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Rwanda Marks the 1994 Genocide: Is Never Again Possible?

16 April 2014 at 2:30 AM ET edited by Kenneth Hall

JURIST Guest Columnist Fred K. Nkusi of the Independent Institute of Lay Adventists of Kigali and Mount Kenya University in Rwanda argues that the twentieth anniversary of the Rwandan genocide is a period of mourning for those lost as well as remembrance of the international community's failure to comply with its international obligations ...

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On April 7, 2014, Rwanda held commemorative events for the twentieth anniversary of the 1994 Rwandan genocide against the Tutsi in Rwanda. As President Paul Kagame remarked in his speech: "we are gathered here to remember those who lost their lives in the genocide and comfort those who survived." The mourning week reminds Rwandans and the international community of the tragic events in 1994 in which a million Tutsi Rwandans—the minority ethnic group—were largely exterminated. While the brutal killings were occurring, the global community stood by idly and essentially spectated the mass slaughter, something Ban Ki-Moon—the UN Secretary-General— recently apologized for on behalf of the international community. As well known, the genocide lasted for 100 days, until the Rwandan Patriotic Front (RPF)—an opposition movement descended from Uganda—was able to fully liberate the country.

What has Rwanda done to prevent and punish the crime of genocide and ensure that it never happens again? What role does the international community play in preventing and punishing the crime of genocide? Why have some of the genocide perpetrators not yet been brought to justice?

In July of 1994, the RPF—the dominant political party currently—ended the genocide after the liberation war. This happened when the UN Assistance Mission in Rwanda (NAMIR)—supposedly established to bring Rwanda security—failed to live up to its mandate. The first remarkable victory by the RPF was to halt the widespread killings of the Tutsi by Hutus militias. Secondly, the newly installed RPF government designed, inter alia, legal and institutional mechanisms in response to the perpetration of genocide. This was empathized in President Kagame's speech: "we have pursued justice and reconciliation as best as we could. But it does not restore what we lost."

In response to the genocide, Rwanda adopted Organic Law No. 08/96 of August 30, 1996, organizing criminal proceedings against persons accused of committing acts of genocide or other crimes against humanity from October 1, 1990 through December 31, 1994, and established special benches of ordinary and military courts to hear the cases. Five years later, the government enacted Organic Law No. 40/2000 of January 26, 2001 [PDF], governing the creation of a new court system—the Gacaca Courts—to expedite the administration and reduce the costs of the proceedings. This law created a Gacaca Court at every administrative level of local government, particularly at the Cell level—the second lowest administrative unit. Both of these laws served as a lodestar to a legal and institutional framework in which justice could be brought against the perpetrators of genocide and other human rights violations.

At the closing of the Gacaca Courts in 2012, it is estimated [PDF] that the Gacaca Courts had tried nearly two million cases. However, not all genocide perpetrators were identified and punished for their crimes.

Currently, the Constitution of the Republic of Rwanda of June 4, 2003 [PDF], as amended to date, envisages in its Preamble that Rwanda is "[r]esolved to fight the ideology of genocide and all its manifestations and to eradicate ethnic, regional and any other form of divisions."

The existing Rwandan Penal Code punishes the crime of genocide and other serious international crimes. It not only punishes the crime of genocide, but also the denial of genocide. Organic law n° 01/2012/OL of 02/05/2012 [PDF] —instituting the penal code—describes the Rwandan crime of genocide in Article 114, which perfectly mirrors Article 2 of the UN Genocide Convention of 1948. Accordingly, Article 115 of the same penal code provides: "Any person, who commits, in time of peace or in time of war, the crime of genocide as provided in the preceding Article, shall be liable to life imprisonment with special provisions." Furthermore, Article 116 states:
Any person who publicly shows, by his/her words, writings, images, or by any other means, that he/she negates the genocide against the Tutsi, rudely minimizes it or attempts to justify or approve its grounds, or any person who hides or destroys its evidence shall be liable to a term of imprisonment of more than five (5) years to nine (9) years."

In view of the existing legal framework, can one say "never again" regarding genocide in Rwanda? The answer to the question transcends a mere declaration of words on paper, and a number of conditions will likely have to be met. First, there is a need for greater political will and support of the populace to live up to notion of 'never again genocide'—to prods us into action and awakens us from passivity, indifference or ignorance in order to defeat genocide once and for all. Second, law enforcement needs greater empowerment to act as a deterrent to genocide—to ensure a strict observance and promotion of human rights and the rule of law. Third, there must be an improvement in our awareness—by promoting the general and civil education of our children in schools and institutions of higher learning—that advance the understanding that the commission of genocide, or denial of a group's right to life, is the vilest encroachment upon human rights.

What is the role of the international community in preventing and punishing the crime of genocide? Without mincing my words, when I talk of the international community I specifically refer to the UN Security Council, whose primary responsibility—as enshrined in the first paragraph of Chapter V, Article 24, of the UN Charter—is to maintain or restore international peace and security. On October 5, 1993, while Rwanda's crisis was underway, the UN Security Council unanimously adopted Resolution 872 [PDF], establishing the UN Assistance Mission for Rwanda (UNAMIR) with explicit instructions of contributing to the security of the city of Kigali and monitoring the observance of the cease-fire agreement—during the transitional government's mandate—leading up to the elections. But UNAMIR lacked the precise authorization to halt the killing, along with enough contingent force to accomplish such a mission. On both issues the UN reneged to fulfill its directive until the volatile situation culminated into full-blown genocide. The failure of the international community to avert such a humanitarian catastrophe was an unforgivable betrayal in the eyes of many Rwandans.

Article 1 of the UN Genocide Convention requires signatory "[p]arties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish." The provision expressly places a legal and moral obligation on the international community to prevent and punish the crime of genocide.

According to Jacob Schiff's 2008 paper The Trouble with "Never Again!", after the Holocaust—when the Nazis conducted an exterminatory campaign against the Jews and other minority groups in Germany—the international community declared "never again," but there have been genocides and other mass atrocities in various countries since, most notably in Cambodia, Srebrenica, Rwanda, Kosovo, East Timor, Darfur and the current situation in Syria. Likewise, after the horrific episode in Rwanda, the international community was quick to declare 'genocide never again', but 'never again' persists throughout the world time and time again. Of course, it goes without saying that it is easier said than done. In fact, the international community's inaction portrays cynicism and indifference as opposed to hierocracy. The international community must stop merely paying lip service where urgent action is desperately needed.

In utter shame, the UN Security Council adopted Resolution 955 [PDF] as a response to the 1994 genocide and their subsequent inaction, which called for:
An international tribunal for the sole purpose of prosecuting persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighboring States, between 1 January 1994 and 31 December 1994.The International Criminal Tribunal for Rwanda ("ICTR") had jurisdiction over genocide, war crimes and crimes against humanity committed in Rwanda and neighboring countries by Rwandans within the preceding specific time frame—ratione temporis. The establishment of the ICTR was a measure to restore peace and security by forging a sense of justice; nevertheless, the UN deserves little—if any—credit precisely because it was a measure taken after failing to discharge its responsibilities in the first place. At this juncture, some of the genocide perpetrators are still shuttling around the world and have never been brought to justice. As ever disappointing Rwandans, no measures have been taken against countries harboring them. It is very likely that some of the perpetrators may go unpunished throughout the remainder of their lives. There is a general lack of genuineness by some countries to arrest the suspects or extradite them to Rwanda. Despite their dismal response to Rwanda's situation during the genocide's occurrence, today, one would laud the international community for their swift response in South Sudan, Mali and the Central African Republic (CAR), where the situations are approaching a restoration of peace and security. However, the Syrian crisis is yet another shift of the blame to the UN Security Council—which has become a dead end—where the P-5 members are safeguarding their subjective interests instead of actively resolving a dire situation.

At this particular juncture in time—as Rwandans reflect on the horrific events that occurred during the 1994 genocide—one would opine that the UN ought to revisit its legal and moral obligation outlined in its legal framework as well as the Genocide Convention of 1948.


Fred Kennedy Nkusi is a Rwandan lawyer, Lecturer and Researcher at the Independent Institute of Lay Adventists of Kigali (INILAK) and a part-time lecturer in Mount Kenya University in Kigali, Rwanda. He did his LLB at the National University of Rwanda (NUR) and received an LLM from Groningen University in the Netherlands. His areas of specialization are International Law, the law of international organizations, international criminal law and international environmental law. He is also versed in medial law and IT law.

Suggested Citation: Fred Nkusi, Rwanda marks the 1994 Genocide: is Never Again possible?, JURIST - Forum, Apr. 16, 2014, http://jurist.org/forum/2014/04/fred-nkusi-rwanda-genocide.php. 

 

 

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Paul Farmer: "To Repair the World: Paul Farmer Speaks to the Next Generation"

Wednesday, May 1, 2013 - 11:06 a.m.



Dr. Paul Farmer, co-founder of Partners In Health, an organization that builds hospitals and provides heathcare to countries afflicted by poor health conditions, attends to one of his patients in rural Haiti.
(PRNewsFoto/Austin College)


Diane speaks with renowned physician and social activist Paul Farmer. In his latest book, he encourages young people to tackle the greatest challenges of our times, from global health and poverty to climate change.

Guests
Paul Farmer
co-founder of Partners in Health and chair of the Department of Global Health and Social Medicine at Harvard Medical School.

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To Repair the World: Paul Farmer Speaks to the Next Generation

Read An Excerpt

Excerpt from "To Repair the World: Paul Farmer Speaks to the Next Generation" by Paul Farmer. Copyright 2013 by Paul Farmer. Reprinted here by permission of University of California Press . All rights reserved.

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Helping others adjust to life in the U.S

Published 07:21 p.m., Friday, February 3, 2012

Francis Sengabo, Project Director, Refugees and Immigrants Support Services of Emmaus(RISSE), stands in the santuary at Emmaus United Methodist Church Tuesday, Jan. 31, 2012 in Albany, N.Y. (Lori Van Buren / Times Union)

Francis Sengabo: Project director of Refugees and Immigrants Support Services of Emmaus and member of the Seventh Day Adventist Church in Albany

Background: Born and raised in northwest Rwanda where he graduated from National University of Rwanda with a degree in economics.

He and his wife, Nabaguma Justine, who works for Catholic Charities, live in Albany with their three children: Cynthia, 11; Jonathan, 7; and Sarah, 16 months.

You were one of six sons and two daughters growing up with your parents. Was it a religious household?

I was raised in the Seventh Day Adventist Church, where my uncle was a pastor. I attended Seventh Day Adventist schools through high school. We spoke French in school and Kinyarwanda at home.

What was your job after college?

I worked in 1990 for the country's census department. The population count was seven million, with 15 percent of them Tutsi ruling the 85 percent Hutu. My mother was Tutsi and father was Hutu. In October 1990, civil war broke out and my life took a different turn.

Rwanda had undergone a revolution in 1959 from a Belgian colony to a republic. In 1990, internally displaced persons began coming from Uganda to Rwanda. From 1990-94, the International Red Cross used me to assist with distributing food and putting my EMT training to use.

In 1994, the airplane that the Rwanda president and his advisers were traveling in was shot down. The president was Hutu, and it was assumed that Tutsi killed him. That is how the genocide started, which resulted in 800,000 people being killed, both Tutsi and Hutu.

Were you forced to flee?

I went to Tanzania in 1994 and wound up in refugee camps. The first one, where I lived from 1994 to 1996, had 400,000 people in tents. The second camp had 1,700 people. It was for people deemed "at-risk." The Tanzania police protected us. I helped organize a high school there for seventh through 12th-graders. UNICEF and local humanitarian agencies provided school supplies and built the school. I taught math and later became principal of 300 students and 19 teachers. I applied for scholarship in Tanzania and lived there, in Dar es Salaam, from 1996 to 2001. It's where I met my wife, who is Congolese.

How did you wind up in Albany?

The United Nations High Commissioner for Refugees and U.S. Committee for Refugees and Immigrants arranged it. We arrived in March 2007 and I remember it was very cold. It was a big adjustment for us. We didn't speak English. The houses were not what we were used to. Even the bathrooms were different.

The Emmaus United Methodist Church in Albany helped me a lot, a lot. They helped us integrate into life here. Somehow I succeeded. My wife works with Catholic Charities.

You're now the project director of the Refugee and Immigrant Support Services of Emmaus, which is based at Emmaus United Methodist Church in Albany. What does RISSE do and what do you do?

The program began in September 2007 with Rev. Denise Stringer, who was the pastor then, to help refugees and immigrants build a fruitful life in America. We now help 147 families, or 498 individuals, from Ethiopia, Rwanda, the Congos, Sudan, Pakistan, Iraq, Nepal, Afghanistan, Bhutan and Eritrea. The refugees need help from zero. I was teacher, cleaner, driver. Rifat Filkins, an immigrant from Pakistan, and I run the program, with help from volunteers from colleges and the community. The community is big, but resources are few. We help the refugees learn English, teach them to fill out forms and arrange for homework help for their children.

As a result of our training, 25 people have gotten jobs, many in hotels, restaurants, factories and group homes.

—Azra Haqqie

Source: http://www.timesunion.com/local/article/Helping-others-adjust-to-life-in-the-U-S-3001806.php#ixzz1mH2GIyTK

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Rwanda speaker inspires Bellarmine students

By Olivia Welsh

Published: Thursday, October 6, 2011

Updated: Thursday, October 6, 2011 16:10

Photo Courtesy: Samantha Ortiz

Photo Courtesy: Samantha Ortiz

Carl Wilkins, director of World Outside My Shoes and an Adventist missionary, gave a speech in Bellarmine's Amy Cralle Theater on Tuesday, Sept. 27. Wilkens spoke of his decision to be the only American remaining in Rwanda when the genocide began in April of 1994.

Wilkins' wife, Teresa, described their visit to Rwanda as "initially our easiest assignment," since they had already spent much time in Africa previously. Six months after the couple and their children arrived in Rwanda, however, the war had begun. His family chose to leave Rwanda while Wilkins decided to stay to fight the genocide, a decision that he and his wife both made together.

In Wilkins' speech, he spoke deeply of those he met on his journey in Rwanda. He opened with a story of two women who inspired him to keep fighting. Wilkins emphasized the importance of women's roles in these types of situations, saying there is "potential destruction of a family, community, and country when the women aredestroyed." He described his neighbors who protected him as "courageous, resilient, and compassionate" women. "If you want lasting stability, security, and development, then make sure young woman get an education." Wilkins described this as "the Girl Effect."

Wilkins' audience, made up of mostly college students, was impressed and inspired with his story and his decision to stay in Rwanda. "The speech tonight was especially meaningful to me because of my experience in South Africa," said Bellarmine junior Karen Thomas. "I believe people need to hear stories of despair, but also stories of hope."

Junior Samantha Ortiz was very moved by Wilkins' story. "It's amazing to see the capacity for compassion that people have in their hearts," she said, "We don't see many people like Wilkins, or the inspiring women in Rwanda, in our own society very often."

Wilkins encouraged his audience to take something away from his speech. "I believe that when we engage our mind and our muscles," he said, "it has a huge potential to change the way we think, which changes the way we feel and act."

Wilkins encouraged his audience to read and explore what is happening in Rwanda today. He explained that Rwanda is on the road to recovery now, but help is still needed in the country. He said we can help in many ways, whether it is by reading his book, "I'm Not Leaving" or just posting a link on Facebook with information about Rwanda's situation.

Wilkins stressed the significance of knowing what has happened in Rwanda. "I hope you go out of here with a deeper commitment...with a shift from ‘me' thinking to ‘we' thinking."

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*A small note about Bellarmine, after whom the university is named:

Robert Bellarmine

From Wikipedia, the free encyclopedia

Robert Bellarmine (full name in Italian: Roberto Francesco Romolo Bellarmino) (4 October 1542 – 17 September 1621) was an Italian Jesuit and a Cardinal of the Catholic Church. He was one of the most important figures in the Counter-Reformation. He was canonized in 1930 and is a Doctor of the Church.

Saint Robert Bellarmine
Bishop, Confessor and Doctor of the Church
Born	4 October 1542 Montepulciano, Italy
Died	17 September 1621 (aged 78) Rome, Italy