While some prisoners are already infected before they are detained, others get it during their time in prison. The question is how?

“Some times it is through sex with female prison guards. But usually it is through homosexuality. This happens a lot. Men are not afraid of sleeping with other men”, Uwitonda Charles an ex-prisoner disclosed.

Medical personnel and some prison officials agree that homosexual acts are spreading HIV infection in Rwanda 's jails. But two problems make this even worse. First, they are not allowed to distribute free condoms, because that would be endorsing homosexual acts. Second, prisoners are often reluctant to discuss this issue openly.

Liliiose Rutagengwa works for ARBEF a local association that promotes better reproductive health in Rwanda . The association works in partnership with prisons in Rwanda to raise awareness about AIDS and provides free counselling and testing services to detainees. “It is very difficult to deal with the fact that one is HIV positive, but we counsel our clients and tell them that they can live positively and live long. We advise them not to indulge in risk behaviour that could lead them to infect others or re-infect themselves”, tells Rutagengwa.

As a result of the counselling, many prisoners now understand more about HIV and AIDS. Some volunteer to test their health status.

“I decided to test because I want to clarify my status. I am not married but if I leave prison without AIDS I will have to choose my partner carefully and both of us will require an AIDS test before living together”, tells Ntakaburinvano Abubakar a prisoner.

“If I am positive and my wife is not, I will make sure I don't infect her. Just as we have been taught, I will try to be careful not to engage risky behaviour in order to lead along and healthy life”, says another prisoner, Karamage Janvier. He says he has achieved much from the counselling sessions. “We have been told that there are organisations that support people living with AIDS. If I find out that I am infected I will go to those organisations”, he adds.

But for younger prisoners, even if they attend ARBEF's Prison sensitization program, it's sometimes difficult to follow the advice.

“Some boys don't even get enough food to eat. So, often older prisoners use food, money or influence, to lure them into sex”, Uwitonda revealed.

Some prisoners appear not to know HIV might spread. “I don't know how AIDS is spread in prison. No idea. I was detained only recently”, Mugisha Innocent says.

With ignorance, comes denial too. None of these we interviewed could accept or admit some men share sex in Rwanda 's prisons.

Even those who follow the ARBEF program on a personal basis are reluctant to discus it in the wider context. “Of course, everyone enters prison thinking they don't have AIDS. How they get the virus? I can't tell”, says Ntakaburinvano.

However, Antoinette Mukashema a medical assistant at Kimironko prison seems to know better. “We do not have female prisoners here so we wonder how people get infected. Apart from those who come in already infected, many get it through homosexuality”, Mukashema observes.

Francois Mazimpaka has been in jail for ten years. Like many long term prisoners, he lags behind in current affairs, including medical advice on AID. Although he is ready to test for HIV, he is too reluctant to admit that some prisoners get infected in jails. “Before I came here I had an active sexual life, that's why I decided to find out whether I am alright. I can assure you, there are no people who get AIDS while in prison. However, newly detained prisoners show signs of infection early, because of poor nutrition”, Mazimpaka adds.

Mazimpaka is not anxious about the outcome of the AIDS test. “I am confident that I don't that I don't have AIDS. For ten years I have been locked up, how could I possibly be sick”? he tells.

Harriet Mukarwizano a lab technician at ARBEF says prisoners have many different attitudes towards HIV/AIDS, but the main thing is that they are listening. “We started this program in August, to establish HIV status among prisoners. Since we begun, 348 detainees from Kimironko prison have come for testing and counselling”, Mukarwizano remarks.

So despite what might be described as a state of ignorance and denial among prisoners, there appears to be progress too.

But life in prison is only half the story. What about life after prison?

“The release of prisoners will increase the rate of infection. These people are human, when they are set free after all these years, they will have sexual needs. I doubt whether they will have the courage to inform their partners if they are HIV positive”, declares Kayiganwa from AVEGA.

Charles Uwitonda was set free 14 months ago. He disagrees that released prisoners will increase the spread of AIDS. On the contrary, he reckons prisoners often know more about AIDS than people outside. “HIV and AIDS were widely discussed in prison. We are taught about prevention, infection and re-infection. We are told what to do if we find we are HIV positive. AIDS is not just a problem in prison but also outside, it has claimed many lives. I lost my wife a week after my release. We had four children, one also died”, Uwitonda argues.

Anastase Rwabulindi 72 spent six years in prison. Since his release last year, he has been living with his family in Gasata district, Kigali city. “During my prison term, I saw some who suffered from boils, skin diseases and other terrible pains, until they died. When I was released, I discovered the same disease that was also claiming lives back home. We have buried several people in our neighbourhood, who are said to have died of AIDS”, says Rwabulindi.

Some of the residents of Gasata we talked to said released prisoners will have no impact on HIV prevalence in their community.

“I am married. So there is no way an ex-prisoner or any other man is going to give me AIDS. He is not my husband; I don't indulge in such behaviour. I think that with or without the release of prisoners, anyone who sleeps around or is not careful will get infected and infect others”, notes Mukagasana Marita, a resident of Gasata.

Lillian Uwera another resident of Gasata agrees that high- risk sexual behaviour is the real problem, not ex-prisoners. If you play with fire, she says, you will get burned. “Those who go with different men will definitely catch the disease. If someone is not your husband you should not sleep with them”, says Uwera.

Some people say a little knowledge is a dangerous thing. But with HIV/AIDS, it seems a little knowledge might save your life. “I don't know much about AIDS, except that many people die from it. I think that those who sleep around will get the virus” tells Nyirasambu Bernadette, also a resident of Gasata.

So it is clear that a lot still needs to be done to curb the spread of AIDS IN Rwanda, and spread awareness about AIDS.

Since ARBEF started providing testing and counselling services in prisons, only 18 have openly declared they are HIV positive.

To help reduce such prejudice, prisons have formed associations to bring together people living with AIDS. The association in Kimironko prison has 43 members.

“To limit infection, we have sensitization program on the issue of HIV/AIDS. Some prisoners don't know that AIDS can be spread through homosexuality. Some come to us asking, how I come I've got AIDS, when I haven't seen a woman in years” says

Mukashema Antoinette, a Medical Assistant in Kimironko Prison.

According to Antoinette, there is no distribution of condoms in prisons. “No we can't do that because then we would be legalising the practice. All we can do is carry out daily sensitization sessions on HIV/AIDS, to try and change their behaviour”, Mukashema indicated.

The society for Women and AIDS in Africa lobbies the Rwandan government to lift a ban on the distribution of condoms in prison, but without success. The Government says that the Rwandan constitution does not recognise “same sex” relationships, so giving condoms to prisoners is against the law.

We asked the prison authorities this. Wouldn't condoms prevent AIDS?

“I think that distribution of condoms to prisoners would be disastrous gesture. We would be giving them the right to homosexuality. I have had discussions with a few prison directors and we agreed to maintain our control systems”, affirms the Director of prisons in Rwanda , Balinda Steven.

He said the prisons have implemented a number of measures to guard against the spread of AIDS through homosexuality. “We have been devised the usual means of trust, beside daily controls and intelligence networks from within. We find what we call people of integrity among the prisoners, and we give them this responsibility”, adds the Prison Director.

This debate will no doubt continue. Some say condoms in prison would prevent AIDS spreading in Rwanda and save lives. Other say condoms in Rwanda 's prisons would break the Rwandan law.

What is certain is that some Rwandans in and out of prison are infecting others day by day, week by week.

Perhaps the most important question is this: do Rwanda 's current sensitization campaigns and prevention mechanism work fast enough and actively enough, to reduce the rate of infection, or not?