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Provides articles discussing restorative justice advancements in Asia. Articles appear in the order in which they were added to the site with the most recent appearing first.

Muladi. The prospect of alternative sanctions in Indonesia
In looking at the prospects for alternative sanctions in Indonesia, Muladi notes the growing attention in criminology to community-based alternatives to incarceration. Muladi focuses on alternative sanctions intended to satisfy the same goals as custodial sentences, not alternative sanctions with alternative goals (a more radical approach, as he states). This leads to a review of the history of alternatives to custodial sentences in Indonesia and of the advantages of alternative sanctions. Muladi goes on to discuss the implementation of alternative sanctions based on the current Indonesian penal code and then in relation to a draft proposal for that penal code
Brinker, Gregory P. Indiana Juvenile Crime Forum proceedings
In 1997 a series of hearings were held throughout Indiana to gain firsthand knowledge about juvenile justice from judges, prosecutors, probation officers, law enforcement officials, nonprofit agency representatives, and others. The purposes were to investigate the scope of juvenile crime in Indiana and the impact of its costs on Indiana communities. Subjects of the hearings included juvenile justice costs; aftercare programs; detention and juvenile correction facilities; prevention and intervention programs; the role of nonprofits, schools, and families; legislation; and the juvenile court process.
Ruth-Heffelbower, Duane. Indonesia: Restorative Justice for Healing a Divided Society
The modern Restorative Justice (RJ) movement began in North America as an approach to crime, and in New Zealand as an approach to child welfare issues. Both were based on the communal experience familiar to villagers worldwide. Societies which cannot afford to lock up those who violate societal norms have traditionally used restorative methods to return people to productive life in the community. Over the past 20 years or so certain principles of restorative justice have been recognized. These principles have been applied to criminal behavior, child welfare, school discipline, personnel management, and other areas of human interaction. In this paper the author explores the use of these principles for healing a large and deeply divided society, the country of Indonesia. The paper uses theory developed through years of practical application, and examines current efforts to apply the principles to various aspects of Indonesia's crises.
Merkel, Jim. Prison without Walls: Kerala's Open Prison Draws on Strengths of Community Life
More than 30 years ago, Kerala's central government set up a commission that recommended open prisons focused on reform. In August 1962, Kerala's first open prison was inaugurated. Currently, it's the only open prison in Kerala, although Indian states Uttar Pradesh and Andra Pradesh also have this type of prison. Viewed as an experiment, the prison holds about 280 prisoners. Every convict begins his sentence in a closed prison, and those who exhibit good behavior are transferred to the open prison. The open prison is known for treating prisoners with respect and entrusting them with responsibilities for work on the rubber plantation, personal chores, and cooperation within the prison community. Attempting to escape or committing any criminal offense after release will result in incarceration in a closed prison. To date, there has been only one repeat offender.
Haley, John O. A Spiral of Success: Community Support Is Key to Restorative Justice in Japan
The author states that no industrial democracy has been as successful as Japan in dealing with crime. Japanese authorities have learned from experience that offender correction and restoration to the community are essential elements of an approach that has proven to be effective in correcting socially deviant behavior. What has developed is a spiral of success, with law enforcement officials, community members, criminals, and victims working interdependently to prevent crime and reintegrate offenders back into the community.
Mennonite Central Committee. Making Peace in the Indigenous Way in the Philippines
In anecdotal fashion, highlighting the work of the Upland Development Institute in the Philippines, this article relates traditional Philippine processes for addressing conflicts and offenders in relation to a more Western legal system.
van Gelder, S. The Ecology of Justice: Making Connections to Stop Crime
Discusses the relationships between healthy communities and their healing approaches to justice. This article calls for providing those who make mistakes to have an opportunity and an incentive to make amends and to be reaccepted. Also included in this special edition are article exerts from Daniel Van Ness and Walter Dickey on restorative justice; readings on inner-city crime prevention programs that work by Anne Sulton, M. Isolina Ferre, Lois Arkin, Ron Cowart, Robert Harris and Lupe Loena; on Japanese justice by John O. Haley, corporate crime by John S. Adams, open prisons in India by Jim Merkel; and stopping crime at its roots by Robert Gilman.
Wong, Dennis S. W.. The recent development of restorative social work practices in Hong Kong.
Restorative justice has grown rapidly in the last two decades with the emergence of new practice approaches in juvenile justice and school social work. This article briefly analyses the backgrounds leading to the emergence of restorative justice around the world. It highlights the basic ideas and themes of restorative justice, and discusses how it may be adopted in youth services such as school social work and juvenile justice in Hong Kong. (author's abstract)
Kouvo, Sari and Mazoori, Dallas. Notes from the field: Reconciliation, justice and mobilization of war victims in Afghanistan.
This article traces the early stages of civil society mobilization for transitional justice and recent efforts to establish a network of war victims in Afghanistan. Specifically, it focuses on the development of the Transitional Justice Coordination Group and its victim-centered activities, such as organizing a Victims’ Jirga for Justice in 2010 and a National Victims’ Conference in 2011. It also situates these developments in the context of the broader transitional justice and reconciliation processes occurring in Afghanistan. (author's abstract)
. In the name of Delhi Gang Rape: The proposed tough juvenile justice law reform initiative.
The incident ofDecember 16, 2012 sparked a significant social and legal debate regarding the laws of sexual offences as well as subjectingjuveniles to the criminal justice system. The Cabinet has proposed an amendment to the Juvenile Justice Act that would allowprosecution ofjuveniles between 16 and 18years for heinous crimes. This essay reflects on the history ofjuvenile justice and cautions against hasty reforms that would alienate and punish rather than assimilate and reform juveniles who may offend the law. (author's abstract)
. Revisiting people's mediation in China: practice, performance and challenges.
In China, the term 'people's mediation' generally refers to folk mediation sponsored by people's mediation committees, in which parties to disputes are brought together for conciliation, based on the laws and norms of social morality. The goal of people's mediation is to promote mutual understanding in order to reach voluntary agreements to settle disputes and realise a harmonious society. People's mediation was born of Maoist resistance to feudal Chinese forms of mediation, although it is infused with Confucian values which were initially rejected and only recently revived by the Communist Party. Because of its popularity, this form of mediation has attracted much attention from academics, practitioners and policymakers alike. After exploring its cultural context and historical evolution, this paper revisits existing literature and relevant laws on people's mediation and summarises certain components of people's mediation, including its cultural value, historical origin, legal principles, practices, and challenges. (author's abstract)
Gohar, Ali. Who learns from whom? Pukhtoon traditions in modern perspective.
In the world today there are many concepts, theories, disciplines and terminologies that existed with different names in traditional societies in the past. These traditional communities not only put into practice these concepts and disciplines in their daily lives but also ran their affairs with other tribes and countries based on these concepts and theories. The only thing that makes it difficult for the average person on a grassroots level is the changes in the language and the lack of a record in their native language. (excerpt)
Alkon, Cynthia. The Increased Use of Reconciliation in Criminal Cases in Central Asia: A Sign of Reform or Cause for Concern?
This statement sums up the challenges facing any discussion about mediation or reconciliation of criminal cases in Central Asia. First there is a very different understanding of what sorts of criminal cases might best be brought to alternative processes in lieu of criminal prosecution. Second, the attitudes surrounding victims, defendants, and certain types of crimes start from a very different point than in many western countries... It is this dual difference that those in the international community must confront and understand in evaluating the increased use of alternatives to court proceedings throughout Central Asia, and before embarking on any assistance program to support or encourage its increased use. (excerpt)
Mok, Louis W.Y. and Wong, Dennis S. W.. Restorative Justice and Practices in China.
Restorative justice is developing robustly within the criminal justice system particularly in the field of juvenile justice. With the efforts devoted to policy development and intervention practices, activities at government and community levels suggest that restorative justice is emerging as an increasingly important element in mainstream criminal justice. Though restorative justice initiatives are one of the new initiatives for dealing with offending in many western countries, there has been relatively little experience of actual use of restorative practices in controlling juvenile offending and criminal justice intervention in China. In this paper, we first describe key themes of restorative justice and practices. We then highlight how restorative justice and practices been operated in the present juvenile justice in China. Finally we discuss the way ahead for the development of restorative justice. (Excerpt).
Ngan, Raymond M. H. and Cheng, Christopher H. K. and Ma, Stephen K. and Wong, Dennis S. W.. Program effectiveness of a restorative whole-school approach for tackling school bullying in Hong Kong.
With bullying in schools high on policy makers’ agendas, researchers are looking for effective strategies to tackle its disruptive effects. The present study sets out to address this issue. First, the prevalence of bullying is examined in Hong Kong High Schools, and second, the effectiveness of a Restorative Whole-school Approach (RWsA) in reducing bullying is examined in a quasi-experimental design. The RWsA emphasizes the setting up of restorative goals, clear instructions, team building, and good relationships among students, parents, and teachers. Over the course of 2 years, and across four schools, the effectiveness of this program was observed by comparing an intervention group with a partial intervention group (which did not receive the full treatment) and a control group (which received no treatment whatsoever). The group that received the RWsA treatment exhibited a significant reduction of bullying, higher empathic attitudes, and higher self-esteem in comparison to the partial intervention and the control group. (authors' abstract)
Cheng-Dar Huang and Yu-Shu Chen and Chuen-Jim Sheu. An empirical study on restorative affecting factors for penal mediation -- A restorative justice perspective.
Penal mediation has a long history in Taiwan. It is part of local autonomy administration and has the function of auxiliary justice、restoration、diversion and high acceptance by the public. They are two purposes for this study: to find out whether the penal mediation contains the elements of restorative justice and to find out the affecting factors that could maximize the benefits of penal mediation. Two research methods are used. It interviewed 3 mediation commission chairpersons and 3 mediation commission secretaries. It also surveyed 498 mediation participants. The results of in-depth interview show that interviewees used “social conflict" rather than “crime" to view the mediation case under mediating,and penal mediation contains the elements of restorative justice, diversion, emotional release ,harm reduction and relation rebuilt. It is very important that the mediation members hold an attitude of rationality and fairness in order to achieve mediation agreement. Survey results show that more than 80% percent of the respondents positively responded to procedural satisfaction,result satisfaction ,restoration and identification with the mediation system. In addition, if there are sufficient opportunity for interactive dialogues and conciliation among participants, the mediation results are better. Multiple regression indicates that subjective procedural factors(attitudes toward the mediation commission members), and the objective procedural factors(the meeting was conducted in a circumscribed location, the amount of monetary restitution, the number of times the mediation was conducted and the length of time the meeting was conducted) are the major affecting factors of penal mediation success. It is therefore suggested that mediation meeting which is conducted in a circumscribed location, participants are able to release their emotions, commission members are fair and rational, these factors are able to increase the power and will of participants’ restoration. It is also suggested that interactive dialogues among participants should be encouraged. (authors' abstract)
Chuen-Jim Sheu and Shu-Wen You and Cheng-Sheng Kao and Su-Hui Chang and Ching-Ming Chang and Yu-Shu Chen. A study on the content of Atayal traditional concepts of justice.
Aboriginal literature have shown that aboriginals around the world usually possess particular cultures, and used religion or tribal leaders to peacefully resolve conflicts or crime. Braithwaite (1999) pointed out that, we ought to use restorative justice model first to deal with crime, and then we can reduce the need to use punitive or incapacitation justice model. There are two purposes for this study: to investigate the content of Atayal traditional justice concept and to compare it with other justice models. This study used in-depth interview to collect data. Data were collected from 8 mediators or pastors or Atayal police officials working in Atayal communities. Data analysis indicates that there is no concept of “crime” in the Atayal tradition, instead a “wrong” in used. It is also found that the traditional Atayal justice is deeply influenced by the Atayal belief system of Gaga that there should be social harmony, redemption and pursuit of absolute good in the handling of crime. This study also found that there is no punitive element in Atayal concept of justice. The Atayal traditional concept of justice is partially related to Reparatory Justice and Blood Feud model. However, the Atayal traditional concept of justice is highly related to the Restorative Justice. (authors' abstract).
Restorative Justice for Juveniles and Adults in Thailand
In 2004, Thailand introduced restorative conferencing as a response to juvenile offending. This approach has subsequently been expanded for use in domestic violence cases and with adult offenders through the Department of Probation. In this article, Wanchai Roujanavong, Director General of the Department of Probation, describes the introduction of restorative justice into Thailand, its legislative support, and outcomes to date.
New Juvenile Justice Law in the Philippines
With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria Macapagal-Arroyo, the Philippines introduced a new juvenile justice system. Among the many provisions seeking to protect children in conflict with the law, the legislation calls for restorative justice to be an integral part of the new system.
Boonsit, Angkana. Restorative Justice by my experience
Fortunately, the Director-General of the Department of Probation, Dr. Kittipong Kittayarak, is the leading thinker on restorative justice in Thailand. So, there is a master plan of the justice system which supports restorative justice. The vision in this plan is “to develop the justice system by enabling effective use and also enhancing a just and fair, restorative and peaceful society beyond equilibrium between law enforcement and human dignity”. And the mission is “to promote and to develop the justice system and its mechanisms regarding rights/liberty of people, the community and other organizations. The rights of the victim are emphasized for enhancing a vigorous and harmonious society.” (excerpt)

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