tag:theconversation.com,2011:/nz/topics/kagame-87329/articlesKagame – The Conversation2022-06-23T14:29:00Ztag:theconversation.com,2011:article/1854412022-06-23T14:29:00Z2022-06-23T14:29:00ZKinyafranglais: how Rwanda became a melting pot of official languages<figure><img src="https://images.theconversation.com/files/470539/original/file-20220623-51620-2s4nw3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Rwanda has four official languages; Kinyarwanda, English, French and Swahili.</span> <span class="attribution"><span class="source">Stephanie Aglietti/AFP via Getty Images</span></span></figcaption></figure><p>Today, Rwanda is a melting pot of official languages. Although <a href="https://nalrc.indiana.edu/doc/brochures/kinyarwanda.pdf">more than</a> 99% of Rwandans speak Kinyarwanda – a Bantu language and the country’s mother-tongue – Rwanda has three other official languages: French, English and Swahili. </p>
<p>How did the Central African nation end up with four official languages? Looking at the country’s language policies and history can help us to decode the linguistic trends. As a <a href="https://journals.sagepub.com/doi/abs/10.1177/0021909619885974">researcher in these fields</a>, I’ve found that though transitions have overlapped, and that various languages are now used interchangeably, Rwanda’s melting pot of languages has also brought various benefits.</p>
<p>Between 1899 and 1918, Ruanda-Urundi – today’s Rwanda and Burundi – was colonised by the German empire and was ruled indirectly. This relied on local leaders and so the German language never really took root. </p>
<p>In 1923, following the first world war, Belgium administered Ruanda-Urundi as the seventh province of Belgian Congo. This was done under a League of Nations mandate. French was adopted by the central administration as the <a href="https://www.africa.upenn.edu/NEH/rwhistory.htm">official language</a>. Flemish, Belgium’s most widely spoken language, was mostly used by missionaries and administrators at the local level. After independence, the 1962 constitution consolidated French and Kinyarwanda as official languages. </p>
<p>Rwanda seemed well-entrenched within the Francophone sphere until the end of the 20th century. But from 1990 to 1994, France <a href="https://onlinelibrary.wiley.com/doi/epdf/10.2307/2658125">offered</a> increasing economic and military assistance to the Hutu president Juvenal Habyarimana. And after Habyarimana’s plane was shot down on 6 April 1994, <a href="https://www.history.com/topics/africa/rwandan-genocide">around</a> 800,000 Tutsi were killed in retaliation. France was <a href="https://www.amazon.co.uk/Rwanda-ils-parlent-T%C3%A9moignages-lhistoire/dp/202141888X">accused of complicity</a> – either defined as unresponsiveness or direct involvement – in the genocide for failing to protect civilians and using <a href="https://www.theguardian.com/world/2007/jan/11/rwanda.insideafrica">Opération Turquoise</a> to prop up the Hutu regime. </p>
<p>Closely associated with the colonial era and a genocide, the French language was progressively sidelined as Paul Kagame rose to power. In just over a decade (1996-2009), Rwanda switched from French to English. At the time, English was then only used by a minority of Tanzanian and Ugandan immigrants, including the new government incumbents. </p>
<h2>The adoption of English</h2>
<p>Rwanda’s switch to English can either be viewed as a large-scale linguistic gamble or a carefully crafted transition. In 1996, the constitution <a href="https://www.axl.cefan.ulaval.ca/afrique/rwanda.htm">enthroned English</a> as an official language; in 2007, Rwanda <a href="https://www.eac.int/eac-partner-states/rwanda">joined</a> the East African Community; in 2008, <a href="https://www.researchgate.net/publication/275122876_Policy_without_a_plan_English_as_a_medium_of_instruction_in_Rwanda">English became</a> the medium of instruction at all school levels; and in 2009, Rwanda <a href="https://thecommonwealth.org/our-member-countries/rwanda">became a member</a> of the Commonwealth. </p>
<p>In education, East African Community membership enabled Rwanda <a href="https://researchmap.jp/read0060133/published_papers/14967519?lang=en">to harmonise</a> schools and universities’ curricula with neighbouring member countries. Comparatively higher than Francophone West Africa in the 2000s, the East African Community economic growth rate <a href="https://www.imf.org/external/pubs/ft/wp/2014/wp14150.pdf">also spurred</a> the flow of goods and labour from and to the Indian Ocean, thus helping Rwanda overcome its landlocked position. </p>
<p>Tilting towards the English-speaking sphere <a href="https://thegiin.org/assets/documents/pub/East%20Africa%20Landscape%20Study/08Rwanda_GIIN_eastafrica_DIGITAL.pdf">significantly increased</a> Rwanda’s attractiveness in terms of foreign direct investment and official development assistance, especially from the US and the UK. </p>
<p>But apart from mere economic parameters, does the imposition of new languages fit in with the lives of Rwandans?</p>
<h2>Kinyafranglais</h2>
<p>Colonisation, genocide and changes in official languages have resulted in the hybridisation of languages. A mix of Kinyarwanda, French and English – dubbed <a href="https://www.ajol.info/index.php/rje/article/view/111556">kinyafranglais</a> – has become a household “language”. Conversations slip from one language to another and sentences are peppered with words from all of them. </p>
<p>The mix of languages can also be seen beyond the household. In 2011, public curricula reverted to Kinyarwanda as the medium of instruction for the first three years at primary school. English was introduced from the fourth year and French was sidelined. Some private schools still bolster French and English as the language of instruction. </p>
<p>Government announcements are made in English on international issues, in Kinyarwanda when domestic audiences are targeted and in French for Francophone-specific items. Citizens in their 30s and above are more likely to master French while those who graduated from high school or university after the pivotal year of 2008 speak fluent English. And city-dwellers, being more exposed than rural people to foreigners and English media, tend to have a slightly better command of English. </p>
<p>This far from complete transition to an all-out English environment is likely to persist for two main reasons: the resilience of Kinyarwanda and Swahili; and Rwanda’s double allegiance to the <a href="https://www.francophonie.org/">Organisation Internationale de la Francophonie</a> and the Commonwealth. </p>
<h2>Local trends</h2>
<p>Looking to the future, things may continue to shift. Throughout the years, Kinyarwanda never ceased to act as the vernacular lingua franca. In parallel, recent eastward pressures are reinvigorating Swahili within and beyond its traditional military, Muslim and business circles. </p>
<p>Regulations from the African Union and East African Community <a href="https://www.eac.int/press-releases/138-education,-science-technology-news/2419-eac-sectoral-council-on-education,-science-and-technology,-culture-and-sports-scestcs-adopts-roadmap-for-implementation-of-kiswahili-and-french-as-official-languages-of-the-community">encourage</a> the use of Swahili in official documents. And last year Rwanda requested Tanzania <a href="http://apanews.net/en/news/rwanda-seeks-to-hire-kiswahili-teachers-from-tanzania">to dispatch</a> Swahili teachers with a view on upgrading it as a principal subject at school.</p>
<p>With infrastructure projects connecting the Swahili-speaking area ranging from Eastern DR Congo to Dar es Salaam in Tanzania and Mombasa in Kenya, Swahili’s status is rising in the hub that Rwanda has turned itself into.</p><img src="https://counter.theconversation.com/content/185441/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jeremie Eyssette does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Colonisation, genocide and changes in official languages have resulted in the hybridisation of languages. A mix of Kinyarwanda, French and English is dubbed kinyafranglais.Jeremie Eyssette, Assistant Professor, Chosun UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1829842022-05-24T14:17:57Z2022-05-24T14:17:57ZCommonwealth in Kigali: another chance for Rwanda’s Kagame to project soft power<figure><img src="https://images.theconversation.com/files/462787/original/file-20220512-21-36t62r.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A Commonwealth summit in Kigali enables Kagame to position himself at the centre of international diplomatic networks. </span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/paul-kagame-of-rwanda-arrives-to-the-executive-session-of-news-photo/948692520?adppopup=true">Dominika Zarzycka/NurPhoto via Getty Images</a></span></figcaption></figure><p><em>Rwanda is getting its turn to host the Commonwealth Heads of Government Meeting from 20 June to 25 June 2022. The grouping of former imperialist Britain power plus its dismantled empire of former colonies, protectorates, and mandates has not had its biennial summit since 2018 because of COVID restrictions. Rwanda, one of the five ‘non-British Empire’ member states, joined the 54-member organisation in 2009. Political scientist Keith Gottschalk unpacks key points of the Kigali meeting</em>. </p>
<h2>What’s the history of the Commonwealth?</h2>
<p>After the second world war, the United Kingdom dropped the use of terms like “British Empire” and “Imperial”. As each colony, protectorate or mandate gained independence it was invited to join the Commonwealth of Nations, which was formed in 1949. The Commonwealth is viewed as an inter-governmental organisation of equals. </p>
<p>The British monarch is only its ceremonial head. Its working secretariat is elected. Today, it is one of the largest international governmental organisations, surpassing its Francophone, Lusophone and Islamic equivalents. As a symbol of formal equality, it rotates its summits among members. The first summit was held in Singapore; the most recent in London. They are usually held every second year.</p>
<h2>What’s its relevance in today’s world?</h2>
<p>Relationships between a former imperialist power and an ex-colony are often fraught. The former imperialist power may dominate the economy of its colony for up to a century after “flag indpendence”. For example, South Africa got independence <a href="https://www.sahistory.org.za/article/union-south-africa-1910">in 1910</a>, but only a century later did its trade and investment with China overtake that from the UK.</p>
<p>The Commonwealth has done remarkably well in retaining membership, and in comity of relations, despite these background tensions. Associated entities range from the Commonwealth Parliamentary Association to university links. Publishers open branches in other Commonwealth countries: Oxford University Press is the most prominent of these.</p>
<p>The average country in the developing world cannot afford to maintain more than ten or a dozen embassies abroad. Summits like the Commonwealth Heads of Government Meeting provide useful opportunities for networking. It brings over 50 heads of government to the same town at the same time. It is convenient to arrive a day early, or depart a day late, to allow time for lobbying as well as wheeling and dealing.</p>
<p>Past summits have not had dramatic outcomes, but cleared the air through discussions and negotiations about why different governments follow different policies.</p>
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Read more:
<a href="https://theconversation.com/why-the-commonwealth-endures-despite-being-written-off-by-the-left-and-the-right-47142">Why the Commonwealth endures despite being written off by the left and the right</a>
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<h2>For ‘non-British Empire’ states, what’s the attraction?</h2>
<p>Many states find it a gain in prestige and influence to add the Commonwealth to their portfolio. Rwanda, Cameroon, Mozambique, Mauritius and the Seychelles are all examples of states with multiple international affiliations. (Mauritius and the Seychelles were ruled successively as French, then British colonies.) </p>
<p>In the case of Rwanda, joining the Commonwealth was also intended as a diplomatic slap in the face to the French government from a Francophone country. Rwanda was a German colony, then a Belgian mandate, and was never under British rule. But the central Africa nation has been viewed as a French <a href="https://www.researchgate.net/publication/262127022_Rwanda_and_the_Desperation_of_France">enclave</a> in Africa.</p>
<p>Rwanda has been <a href="https://www.theguardian.com/world/2006/dec/07/france.rwanda">bickering</a> with France for nearly 30 years, over involvement in the 1994 genocide. It’s only since the 2021 visit to Kigali by President <a href="https://www.bbc.com/news/world-europe-57270099">Emmanuel Macron</a> that relations seem to have taken a positive turn.</p>
<h2>What does Rwanda gain by hosting the summit?</h2>
<p>It gives President Paul Kagame prestige and soft power. Kagame is often <a href="https://lejournaldelafrique.com/en/paul-kagame-le-dictateur-prefere-de-loccident/">termed</a> “the west’s favourite dictator” because he gets no public criticism from states in Europe and northern America. But he receives a steady trickle of <a href="https://afjn.org/documents/2015/07/kagame-death-squad-trail.pdf">criticism</a> from civil society groups over repression of rivals at home and dispatch of death squads to assassinate opponents abroad. </p>
<p>Author and journalist Michela Wrong’s <a href="https://www.theguardian.com/books/2021/apr/13/do-not-disturb-review-the-disturbing-death-of-a-rwandan-dissident">Do Not Disturb</a> bestseller, and reactions to the jailing of <a href="https://www.bbc.com/news/world-africa-58604468">Paul Rusesabagina</a>, who saved lives in Rwanda’s genocide, are just the latest examples of this undercurrent of condemnation.</p>
<p>Ascension to the African Union chairmanship in 2018 brought more prestige to Kagame than usual for other chairs. His <a href="https://au.int/en/aureforms/overview">proposal</a> to the African Union to narrow its focus in the interests of efficiency, and revise its collection of annual membership dues was widely accepted. This international role brought much positive publicity (in Africa) to Kagame and Rwanda.</p>
<p>A Commonwealth summit in Kigali enables President Kagame to showcase the modernity of his capital, and position himself as central in international diplomatic networks. Kigali has an impressive <a href="https://www.kcc.rw/">convention centre</a>, for instance. Kagame also gets the opportunity to project all the positive dimensions of his achievements such as economic growth (which <a href="https://www.worldbank.org/en/country/rwanda/overview#1">averaged</a> 7.2% over the decade before the COVID-19 outbreak) and a pro-information technology <a href="https://www.minict.gov.rw/fileadmin/user_upload/minict_user_upload/Documents/Policies/ICT_HUB_STRATEGY.pdf">policy</a> that includes <a href="https://www.newtimes.co.rw/technology/connect-rwanda-smartphone-household-every-village">distributing</a> smartphones to households. </p>
<p>The summit will no doubt include tours of the 1994 genocide museum for the visiting heads of state and government, and accompanying media.</p>
<p>Rwanda is a continental <a href="https://contraceptionmedicine.biomedcentral.com/track/pdf/10.1186/s40834-018-0072-y.pdf">leader</a> in effective family planning. Rwanda also boasts the <a href="https://www.unwomen.org/en/news/stories/2018/8/feature-rwanda-women-in-parliament">world record</a> for the highest percentage of MPs who are women, over 60%. This is especially rare in African parliaments.</p>
<h2>What are the risks of such a high-profile event?</h2>
<p>There are dangers in the spotlight. Some human rights protest organisations could use the opportunity to seek media attention, to argue that it is inappropriate for a country with Kagame’s human rights record to host the Commonwealth summit. Rule of law, human rights, freedom of expression and democracy are some of the <a href="https://thecommonwealth.org/charter">values</a> of the Commonwealth. Rights groups could organise protests outside Rwandan embassies in western countries.</p>
<p>And should Rwandan troops in the Democratic Republic of Congo be involved in battles, or minerals looting, during the summit, this could also detract from the summit prestige accruing to Kagame. But overall, this Commonwealth summit will be another feather in the cap of President Kagame.</p><img src="https://counter.theconversation.com/content/182984/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Keith Gottschalk is an ANC member, but writes this article in his professional capacity as a political scientist.</span></em></p>Summit provides opportunity to showcase modernity of Kigali and government achievements.Keith Gottschalk, Political Scientist, University of the Western CapeLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1829492022-05-16T14:55:26Z2022-05-16T14:55:26ZRwanda: LGBT rights are protected on paper, but discrimination and homophobia persist<figure><img src="https://images.theconversation.com/files/462777/original/file-20220512-17-veiydd.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A church-goer attends an inclusive church for the LGBTI community in Rwanda. </span> <span class="attribution"><span class="source">SIMON WOHLFAHRT/AFP via Getty Images</span></span></figcaption></figure><p>“From today, I no longer want to be called your mother, if you don’t want to change you can leave my house and come back when you are a transformed person, when you are a man.” Chris (not his real name) a queer transgender person from Rwanda recalls the words of their angry mother. That was the last time Chris interacted with their mother. She chased Chris away and, from then on, they had to fend for themself.</p>
<p>Not only was Chris rejected by family but also by religious leaders in different churches. Chris, a talented musician, sought refuge in the church where they were given a chance to train in worship but as soon as they realised Chris’ gender identity, they were excommunicated by the church. </p>
<p>“I faced discrimination when accessing medical care and I no longer enjoyed the family medical scheme benefits that I had access to before my mother withdrew them. Each time I went to the hospital and explained to the doctors the pain I was in since I had contracted an anal rectal sexually transmitted infection, they were judgemental. This was very stressful, I went into depression and contemplated suicide. To add to this, I started abusing drugs,” Chris told me.</p>
<p>This is a common story across many African countries – same-sex relations are <a href="https://www.humanrightsfirst.org/sites/default/files/HRF-HRC-Africa-Report.pdf">criminalised</a> in 37 countries. But <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-021-10314-w">even where</a> the law is grey or it is legal, sexual and gender minorities are plagued by social exclusion, stigma, discrimination and human rights abuses.</p>
<p>I’m part of a team at the African Population and Health Research Center that seeks to generate evidence to deepen the understanding of the life experiences of sexual and gender minorities. The idea is that this will then inform policies on social inclusion and well-being of lesbian, gay, bisexual and transgender (LGBT) people. We have, so far, completed four studies in Kenya and Rwanda.</p>
<p>We recently conducted <a href="https://aphrc.org/publication/examination-of-lgbt-peoples-lived-experiences-and-public-perceptions-of-sexual-and-gender-minorities-in-rwanda-3/">a study</a> in Rwanda on the lived experiences of LGBT people and public perception. We found that discrimination is rife, but steps can be taken to address it.</p>
<h2>Rwanda and the LGBT community</h2>
<p>Rwanda is one of the few African countries that has assented to international conventions and continental frameworks that protect the human rights of all citizens, including the <a href="https://www.ohchr.org/en/sexual-orientation-and-gender-identity/resolutions-sexual-orientation-gender-identity-and-sex-characteristics">UN Declaration on Sexual Orientation and Gender Identity</a> and the UN Report on Sexual Orientation and Gender Identity LGBT Populations. The country is also a signatory to the <a href="https://cdn.sida.se/app/uploads/2021/05/07084831/rights-of-lgbt-persons-rwanda.pdf">2011</a> United Nations statement condemning violence against LGBT people and <a href="https://www.ohchr.org/Documents/Issues/Discrimination/Endingviolence_ACHPR_IACHR_UN_SOGI_dialogue_EN.pdf">has joined</a> nine other African countries to support LGBT rights.</p>
<p>Within Rwanda, however, domestic policy on LGBT rights is a grey area. <a href="https://www.constituteproject.org/constitution/Rwanda_2010.pdf">Article 26</a> on marriage recognises marriage between biological male and female. This law amplifies ambiguity on Rwanda’s stance on the legality of LGBT people, resulting in a fragile social environment. </p>
<p>Our study, in partnership with the <a href="https://hdirwanda.org/">Health Development Initiative</a> covered six districts within the capital Kigali and the southern province of Rwanda. </p>
<p>We conducted in-depth interviews and focus group discussions with LGBT individuals and leaders, and a survey with the general public to get a deeper understanding of LGBT people’s lived experiences. We also spoke with members of the public, specifically members of civil society organisations, teachers, healthcare providers, security operatives, and local authorities. </p>
<p>We found that, even though Rwanda is considered to be progressive on LGBT issues, negative attitudes undermine the lives of sexual and gender minorities.</p>
<p>About three in four (74%) members of the public indicated that the sexual acts or gender expressions of LGBT people are ungodly while 49% felt that LGBT individuals were unnatural. Half (50%) believed that homosexuality, bisexuality, and transgenderism resulted from too much freedom and liberty. </p>
<p>A significant number of LGBT people reported experiencing hostility from families and the larger community, such as in cultural places, in their work, places of residence and when trying to access health services. High stigma and discrimination is commonplace among the larger community towards the LGBT community. </p>
<p>LGBT people are subjected to conversion therapy – where they’re taken for prayers in the hope that they’ll be exorcised from their homosexual tendencies. They’re also rejected and subjected to the use of negative rhetoric and language. </p>
<p>In 2016, Rwandan president Paul Kagame said that living in Rwanda as an LGBTI person <a href="https://youtu.be/j8WgV6lAGAk?t=28">“has not been our problem, and we do not intend to make it a problem”.</a>. Despite this, the government lacks legal mechanisms to protect LGBTI people as social injustice against them prevails. As a result, there are many forms of inequalities which have consequences on the social exclusion of LGBT people. </p>
<h2>Steps to take</h2>
<p>There are various steps that the government and civil society organisations can take to rectify this. </p>
<p>There should also be programmes that raise community awareness about LGBT people. </p>
<p>Awareness campaigns must be conducted amongst LGBT people. They must be made aware of their human rights and the legal protections available to them. This would foster acceptance of gender and sexual diversity. This can be done directly at the community level or with the help of trained community leaders, such as religious leaders.</p>
<p>Training on human rights is also key. This should be provided to healthcare workers, law enforcement officers, members of the media and education sectors, judges and lawyers. Such training must include the rights of LGBTI people to access services.</p>
<p>Finally, civil society organisations should advocate for comprehensive anti-discrimination legislation and policies and the government must enact and implement resolutions to which they’re signatory. This includes the <a href="https://www.achpr.org/sessions/resolutions?id=322">African Commission on Human and People’s Rights 275 resolution</a> that address all forms of discrimination, including sexual orientation and gender discrimination. For proper follow through, law enforcement officials must know these laws and what must be done to enforce them. </p>
<p><em>Issabelah Nthambi Mutuku, a communications officer with the African Population and Health Research Center, contributed to the writing of this article.</em></p><img src="https://counter.theconversation.com/content/182949/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Emmy Kageha Igonya does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A significant number of Rwanda’s LGBT community experience hostility. This includes at work and when trying to access health services.Emmy Kageha Igonya, Associate research scientist, African Population and Health Research CenterLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1390102020-05-21T14:53:34Z2020-05-21T14:53:34ZRwandans will want Félicien Kabuga tried at home. Why this won’t happen<figure><img src="https://images.theconversation.com/files/336328/original/file-20200520-152302-w79jyk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A red marks the face of Felicien Kabuga, one of the last key suspects in the 1994 Rwandan genocide, on a wanted poster at the Genocide Fugitive Tracking Unit office in Kigali, Rwanda.</span> <span class="attribution"><span class="source">Photo by SIMON WOHLFAHRT/AFP via Getty Images</span></span></figcaption></figure><p>The man accused of <a href="https://www.cfr.org/blog/financier-rwandan-genocide-will-finally-face-justice-court">supplying</a> the funds to import the primary tools of the genocide – machetes – ahead of Rwanda’s 1994 genocide has <a href="https://www.reuters.com/article/us-france-rwanda-kabuga/rwandan-genocide-fugitive-kabuga-due-before-french-court-idUSKBN22V1FY">been captured</a> in France. Félicien Kabuga is alleged to have been the main financier of Hutu extremists in the 1994 mass killings against the Tutsi in Rwanda.</p>
<p><a href="https://www.bbc.com/news/world-africa-26875506">An estimated</a> one million Tutsis and moderate Hutus were killed within a 100 day period. </p>
<p>Prior to the genocide, Kabuga <a href="https://www.theeastafrican.co.ke/rwanda/News/The-humble-social-man-who-grew-to-be-rich-and-influential-/1433218-1459342-91ulchz/index.html">was a</a> well-known successful businessman within Rwanda. Under the regime of President Juvénal Habyarimana, which ran from 1973 to 1994, he held significant political power. </p>
<p>When the Rwanda Patriotic Front (RPF), backed by Uganda’s army, advanced to take control of the country, Kabuga fled. As did other members of the genocide government. </p>
<p>In 1997, the International Criminal Tribunal for Rwanda – an international court established by the UN in 1994 to judge people responsible for the genocide – <a href="https://www.irmct.org/sites/default/files/cases/public-information/cis-kabuga-en.pdf">indicted</a> Kabuga for his role. </p>
<p>The tribunal, which was located in Arusha, Tanzania, was dissolved in 2015. Its work was taken over by the United Nations <a href="https://af.reuters.com/article/topNews/idAFKBN22V0VI-OZATP">International Residual Mechanism for Criminal Tribunals</a>. It was set up to perform the remaining functions of both the Rwanda tribunal and the International Criminal Tribunal for the former Yugoslavia.</p>
<p>Kabuga, who is 84, <a href="https://www.france24.com/en/20200520-rwandan-genocide-suspect-kabuga-appears-before-french-court">appeared</a> before a French court this week. It will make the decision on whether to hand him over to the tribunal, which is based in The Hague, Netherlands and Arusha. Kabuga has asked to be tried in a French court.</p>
<p>The International Criminal Court was set up to hear cases of crimes against humanity, genocide, and aggression crimes. The exceptions are cases related to Rwanda and Yugoslavia, which go to the <a href="https://www.irmct.org/en/about">International Residual Mechanism for Criminal Tribunals</a>. It is the primary judicial agency responsible for cases against former genocide perpetrators in both countries. </p>
<p>The job of both the International Criminal Court and the criminal tribunal is to promote international justice. This means cases are decided and orchestrated by international judges, lawyers and institutions. The courts also enforce decisions. The rationale is that they promote universal concepts of justice over local justice.</p>
<p>But Rwandans are sceptical of the tribunal, just as they were of its predecessor. Through <a href="https://scholar.google.com/citations?user=lstwV3EAAAAJ&hl=en">my work</a> in Rwanda I found that many Rwandans don’t trust the international community’s intentions for justice. This has been fuelled by the <a href="https://www.bbc.com/news/world-africa-35070220">ineffectiveness</a> of delivering justice and reconciliation for those affected by the genocide. </p>
<p>Genocide survivors would, therefore, <a href="https://www.newtimes.co.rw/news/genocide-survivors-want-kabuga-tried-rwanda">ideally want Kabuga to be prosecuted in Rwanda</a>. But this won’t be possible – for legal and for political reasons. On the legal front, Rwanda’s National Public Prosecution Authority <a href="https://www.bbc.com/news/world-africa-52696815">has</a> already publicly stated its commitment to helping the tribunal. </p>
<p>On the political front, the Rwandan government needs to balance domestic apprehension with diplomatic relations. Turning its back on the tribunal could stir up a hornet’s nest and hurt fragile relationships with countries, like France.</p>
<h2>Scepticism</h2>
<p>From my experience working in Rwanda, Rwandans perceive international-based justice as aiding the conscience of the international community, which failed to intervene before or during the genocide. Many Rwandans believe they’re trying to remove this guilt by promoting justice for international audiences rather than for victims. </p>
<p>This is bolstered by the fact that during the 20-year existence of the International Criminal Tribunal for Rwanda, it <a href="https://unictr.irmct.org/en/tribunal">prosecuted</a> 93 people and convicted only 61. By comparison Rwanda’s local <a href="https://www.africaresearchinstitute.org/newsite/publications/how-rwanda-judged-its-genocide-new/"><em>gacaca</em></a> courts, which operated between 2001 and 2012
and processed crimes committed during the genocide, would give the accused a chance to confess and try to reconcile with those they affected or defend their innocence. Those who admitted their crimes often received fines and community service while those who pleaded innocence were found guilty were given jail sentences. An estimated <a href="http://users.soc.umn.edu/%7Euggen/NysethBrehm_Uggen_Gasanabo_JCCJ_14.pdf">two million cases</a> were tried. Around 1.6 million were found guilty or confessed to their crimes. Rwandans <a href="https://www.washingtonpost.com/news/monkey-cage/wp/2017/06/02/59162/">hail</a> the success of the courts as they fostered reconciliation and justice for Rwandan society.</p>
<p>In addition to this, the multiple <a href="https://www.justiceinfo.net/en/tribunals/ictr/41861-early-release-of-ictr-convicts-the-practice-beyond-the-outrage.html">early releases of criminals</a> convicted by the UN tribunals <a href="https://www.newtimes.co.rw/rwanda/rwanda-protests-early-release-genocide-convict-simba">introduces</a> even greater scepticism.</p>
<p>During my <a href="https://www.jstor.org/stable/26893864?seq=1">research</a>, Rwandans often wanted to be able to see and confront those who had either killed family members or raped them. </p>
<p>They argued that having these individuals face justice in another country hindered justice. They felt the accused didn’t truly pay for their crime, whether through prison sentences, retribution or reconciliation. And those convicted in the international system received prison sentences that were often more <a href="https://www.jurist.org/commentary/2008/03/un-rwanda-prisoner-agreement-ictr/">comfortable</a> in terms of access to resources than they would have been in Rwanda.</p>
<h2>Complications</h2>
<p>Kabuga’s case is complicated. The original warrant for his arrest was issued by the now-dissolved International Criminal Tribunal for Rwanda. Logic would suggest that this should now simply fall under the jurisdiction of the International Residual Mechanism for Criminal Tribunals. </p>
<p>As a result, Rwanda is not in a position simply to request Kabuga’s extradition. </p>
<p>There are other considerations against his extradition, even if it was possible. </p>
<p>First, there are question marks over whether Rwanda’s judicial system could give Kabuga a fair trial. <a href="https://www.hrw.org/report/2008/07/25/law-and-reality/progress-judicial-reform-rwanda">Human Rights Watch</a> and <a href="https://www.amnesty.org/download/Documents/60000/afr470132007en.pdf">Amnesty International</a> have accused Rwanda’s judicial system of unfair practices and heavy political interference. </p>
<p>Second, France might not want to extradite him given old alliances between the French government and the old Habyarimana regime. <a href="https://www.opendemocracy.net/en/france-and-rwandas-genocide-long-wait/">Researcher Andrew Wallis</a> shows how this relationship helped to facilitate the training of the genocide killing squads, the <em>interahamwe</em>. It also <a href="https://www.opendemocracy.net/en/rwanda_france_4183jsp/">facilitated</a> the escape of genocidal leaders into Zaire (now the Democratic Republic of Congo) and France. </p>
<p>Another consideration is that there are still Rwandans who are alleged to have been involved in the genocide who have never been brought to book and who reportedly continue to reside in France. Kabuga might be the most infamous European resident, but he’s <a href="https://www.newtimes.co.rw/news/kwibuka25-uk-called-extradite-genocide-fugitives">not alone</a>. One example is <a href="https://trialinternational.org/latest-post/agathe-kanziga-habyarimana/">Agathe Habyarimana</a>, the former wife of the Rwandan President and a <a href="https://www.theguardian.com/world/2010/mar/02/rwanda-france">primary actor</a> during the genocide’s planning, who lives in France.</p>
<p>The unfolding of what happens next, however, rests with the International Residual Mechanism for Criminal Tribunals.</p><img src="https://counter.theconversation.com/content/139010/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jonathan Beloff does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Though genocide survivors would ideally want Kabuga to be prosecuted in Rwanda, it won’t be possible, for legal or political reasons.Jonathan Beloff, Teaching Fellow, Department of Politics and International Studies, SOAS, University of LondonLicensed as Creative Commons – attribution, no derivatives.