ABSTRACT

Chapter 2 discusses the systems of Gacaca, Abunzi, and Imihigo as homegrown legal concepts and solutions. The first part studies the origins and development of the concept and practice of Gacaca. It explains its pre-colonial Rwandan origins and why and how it was reintroduced and improved as a solution to the challenges of post-genocide justice. It also discusses Gacaca courts laws and how these have evolved and improved with time, concluding with a short assessment of their achievements. The second part discusses the Abunzi system as a traditional pre-colonial conciliation system. It explains the organization and functioning of the Abunzi system as well as its impact in reducing litigations between citizens while building peace and harmony in Rwandan society. The last part discusses the concept of Imihigo. Like Gacaca and Abunzi, this concept also finds its origins in the pre-colonial Rwandan legal tradition. Imihigo is studied as a legal concept and solution that combines elements of contract, covenant, and competition in achieving one’s goal but also benefits community and society as a whole.