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Rwandans urged to embrace restorative justice instead of prolonged court battles

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Rwandans involved in disputes have been urged to make greater use of restorative justice, which encourages resolving conflicts through dialogue and mutual agreement rather than lengthy court battles. The approach can help preserve relationships and deliver solutions more quickly.

The call was made during an interview on RadioTV10’s Zinduka programme, where Judiciary Spokesperson Justice Mutabazi Harrison assured people with ongoing cases and those considering taking disputes to court that they would not regret choosing this alternative approach to resolving conflicts.

“I assure those with pending cases and those approaching the courts that they will not regret choosing restorative justice,” he said.

Antoine Ruboyi, Director of Legal and Policy Awareness at the Ministry of Justice, said the restorative justice policy seeks to revive and strengthen Rwanda’s traditional culture of resolving disputes through dialogue.

He explained that although the introduction of Western-style justice systems based on courts and prisons gradually influenced how Rwandans handled disputes, resolving disagreements through mutual understanding remains a valuable tradition that deserves renewed recognition.

He said the policy is consistent with the principles of unity, long-term vision and accountability because it seeks to strengthen what brings people together rather than focus on what divides them.

Ruboyi cited the example of family members who fall out over inheritance, land boundaries or money borrowed by one relative and left unpaid. Such disputes can damage relationships for generations, leaving even their descendants unable to get along.

He noted that court proceedings may deliver a legal ruling on the matter presented before a judge, but that does not necessarily resolve the underlying conflict between the parties.

“People can talk and find solutions to their problems at any stage. Going through court proceedings and litigation may result in a legal judgment, but experience has shown that justice delivered in that form does not necessarily resolve the conflict,” he said.

He explained that disputes can disrupt relationships and normal interactions between people, while dialogue gives them an opportunity to rebuild trust and jointly find a lasting solution.

Justice Mutabazi Harrison said Rwanda has considerable experience in reconciliation and resolving disputes outside conventional court proceedings.

He recalled that following the 1994 Genocide against the Tutsi, Gacaca courts played an important role in addressing the challenges facing the country. The Abunzi community-based mediation system was also introduced to help resolve disputes among citizens.

He further noted that court-annexed mediation was introduced in 2012, allowing parties involved in legal disputes to negotiate and reach an agreement before their cases proceed to a full hearing.

Under this arrangement, parties can seek assistance from trained independent mediators or ask a judge to facilitate an agreement, provided both sides are willing to participate.

Once an agreement is reached, the settlement can be submitted to the court so that the case can be concluded in accordance with the law.

Justice Mutabazi said either party can request a replacement if they are dissatisfied with the mediator’s conduct. If the mediation period expires without an agreement, the case is returned to court for proceedings to continue.

Mujawayezu Angelique, a lawyer with Haguruka, an organisation that provides legal assistance, said restorative justice is particularly valuable in resolving family disputes because it helps relatives reach agreements without destroying their relationships.

She added that the approach can also speed up dispute resolution compared with the time cases may take in court.

According to her, restorative justice helps people understand that resolving a dispute should not be about fighting or defeating the other party. Instead, each side may need to make certain concessions to reach a solution that protects everyone’s rights.

“Justice is not a war in which people go to fight over who wins and who loses. Its purpose is to ensure that everyone’s rights are protected, and that anyone who has wronged another person understands there are alternative ways of resolving the matter so that both parties can move forward together,” she said.

Mujawayezu noted that inheritance disputes remain a challenge, partly because some people have yet to appreciate the benefits of mediation.

She urged communities to value the role of family elders and family councils, saying these traditional structures can help resolve disagreements before they escalate.

Rwanda currently has approximately 700 independent mediators who are not court employees but have received training to help people resolve disputes. They are registered on a list maintained by the Supreme Court.

Advocates of restorative justice emphasise that its purpose is not to determine who wins or loses, but to find solutions that respect everyone’s rights while enabling people involved in disputes to maintain peaceful relationships.

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