Rwanda’s Gacaca Courts and Gender-Based Violence with Dr Judith Rafferty

In this episode of the Conflict Tipping podcast, host Laura May speaks with Dr Judith Rafferty, an expert mediator and researcher, about the complex role of Rwanda’s Gacaca courts in addressing sexual violence in the aftermath of the Rwandan Genocide. Dr Rafferty draws on her extensive experience and research to explore how these community-based justice mechanisms handled gender-based violence cases and whether they met the justice needs of survivors.

Key Highlights:

• Dr Rafferty’s Journey into Sexual Violence Research: Discover what led Dr Rafferty to focus on conflict-related sexual violence, beginning with her work in the Central African Republic and her exposure to informal justice systems.

• Understanding the Gacaca Courts: Learn about the history and purpose of Rwanda’s Gacaca courts, traditional community-based justice processes that were reimagined to address the aftermath of the genocide.

• Sexual Violence in the Gacaca Courts: Dr Rafferty explains how sexual violence cases were eventually incorporated into the Gacaca system, and the challenges this brought for victim-survivors.

• Justice Needs of Survivors: Explore the justice needs identified in Dr Rafferty’s research, including safety, validation, and perpetrator accountability, and how the Gacaca courts succeeded or fell short in meeting these needs.

• Social Cohesion and Healing: A discussion on whether the Gacaca courts were able to foster societal healing and reintegration for survivors of sexual violence, and the ongoing challenges faced by survivors today.

This episode provides valuable insights into the intersection of traditional justice systems, gender-based violence, and post-conflict recovery in Rwanda.

Links:

• TEDx Talk: When Sorry Seems to be the Hardest Word. But I Don’t Care | Judith Herrmann
• 3-Minute Thesis: Judith Rafferty for Conflict Management and Resolution
• Policy Brief: Sexual Violence After Genocide
• Journal Article: Justice Interests of Female Victim-Survivors of Sexual Violence in Gacaca
• Article: Interviewing Rwandan Survivors of Sexual Violence
• Critical Analysis: Transitional Justice Measures in Gacaca

Full Citations:

• Herrmann, J. (2017). When sorry seems to be the hardest word, but I don’t care. TEDxJCUCairns. Link to TEDx Talk
• Rafferty, J., & Fox, N. (2023). Sexual violence after genocide. Policy Brief. International Association of Genocide Scholars. Link to Policy Brief
• Rafferty, J. (2018). "I wanted them to be punished or at least ask us for forgiveness”: Justice interests of female victim-survivors of conflict-related sexual violence and their experiences with Gacaca. Genocide Studies and Prevention: An International Journal, 12(3), 95–118. Link to Article
• Herrmann, J. (2017). Experiences, challenges, and lessons learned; interviewing Rwandan survivors of sexual violence. Griffith Journal of Law & Human Dignity, 5(1), 165–188. Link to Article
• Herrmann, J. (2012). A critical analysis of the transitional justice measures incorporated by Rwandan Gacaca and their effectiveness. James Cook University Law Review, 19, 90–112. Link to Article

Timestamps:

• [00:00:00] Introduction
• [00:01:08] What drew Judith to study sexual violence?
• [00:08:35] What were the Gacaca Courts?
• [00:14:31] Rape and the Gacaca trials
• [00:19:28] Protecting victims in Gacaca
• [00:23:50] Outcomes for victims?
• [00:29:19] Justice and outcome needs of victim-survivors
• [00:34:55] Did Gacaca repair victims (enough)?
• [00:41:42] Coping with the research
• [00:44:22] Where to learn more about Judith's work