Rwanda: Jurisdiction of the gacaca courts in civil matters; particularly whether gacaca courts have the authority to determine property ownership (2004-2006)

An article from a Rwandan newspaper about the gacaca courts indicates that offences related to the destruction of property are judged at the cell level [smallest municipal administrative division] (The New Times 21 June 2006). According to the Organic Law Establishing the Organization, Competence and Functioning of Gacaca Courts Responsible for Prosecuting and Trying the Perpetrators of Genocide and Other Crimes against Humanity Committed Between 1 October 1990 and 31 December 1994 (Loi organique portant organisation, compétence et fonctionnement des juridictions gacaca chargées des poursuites et du jugement des infractions constitutives du crime de génocide et d'autres crimes contre l'humanité commis entre le 1er octobre 1990 et le 31 décembre 1994), the cell-level gacaca courts have jurisdiction over matters regarding [translation] "offences against property" (Rwanda 19 June 2004, Art. 41). Article 75 indicates that [translation] "defendants accused of committing offences against property shall make reparations for damages to other people's property" (ibid., Art. 75), while Article 95 stipulates that

[translation]

the reparations for damages caused shall be made as follows:

1. return the stolen goods, if possible;

2. pay for the damaged goods or provide work that equals the value of the damaged goods. (ibid., Art. 95)

According to Lawyers Without Borders (Avocats sans frontiers, ASF), the 2004 law on gacaca courts largely overlooks reparations for victims: [translation] "only damages to property shall be considered and can result in a civil conviction" (Mar. 2005).

Although gacaca courts were granted criminal jurisdiction in 2002 as a result of the 1994 events, Freedom House indicates that in 2004 there continued to be disputes related to property rights because no government policy or legislation in the area was in place (June 2005). However, Human Rights Watch (HRW) notes that a law on property rights was adopted in 2005 (18 Jan. 2006). No information on this law could be found among the sources consulted by the Research Directorate.

Country Reports on Human Rights Practices for 2005 indicates that certain individuals have made false accusations before the gacaca courts in order to acquire land (8 Mar. 2006, Sec. 1.e) and that a non-governmental organization reported that "residents in one province were refused land rights unless they provided a gacaca certificate attesting that they were not implicated in the genocide" (8 Mar. 2006, Sec. 1.f).

Sources did not agree on the jurisdiction of gacaca courts in determining land ownership. The following information was provided during a 20 July 2006 telephone interview with the Executive Secretary of the League of Human Rights in the Great Lakes Region (Ligue des droits de la personne dans la région des Grands Lacs, LDGL), a non-governmental organization in Kigali whose mission is to [translation] "defend . . . and promote human rights and fundamental freedom in the countries of the African Great Lakes region" (LDGL 12 June 2005). The gacaca courts were established to identify the perpetrators of crimes after the 1994 "genocide" (ibid. 20 July 2006). The gacaca courts have the authority to judge crimes related to stolen or damaged property but not to determine property ownership (ibid.). Consequently, any person who claims a right to property must address the common law courts, and not the gacaca courts (ibid.).

A legal officer from the Gacaca Courts National Service (Service national des juridictions gacaca, SNJG) stated in correspondence with the Research Directorate that gacaca courts are [translation] "charged with prosecuting and trying the perpetrators of genocide and other crimes against humanity committed between 1 October 1990 and 31 December 1994, as well as crimes under the penal code that . . . were committed with the intent of committing genocide or other crimes against humanity" (SNJG 25 July 2006a). The legal officer also indicated that cell-level courts had the authority to hear property-related crimes, but that no appeal was possible in those cases, in accordance with Article 94 of the law on the gacaca courts (ibid.). Moreover, [translation] "the gacaca authorities can take protective measures regarding the property of presumed perpetrators of genocide offences" if it is believed that the property will be sold illegally (ibid.).

During a 25 July 2006 telephone interview, the same legal officer noted that the gacaca courts had the authority to determine property ownership if the property was stolen during the 1994 "genocide" (SNJG 25 July 2006b). Moreover, [translation] "in cases where the same person plundered and committed other genocide-related crimes, the person shall be judged by the sector court or his or her file shall be transferred to the public prosecutor's office (Parquet), depending on the category of the offences that the person committed" (ibid. 26 July 2006). In such cases, the court would have the authority to render a decision on the offences against property and on the other crimes that the accused is charged with (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Avocats sans frontières (ASF). March 2005. "Zoom... Les juridictions gacaca au Rwanda." Newsletter 2005 – II. [Accessed 18 July 2006]

Country Reports on Human Rights Practices for 2005. 8 March 2006. "Rwanda." United States Department of State. [Accessed 18 July 2006]

Freedom House. June 2005. Sara Rakita. Countries at the Crossroads 2005: A Survey of Democratic Governance. [Accessed 18 July 2006]

Human Rights Watch (HRW). 18 January 2006. "Rwanda." Rapport Mondial 2005. [Accessed 18 July 2006]

Ligue des droits de la personne dans la région des Grands lacs (LDGL). 20 July 2006. Telephone interview with the Executive Secretary.
_____. 12 June 2005. "Présentation : Qu'est-ce que la LDGL?" [Accessed 20 July 2006]

The New Times [Kigali]. 21 June 2006. Edwin Musoni. "Gacaca for July." [Accessed 17 July 2006]

Rwanda. 19 June 2004. Loi organique portant organisation, compétence et fonctionnement des juridictions gacaca chargées des poursuites et du jugement des infractions constitutives du crime de génocide et d'autres crimes contre l'humanité commis entre le 1er octobre 1990 et le 31 décembre 2004. [Accessed 17 July 2006]

Service national des juridictions gacaca (SNJG). 26 July 2006. Correspondence from a legal officer.
_____. 25 July 2006a. Correspondence from a legal officer.
_____. 25 July 2006b. Telephone interview with a legal officer.

Additional Sources Consulted

Publications: Jeune Afrique.

Internet sites, including: Amnesty International, Factiva, Jeuneafrique.com, Ligue des droits de la personne dans la région des grands lacs, Office of the United Nations High Commissioner for Human Rights (UNHCR), Penal Reform International, Service national des juridictions gacaca.