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Arkwright, Norman. Restorative Justice in the Solomon Islands

Arkwright discusses the sources of conflict in the Solomon Islands and the ways in which solutions proposed by the government has undermined the meaning and importance of traditional conflict resolution processes that included restitution. The government has taken the responsibility for repaying people for property lost in the conflict and has invited submissions. The result of this is an undermining of traditional conflict resolution processes. The payment of large amounts of money as compensation from the losses das changed the focus of many people from reconciliation to compensation. Arkwright outlines the disastrous effects this can have.

Banks, Cyndi. Victims in the Village: Aspects of Restorative Justice in Papua New Guinea

In the villages of Vanimo West Coast, Papua New Guinea, restorative justice processes continue to adhere to traditional practices and beliefs. The article examines how modernization has influenced traditional restorative practices and in particular how the criminal justice system is perceived and used by indigenous peoples. It also identifies the kinds of acts considered injurious, traditional restorative justice practices, and modern attitudes and practices by victims seeking justice. Villages have maintained a private/public distinction in their disputes, keeping disputes between close kin private, and publicizing others. Traditionally, disputes made public would be taken to the Chief. Today, in some cases, the courts and the community government council are the chosen forums for publication. Sometimes a victim seeks only to shame the offender by making the dispute public, this being an end in itself. The article makes explicit the capacity of victims for adaptation and the continued resilience of custom in resolving grievances. Abstract courtesy of Natinal Criminal Justice Reference Service, www.ncjrs.org.

Bargen, J. Critical View of Conferencing

A critique of two new criminal justice initiatives, sentencing circles in Canada and family group conferences in Australia, is presented. Sentencing circles in Canada involve a process whereby community members recommend the sentence in cases involving other members of the same community. Family group conferences in Australia allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Both collective and individual accountability for offending behavior. Both initiatives are evaluated in terms of their implications for aboriginal and indigenous communities.

Briggs, Daniel and Auty, Kate. Koori Court Victoria – Magistrates Court (Koori Court) Act 2002.

The introduction of Koori Courts in Victoria pursuant to the Magistrates Court (Koori Court) Act 2002 has not been without its detractors and like all change, is attended by controversies. Steps which attempt to ‘move the law along’ (as if she were an old bag lady), are often seen as a threat to the legitimacy of the legal system. Before we even commenced sitting at Shepparton by the Bayunga or Koriella river, known to non-Aboriginal people as the Goulburn, our regional Koori court was the subject of criticism with members of the legal profession commenting that Aboriginal people would not be able to find their way to the court, or that they would ‘go walkabout’ on the day of the hearing (Herald Sun 6/5/2002). This early criticism was met by much positive commentary (The Age October 2002). Nevertheless criticism continued, when a senior member of the Victorian bar, citing the establishing Act incorrectly, suggested that the Koori Court ‘tipped the scales’ and provided ‘luxury’ or ‘special’ courts and some ill-defined special regime of sentencing options (Galbally, Herald Sun 13/3/2003). He also contrasted the banning of Father Christmas from child-minding centres with the Koori Court initiative. The Victorian Attorney General, Rob Hulls criticised the ‘impaired logic’ which underpinned this commentary (Herald Sun 14/3/2003). It is timely to put the controversy and distractions to one side and start seriously considering what we do in the Koori Court in Victoria. (excerpt)

Connolly, Marie. A Perspective on the Origins of Family Group Conferencing

It is widely acknowledged that family group conferencing originated in Aotearoa New Zealand with the introduction of the Children, Young Persons and Their Families Act 1989 and its creation of the family group conference. However, says Marie Connolly, what gave rise and shape to this development is a far more complex question. It is that question she explores in this paper. Toward that end, she looks at cultural issues at the heart of practice changes in Aotearoa New Zealand. Specifically, she discusses the place of the child in Maori society and the child’s relationship to familial kinship structures in Maori culture, and the ways in which New Zealand child welfare legislation and policy before the 1989 Act misunderstood or ignored that place and that relationship.

Dinnen, Sinclair and Cain, Tess Newton and Jowitt, Anita and Cain, Tess Newton. A Kind of Mending: Retorative Justice in the Pacific Islands

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.

Goddard, Michael. The Age Of Steam: Constructed Identity and Recalcitrant Youth in a Papua New Guinea Village

Michael Goddard describes the Village Court in Pari Village Port Moresby, Papua New Guine. The institution of the village court, where traditional leaders use informal processes to respond to conflicts and minor crimes, has been described as restorative. Goddard challenges this view by looking at the meanings behind certain practices in the village court at Pari. He states that in this analysis of the Pari Village Court, "I contextualise a judicial process which might be glossed as restorative in issues of comunal identity, the interpretation of tradition and the negotiation of modern sociality. I hope to show here that restorative justice cannot be analytically abstracted from its immediate social context, and that within that context it can founder on the contestability of the cultural meaning to which it is putatively adapted.

Hazlehurst, K and Dunn, A. T. Aboriginal Criminal Justice

Aboriginals are overrepresented at every level of the Australian justice system. Compared to non-Aboriginals, they were more frequently convicted of person offenses and less frequently convicted of property offenses. Researchers and administrators have examined factors contributing to high Aboriginal incarceration rates. State and territorial Governments have been urged to address the situation by upgrading legal and rehabilitative services, examine areas in which justice may fail to be impartial, and develop community justice options such as dispute resolution and community service orders. In addition, efforts are needed to enhance the quality of Aboriginal life, re-empower Aboriginals, and aboriginalize criminal justice administrations.

Hazlehurst, K. Resolving Conflict: Dispute Settlement Mechanisms for Aboriginal Communities and Neighborhoods?

Modern community justice mechanisms or dispute settlement programs can be grafted upon customary or existing Australian Aboriginal methods of handling disputes. The Aboriginal dispute settlement process can have a complementary relationship with the criminal justice system, and it might be welcome as a diversionary alternative for minor offenses and disturbances of the peace. The author considers possible lines of mediation, referral, and processing; a judicial-informal system with an Aboriginal community council and courts; and a community-based autonomous system of community dispute resolution centers.

Hosmanek, Andrew J.. Cutting the Cord: Ho'oponopono and Hawaiian Restorative Justice in the Criminal Law Context.

Ho’oponopono, explains Andrew Hosmanek, is a traditional Hawaiian dispute resolution system. Interest in this traditional practice has increased in recent years. The word “ho’oponopono� means “to make right.� It involves participation by both offender and victim, as well as other concerned parties, in a kind of guided mediation. Ho’oponopono differs from other kinds of mediation in this way. After a successful mediation of this kind, the participants figuratively “cut the cord.� That is, they sever the tangle of legal and psychological bonds resulting from the offense or wrongdoing. The dispute is then put to rest forever, and true healing can begin. While recent interest in ho’oponopono has focused on family law disputes, Hosmanek extends this approach to potential applications in criminal law. He does this by providing a brief history of ho’oponopono, explaining its methods, describing current applications of it, and proposing a general plan for its use in the criminal law setting.

Incorporating Custom Law into State Law in Melanesia1

In this article, Pat Howley describes the revival of custom law in Bougainville and its importance in building peace.

Joseph, Robert. "Maori customary laws and institutions-Crimes against the person, marriage, interment, theft.

In a topical rather than a historical study (though with historical examples throughout), Joseph surveys the kinds of customary laws and institutions among the Maori in pre-colonial times, with particular attention to those relating to crimes against the person, marriage, interment, and theft. While there were differences in laws among various Maori groups, Joseph states that in general Maori laws and institutions presumed a collective responsibility for offending and restoration, and embodied a longing for harmony. Also, they rooted in and stemmed from the religious framework of Maori life.

New Court for Aboriginal Youth

In late 2004, new legislation created a Children’s Koori Court in the Australian state of Victoria. The Children and Young Persons (Koori Court) Act 2004 augments 1989 legislation, which established specialized Children’s courts. With this new initiative, the government is attempting to create a less formal, more culturally relevant justice experience for young aboriginal offenders, their families, and community.

New Zealand Ministry of Justice.. "He hinatore ke te ao Maori- A glimpse into the Maori world: Maori perspectives on justice. "

Maori people are disproportionately involved in the criminal justice system in New Zealand. At the same time, Maori terms are increasingly used in New Zealand statutes. In view of all of this, the New Zealand Ministry of Justice set out to examine traditional Maori perspectives on justice. The Ministry’s primary purpose in this book is not to recommend criminal justice reform. It is to achieve an understanding of Maori customary law (“tikanga") by exploring Maori cultural values, beliefs, principles, and practices, especially as these concern dispute resolution. The book consists of three parts: the first part deals with traditional Maori concepts and customary law; the second part presents eight case studies of dispute resolution from the 1930s and 1940s in parts of New Zealand where Maori custom still was strong; and the third part surveys a collection of Maori behaviors, philosophies, emotions, and cultural influences. Appendices to the book provide a chronology of the project, terms of reference, and the methodology. A glossary of Maori terms is also included.

Nolan, Christine. Alternative Dispute Resolution in Aboriginal and Islander Communities: The Community Justice Programs Experience.

Nolan expresses the ideas of conflict between people being co-opted by the state. She then relates how this is doubly true for Aboriginal peoples whose methods of dispute resolution were subsumed by colonizing powers. In an attempt to bring alternative dispute resolution to communities, the community justice program used mediation. The program provided and trained mediators for communities. The program tried to be culturally sensitive enough to allow the aboriginal communities to develop their own systems.

Potas, Ivan and Smart, Jane and Brignell, Georgia and Smart, Jane and Thomas, Brendan and Smart, Jane and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane. Circle Sentencing in New South Wales: A Review and Evaluation

Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Ratuva, Steven. Re-inventing the Cultural Wheel: Reconceptualizing Restorative Justice and Peacebuilding in Ethnicaly Divided Fiji

Ratuva discusses inter-ethnic conflict between indigenous Fijians and Indo-fijians. While the govenrment is working with a national reconcilaition program which creates more social interaction, Ratuva argues that the nation needs a process to focus on the underlying causes to the conflict. He proposes adapting the traditional Fijian veisorosorovi process to be used in the inter-ethnic context. This process is a ceremonial setting where parties in conflict come together to resolve that conflict. This includes the admission of mistakes, forgiveness, resiprocal engagement, premptive action, trust and expectations, and transforming collective relations.

Sarei, Noel. Country Report: Papua New Guinea

Papua New Guinea has legislation policies, which are directed at the protection of victims of crime. The Papua New Guinea Constitution speaks of the Basic Rights of all people (Division 3. Basic Rights. Sections 32-56) but not specifically on the ‘victims of crimes’. The Papua New Guinea Department of Attorney General in its 2000 Policy on Community Corrections further made a commitment to protect the victims of crime in Papua New Guinea. The ten year plan – The National Law and Justice Policy and Plan of Action 2001-2010 entitled Towards Restorative Justice pursues very strongly the development of a Victim Support Policy. The Policy states: “Developing a Victim Support Policy promotes another goal of the law and Justice Policy. That goal is to bring the victims of crime and conflict back into the centre of the law and justice process. All too often, victims are either ignored or sidelined under the current system. A vital step towards restoring confidence and genuine fairness in law and justice processes is to recognise the injury suffered by victims and to support when appropriate. The aim of this policy is to evaluate and strengthen the existing support structures such as the women’s refuges; Police Sexual Offences Section; the parole and probation; Life Line, social workers at the hospitals; the churches; criminal compensation; the courts; and the non-government organizations who are taking the lead to provide assistance to the victims of crime. (excerpt)

Schwartz, Melanie. Opening a Circle of Hope: The NSW Government Review of Circle Sentencing.

Circle Sentencing was introduced in Nowra, NSW as a pilot program in February 2002. While the law has been one of the primary tools of dispossession and disadvantage for Aboriginal people, circle sentencing aims to empower Aboriginal communities in the sentencing process, create more relevant and meaningful sentences, and strengthen local community through the process. The recent government review of the Nowra circles (the Review) recognises that the trial has been successful not only in breaking the cycle of offending, but has the potential to strengthen Aboriginal communities so that the underlying causes of crime are addressed. (excerpt)

South Australia: Nunga Court II – Aboriginal Sentencing Conferences

The Nunga Court of South Australia was established in 1999 to provide a culturally relevant sentencing option for Aboriginal offenders. 2005 legislation legitimizing the Nunga court required that victims be given the opportunity to participate in addition to the offender, elders, and community members. In response, the regional court in Port Lincoln is piloting an Aboriginal Sentencing Court incorporating elements of the Nunga Court model and restorative conferencing and sentencing circles from Canada. This article summarizes a paper by Dr. Andrew Cannon, Deputy Chief Magistrate and Senior Warden for South Australia, describing the new Aboriginal Sentencing Conferences. A link to the full paper is below.