Widening the circle: Can peacemaking work outside of tribal communities?
....This report was originally written as a guide for participants in the roundtable but raises practical questions for anyone interested in adapting peacemaking to non-tribal settings. After providing an overview of peacemaking, the paper outlines key issues jurisdictions will most likely want to consider during planning and implementation....
Restorative justice essential for First Nations
from the article on CBC News:
Nishnawbe Aski Legal Services in Thunder Bay hopes the Honourable Frank Iacobucci's report will lead to more community-based justice programs within First Nations.
The former Supreme Court justice said this week that the mainstream legal system is failing Aboriginal people.
A Thunder Bay lawyer who works with Nishnawbe Aski Legal Services said a big part of the solution is to help First Nations deal with criminal behaviour in a way that works for them — something called restorative justice.
"First Nations people approach conflict and conflict resolution very differently,” said Mary Jean Robinson.
Police use of court alternatives for young persons in New South Wales
Through the use of warnings, cautions and conferences instead of court proceedings, the [Young Offenders Act (YOA)] established procedures for dealing efficiently and directly with children who commit certain offences. Previously reported statistics suggested that diversionary options for young persons have not been used uniformly and equitably across the State. The purpose of the current study was to measure the level of variation across [NSW Police Force’s Local Area Commands (LACs)] in the proportion of young persons diverted from court, after adjusting for factors police must or can take into account when considering whether to deal with a young person via a caution or a conference.
Indigenous models of justice: Moving beyond tragedies
from the paper by June C. Terpstra:
….There are more than 250 Peacemakers from 110 chapters in the Navajo nation. Using the Navajo language is emphasized and Peacemaking begins with an opening traditional prayer sometimes in both Navajo and English. The Peacemaker explains the traditions from which the process emerged and the ancient teachings. There are four main questions to be posed in the Navajo peacemaking process as told to me by Roger Begaye, are these:
1. What happened? 2. Why did it happen? 3. How do we go about it -- (resolution and a better way)? 4. How do we heal?
Restorative justice: Victims, violators and community -- the path to acceptance
....As Toki explains, “for Māori a form of utu, or reciprocity to restore the balance, is always necessary. Although both punishment and utu involve a deliberate response to an offence and aim to achieve retribution, they differ in important aspects. Ethically speaking, punishment can be forgone, but utu cannot; punishment should be unpleasant enough to deter, but utu may be entirely friendly and welcome; punishment should be confined to offenders who have been proven guilty of intentional offences, but utu may be exacted from individuals who have done no wrong. This different conceptual thinking cannot be accommodated in the existing criminal justice system.
The gods are angry
....There are more than 2,000 African ethnic groups but despite the incredible diversity there are striking commonalities among them. Whereas Western jurisprudence emphasizes punishing the guilty, the widespread African tradition stresses restitution and reconciliation or "restorative justice"—the basis of South Africa's Truth and Reconciliation Commissions established after the dismantling of Apartheid.
Africa's economic heritage featured free village markets. There were rudimentary free markets in Timbuktu, Kano, Salaga, Onitsa, Mombasa and elsewhere before the advent of the colonial era.
Whereas the West practiced majoritarian, or representative, democracy, ancient Africans practiced participatory democracy, where decisions were taken by consensus at village meetings variously called asetena kese by the Ashanti, ama-ala by the Igbo, guurti by the Somali, dare by the Shona, ndaba by the Zulu or kgotla by the Tswana.
Can’t we just talk this over peacefully?
When one of the Enga commits murder, he must answer to tribal law. Given that this is Papua New Guinea, and that the Enga set great store by the maxim “Do unto others as they do to you”, you might expect that law to involve swift and lethal retribution.
Yet for the past seven years, an experiment has been taking place here that could change that perception. Instead of summary justice, there has been an airing of grievances, a public show of remorse – and the lavish consignment of live pigs to the victim’s family.
Mediating criminal matters in the Ethiopian criminal justice system: The prospect of restorative justice
In Ethiopia, the use of mediation process as a traditional method of dispute resolution has been practiced for centuries. Even today in rural areas, particularly criminal dispute resolution processes dealing with victims and criminal offenders are widely practiced and deep rooted with varying degrees among the different ethnic groups in the country. For instance, the use of mediation process through Jaarsaa Biyya or Jaarsaa Araara among the Oromo and the other ethnic groups has been used.
Gacaca: A successful experiment in restorative justice?
....The twofold reparative function of restorative justice is, however, crucial and so the extent to which gacaca’s emphasis on ‘truth-telling’ realised its desired outcome is subject to debate. To draw on Johnstone’s conception of restorative justice once again, the fact that gacaca failed to offer something positive, in the form of compensation, to meet the needs of the victims meant part of its reparative function was undermined.
First Nations court seen as path out of vicious cycle
Local bands have asked for a First Nations court to be established in Kamloops, delegates heard Thursday at an Aboriginal justice forum at TRU.
The forum focused on the Aboriginal sentencing principles of Gladue, recently reaffirmed by the Supreme Court of Canada, while hosting Justice Marion Buller Bennett of First Nations court in New Westminster.