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Vanfraechem, Inge. Implementing Conferencing in a Legalistic Country

When implementing a conferencing project in a legalistic country, some issues arise. First of all, working at the level of the youth court implies trying to motivate judges to refer cases to the project and making them aware of the project. It also entails working out a good referral procedure and taking into account legal issues and safeguards. Having the police present at the conference (not as a facilitator) is not an evident option, since in a legalistic system police do not have power of decision. Looking at these issues and some of the solutions found in practice, can be of use for other projects starting up conferencing. Author's abstract.

Burssens, Dieter and Vettenburg, Nicole. Restorative Group Conferencing at School: A Constructive Response to Serious Incidents.

This article presents the results of a Flemish experiment with restorative group conferencing at school suggesting positive results. Schools are often powerless when a serious incident occurs within the school premises. The end result is usually seen as a failure by the school board and the teachers. The experiment with restorative group conferencing demonstrates that there is a possibility for tackling these problems radically and constructively. The offenders have to take their responsibility, but without being stigmatized. The needs of the victims are acknowledged and the harm they have suffered will be repaired to the extent possible. Lastly, a restorative plan is developed that commands broad support both inside and outside school. Based on the positive outcome of the experiment, the Flemish Education Department is currently taking steps towards a broader implementation. Almost all schools are confronted regularly with disturbing or transgressive behavior having the potential to affect the life at school in a negative manner. In such situations, the school board has few or even no means at their disposal for giving a constructive response to the harmful consequences of the incident. However, since 2000, the Flemish youth protection system has been applying “restorative group conferencing” in response to this serious juvenile delinquency. The promising results suggest the idea of applying it in education as well. Hence, an experiment was launched from October 2002 to March 2004 where 14 restorative group conferencing sessions were organized in the wake of serious incidents in 9 different schools in Flanders. The experiment applied restorative group conferencing to incidents of divergent natures. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjra.gov.

van Garse, Leo. Mediation in a Detention Context: Moralisation or Participation?

This article discusses the author’s development of mediation processes between victim and offenders in Belgium. The focus of the mediation is during the criminal justice process, particularly the punishment phase. In 2005, Belgium passed an act making mediation a part of the Code of Criminal Procedure, and mediation was introduced to address the problem of overpopulated prisons. One proposal was “restorative detention” where civil servants would work in prisons to counsel prison personnel on how to promote a restorative environment. The main goal is reinforcing prisoners to think about the harm they have caused and how they can mend that harm. The final section of the article discusses the author’s findings from employing mediation and restorative justice frameworks in Belgium prisons.

Put, Johan and Walgrave, Lode. Belgium: From Protection Towards Accountability?

This chapter traces the development and current trends of the Belgium juvenile justice system. Currently in Belgium, the juvenile justice system is in a period of flux, floundering between a restorative and protective approach on the one hand and a more punitive and repressive approach on the other hand. The authors argue that any new juvenile justice reforms that emerge in Belgium are likely to be based on restorative practices that encourage the accountability of the offender and the reparation of harm. The authors begin with a review of the history of juvenile justice in Belgium, which has been guided by the principle that juvenile offenders need protection and education. The juvenile justice system is governed by the Federal Government, which is responsible for establishing local youth courts and presenting them with a range of acceptable sanctioning options. Within this framework, the local youth courts are given wide latitude in determining the course of juvenile justice within their communities. Critics have argued that the current legislative framework in Belgium does not give local communities enough guidance on the provision of juvenile justice. Indeed, these critics charge that the current system of local youth courts appears to be operating successfully mainly due to the “creativity and goodwill” of local judges and practitioners who keep the system running in the absence of a coherent set of legal guidelines. The authors next consider the current situation in Belgium concerning growing public concern over juvenile crime, which is largely unsupported by available crime statistics. Most of the concern, it is argued, has been targeted at ethnic minority youth, primarily Moroccans and Eastern Europeans. Research has shown that the socioeconomic and education exclusion these groups face in Belgium society is mainly responsible for the disenfranchisement experienced by these youth. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Government of Belgium. Law of 22 June 2005 on mediation

This legislation addresses the use of mediation in the the Belgian criminal code. The text is in French and Dutch.

Eyckmans, David. New Belgian Law on Mediation

According to the Belgian law of 22 June 2005, a mediation process can be started on the request of persons who have a direct interest in a criminal procedure, and this is possible during the whole criminal procedure. Also mediation after trial, during execution of the sentence is not excluded. (excerpt)

Daelemans, Ann. Guiding the Change Process in Belgian PrisonsTowards a Restorative Prison Policy.

The presentation will deal with the implementation of restorative justice in the Belgian prison system. In 2000, the position of the restorative justice consultant was created in order to realise a ‘restorative detention’. RJ-consultants are working within the prison walls and are employees of the Federal Department of Justice. In their mission of guiding the change process towards a restorative prison policy, they have an advisory role towards the prison governor. (excerpt)

Verbeeck, Pieter. Thorny theses concerning victim-offender mediation in a judicial context.

The aim of my workshop is not to give an overview of the situation in Flanders. But I would like to take out a few of the themes that through the years often reoccurred in discussions within the steering committees. These committees are responsible for the local policy in restorative justice and consist of different judicial and welfare policymakers (a Prosecutor, a University professor, welfare workers, a police representative, a judge, the mediators … ). These themes are: How can the confidentiality of the mediation process be guaranteed?, How to select files for mediation?, Voluntariness of a mediation offer done by a Prosecutor?, What with a non-confessing offender?, Is the legal security guaranteed? (excerpt)

Buntix, Kristel. Mediation in Homicide Cases: Opportunities and Risks.

This brief article provides a brief overview of victim offender mediation in Belgium from early pilots in youth justice to the implementation of restorative justice programmes in Belgian prisons.

Lemonne, Anne. Victim Policy and Restorative Justice Policy Regarding Serious Cases in Belgium.

The presentation aims to analyse the evolution of restorative justice practices in Belgium in the light of the policy in favour of victims and hence to explore the potential paradoxes between restorative justice developments and victim policy. It focuses on the way the Belgian criminal justice system currently deals with victims in cases of serious violence. I a first part of the presentation, the contrast between existing programs (victim oriented programs such as victim impact statements at the level of conditional release and restorative justice programs such as mediation for redress) will be explored at a discursive level. In a second part of the presentation, results from interviews with victims and observations in victim services realised in the framework of an evaluative research on victim policy developed by the National Institute of Criminalistics and Criminology will be discusses. Case studies and victim perceptions of the current measures implemented both in the field of victim programs and restorative justice programs will be presented. The purpose of the contribution is to highlight to which extent victim oriented and restorative justice programmes have the potential to answer to victims’ need and the explore potential paradoxes of restorative justice. (excerpt)

Delvigne, Alice. Boundaries in Victim-offender Mediation: Reflections on Mediation in Certain Cases and Crimes.

Often, we as mediators, have to defend ourselves and the mediation. Critical voices shout that it’s impossible to mediate with certain persons, in certain crimes, etc. As mediators, we also notice sometimes difficulties and limitations in our practice. In order to summarize possible difficulties, many examples passed in mind. We will first sum up some difficulties and ask the question if indeed there are cases, persons or crimes, where mediation is impossible. Then we will search for some boundaries and ask the question if mediation, despite of the possible difficulties, might be the best way to react. (excerpt)

Lemonne, Anne and Van Camp, Tinneke. Critical Reflection on the Development of Restorative Justice and Victim Policy in Belgium

The challenges of the criminal justice system, including the needs of crime victims and the growing attention for restorative justice as an alternative to retributive criminal procedures, have attracted the attention of the United Nations Congress in Bangkok (April 2005). This paper unites both interests in analysing the evolution and implementation of restorative justice practices in Belgium in light of the developments concerning the policy in favour of victims in the same country. In this paper, we will essentially analyze the evolution of the position of victims of crime committed by adult offenders. Therefore, the first part of our contribution discusses the victim policy developments in Belgium. The second part deals with the description of restorative justice developments for adult offenders at the level of policy and practices in the same country. Finally, the last part of this contribution focuses on the parallels between policies and practices in both fields and in particular aims to argue how restorative practices for adult offenders and victim policy currently implemented in Belgium answer to the victim's needs and rights, as they have been formulated by the Belgian National Forum for Victim Policy. In addition, we will explore the complementarity between restorative justice developments and the policy in favour of victims, which transcend the Belgian boundaries. Our discussion is mainly based on analyses of national legislation, on results of evaluative research having already been conducted in the field of restorative justice and on ongoing research regarding the consideration of victims in the criminal justice system in Belgium, and on the study of the scientific literature on victim policy and restorative justice. It is therefore to be considered as an inductive process of reflection, which can produce new research questions and more profound empirical analyses. (excerpt)

Aertsen, Ivo. La médiation sociale en Belgique et les débats sur la justice restaurative en Europe (ou, Le développement d’une justice réparatrice orientée vers la victime: la problématique et l’expérience belge)

Une synthèse de la session de formation continue "La justice en perspectives", organisée par l'Ecole nationale de la magistrature et dirigée par Jean-Paul Jean, directeur de la Mission de recherche Droit et Justice en France.

Eyckmans, David and Dufraing, Dirk and Regelbrugge, Marianne and Dufraing, Dirk. The concept of restorative justice in prison seen from the community and illustrated by the practice of victim-offender mediation

As David Eyckmans, Dirk Dufraing, and Marianne Regelbrugge point out, to understand the topic they address in this presentation, it is important to recognize that Belgium is a federal state consisting of communities and regions. Determination of law and policy in Belgium is shared by the federal government and regional communities and their authorities. The Flemish region is one of those communities. In general, with respect to criminal justice the federal government has responsibility for major functions concerning sanctions and incarceration of offenders. The communities have responsibility more for aid and social services, including those to prisoners and their victims. Since 2000 the federal Minister of Justice has begun to incorporate aspects of restorative justice in prison policy. Against this background, the authors detail the way the Flemish community, in cooperation with federal justice authorities and other organizations, is trying to pursue a restorative initiative toward prisoners and their victims. The authors discuss in this regard the conceptual framework for and outcomes of victim-offender mediation in prison.

Biermans, Nadia. Restorative justice and the prison system

For about two years now, Nadia Biermans, along with others, has been trying to apply restorative justice ideas and practices in Flemish prisons. Based on her experiences, in this paper she raises some questions and makes certain observations about restorative justice in the prison system. She begins by explaining how restorative justice in Belgian prisons began and how it is organized. This leads to discussion of the question of whether restorative justice has a place in prison, the issue of educating and persuading the wider public about restorative justice, and successful ingredients for introducing restorative justice in prisons.

Vanfraechem, Inge. Conferencing for Juvenile Delinquents at the Level of the Youth Court

In November 2000, an action research started on the implementation of Family Group Conferences in Flanders, Belgium for which the first referral was made in January 2001. The idea is to set up conferencing, based on the New Zealand model and evaluate whether or not this model is applicable in Belgium and if so for whom. In this paper we will describe the set up of the program, as well as different issues with regard to working at the level of the youth court: what criteria are used, how are cases referred, what kind of outcomes are presented and how do judges follow up the project. (excerpt)

Snacken, Sonja. Justice et société : une justice vitrine en réponse à une société en émoi ? L'exemple de la Belgique des années 1980 et 1990

L’insécurité et la victime sont devenues des thèmes politiques importants depuis les années 1980, amenant une poltique criminelle axée sur l’efficacité, la célérité et la visibilité de la réaction pénale face à la petite criminalité urbaine. Cette dernière est en effet considérée par les politiques comme responsable des sentiments d’insécurité et du succès électoral de l’extrême-droite à partir de 1991. Des «nouvelles mesures pénales» ont été introduites dans les années 1990 afin de contrer ces sentiments d’insécurité et de redonner une place à la victime dans le système pénal, sans pour autant recourir nécessairement à l’emprisonnement : la médiation pénale, le travail d’intérêt général, les alternatives à la détention préventive, la procédure accélérée. Nous tentons de prévoir l’impact de cette politique criminelle en analysant la cohérence de la législation élaborée et de sa mise en œuvre, ainsi que la pratique débutante. Il apparaît que la politique criminelle menée reste très ambivalente quant aux modèles de justice proposés. En plus, le pénal ne saurait être la seule réponse face aux sentiments d’insécurité et à la montée de la victime. Le message actuel que «plus de pénal» apporte une solution aux problèmes de société ne peut être que contreproductif. Résumé de l'auteur. Author's abstract.

Vanfraechem, Inge and Walgrave, Lode. Restorative Conferencing in Belgium: Can It Decrease the Confinement of Young Offenders?

From November 2000 through October 2003, five youth courts in the Flemish section of Belgium ran a pilot program exploring the use of restorative conferencing with serious youth offenders. The conferencing program relied on the New Zealand family group conferencing model, which seemed appropriate for more serious offenders. The data collected during the pilot programs are presented here. The results indicate that restorative conferencing can be implemented within the existing Belgium juvenile justice system and that judges, advocates, police officers, and social workers are satisfied with the use of the New Zealand model. Very high rates of satisfaction were also noted among victims, offenders, and their parents. Recidivism may also have been reduced as a result of the conferencing program, with a re-conviction rate of only 22 percent for juveniles who participated in the conferences compared to the 58 percent reconviction rate among juveniles who did not participate in the program. The success of the conferencing program in Belgium opens the door to a feasible approach for reducing the number of juveniles housed in detention facilities. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org

Vanfraechem, Inge and Lemonne, Anne and De Klerck, Sabien and Lemonne, Anne. Victim-Offender Mediation with Juveniles in Belgium (1. Flanders, 2. Walloon)

The European Commission’s Grotius II Criminal Programme initiated a project to address the need for better understanding of victim-offender mediation practices with juvenile offenders and justice systems in Europe. Under this project, studies were contracted and research papers produced to examine the situation in a number of European countries. Each study covered the following matters: norms and legislation allowing for the implementation of VOM programs; theoretical frameworks of VOM centers; organizational structure of VOM centers; categories and profiles of juvenile offenses; professional characteristics and job satisfaction of mediators; and advantages and criticisms of VOM. The papers were presented and discussed at a final seminar in Bologna, Italy, September 19-20, 2003. Within the categories mentioned above, this particular paper surveys victim-offender mediation with juveniles in Belgium. There are two parts to the paper: the first covers Flanders; and the second covers Walloon.

Vanfraechem, Inge. Conferencing for juveniles committing serious offences in Belgium

In November 2000 a pilot project began in Flanders, Belgium, to offer conferencing for juvenile delinquents committing serious offenses. The project is funded by the Flemish government and evaluated by the Research Group on Juvenile Criminology at the Catholic University of Leuven. Functioning in five districts in Belgium (Antwerp, Brussels, Hasselt, Leuven, and Tongeren), it has dealt with about 60 juveniles and led about 45 conferences. Inge Vanfraechem summarizes the operations and outcomes of this pilot program to date.