............ . . Kagame's effective skills of good governance   By George Kalisa   FIFTEEN years ago, Rwanda deserved a description connoting a country beyond a failed state. The country had been destroyed beyond repair. At the centre of the scenario was the conflict — of immeasurable magnitude, which culminated in the loss of lives of the Tutsi and moderate Hutu, estimated at one million in the infamous 1994 genocide against the Tutsi. By then, the country was absolutely engulfed in chaos and statelessness. Evident was the breakdown of institutions. There was no rule of law. The Rwandan society had been torn apart beyond what most analysts, in the region and beyond, described as the century’s worst human crisis. Countless people had been made to lead destitute lives and had lost hope of living like human beings, let alone being tormented by the trauma. The economy was in a shambles and decaying bodies scattered all over sent off a revolting stench, while the rest were rotting in trenches and pit-latrines. It remains a puzzling question whether it is this situation that repelled the international community from taking appropriate interventions or it was a pre-meditated plan to turn a deaf ear. Analysts tend to buy the latter. The government that was supposed to protect the people spent decades of years designing mechanisms of eliminating its people. This was what Rwanda President Paul Kagame and his Rwanda Patriotic Front inherited.   Rwandan voters waiting for their turn to cast their vote at a polling station in 2003   From the museum to the world map In total disbelief, the world community today finds Rwanda a model country in terms of the respect for human rights and freedoms, good governance and conflict resolution. Many skeptics, the world over, thought the unity and cohesion of the Rwandans had suffered a permanent blow and that reconciliation was far-fetched. Kagame, with rare resilience, opted to differ from them. Determined to build a new nation, the charismatic, focused and visionary leader championed the reconciliation process. Kagame came face-to-face with the reality. His first assignment was to ensure that he builds a firm foundation for sustainable peace and security to make his country safe for all Rwandans, irrespective of their imaginary differences that were crafted by the colonialists. Unlike many African leaders who preach unity and reconciliation and fail to uphold the values, Kagame has not only championed and propagated the democratic principles, but he has also lived by them to the letter. In his effort to create a national and professional army, he pursued the process of integrating the soldiers who served in the genocidal government, locally known as ex-FAR soldiers into the Rwanda Patriotic Army (RPA), the army wing of the Rwanda Patriotic Front that later evolved into the Rwanda Defense Force (RDF). It is this army with unequalled discipline that has remained committed to the pursuit of security within Rwanda and Darfur. Equipped with the principle of reconciliation, it has often captured FDLR soldiers and Interahamwe militia and handed them to their families or integrated them into the army. This is the reason Rwandans look at the RDF and Kagame as symbols of unity and reconciliation. Course of unity, justice and reconciliation As a lover of peaceful resolutions to conflict, Kagame has always given due respect to the international Criminal Tribunal for Rwanda (ICTR) whose headquarters are Arusha, Tanzania. The United Nations Security Council established ICTR in 1994 to prosecute and judge those masterminded and executed in the 1994 genocide against the Tutsi and those responsible for other serious violations of international law that occurred in Rwanda between January 1 and December 31, 1994. His government established the National Unity and Reconciliation Commission of Rwanda (NURC) in March 1999 and the body was enshrined in the 2003 Rwandan Constitution. It was hoped that the body would go a long way in rebuilding trust in the aftermath of the genocide. The genocide destroyed the social fabric of Rwandans, physical infrastructure as well as the legal infrastructure. Creation of an enabling environment that would serve as a springboard for a sustainable democratic and constitutional government was a priority. This daunting task started with intensive and extensive consultations on the type of constitution Rwandans had longed for. Kagame’s conviction was that starting a new chapter in a country with a tainted image and achieving sustainable democracy called for a concrete foundation built upon political tolerance and accommodation. Prevalence of unity and cohesion of Rwandans six years later is forensic evidence of the charismatic and visionary leadership of a soldier-turned statesman. This was a departure from the political systems that were built on despotism, segregation and populism — thriving on intimidation and rubberstamp constitutions made by a clique of cronies obsessed by pseudo nationalism (locally known as akazu). It was adopted by Rwandans in May 26, 2003 referendum before the President of Rwanda promulgated it on June4, 2003. The 2003 people’s constitution safeguards Rwandans against all forces that are responsible for Rwanda’s nasty history. Kagame has evidently and religiously trodden the path the Constitution spells in the six years. To ensure absolute protection of the people’s rights other laws to support the constitution provisions were enacted that included; law setting up the judiciary (the Supreme Court), among others. In a drive to bolster constitutional governance and public accountability, other mechanisms like the creation of the office of the Ombudsman were regarded crucial. Rwanda’s mixed legal system Also, Kagame, faced with the challenge of pursuing the course of justice, had to make a reference to the traditional Rwandan society’s concept of justice. Sources in the Rwandan justice ministry put an estimate of detainees in prisons in 1994 at 200,000 on pre-trial detention, perhaps a record number in recent world history compared with about 50,000 detainees of which between 30% to 40% are not related to genocide. The Policy of giving bail and conditional release has gone a long way in rectifying the situation in prisons. As a home-grown solution to justice in November 2002, Rwanda created the tradition justice system codenamed Gacaca with 752 courts that were increased to about 14,300 across the country. Gacaca has registered success in trying genocide detainees and has handled about 1.5 million cases contrasted to a mere 6,000 tried by the ordinary courts over a space of five years, leaving a backlog of about 6,000 cases. During the court hearing, a suspect who pleads guilty to the crimes related to genocide has his sentence reduced, thereby promoting reconciliation between the section of the population that seeks justice and that that responsible for the breakdown of justice. The other category constitutes those who committed crimes against property. A sentence of 30 years in prison is the maximum punishment that is subject to a reduction depending on the discretion. Several human rights stakeholders, including the ICTR and Human Rights Watch have acknowledged the milestone in the Rwandan justice system. According to Informed opinions, Rwanda is better placed to try genocide cases than any other court system, the world over, considering the time spent to handle an equal number of cases. There is forensic evidence that Rwanda justice system has ability to conduct credible investigations as well as willingness to try the cases and there is assurance that the accused would receive a fair trial. The critics are left with no ground for sustaining their argument as to why genocide cases are not transferred to Rwanda. To dispel previous fears that the convicts would receive unfair trials, Rwanda moved fast to abolish the death penalty in 2007. Merit and competence of persons are major criteria in the labour market and to bolster social justice legal and economic reforms have been put in place and followed to the letter. Unnecessary bureaucracies that in past gave room for corruption were removed. This explains why Rwanda is fast-turning into an investment destination.   In a nutshell, many African governments and Particularly EAC partner states need to look to Rwanda for solutions to security, legal, economic and governance problems.