Beneficiaries are actors too.pdf - Southern Institute of Peace ...

marginalized and disenfranchised from the formal justice system.
In Rwanda, despite its strong presence and control on the
citizenry, the state realizes that it is apparently not the only actor
in socio-political processes, but that it can make use of a number
of 'political orders' to provide governance and regulate processes
of conflict management. Like the gacaca courts, abunzi
mediation appears to have contributed to the decongestion of the
formal courts as most civil suits and crimes that fall under three
(3) million francs will be resolved at the local level. First, some
disputes are too trivial for formal courts' attention, hence the
abunzi are mandated to deal with such disputes. Statistical
reports on the Ministry of Justice website indicate that before the
Abunzi system, 80% of civil cases pending before courts involved
less than one (1) million Rwandan francs. However, following the
establishment of abunzi in 2006, approximately 70% of all civil
cases now fall under the competence of the abunzi. The MINJUST
also conducted a survey in 2005 to ascertain abunzi
effectiveness, and the results concluded that 73% of cases tried
by abunzi were not later referred to the formal court system. In
addition, should a case that was once before the abunzi be
brought to the formal court as an appeal, the abunzi can submit
their investigations, discussions and decisions as official
documents for the case.
Through the use of mediation, the abunzi system is designed to
enable restoration of relationship and ultimately facilitate a sense
of community. Both the process and outcome of the abunzi
mediation are expected to reflect conciliation and restoration
rather than retribution. In fact, Organic Law prevents abunzi
mediators from handing punitive sentences. This approach has
been credited for promoting reconciliation among disputants. A
2010 study by RCN Justice and Democratie concludes that the
majority of cases heard by the abunzi are concluded through a
compromise arrangement, although the majority of disputants in
abunzi cases hardly go further into reconciliation.
Another value of traditional institutions of governance and
conflict resolution is their potential to contribute to Africa's
democratisation process. Just like many state mandated
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