Thursday, May 31, 2007

1 June 2007 - Wow! It's June!

So…not much to report. My boss is away on a retreat. I’ve just been working on writing a report on the possible human rights violations created by the Organic Law. I’ve been reading quite a few articles, all of which are quite negative, and that is about it. Oh, the life of an intern.

The weather has been miserable. It’s suppose to be the dry season…it is definitely not. Rainy weather always makes me sleepy, and I think the people in my office feel the same. They have had the District Co-ordinator Conference this week and they have only just returned from the field last Friday. Each legal officer was out in the field training the judges on the recent changes to the law. They were out in the field for a month. I can only imagine how exhausted they are.

I think this weekend I am going to try to get away to Kibuye. Kibuye is to the west of Kigali and is on Lake Kivu. The last time I was there was in 2003, so I am excited to return and have a peaceful weekend sunbathing and reading.

Wednesday, May 30, 2007

30 May 2007

Yesterday I worked on editing a script that the National Service of Gacaca Courts has created. They have made a documentary in Kinyarwanda and are now translating it into English. They first translated it directly from Kinyarwanda, so not all of it quite made sense. I tried to go through and make some sense of it. But, if anyone ever watches it, I don’t want to get blamed for the poor English. I really did try to do my best without offending the person who did the original translation.

I also got to meet someone from the US Justice Department yesterday. They were just on their way back to the States. At the District Co-ordinator Conference yesterday, we spent about 2 hours trying to determine where the individuals were from. It was amazing. Even though most of the Rwandans now in the States have changed their names, the people at the conference were able to figure out who they all were. This country is so small. It was bizarre. Everyone knows everyone here…and these District Co-ordinators seem to have every case memorized, which is amazing considering some of the districts have over 10,000 cases.

On my way to work today I saw monkeys running around. They were like massive cats, only much cooler, and probably more dangerous if I would have been carrying food. Sometimes I forget where I am. Well, I guess it’s easy to remember when a large group of children decides to follow you around and screams ‘Muzungo, Muzungo'...this means foreigner. Usually it means white foreigner, but they will even use it towards rich Rwandans at times. At times you just want to be left alone…but this is only possible in the privacy of your own home…or possibly the fancy hotels and restaurants…but even there you get harassed on the way in or out. Most of the time they are just curious children, but even this can become irritating when they continually want to touch you and all you want to do is go home after a long day of work.

My usual taxi driver was not there today. I got stuck taking a moto taxi (motorcycle) to work. I am of course in a skirt. This requires grace which I do not possess. I am sure it’s amusing for one and all…but I had to get to work. What can you do?!

29 May 2007 - DC Training

Yesterday I attended the District Co-ordinators Training. It is a three day conference in which all of the District Co-ordinators must be present. It is of course entirely in Kinyarwanda, but one of the legal officers was kind enough to interpret for me.

There are 30 districts in Rwanda. Anywhere from 1 – 5 DC’s are assigned to a district depending on the case load. There are over 100 of them…and only one female. I asked why there was only one woman. I was told by 2 people, it was because they had to ride motorcycles through rough terrain. This was told to me in all seriousness. Some of these men are half my size. You cannot possibly tell me that it is not possible for a woman to drive a motorcycle. Anyway, I was one of maybe 10 women (the Executive Secretary is female and then other women from the office attended) and the only foreigner. As you can imagine, I caused quite a commotion.

At lunch, a large table of men begged for me to sit with them. One of the gentlemen that I work with attempted to get me to sit there…I absolutely refused. I know this was rude…But, I couldn’t really communicate with them as they were all speaking in Kinyarwanda. And, even though I don’t understand Kinyarwanda, I know that the comments being made about me were highly inappropriate.

I have taken to telling everyone I am engaged…but this does not seem to stop all of the advancements. Even the people at work have been trying to set me up with other Rwandan men. I know I should be flattered. They want me to marry a Rwandan and stay in Africa forever…but it gets old very, very quickly, and has put me in quite a few interesting situations.

The first day of the conference, each sector had to get up and give a report on what was occurring in their area. This was scheduled to take 2 hours. We spent 2 ½ hours on the first 10 sectors. And then an additional 2 hours after lunch which brought us up to 16. Then, the Executive Secretary had to leave. As did I…the room was so hot and stuffy I thought I was going to pass out. On top of the fact…an all day conference in a language you do not understand is not the most thrilling experience.

The concept of time here is such a bizarre phenomenon. I’ve been here a few times, but I still cannot get used to it. If they say something will take 2 hours, this probably means at least 6. I know this happens in a lot of other cultures around the world, so I don’t know why it’s so hard for me to understand how things never get done on time here. Maybe it’s because they will be so adamant about the time…this will really take 2 hours, I promise…and somehow I naively believe them. They aren’t lying. It’s just time means something else here. Time and money, but I won’t get into that right now.

So, apparently Gacaca is meant to be completed by the end of this year. This, of course, is impossible. But, if the government does not extend their mandate, all of these cases must be heard in what Rwanda calls the ‘Ordinary Courts.’ Even now the Ordinary Courts have a backlog just from regular everyday trials. And they are still extremely behind on Category 1 Genocide cases (those are the ones who were the masterminds behind the Genocide and committed sexual crimes). Plus, the International Criminal Tribunal of Rwanda doesn’t appear to be capable of finishing the cases they said they would take. These too will be sent to the Ordinary Courts of Rwanda. I do not know what they are going to do if they don’t extend Gacaca’s mandate.

But, they are trying really hard to push these cases through. Some of the Districts that had a lower case load have finished already. Of course, I am sure the international human rights community is not happy about the abrupt speed of the trials, but they are also upset that there are still so many people in prison that have not yet been tried; extreme delay of trial being one of the human rights violations many of these organizations have complained about. It really does seem like a no win situation. I don’t know…maybe if the International Community had done what was legally required of them under the Genocide Convention, this wouldn’t have happened, or at least not to this scale. It does seem like those who turned their backs on this country are the ones now criticizing Rwanda’s attempt to clean up the mess. Maybe this is just my ignorance…I do think it is important to made sure that human rights are being protected, but the atrocities that occurred in 1994 and before will not have an easy fix. And people should understand this and maybe pay a little more attention to areas in this world where similar situations are occurring.

At the meeting, there were quite a few problems reported, judges taking bribes, judges not fully understanding the law, survivors being harassed, etc. We even had one judge get stabbed a few times, but he is still alive, which is a miracle. But, as Kagame has said, we should not look at Gacaca as a system full of problems, we should look at it as a system which has done a lot of good but also has problems. Maybe I’ve already been brainwashed by my office, but I really do agree with that.

26 - 27 May 2007 - The Weekend

So, it’s been a busy few days. I spent Saturday sleeping in which was lovely. I’m still not feeling a hundred percent yet. I am waiting to see if what I have will go away on its own. But, I may have to see a doctor if it continues into next week. Sorry to bore everyone with the status of my health. But I am sure if I make it to a doctor, it will be an interesting experience for all.

On Saturday, after deciding I couldn’t stay in bed forever, I managed to make it to an Indian BBQ with a bunch of the ‘International Community.’ One older Indian gentleman was convinced that I looked like Drew Barrymore and proceeded to follow me around for the night. Yes, it was an interesting party. I did manage to sneak away early and get some sleep. I had to be at work by 8 the next day in order to attend Gacaca.

I arrived at the office at 8 am on Sunday, and proceeded to wait for an hour while the Executive Secretary finished her meeting with the Minister from the Netherlands. I am not quite sure what his official title is, but he was quite tall and striking (this of course has very little to do with his position.) I enjoyed riding in the Executive Secretary’s car while she rode with the Dutch officials in a bullet proof car from the President’s office. The National Service of Gacaca used to have cars. But, the government decided to make some cut-backs. One of the first things to go was transportation. So, whenever we need cars we have to hire local taxis.

Watching the Gacaca proceeding was fascinating as usual. The man was claiming he should have been placed only in Category 3 (those who only stole and looted, they do not need to remain in prison.) He admitted to stealing many things. One older man got up and stated he had stolen his refrigerator, but it had since been returned. The community thought this was pretty funny. It’s bizarre to hear laughter at these proceedings. I’m not sure how I feel about it. Of course a little comic relief can help in such stressful situations, but I’ve seen proceedings were the individual giving testimony has turned it into a stage performance and has the community in tears from laughter. This seems to make light of an extremely grave situation. It must be insulting to the survivors.

The wife also got up to testify. She was a Tutsi who had been spared. Probably due to here husband’s involvement…but this is just me speculating which is not fair. All are innocent until proven guilty…It’s hard for me to remember this at times, especially here when you listen to the stories of the survivors. The wife claimed that she was afraid of her husband and did not ask questions, so she had no idea what he had done.

The gentlemen from the Netherlands had to leave early. Just as we got up to leave, a young woman came up to testify. She had to sit while speaking. She looked quite distraught. I did not get to hear any of her testimony, but it appeared that she was claiming he had done more than just take some property.

I then went on with my boss to watch the Bench present the verdict of Byuma. The two men who were tried with Byuma were acquitted of all accusations and released. Byuma on the other hand received quite a stern lecturing from the judge (this is the judge that has been accused of rape by his organization) and received 19 years in prison. I am sure the international human rights community was not too happy about this. He of course has appealed. Who knows what happened. For all I know he really did participate. Sometimes individuals feel that they have lived such exemplary lives before and after the Genocide that the atrocities committed during the Genocide should be excused. Byuma had claimed that he did not understand that Genocide was taking place. He just basically went with the flow. The judge pointed out that Byuma was a human rights activist and should have been more than aware of what was truly occurring. At least this is how it was translated to me. It does seem that if Byuma really did do the things he was accused of, ignorance was not a very good defence. But, this is why he has the opportunity to appeal.

Friday, May 25, 2007

25 May 2007 - TGIF

So, I did not get to meet with the UN High Commissioner for Human Rights. And today is her last day here. Sort of sad. But, I did get to meet the Executive Director of Gacaca. She was very kind and excited to have me here. She wants me to be able to experience many things, which is great for me. This means I should get to travel in the near future.

I think I will be attending a Gacaca session on Sunday. It is Byuma’s trial, the one I mentioned earlier. There should be many human rights activists there and should be interesting.

Yesterday I read through the Organic Law as well as the newest additions and amendments to it. I was asked to look at the law and determine what human rights it violates. Not an easy task. There are many problems with Gacaca…but it leaves one to wonder…who gets to determine human right standards and is it really fair to impose them on a country which is lacking the proper resources to carry out these ‘fair trials.’ At least one should offer some solutions instead of continuously criticizing.

Some human rights organizations are critical of Gacaca but have attempted to work with the government and improve the Courts. Others merely criticize the entire process and offer little if any solutions. I found quite an interesting article in the Yale Journal of International Affairs at http://www.yale.edu/yjia/articles/Vol_1_Iss_2_Spring2006/chakravarty223.pdf. Well, I at least found it interesting. It examines the approach taken by Amnesty International and Human Rights Watch versus Avocats sans Frontieres (Lawyers without Borders) and Penal Reform International.

So, I’ve been looking at the various international treaties Rwanda has ratified in order to determine what exactly the fair trial standards are for Rwanda. Some of the articles I’ve found just make sweeping statements such as ‘Gacaca does not follow the international standards of fair trials.’ They just leave it at that as if that’s sufficient to condemn the Courts as one huge violation of human rights.

I’ve not been feeling great the past couple days. But, I guess this can be expected. It takes a bit to adjust to the food and environment. I am really looking forward to the weekend. I finally get to sleep in. I have to be at work by 7 am. This is a little too early for me.

Wednesday, May 23, 2007

24 May 2007 - Gacaca v. The International Human Rights Community

So…yesterday I attended a meeting with the Commission Nationale des Droits de l’Homme (The National Human Rights Commission). It was basically a chance for the various human rights organizations to check in with the National Service of Gacaca Courts as well as voice their complaints. The meeting was conducted in French, English, and Kinyarwanda. It was over 3 hours long, and like any meeting was fascinating at points, but very long and tedious for most of it. But, I learned a lot, so I am really thankful I had a chance to attend.

Gacaca recently passed a ton of amendments to their Organic Law. The meeting went over all of the changes. And then all of the organizations present at the meeting basically just attacked the Gacaca Courts. This of course is the job of the human rights organizations. They are meant to monitor the Courts and report on any problems. It’s just difficult because it seems that the National Service of Gacaca Courts is trying their best with what little resources they have. Of course there are going to be problems. There is no efficient way to deal with the Genocide. And it is virtually impossible in a country lacking basic resources.

I couldn’t follow the whole meeting (I of course speak no Kinyarwanda), but I was quite pleased that I could follow the discussions in French. I couldn’t understand all of it, and I am terrified to attempt an actual conversation in French, but I do understand some of it. For those of you who know my complete lack of talent for foreign languages may be quite shocked. However, when I’ve attempted to communicate in French (which basically has been with taxi drivers) some Spanish starts to come out…Oops. I kept wondering why they didn’t understand me…Yeah…it was because I was speaking in Spanish with a really poor French accent.

There have been quite a few changes to the Organic Law (this is the law Gacaca is based on) including changes to the categories. The Courts have categorized people into 3 (it used to be 4) different categories based on their involvement in the Genocide. So much has changed since I studied the Courts in 2003. It’s been a little confusing to get my head around all of it. I think most of the changes are to speed up the process. It’s been almost 15 years, and they’ve yet to really begin the trials. From what I’ve understood so far, they’ve only had a pilot run of the trials. There is still so much work to be done. And although justice needs to be done (or perceived to be done) there are so many other pressing matters to be dealt with here; poverty, HIV/AIDS, malaria, the fact the majority of the population is under 20. People are just trying to make it to live another day and yet there is still this huge atrocity from just a few years ago continuously lingering over them.

Apparently Louise Arbour is currently in Rwanda. She is the UN High Commissioner for Human Rights. She is coming to the office in less than an hour. Fingers crossed I can sneak into the meeting…even though it will most likely be in French. Argh! I really should have spent more time on French instead of trying to learn Spanish. Oh well!

23 May 2007 - Welcome to Rwanda

Finally!!! Between weak internet connections and a computer with settings entirely in French (my French is quite horrible) I have been able to make my first entry.

I am currently in Kigali, Rwanda. I have been here since Saturday, 19th May 2007 and I began my internship Monday, 21st May. I am working with the National Service of Gacaca Courts. I share an office with the legal officers. However, most of the lawyers are out in the field, so as of right now I have the office to myself.

I have been working on a response to Amnesty International. AI wrote quite a negative piece on Gacaca recently and has asked all of their members to write letters to the appropriate authorities to force the Gacaca Courts to provie accurate charges against one of the accused. (This of course is not how it works as Gacaca is different from the Western notions of justice and courts.) The story is quite interesting. The man who has been summoned to Gacaca, Byuma, is a human rights activist. His organization focuses on children’s rights. His organization, Turengere Abana, has accused the Presiding Judge of the local Gacaca Court of raping a 17 year old girl. Byuma is claiming that the charges against him brought by Gacaca did not come about until after his organization made the accusation against the Judge. Or that is at least how he is trying to make it appear to the international community. This of course is impossible, since all accusations were made during the initial stage of Gacaca which was the collection phase.

It’s fascinating, and sometimes I don’t fully understand things. The man I have been working with is from Uganda, so his English is perfect. I think most of the miscommunication has been based on cultural differences.

Currently a group is here from the American Justice Department. They are looking into allegations against Rwandans now living in the US. They are determining if the cases are strong enough to warrant the Rwandans to be extradited. Hopefully I will get to work a bit with them.

It’s great to be back in Rwanda. This is my 6th time here. But it has taken me a bit of time to readjust. Saturday and Sunday I hung out with the International Community. Saturday dinner was spent mainly with members from the US State Department at a Mexican restaurant. Sunday was spent at the Belgian Ambassador’s residence. There was an international food tasting day. The food was amazing. There were Swedish meatballs, raclette from Switzerland, Chinese dumplings, etc. It was amazing. Of course the American table had BBQ sandwiches, chocolate chip cookies, and brownies. It was quite amusing. Anyone who is anyone in the International Community of Rwanda was there.

I have spent time with International Communities in Tanzania, Thailand, and Mexico. Yet, all of my previous trips to Rwanda were spent with Rwandans, so this was really my first introduction to the Rwandan International Community.

Somehow they always seem to be the same people just in slightly different locations. There are the aid workers, the members of various Foreign Service offices, volunteers, journalists, sometimes students conducting research, and very few locals who have somehow managed to be accepted by the International Community. They always seem to have similar personalities and fit perfectly into their given roles. That’s not to say that there are not some amazing and unique individuals around. It’s merely an observation on how bizarre the international community or x-pat community abroad can be.

I will write about what I did today tomorrow…it’s late and time to go home for the day. And I’m a bit hungry.