(Page 8 of 11) - "What Do We Do When Things Fall Apart?" Rwanda's Attempt at Restorative Justice Through the Gacaca Courts authored by Calhoun, Lindsay.

values that are inclusive and holistic, not  merely representative of one political
perspective over time….We learn that the law can benefit from emphasizing the
mutual interdependence of its subjects, rather than those subjects’ autonomy or
independence.  We learn that it is valuable to take into consideration
responsibilities to society, and future generations, in the interest of connectivity and
the intersubjectivity of human beings.  And finally, we learn that justice must take
into account context, most particularly, a context that dismantles inequalities and
power structures rather than enshrines them,” (p. 625).

Carpenter (2008) utilizes the previously discussed feminist framework and criteria
for justice to investigate the sexual violence and its legal aftermath in Rwanda.  I
propose we extend her work to examine the Gacaca process.  Through this
framework, we can examine the potential for both justice and injustices codified in
the Gacaca court system and propose specific points of intervention by utilizing
feminist principles.  Utilizing this approach presumes that the whole Rwandan
society would benefit from understanding the Gacaca court system which already
embodies notions of postmodernism and communitarianism in aspects of its
structure, while still critiquing its more problematic elements.  Since at least one of
our artifacts consists of legal discourse, it makes sense that a legal theory of justice
would help us to critically analyze the discourse while providing an invitational and
“ethics of care” approach to the text unique to feminism.

Benefits to cross-cultural communication, dialogue and communication theory

While the case study I propose deals specifically with systems, processes, and
institutions of participation and justice, these systems and institutions are not
homogeneous nor are they monolithic.  They are dynamic and fluid and consist of
parties and discourses that are local as well as transnational in content and in
context.  Additionally, the post-colonial legacy in Rwanda makes the issues in the
Gacaca courts cross-cultural in the historical configuration of Rwandan society and
its relevance as a regional player in Africa in the future.  The people and the
circumstances in Rwanda are very fluid and I do believe that Rwanda is at an
extremely critical point.  Its future rise or fall as a nation on the African content will
owe much to this moment in time and how the opportunities and potential pitfalls
are managed.

As communication scholars, we have an opportunity to see a failed state
reemerging from one of the most devastating forms of civil destruction possible,