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Démocratie

Extrait du bulletin n°22 - RCN Justice & Démocratie

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Rwanda<br />

A lot of NGOs are working for victim’s rights, RCN Justice & <strong>Démocratie</strong> currently supports the<br />

itinerant trials of the suspects of genocide crimes, which contributes to an improved proximity<br />

of justice for the victims and the witnesses who become effective actors in the judicial process.<br />

Ibuka is a NGO advocating for the rights of the survivors of genocide.<br />

Victim’s rights in national and international justice<br />

12<br />

The rights of the victims of International crimes<br />

have been progressively integrated in the International<br />

Conventions. Ignored by the Geneva<br />

Convention of 1949, it is notably stipulated in the<br />

International Covenant on Civil and Political rights in<br />

1966 under the principle of the right to file a lawsuit and<br />

the right for the victims to receive indemnities for violation<br />

of their fundamental rights.<br />

Devoted and detailed by the Declaration of basic principles<br />

of justice for victims of crime and abuse of power<br />

adopted in 1985 (1), the rights of the victim cover henceforth<br />

the right to submit a court case, the right to psychological<br />

assistance throughout the trial, the right to<br />

protection of witnesses, the right to reparation of the<br />

damages suffered and refund of the property despoiled.<br />

The right recognised to victims is contained in a report in<br />

1999 of Special Reporter Cherif Bassiouni2 highlighting<br />

the principles of reparation to the victims of international<br />

crimes.<br />

At national level, in Rwanda, the rights of the victims<br />

of genocide are practised both in classical and Gacaca<br />

courts. However, it is important to acknowledge that in<br />

the actual context, such right has encountered difficulties<br />

so as to be fully effective. If they can freely bring a<br />

case to court, the question of security of witnesses, the<br />

delay of the promulgation of the law on reparations, the<br />

trauma healing which needs psychological assistance<br />

remain crucial concern and makes it even deterrent for<br />

the victims to take part in the process of justice.<br />

The rights of the victims are a concern for both the<br />

Government and the civil society organisations. Ibuka,<br />

being an umbrella organisation for the survivors’ organisations<br />

in Rwanda, represents the survivors of genocide<br />

both at national and international levels. It was established<br />

in 1995 and it acquired its legal personality in 2001.<br />

Ibuka’s primary responsibility consists in advocating for<br />

the rights of the survivors of genocide, including issues<br />

of justice, memory, and their social and economic problems.<br />

In the framework of representing the survivors on<br />

diverse levels, Ibuka has branches in various countries<br />

notably: Belgium, Switzerland, France, United Kingdom,<br />

Canada and another branch is underway to be established<br />

in Uganda.<br />

The collaboration between the branches is based on<br />

information sharing mostly on justice issues, notably

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