Central America: Restorative juvenile justice and a region’s important choices
Jan 11, 2011
from the article in Creative Times:
In light of the vast challenges faced by the juvenile justice systems in these three countries, Orietta Zumbado, a Judge who leads USAID-SICA AJR’s juvenile justice component, recently sat down with international restorative juvenile justice expert, Victor Herrero. The two team members discussed alternative justice measures in Central America. Herrero, who has applied restorative juvenile justice in more than ten countries, is currently working with AJR to strengthen the institutions responsible for oversight and control of alternative sanctions imposed on minors, so that these more efficiently and more effectively impact recidivism indexes and improve the capacity for the social rehabilitation of offenders.
Why is restorative juvenile justice needed in Central America at this particular time?
In the face of violence, the State often responds by legislating repressive measures. This hardening of laws neglects the causes that provoke violence and crime. If we compare this to a health intervention, it would be as if we were trying to resolve all health problems by admitting patients with any type of illness or stage of illness into intensive care. Everyone knows that the system would collapse immediately and would be inefficient. A large portion of Central American youth is on the margin of society. They are looked upon as enemies instead of the future of our societies. This state of affairs cannot continue.
Can restorative juvenile justice help to diminish violence?
The restorative focus on alternative measures helps to diminish violence indices by making youth responsible and allowing the victim of the crime to feel a sense of justice. We should be clear that when a youth reaches the criminal system, it is evidence of a failure of other systems. I think the restorative justice vision is a moral, ethical and social responsibility.
Does restorative justice go beyond judges, police and prosecutors?
In restorative justice, the victims are key. This approach should not be confused with soft justice or with impunity, but rather the opposite. What is sought, in all cases, is that the young offender assumes his or her responsibility. We have to make available support services to victims to minimize the damage suffered as a result of the crime committed against them. When young offenders are brought before the process, they are made to understand their crime and take responsibility for their actions before all parties involved. To help youth to make amends for their crimes, it’s important to structure sound mediation services, and efficient programs. For example, in this region, it would be important to strengthen community services.
What country or countries have ideal or effective models when it comes to adopting restorative juvenile justice practices?
In the Central American context, it’s important to observe good practice. A restorative juvenile justice project implemented by the NGO, Terre des Hommes in Nicaragua is applying a restorative focus on youth in working with the Supreme Court, juvenile affairs offices and law enforcement. Institutions responsible for administering alternative measures have perfected their procedures and coordinated actions with institutions to apply alternative justice measures cited in the country`s Code on Children and Adolescents. An innovative information system allows them to manage cases. The system generates alerts to juvenile justice officers with regard to cases and allows them to access, share and analyze real-time data to make informed and timely decisions. I know of a special youth police unit that employs prevention measures in coordination with criminal juvenile justice institutions. We must capitalize on these positive experiences.
