Conflict and land tenure in Rwanda

The purpose of this paper is to shed light on the historical relation between conflict and land tenure in Rwanda, a country that experienced a harsh civil war and genocide in the mid-1990s. The victory of the Tutsi-led rebel, Rwandan Patriotic Front (RPF) at that time triggered a massive return of refugees and a drastic change in land tenure policy. These were refugees who had fled the country at around the time of independence, in 1962, due to the political turmoil and persecution (the "social revolution") and who shared the background of the core RPF members. The social revolution had dismantled the existent Tutsi-led political order, compelling many Tutsi families to seek refuge outside their homeland. Under the post-independence rule of a Hutu-led government, the Tutsi refugees were not allowed to return and the lands they left behind were often arbitrarily distributed by local authorities among Hutu peasants. After victory in the mid-1990s civil war, the newly established RPF-led government ordered the current inhabitants of the lands to divide the properties in order to allocate portions to the Tutsi returnees. Different patterns of land holding and land division will be explained in the paper from data gathered through the authors' fieldworks in the southern and eastern parts of Rwanda. Although overt resistance to land division has not been observed to date, the land rights of the Tutsi returnees must be considered unstable because their legitimacy depends primarily on the strength and political stability of the RPF-led government. If the authority of RPF were to weaken, the land rights will be jeopardized. Throughout Rwandan history, in which political exclusion has often led to serious conflict, macro-level politics have repeatedly influenced land holding. Promotion of an inclusive democracy, therefore, is indispensable to escape the vicious circle between political instability and land rights.

Gacaca and DDR : the disputable record of state-building in Rwanda

State-building is currently considered to be an indispensable process in overcoming state fragility: a condition characterized by frequent armed conflicts as well as chronic poverty. In this process, both the capacity and the legitimacy of the state are supposed to be enhanced; such balanced development of capacity and legitimacy has also been demanded in security sector reform (SSR), which is regarded as being a crucial part of post-conflict state-building. To enhance legitimacy, the importance of democratic governance is stressed in both state-building and SSR in post-conflict countries. In reality, however, the balanced enhancement of capacity and legitimacy has rarely been realized. In particular, legitimacy enhancement tends to stagnate in countries in which one of multiple warring parties takes a strong grip on state power. This paper tries to understand why such unbalanced development of state-building and SSR has been observed in post-conflict countries, through a case study of Rwanda. Analyses of two policy initiatives in the security sector - Gacaca transitional justice and disarmament, demobilization, and reintegration (DDR) - indicate that although these programs achieved goals set by the government, their contribution to the normative objectives promoted by the international community was quite debatable. It can be understood that this is because the country has subordinated SSR to its state-building process. After the military victory of the former rebels, the Rwandan Patriotic Front (RPF), the ruling elite prioritized the establishment of political stability over the introduction of international norms such as democratic governance and the rule of law. SSR was implemented only to the extent that it contributed to, and did not threaten, Rwanda's RPF-led state-building.