Book Review: A Kind of Mending: Restorative Justice in the Pacific Islands.
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This collection of essays grew out of the conference ‘Restorative Justice and Conflict Management in the Pacific Islands’ hosted by the State, Society and Governance in Melanesia Project at Australia National University and the Law School of the University of South Pacific. The group of academics, criminal justice professionals, and community activists discusses restorative justice as a viable option for the Pacific Islands because it resonates with traditional processes and practices. This optimism is reinforced by descriptions of innovative practices used to resolve conflict situations in recent history. At the same time, several writers caution against the assumption that traditional practices or attitudes are automatically restorative.
In his introduction, Sinclair Dinnen describes the situation of the Pacific Islands as vulnerable, with fragile justice institutions and high levels of insecurity and violent conflict. For Dinnen, the ability of local communities to respond to violence and crime will be important in enabling the development of stable State structures. He also reports that the “resonance between restorative justice and more traditional approaches” was a stimulus for discussion among conference participants.
Through his discussion of the fundamentals of restorative justice, John Braithwaite describes empowerment or non-domination as the most important aspect of restorative justice. While asserting that all cultures have restorative forms of responding to wrong doing that should be called upon in the modern setting, he also recognizes that all cultures also have retributive responses as well. He argues that restorative justice practices should involve all stakeholders in ‘respectful dialogue about an injustice.” In this way, Braithwaite addresses some of the criticisms or warnings about restorative justice found later in the volume.
The issues of concern included the use of restorative practices in areas where gender inequality exists; assumptions that traditional practices are necessarily restorative; and the loss of meaning in traditional practices and money . Both Rita Naviti and Margaret Jolly call for careful consideration in implementation when men dominate leadership and women are easily intimidated because of their traditional roles as peacemakers. For Michael Goddard and Alan Rumsey, a careful look at practices in Papua New Guinea shows differences from restorative justice. For Goddard, the village courts found in Pari, a village near Port Moresby, is more a tool for identity building and maintenance than a mechanism for restoring relationships and justice. Rumsey describes the cycles of violent conflict and the building of trade relationships in the highlands in terms of transforming relationships and practices instead of restoration. Finally, Norman Arkwright, a Catholic Priest working in the Solomon Islands, explains that use of currency in compensation payments has a very different meaning than traditional conflict resolution processes using traditional money and payments. He recounts events of violence motivated by compensation payments and discusses the problems that surround the use of monetary payments by governments.
While many of these cautions are repeated throughout the volume, the overall theme is that restorative practices hold potential for the Pacific Islands. In the area of crime and disorder, restorative practices are generally seen as more viable in the region than the systems introduced by colonial powers. Peter Bong of the Vanuatu police force describes partnerships being formed between police officials and traditional leaders, which often leads to informal dialogue and settlements. Several authors echo this optimistic assessment. Joemela Simeon describes a juvenile justice project by the Vanuatu Cultural Centre that seeks to include the community and traditional leaders in responding to youth crime and avoiding the incarceration of young offenders. Alumita Durutalo asserts that the blending of informal and formal processes for responding to crime is necessary to address the high incarceration rates of indigenous Fijians. Peni Moore goes on to describe the work of the organization Women’s Action for Change in Fijian prison. Through drama training and role-play, the group helps offenders understand the impact of crime on others.
Local practices are also important for addressing issues of personal security. Paul Vuhu describes the work of the Lakalakabulu Area Council of chiefs in creating space for dialogue in response to land disputes, family conflicts, and minor crimes. John Ivoro tells the story of a similar group in Papua New Guinea, the Ivani/Saraga Dispute Settlement Committee. He says that before the work with mediation and conflict resolution ‘life in the settlement was uncertain and insecure.’ It was through training done by Peace Foundation Melanesia (described by Patrick Howley in this volume) that the Committee learned about mediation and inclusion of all participants. For Ruby Zarriga, restorative justice is an important tool for community development because of its potential to empower individuals and communities to find solutions to problems.
The second area of application is national conflict resolution. In discussing possibilities for resolving the inter-ethnic conflict between indigenous Fijians and Indo-Fijians, Steven Ratuva suggests adapting indigenous practices. He sketches a plan for adapting the veisorosorovi, which is characterized by an admission of mistakes, forgiveness, reciprocal engagement, trust, and the transforming of collective relationships. Along the same lines, Ruby Saovana-Spriggs discusses the need to blend traditional and contemporary methods of conflict resolution. She then discusses the role of women in the Bougainville Peace process.
Lynette Parker
July 2003
Last modified 2005-06-02 08:06
