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Lee, Stephen. Developing Restorative Justice in China

China’s changing social situation and the growth of social services has left the door open for the emergence of restorative justice. Following an annual Symposium of China Ministry in California, a memorandum of understanding between Prison Fellowship Hong Kong and Nanjing University was entered into that established the Nanjing University Crime Prevention and Control Research Centre. The Centre combined practical services with academic research to improve offender rehabilitation and to implement restorative justice practices in China. It was thought that the principles of restorative justice would fit well with the Chinese philosophy of “Willingness for Peace." Following the establishment of the Centre, a joint project with Nanjing Women Prison resulted in the provision of inmate counseling services. The program underscored the importance of appreciating the crime process and the prior life experiences of the offender. The importance of restorative justice was highlighted when it was realized that many offenders had previously been victims; a restorative approach addresses the victim’s needs, thus reducing the chances of them becoming future offenders. Restorative justice in China can hopefully play a part in making this a more harmonized country. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Kalyanasuta, Kanokpun and Suriyawong, Atchara. The Criminal Justice System and Community-Based Treatment of Offenders in Thailand

Responsibility for the administration of criminal law in Thailand is shared by several governmental organizations (e.g., the police, the courts, the correctional department, etc.). The authors of this paper describe in some detail the functioning of these organizations, and in general terms the standard process of administering criminal justice when an offense has been committed. They also identify in broad terms the sentencing options available to a judge, from the death penalty to imprisonment to fines and loss of property. Their presentation of the criminal justice system in Thailand includes a portrait of its current state, its problems, and possible solutions to those problems. Against this background, the authors then look specifically at community-based treatment of offenders in Thailand. While informal justice alternatives have been widely used for a long time in Thailand, formal criminal justice community solutions have only appeared recently in the legal system. The authors examine the details of this formal community-based treatment of offenders in terms of parole, good time allowances, public work allowances, and probation.

Kittayarak, Kittipong. Restorative Justice: The Thai Experience

In this paper Kittipong Kittayarak, Director General of the Department of Probation in the Ministry of Justice in Thailand, surveys the Thai experience with restorative justice. After an introduction to the basic ideas and principles of restorative justice, he states that it is not a new approach in Thailand; rather, it is a familiar concept well established in Thai traditions and culture. Elements of it still function in traditional communal justice in rural areas. Hence, with shortcomings in the conventional criminal justice, it is not surprising to see growing interest in restorative justice in Thailand. With all of this in mind, and in the Thai context, Kittayarak examines shortcomings in conventional criminal justice; the need for more community involvement in criminal justice; the rights of victims; recent criminal justice reform; and the introduction of restorative justice in Thailand.

Stahn, Carsten. Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor

In both the distant past and the near past, the population of East Timor has suffered severe human rights violation. Carsten Stahn sketches the history of those violations at the outset of this paper. The most recent episode occurred in the latter quarter of the twentieth century following Indonesiaxe2x80x99s invasion and occupation of East Timor, especially following a 1999 UN-organized referendum on independence from Indonesia. In 2001 the United Nations Transitional Administration in East Timor (UNTAET) established the Commission for Reception, Truth and Reconciliation (CRTR). The aim was to promote national reconciliation and healing. As Stahn explains, the creation of CRTR fit with the increasing use and refinement of such mechanisms for dealing with past injustices and assisting with transitional nation-building. In this context, Stahn examines the general features of the CRTR and the East Timorese justice and reconciliation model.

Wong, Dennis S. W.. School Bullying and Tackling Strategies in Hong Kong

In view of the rising problem of school bullying in Hong Kong, scholars have endeavored to study the prevalence, causes, and tackling strategies of school bullying. This article highlights some typical incidences of school violence and reports research results of school bullying. It is noted unresolved school bullying problems are often a precursor of school violence and delinquency. Based on results from local studies of bullying, this article identifies risk and protective factors that contribute to the emergence and continuation of the bully-victim problem in Hong Kong. The article argues that suppressive tactics, such as reprimanding bullies, calling parents to school, and suspension, are ineffective. Other than suppressive tactics, adopting a comprehensive antibullying strategy such as assisting students to develop adequate self-competency, strong social skills, and good relationships with parents and teachers seems to be a useful antiviolence strategy. Author's abstract.

Wing Lo, T and Harris, Robert J. Community Service Orders in Hong Kong, England, and Wales: Twins or Cousins

Hong Kong was a British colony until July 1, 1997, and it developed CSO's 14 years later than England and Wales. The birth of CSO's in both jurisdictions was strongly influenced by the rehabilitative concepts outlined in the Wootton Report, which originally launched the CSO in England and Wales in 1973; however, Hong Kong has maintained its distinctiveness in emphasizing rehabilitation and reintegration. England and Wales, on the other hand, have given higher priority to the retributive goal of the CSO. The recent renaming of the CSO as a community punishment order has confirmed this priority. In Hong Kong, the 1997 takeover presented the risk that Chinese legal and penal practices might contaminate the British-based system of law and criminal justice; however, this has not happened with respect to the CSO's, as personalized social services that contain elements of restorative justice have been persistently advocated. The CSO's in both jurisdictions thus look more like cousins. If current trends in Hong Kong and England and Wales continue, CSO's will move toward restorative justice. The incorporation or the reparative elements advocated in restorative justice might confer greater perceived legitimacy on CSO's. The authors of this paper argue that one way to achieve restorative justice in CSO's is to involve victims in the choice of community service to be performed by the offender, thus promoting both the rehabilitation of offenders and the empowerment of victims to seek appropriate reparations. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Gray, Patricia. Community corrections and the experiences of young male offenders in the Hong Kong youth justice system

In this article, Gray compares and contrasts England and Hong Kong in terms of "deinstitutionalization" and "decarceration" in youth justice policies. Because of legal changes, the number of juvenile offenders sentenced to custody fell noticeably in England in the 1980s and early 1990s. In contrast, and despite the influence of English legislation and policies, large numbers of juvenile and young adult male offenders continue to be placed in residential and custodial institutions in Hong Kong. To explore this situation, Gray looks at the following subjects: deinstitutionalization, decarceration, and the collapse of the rehabilitative ideal in the West; the concept of rehabilitation in Hong Kong; prospects for a developmental approach to youth justice in Hong Kong; and possible paths to community-based rehabilitation programs within the cultural context of Hong Kong.

Kittayarak, Kittipong. A Brief Outline of the Current Situation on the Protection of Victims of Crime in Thailand

Early in history, criminal law was essentially law for victims. Victims of crime were the center of the administration of criminal justice. Most criminal sanctions aimed at providing redress to the victims, typically in the forms of compensation and restitution. The concept of crime as a "private wrong" has been replaced by the emergence of the notion that crime is an act against the well being of the state and thus needs "public prosecution". The importance of the role of the victim of crime was limited to that of a "witness". Over the past few centuries, the defendant and the State evolved as the two parties with legal standing in criminal proceedings. The victims were virtually forgotten and became, in the words of Bard, “the party without institutionalized voice in the legal process." The changing paradigm during that period was based on the following premises: 1. A crime is primarily an offense against the government rather than a private wrong. 2. The government, because it acts for the good of the citizenry, cannot be held accountable for its mistakes or negligence in the administration of criminal justice. 3. Specially trained professional officers are better at controlling crime and seeing that justice is accomplished than the private citizens or victims of the offenses. 4. Victims are useful to the system as information sources and witnesses; their interests are not important to the system and could interfere with the efficient administration of justice. 5. Because of the great power of the state and the potential for abuse, persons accused or suspected of committing a crime need to be protected with an array of procedural rights and privileges. This “new paradigm‿ which has remained the mainstream thinking of the criminal justice systems around the world for a long time until the older ideas have been rekindled only recently by the movement for the protection of crime victims. (excerpt)

Ua-amnoey, Jutharat and Kittayarak, Kittipong. Restorative Justice: A Paradigm Shift in the Thai Criminal Justice System

The rise of restorative justice in the Thai criminal justice system has been a relatively recent phenomenon. The authors begin with an examination of how Thailand came to view restorative justice practices as acceptable within their arguably punitive justice system that has traditionally not allowed space for the consideration of the victim or the community. There are examples of restorative justice practices that have taken place in traditional Thai villages, but during the colonization period the Thai criminal justice system shifted away from an Eastern philosophy toward the Western system of "legal positivism." At the dawn of the 21st century, Thailand’s crime and correctional facility problems had reached such epidemic proportions that in 2002, after being convinced of the promise of restorative justice, the director general of the Department of Probation launched the first restorative justice seminar in Thailand. In 2004, the First National Master Plan of Criminal Justice, which incorporates restorative justice programs, was accepted by the prime minister’s Cabinet. The rise of restorative justice in Thailand provides a good illustration for any country seeking to add restorative dimensions to its criminal justice system. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Wong, Dennis S. W.. Using Restorative Strategies to Tackle Bullying

Bullying affects a substantial number of children and youth in all schools. Like many countries, bullying is an issue of growing concern to parents, teachers and social workers in Hong Kong. In general, bullying is defined as repeated oppression, physical or mental, of a less powerful person by a more powerful person or group of persons. It occurs where there is an imbalance in power between people, and it is a persistent or continued unwelcome behavior (Olweus, 1993; Rigby, 1996; Smith & Sharp, 1994). It ranges from simple teasing to violent physical acts. This paper illustrates the growing concern with bullying in Hong Kong and the possibility that it may be the precursor of general juvenile delinquency or youth violence. Apart from highlighting some recent incidences and research results of bullying in the community, this paper discusses the negative spiral effect of bullying and a restorative anti-bullying strategy for tackling the problem. Author's abstract.

Bowen, John. The Search for New Sources of Legitimacy in Indonesia after Suharto

After an aborted communist coup in 1965 in Indonesia, General Suharto came to power in 1966-1967. This led to a period of violence and mass human rights violations in Indonesia. Over the decades a certain stability and growth also occurred, but accompanying them were political oppression and corruption. Suharto's rule ended in 1998 after protests and violence against his regime. This has led to more unrest, violence, and human rights violations in Indonesia. As John Bowen comments, Indonesia after Suharto seems plagued by both a massive failure of social order and a severe crisis of political legitimacy. The two are linked for, despite Suharto's slogan of a "New Order," he failed, among other things, to create a legitimate and effective legal system. Against this background, Bowen explores current debates within Indonesia about the legitimacy of various legal and political responses to the crisis. Proposed responses include tribunals to deal with crimes under Suharto, reforms in the justice system, and a devolution of power to local authorities. Bowen pays particular attention to potential tensions between two types of demands: one for a more effective and impartial nation-wide legal system; and the other for greater regional autonomy and recognition of ethnic and religious communities' rights.

von Benda-Beckmann, Keebet. Law, Violence and Peace Making on the Island of Ambon

The island of Ambon is in Molucca province in Indonesia. In January 1999 a fight occurred between a Christian taxi driver and a Muslim youth or youths. While similar fights were not uncommon, they usually cooled down soon. This one did not; rather the fight led to wider conflict. Thus began a long period of intense ethnic-religious fighting and rioting that became a virtual civil war, with much destruction of property and loss of life across Ambon and a set of neighboring islands. Many have attempted to establish peace and a measure of reconciliation. These include religious leaders (both Christian and Moslem), local leaders, influential intellectuals, and high politicians. None have succeeded as of yet. In this context, Keebet von Benda-Beckmann surveys the peace-making process. Admittedly this is speculative, as peace has not been established. Yet von Benda-Beckmann aims in this chapter to contribute to understanding the causes of the conflict and the strengths and challenges of the ongoing peace process in Ambon.

Rösel, Jakob. Democracy and Ethnic Conflicts: The Politics of Ethnicity and Conflict Resolution in South Asia

A consideration of experiments in democratization in South Asia over the last half century is a large and daunting task, writes Jakob Rösel, if only because more than one fifth of humanity lives in the region. Because of this, Rösel focuses on analysis of democracy and ethnic conflicts in three cases: India; Pakistan; and Sri Lanka. The first represents a successful process of democratization; the second, a repeated failure at democratization; and the third, an attempt to establish an ethnic, pro-Sinhalese democracy. In each case, he concentrates on four points of comparison: (a) issues of balance between the imperative of secularism as against the claims of a dominant religion or religious majority; between civil administration, democratic party control, and military power; and between the ideal of a unitary and the demands for a federal state; (b) the nature of the party system that developed in each situation; (c) the type of identities and patterns of allegiances which survived or which evolved during these experiments; and (d) the specific political style and strategy of coping with ethnic conflict which has arisen in each case.

Reimer, Dalton. A New Center for Peace Studies Established by the Confernece of the Mennonite Brethren Church of India

This short document offers a brief overview of training activities in opening hte new Center for Peace Studies.

Adhikain Para sa Karapatang Pambata and Ateneo Human Rights Center. Research on the situation of children in conflict with the law in selected metro Manila cities.

This research project on the situation of children in conflict with the law in selected cities in Metro Manila was conceptualised in order to assist SC-UK and its partners in defining their advocacy agenda on CICL at the local and national levels and help clarify SC-UK’s programme direction, strategies, areas of coverage and target participants. Through quantitative and qualitative information collected in this project, major gaps and abuses that occur in the administration of justice to CICL were identified and corresponding analysis and recommendations were formulated. The project also gave emphasis on the protection measures given to children in conflict with the law through diversion at the different levels of the criminal justice system. Diversion is an essential component of children’s justice, with the purpose of preventing and minimising the children’s entry into the criminal justice system. The promulgation of the Rule on Juveniles in Conflict with the Law by the Supreme Court in 15 April 2002, which provides for diversion in the court level, requires a review of it relevant provisions. The provisions of the Katarungang Pambarangay (barangay1 or village justice) Law as it applies to CICL are likewise analysed in relation to diversion.

Chandler, David. Coming to Terms with the Terror and History of Pol Pot's Cambodia (1975-79).

In this essay I will be dealing with a key institution of Democratic Kampuchea (DK) which encapsulated the terror that suffused the regime and was intimately connected with DK’s triumphalist notions of history. I’’ also discuss the ways in which recent Cambodian history has been imagined and altered by successive regimes. I’ll examine how induced memories, followed by induced amnesia, can play havoc with attempts to assemble and interpret historic data, to say nothing of efforts to achieve reconciliation or closure. These manipulations of history, which form a part of Cambodian political culture, impede the search for justice that continues to elude millions of survivors of the Pol Pot era. (excerpt)

Roujanavong, Wanchai. Restorative Justice: Family and Community Group Conferencing (FCGC) in Thailand.

Director General Wanchai, of the Department of Juvenile Observation and Protection, reviews the recent development of Family and Community Group Conferencing in Thailand. Before the introduction of a Western legal system, disputes were traditionally settled through an informal mediation committee in the village community. The Ministry of Justice began to train staff for a FCGC project after observing similarities with the New Zealand approach to family group conferencing. Existing laws, and a radio address by the prime minister, have lent support to implementing restorative practices in Thailand. The article describes some of the FCGC process and statistics as it has used by the Department with children since 2003.

Schechtman, Lisa. Applications of Peacemaking Circles in Meeting the Mental Health Needs of Torture Survivors.

In 1948 the Universal Declaration of Human Rights, in reaction to the horrors of Nazi Germany and World War II, repudiated the use of torture. Statements by international conventions and organizations in the following decades have elaborated and reinforced the rejection of torture. Yet torture continues in many situations in many countries. It can be argued, as Lisa Schechtman does, that various forms of cruel treatment, such as child or spouse abuse, may also qualify as torture. The trauma of torture is both physical and psychological, and survivors may experience effects for years, even the remainder of their lives. Schechtman studied the effects of torture and characteristics of resilience in survivors from Tibet living in India. In this paper she describes her research and the potential of restorative justice processes in assisting torture survivors. After a definition of torture, she goes on to look at restorative justice principles, peacemaking circles as a restorative practice, trauma psychology as an element in peacemaking circles, and steps for building a culture of human rights and peace. Several appendices provide forms, questions, and demographic data used in her research. One appendix also shows a comparison of various therapeutic processes.

Klosky, Tricia and Kethineni, Sesha. "Juvenile Justice and Due Process Rights of Children in India and the United States"

This article offers a cross-cultural comparison of current and past juvenile court systems in India and the United States. Issues such as juvenile court development, differences and similarities in juvenile court philosophies, and the impact of legislative reforms are explored within political, social, and legal contexts. Specifically, the juvenile justice system in India is examined and analyzed within the context of how changes in philosophy and terminology have affected juvenile court practices and procedures. Our conclusion is that in both countries the juvenile justice system often fails to achieve the rehabilitative agendas set forth by their legislative and child welfare bodies.

Tin Keng Seng, Eric. The Four Justice Models: Organised Creativity in Judicial Administration

The Justice Achievement Award was established to recognize outstanding achievements and projects that enhance the administration of justice. In this paper, Eric Tin Keng Seng, a magistrate for the Republic Singapore, profiles four justice models that provide the structure for the Singapore courts: civil justice (fair and effective dispute resolution); criminal justice (protecting the public); family justice (protecting family obligations); and juvenile justice (restorative justice). For each model, he identifies the target groups, the core work team, and significant justice initiatives. Moreover, he evaluates the effects of the justice initiatives on the Singapore community.