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Beyond the rule of law

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In war-torn eastern Congo an area almost the size of Ireland has virtually no access to justice, because the police and legal systems are distant, slow, expensive or simply corrupt. To solve this problem, our partner Fondation Chirezi (FOCHI) has established a system of village courts or ‘barazas’, which cover a population of 70,000 people in South Kivu.

  • Published

    21 October 2015
  • Written by

    Peace Direct
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The truth may be the first casualty of war, as the old saying goes, but justice runs it a close second. Where the rule of law and the protection offered by police and courts have all fallen apart, ordinary people are left vulnerable and unsafe. Communities already stressed by violence can be fragmented by disputes that never get resolved. In such situations, small conflicts feed into larger ones, individuals are left without the security that justice provides, and some will take the law into their own hands.

In war-torn eastern Congo (DRC), this has already happened. An area almost the size of Ireland has virtually no access to justice, because the police and legal systems are distant, slow, expensive or simply corrupt. To solve this problem, our partner Fondation Chirezi (FOCHI) has established a system of village courts or ‘barazas’, which cover a population of 70,000 people in South Kivu.

The female courts have had the unexpected benefit of giving local women more status and say in their community.
Modelled on traditional courts, each is run by a panel of democratically elected judges and aims to reconcile local people within their own communities. Outcomes can include a private or public apology, work or payment. Today there are 12 peace courts operating across the province. Each includes a dedicated all-female court, where sensitive cases such as rape or domestic violence can be discussed openly. The female courts have had the unexpected benefit of giving local women more status and say in their community.

For Daniel Ruhanika, chief of the small market town of Sange,  a baraza saved his life. A group of young Bafuliiri tribesmen had warned two rival tribes, the Banyamulenge and Barundi, not to set foot in the marketplace. Daniel tried to prevent this hostile move by taking a microphone into the market and telling citizens they could move freely about the town. The Bafuliiri called in their armed militia, who took Daniel hostage and demanded a ransom of $2,000 for his release.

This conflict not only threatened to unsettle the chief, his family, and the provincial and state authorities, but it also risked violence between the tribes – 20,000 Bafuliiri, 6,000 Barundi and 2,000 Banyamulenge who all inhabit the local

£500 could help set up a peace court so villagers can get justice, stop violence, empower women and break the cycle of conflict.
The Sange baraza committee decided to act. They contacted the militia’s local leader, but could not persuade him to release Daniel. So a baraza member who had once belonged to the militia, and other members of a mediation committee, ventured into the bush to meet the main chief of the militia. With him they negotiated a reduced ransom of $1,000 and Daniel was released. Calm returned and the baraza and local authorities celebrated together.

In this case, the baraza succeeded in providing timely, locally tailored reconciliation services which prevented wider violence. While barazas  are not intended to replace national institutions, they are clearly saving lives and protecting communities.
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