By Ange Iliza

More by this Author

Ibuka — the umbrella organisation representing genocide survivors — has accused some countries of entertaining delayed justice for victims of the 1994 genocide against the Tutsi.

Ibuka says these nations are providing shelter to more than 1,000 fugitives and perpetrators.

Currently, Rwanda has 1,095 pending indictments issued to countries across the world. Uganda and the Democratic Republic of Congo harbour 685 fugitives, according to the National Public Prosecution Authority data.

President Paul Kagame led the nation in paying tribute to victims of the 1994 Genocide Against the Tutsi, saying Rwandans are willing to forgive but not forget.

“It’s very clear that the wounds are still deep but Rwandans, I thank all of you, for refusing to be defined by this tragic history,” said President Kagame.

Eric Mwizerwa, a survivor of the 1994 genocide against the Tutsi giving his testimony on April 7,2023 during the 29th commemoration ceremony in Kigali, Rwanda. PHOTO | CYRIL NDEGEYA | NMG

Justice still elusive

Ibuka expressed concerns that 29 years later, justice for the survivors is still elusive and the concerned countries lack the willingness to collaborate with Rwanda on the indictments.

“For some countries, it is beyond lack of willingness, it is denial. For example, the Democratic Republic of Congo harbours many of the fugitives and continues to work with them. It is unacceptable and an insult to the survivors,” said Naphtali Ahishakiye, executive secretary of Ibuka.

Mr Ahishakiye added that countries like the UK and the US have not yet acknowledged the wording of “1994 Genocide against the Tutsi,” in addition to harbouring fugitives, noting that “this does not only undermine justice but also encourages denial of the genocide against the Tutsi.” The largest number of indictments, 408, were issued for genocide suspects hiding in the Democratic Republic of Congo. This is followed by Uganda with 277 fugitives; Malawi was issued with 63 indictments; and Tanzania with 52. Kenya was issued with 35 indictments.

One of the graves where victims of the 1994 genocide against the Tutsi are buried at the Kigali Genocide Memorial in Gisozi. PHOTO | FILE | NMG

Highest in Europe

Indictments sent to France are 48, which is the highest in Europe, followed by Belgium with 40. The USA was issued with 23 indictments, Netherlands 18, Canada 14 and the UK five.

The National Public Prosecution Authority spokesperson Faustin Nkusi said a handful of the concerned countries have responded to the indictments.

“We can only follow up with these countries through diplomatic channels. Unless they are willing to honour the indictments, there is little we can do to enforce,” Mr Nkusi said. Mr Ahishakiye referred to the case of Felicien Kabuga, which has been postponed after neurologists concluded he was not fit for trial due to health issues and said the decision drags the course of justice.

“Currently, the sympathy towards Kabuga gives little hope that he will be convicted any time soon. He is one of the masterminds of the genocide against the Tutsi, but he is still referred to as a suspect. Given his old age, if he dies before conviction, he will forever be a suspect,” added Mr Ahishakiye.

Rwandan President Paul Kagame and First Lady Jeannette Kagame after laying a wreath during the 29th commemoration ceremony for the 1994 genocide against the Tutsi at Gisozi Genocide Memorial in Kigali on April 7, 2023. PHOTO | MARIAM KONE | AFP

Circumvent conviction

He said the course of the trial gives the impression that Mr Kabuga continues to circumvent conviction as he did for over 25 years. Mr Kabuga’s trial kicked off in September 2022 at the Hague, following his arrest in May 2020. The trial was suspended after neurologists said he was diagnosed with vascular dementia and Alzheimer's disease, which make him unfit for trial.

This year’s commemoration schedule has been modified to allow businesses to continue uninterrupted.

Instead of the usual format, which saw businesses close for half a day to participate in commemorative activities, this year’s commemoration will feature only one dialogue on April 7, with night vigils and public gatherings allowed on a condition they do not interfere with work hours and traffic.

This change in format was made to ensure that Kwibuka is not a burden to Rwandans but an opportunity to reflect, remember, and look forward, as explained by Rwanda’s Minister of National Unity and Civic Engagement, Jean Damascene Bizimana

In the past, Ibuka has criticised the tribunal, saying that even in those cases where sentences were pronounced, it handed lesser sentences for convicts.