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New Frontiers in Restorative Justice

Go here for the conference paper presentation sessions

 

 

Programme

Thursday 2rd December

12.00noon Registration opens
4.00pm Welcome/powhiri: Her Excellency Dame Silvia Cartwright (Governor General of New Zealand)


5.00pm Shared meal


6.00pm Keynote speech. Markers and beacons on a circuitous road: The case for standards and values in restorative justice: Professor Howard Zehr (Eastern Mennonite University, Virginia, USA)

7.30 Katy Hutchinson. The story of Bob: A personal quest for restorative justice

 

 

Friday 3rd December

8.45am Storytelling - Dr Udenta Udenta (Institute for Peace and Conflict Resolution, Nigeria)
9.00am Keynote speech. Culture, Safety, and Family Violence: Professor Joan Pennell (Department of Social Work, North Carolina State University)
10.00am Morning tea
10.30am Paper presentations

12.00noon Lunch


1.30pm Keynote speech. What exactly is RJ? How wide are its unexplored boundaries? Can it make for better policing? Can it help us build stronger communities? Sir Charles Pollard (Youth Justice Board and Justice Research Consortium, UK)
2.30pm Afternoon tea
3.00pm Paper presentations
4.30pm Rapporter

5.00pm Shared meal

6.00pm Supplementary event: presentation of the paper A Clash of Civilizations: Myth or Reality?, by detained political asylum seeker Ahmed Zaoui.

 

Saturday 4th December

8.45am Storytelling - Ms Jackie Katounas (Prison Fellowship of New Zealand)
9.00am Keynote speech. For God's Sake: Terrorism, Religious Violence and Restorative Justice Dr. Chris Marshall (Victoria University, New Zealand)
10.00am Morning tea
10.30am Paper presentations

12.00noon Lunch - A meeting will be held during this break for those wishing to submit papers for the edited book

1.30pm Keynote speech. Indigenous land grievances, customary land disputes, and legal resolution mechanisms: some thoughts from Vanuatu: Ms. Anita Jowitt (School of Law, University of the South Pacific)
2.30pm Afternoon tea
3.00pm Conference theme discussion groups:

  • Human Rights Abuses, Religious Violence, and Terrorism
  • Sexual and Domestic Violence
  • Indigenous Land Grievances
  • Police Culture
  • Standards and Values in RJ
  • RJ in Education
  • RJ in Criminal Justice


4.30pm Rapporter
7.30pm Conference Dinner Guest Speaker: Chief Judge Joe Williams (Chief Judge of the Aotearoa/New Zealand Maori Land Court and Chairman of the Waitangi Tribunal, New Zealand).

 

Sunday 5th December

8.45am Storytelling - Mark Yantzi
9.00am Keynote speech. Rejecting the last resort: linking restorative justice principles with the maintenance of peace and human rights. Professor Margaret Bedggood (International Executive Committee, Amnesty International; University of Waikato, New Zealand)
10.00am Morning tea
10.30am Feedback from the conference theme discussion groups

12.00noon Lunch


1.30pm Rapporter
2.00pm Conference close/poroporoaki

 

Sessions

As you'll see below, a range of fascinating papers have been submitted for the conference. To contribute, visit the Call for Papers page and fill out the Proposal Submission Form. Once accepted, presentations will appear in the sections below:

Human Rights Abuses

Apology and the Limits of National Deliberation on Race: The Australian Case
Kathy Smits (University of Auckland, New Zealand)

 

Emerging Trends in the Application of Restorative Justice Principles in Nigeria: Key Legislations and Advocacy Work. Udenta Udenta (Institute For Peace and Conflict Resolution, Nigeria)

Just war to just peace? Kosovo five years on.
Lynne Alice (Deakin University, Australia)

Peacemaking to Peacebuilding: Restorative Justice and Local Peace Commissions in Nicaragua
Vernon Jantzi and Tracey King (Eastern Mennonite University)

Turkish-Armenian Relations and the USA, 1991-2003
Tigran N. Sarukhanyan (Institute of History of the Armenian National Academy of Sciences, Armenia)

 

Terrorism and Religious Violence

The Raison d'etre of Interfaith Harmony and Conflict Research
Atif Jameel (Human Development Centre, Pakistan)

 

 

 

Sexual and Domestic Violence

Messing With their Minds: Stockholm Syndrome, Childhood, Sexual Abuse and Frontier Issues for Restorative Justice. Shirley Julich and Ann Kerwin (Auckland University of Technology, New Zealand)

Restorative Justice and Past Sexual Abuse - Reflection on 20 years experience with a program model Mark Yantzi (Community Justice Initiatives, Canada)

Sexual Abuse in the Church: A Restorative Response
Lisa Rea (The Justice & Reconciliation Project, USA)

Sexual Violence: The Link Between Child Sexual Abuse and Adolescent Prostitution
Chandrika M. Kelso and Janice Taylor (National University, CA, USA)

The Challenges of Mediating Rape
Karin Sten Madsen and Hanne Andersson (Centre for Victims of Sexual Assault in Copenhagen, Denmark)

The Pitcairn Island criminal trials - How has restorative justice featured? Sarah Coster (Australian National University)

Working with serious violent crime using restorative justice conferencing
Mark Griffiths (Jesuit Social Services, Australia)

 

Indigenous Land Grievances

Is Restorative Justice Able To Deal With Land Grievances Of Indigenous Peoples? A Case Of Malaysia
Loganathan Krishnan (Curtin University of Technology, Malaysia)

Restoration or reconciliation: Providing contemporary reparation for historical injustices against Maori. Meredith Gibbs (Massey University, New Zealand)

No man is an island: implications for a restorative analysis of the Foreshore and Seabed conflict.
Warwick Tie (Massey University, New Zealand)

 

Police Culture

An analysis of the legal mandate and role of the South African Police Service (SAPS) in the implementation of restorative justice in South Africa
Jeanette Smit and Pieter Hansen (Tshwane University of Technology: Pretoria, South Africa)

The South African Police Service's attempt to escape a culture of injustice whilst restoring a community contract of servant-hood and protection.
Herman van Zyl (Tshwane University of Technology South Africa)

 

The Application of Standards and Values to Restorative Justice Practice

Beyond The Journey, Not Much Else Matters: Avoiding the Expert Model with Explicit Restorative Practice. Terry O'Connell (Real Justice Australia) and Paul McCold, (International Institute for Restorative Practices)

"From modest begininnings..."? Considering the emergence of restorative justice
Kelly May Richards (University of Western Sydney, Australia)

Imagining Possibilities - Restorative Justice and Social Change
Iris de León-Hartshorn and Lorraine Stutzman Amstutz (Mennonite Central Committe, USA)

Reconnaissance of South African standards and values in the fight against corruption: Building capacity through the integration of restorative justice practices.
Jacques Pretorius and Herman van Zyl (Tshwane University of Technology - Polokwane)

Restorative Justice and community development practice-how neat a fit?
Fiona Verity and Sue King (Flinders University, Australia, and Social Policy Research Group University of South Australia)

The development and practice issues of using FGC in a multi-agency arena
Julia Hennessy (Essex Youth Offending Service, England) and Tanya Gillett (Childrens Trust, UK)

The Other Dimension of Restorative Justice: What Makes It Justice? Susan Sharpe (USA)

 

 

Continuing Conversations - Restorative Justice in Education

 

Advancing the restorative agenda into the classroom
Margaret Thorsborne ( Director, Transformative Justice Australia (Qld) )
Marg Armstrong ( Education Advisor, Student Health and Wellbeing, Dept of Education and Training, Melbourne, Victoria)
Judith Moxon (Resource Teacher, Learning and Behaviour, Massey High School, Auckland)

An Early Start. Helen Marshall (Restorative Justice Waitakere, New Zealand)

Creating a Culture of Care in Schools Using Restorative Practices
Tom Cavanagh (Colorado State University, USA)

Discipline meets care: Restorative practices in schools. Wendy Drewery (School of Education, University of Waikato, New Zealand)

"No-Blame": A restorative bullying response approach for schools
Bill Hubbard (Rosehill College, Auckland, New Zealand)

Restorative Approaches in UK Schools
Belinda Hopkins (Centre for Restorative Justice in Education, UK)

Confessions of a School Counsellor : How to sucessfully implement restorative practices in a school
Shaun Davison (Bream Bay College, Ruakaka, NZ)

The Hikairo Rationale: Restorying the Individual. Angus H Macfarlane (University of Waikato)

Restorative Conversations - Is changing ways of speaking enough to change relationships, discipline systems and school cultures? Maria Kecskemeti (School of Education, University of Waikato, New Zealand)

The Person of The Facilitator in a Restorative Justice Conference - what are we are trying to achieve and what of ourselves do we bring? Kerry Jenner (Ministry of Education - Special Education - New Zealand)

The politics of producing good behaviour in schools. John Winslade (California State University San Bernardino & University of Waikato)

 

Continuing Conversations - Restorative Justice in Criminal Justice

 

A review of faith based restorative justice in the Catholic Church Debbie McDermott (California Catholic Conference)

A Way Forward Towards Partnership Jim Boyack (Restorative Justice Trust, New Zealand)

Achieving Effective Outcomes in Youth Justice: Implications of new research for Principles, Policy and Practice
Gabrielle Maxwell

Applying Traditional Methods to Achieve Restorative Justice In Timor-Leste Santina Soares (Mediation Program Manager of Peace and Democracy Foundation, Timor-Leste)

Can Colombian Community Justice Houses Help the new Criminal Justice System Achieve Restorative Results? Annette Pearson (Programa de Fortalecimiento y Acceso a la Justicia, Columbia)

Child-Victims and Restorative Justice: The Appeal, the Risks
Tali Gal (The Australian National University)

Creating safe spaces in Prison so Black Prisoners can Talk
Farida Anderson (Partners of Prisoners Families Support Group; Black Prisoners Support, England)

May I have this Dance: Explorations of Restorative Justice and Reconciliation in Law and Theology
Katherine Hough (The Graduate Theological Union, Canada)

Reluctance to restore - the lawyer's role in the New Zealand restorative process
Helen Bowen (Restorative Justice Trust, New Zealand)

Resolving Conflict and Restoring Relationships: Experiments in community justice within a New Zealand faith-based prison
Kim Workman and Jackie Katounas (Prison Fellowship of New Zealand)

Restorative Justice: A paradigm shift in the Thai criminal justice system
Jutharat Ua-Amoney (Thammasat University, Thailand)

Restorative Justice System and Pukhtoon Jarga Ali Gohar (Just Peace International, Pakistan)

The Canberra Restorative Justice Model: The Full Monty - from pre-court diversion through to parole
Derek Jory, and John Hinchey (ACT Department of Justice and Community Safety, Australia)

The Story of Bob
Katy Hutchison (Katy Hutchison Presents)

 

 

Abstracts

 

Restoration or reconciliation: Providing contemporary reparation for historical injustices against Maori.

Meredith Gibbs

This paper examines some of the complexities of providing contemporary reparation for Maori claims of historical injustice arising from breaches of the Treaty of Waitangi with particular reference to grievances involving land. I explore some of the theoretical and practical difficulties of applying a restorative approach to reparation in New Zealand's Treaty settlement process and argue that a restorative approach is possible in theory but extremely problematic in practice. I question whether New Zealand's attempt to achieve justice in the Treaty settlement process is better described as reparation as reconciliation where the cultural survival of the Maori claimant group is given greater weight than the provision of full reparation for past wrongs.

 

Beyond The Journey, Not Much Else Matters: Avoiding the Expert Model with Explicit Restorative Practice.

Terry O'Connell and Paul McCold

Restorative justice has become more widely known and accepted over the last couple of decades. In order to sustain this momentum, the critical question we must ask is, what constitutes good restorative practice? This paper explores this question by challenging most of the existing restorative practice for its narrow focus and lack of rigor. It will argue that this practice is 'ends focused' and that the idea of embracing practice that works, without clearly understanding why it works, limits that practice¹s real potential.

The authors propose a framework for viewing restorative justice practice that focuses, not on discrete processes or programs, but rather on a broad set of generic restorative propositions underpinned by theories that explain why this practice works. The framework links practice, theories and values in an explicit way, making it accessible to and easily understood by everyone. A case study in a school setting demonstrates how this explicit practice is capable of fostering and building healthy relationships.

 

Apology and the Limits of National Deliberation on Race: The Australian Case

 

Kathy Smits

This paper examines the impact of demands for official apology for historical injustices on the process of national public deliberation on race relations. In the case of Australia, the federal government during the 1990s promoted a self-sustaining and multilevel process of public debate and discussion over relations between the mainstream community and indigenous (Aboriginal and Pacific Islander) Australians. The debate was structured according to contemporary deliberative democratic theory: discussion was to take place in a range of public spheres, from the local to the national, was to be inclusive, reciprocal, and rationally oriented towards addressing and resolving particular issues. With the publication of the federal report into the "stolen generations," however, demands for apology came increasingly to dominate public debate - particularly as local governments and groups in civil society apologized to indigenous Australians, while the federal government continued to refuse to do so. The government insisted that the reconciliation debate should focus practical current issues of social and economic inequality. As a result of this refusal, the question of recognition came to eclipse other issues in the reconciliation debate. This paper argues that apology as a form of political speech confers recognition on minority groups of their identity as full members of the community - without which, rational deliberation about contemporary issues in race relations cannot proceed.

 

Just war to just peace? Kosovo five years on.

 

Lynne Alice

Abstract: The debatable legality of NATO's intervention in Kosovo continues to sit uneasily with the aspirations of Kosovar Albanians to establish a homeland independent of Serbia and unwarranted interference by international interests. The violence that erupted on March 17th 2004, indicates how volatile is the politically charged environment in which democracy has been imposed with insufficient reference to the cultural specifics of Kosovo's complexly pluralist and liberal Islamic citizenry. The many-sided contestation of democracy and self-determination is evident in the Kosovo's prime minister's ultimatum to UN on April 19th, that Serbia's ex-province will seek to secede in September 2005 if the United Nations has not made substantial progress on the province's future by then. In this paper the implications of the just war approach that arguably shaped the 1999 intervention, are examined against the uneven progress towards 'final status' and a 'just peace'. It is argued that models used to forge peace in Kosovo are largely unconvincing in the face of the legacy of prolonged conflict and trauma. The hope of a just peace rests in supporting indigenous moves towards restoration and reconciliation while not ignoring the discursive and political power of retribution.

 

Creating safe spaces in Prison so Black Prisoners can Talk.

 

Farida Anderson MBE

Abstract: We presently operate a service which facilitates an opportunity for Black Men in English Prisons to come together and share their experiences plus provide opportunities of dialogue between them and prison personnel. It has long been recognised institutional racism exists and there is a cross cultural barrier in communications. The groups exists to overcome issues that arise over difference and race to ensure the prison facilities accommodate difference along with compliance with Race Relations act legislation. The group is formed and the men take roles of deciding the agenda and facilitating sessions. We recently have produced a promotional video that has the men talking about what it is like for them in prison and how the group empowers them to cope within such hostile environments. The charity has been founded from the roots of people being disaffected as prisoners' families and has established itself to be a major service provider in delivering appropriately culturally sensitive service.

 

Achieving Effective Outcomes in Youth Justice: Implications of new research for Principles, Policy and Practice

 

Gabrielle Maxwell

Abstract: New research from New Zealand follows up the file outcomes over three years for 1003 young people aged 16 years who had family group conferences in 1998. Five hundred and twenty of them were interviewed. Observational data and interviews were collected from another 115 cases in 2001/2002. Findings are presented on the extent to which restorative goals have been implemented. Critical factors predicting outcomes are identified and the implications of these for policy and practice are discussed. The research demonstrates that the nature of the youth justice does affect critical outcomes for young people: both in terms of reducing offending and increasing the probability of other positive life outcomes. Restorative practices that include empowerment, the repair of harm and reintegrative outcomes make a positive difference while the extent of embeddedness in the criminal justice system, severe and retributive outcomes and stigmatic shaming have negative effects. There are also important findings for crime prevention that suggest the need to focus on support for families, the importance of educational qualifications and the need to respond effectively when children first come to the attention of the welfare and youth justice systems. Proposals are made for standards against which practice can be assessed.

 

Advancing the restorative agenda into the classroom

 

Margaret Thorsborne, Marg Armstrong and Judith Moxon

Abstract: Restorative conferencing is no longer new to schools. Increasingly in Australia, New Zealand and in other countries, schools, in an attempt to reverse unhealthy statistics of stand-downs, suspensions and exclusions, have adopted the conference to deal with incidents of serious harm. But education professionals know that most of the "action" occurs in classrooms and that school and class "removal" is better viewed as a process not an event (Skiba et al, 2003). This interactive presentation will briefly explore some models for the successful integration of the restorative philosophy into classroom practice. Divided in to three parts, it will allow participants an insight into current thinking and practice which delivers positive outcomes for teachers, students and their classmates in the wake of wrongdoing.

Part 1: School removal and restorative conferencing: This will be a brief overview of the history of restorative conferencing in schools and current research about the risks associated with the overuse of school removal and zero tolerance as disciplinary strategies.

Part 2: Restorative Conferencing in Classrooms: This will, using a case study approach, demonstrate the use of classroom conferencing to deal with a variety of difficult classroom dynamics, where young people are made accountable to each other and their teachers, instead of the traditional practice of removing them for referral to deputies, deans or other disciplinarians. This demonstrates the restorative agenda at work in the busiest place in the school - the classroom.

Part 3: Responding restoratively to classroom disruption in the moment: This is an exploration of the use of a highly successful restorative adaptation of the Responsible Thinking Programme - a process that may include a student's temporary removal from the classroom. The programme is designed to support both student and teacher in the transition and reintegration of the student back into the classroom. The presentation will conclude with a discussion about the implications for classroom teacher practice as relationship managers, rather than behaviour managers, and the impact of school leadership philosophy on the culture of discipline in the school.

 

Restorative Approaches in UK Schools

 

Belinda Hopkins

Abstract: This presentation describes the growing interest in the UK in the development of Restorative Approaches within schools. It discusses the various ways in which this is happening, the evaluations that have occurred to date of these projects and the challenges that lie ahead.

 

 

Sexual Violence: The Link Between Child Sexual Abuse and Adolescent Prostitution

 

Chandrika M. Kelso and Janice Taylor

Abstract: The probabilities for delinquency and crime are correlated with childhood experiences. Physically, emotionally, and sexually abused children may use drugs, prostitution, gang involvement, promiscuity, and theft as coping mechanisms. Adolescent prostitution is an epidemic global problem imposing adult sexuality on children. Prostitution, which is strongly associated with child sexual abuse, is sexual slavery, is an epidemic global problem, and is multifaceted. It includes a wide range of behaviors from sex rings, escort services, and brothels, to stripping, sex rings, and street walking. This disrupts psychosexual development, with outcomes including low self worth, suicidal tendencies, depression, and PTSD, as well as physical illness. The impact of child prostitution is felt globally; pimps and agents use more sophisticated methods to lure, entice, and force children and teens into prostitution rights. They identify those children who are in desperate need for love, parental affection, and financial means, convince the child/teen to move away from home or town, and coerce her/him to move away from home or town, and coerce her/him into prostitution. These children are also subjected to extramural exploitation. This paper examines trends in adolescent prostitution, focusing on the need for effective intervention and the disproportionate impact of a national shortage of behavioral health treatment on these adolescents.

 

 

Sexual Abuse in the Church: A Restorative Response

 

Lisa Rea

Abstract: Since 2002, the Catholic Church in the United States has responded to increasing reports of sexual abuse by clergy. In 2000 the Catholic Bishops of the United States took a policy position embracing restorative justice. The Justice & Reconciliation Project, JRP, headed by Lisa Rea has publicly encouraged leaders in the Catholic Church to apply restorative justice principles to itself during this crisis. How has the Church responded? What could it do? How could healing occur in these cases? Should monetary settlement paid to victims of sexual abuse be enough? Are these cases closed? These questions will be covered during this presentation as well as probing the possibility of one on one victim offender dialogue in such cases. In addition, the presentation will include a discussion about the role of restorative justice practitioners in providing a higher standard as we advocate for restorative justice throughout the world. This standard of justice is based on the hope of redemption and forgiveness undergirded by offender accountability. (The Justice & Reconciliation Project (JRP): a non-profit organization based in the United States committed to working to restore the lives of those harmed by crime by advocating for reforms promoting forgiveness and reconciliation between crime victims and offenders. JRP works to raise up a victims-led voice in support of restorative justice policies. JRP can be reached at www.thejrp.org).

 

 

Working with serious violent crime using restorative justice conferencing

 

Mark Griffiths

Abstract: In Victoria, Australia, restorative justice conferencing is used as a pre-sentence option in the Childrens Court for offenders who would otherwise receive correctional supervision. Since 1995 when the first pilots were introduced, a trend for more serious violent offences to be referred has occurred. This paper will look at some of the practice issues that workers face when preparing participants, facilitating a conference and following through with agreed plans after court for a conference involving resolution of a serious, violent offence such as armed robbery, affray and serious assault. The paper will explore from practice experience the capacity and limitations of restorative justice conferencing in humanizing the sentencing process, achieving reconciliation and reparation, and providing new sentencing solutions for the existing criminal justice system. The challenge to consolidate the existing Childrens Court program and expand into the adult court for the young adult offender population will be briefly outlined.

 

Is Restorative Justice Able To Deal With Land Grievances Of Indigenous Peoples? A Case Of Malaysia

 

Loganathan Krishnan

Abstract: The World Wide Fund for Nature described indigenous people as the earth's most focal stewards. There are 300 million indigenous people in the world and approximately 100,000 in Malaysia. The term 'Indigenous people' is contentious and guaranteeing their rights is a thorny issue. They live a distinctive lifestyle, a tradition, which involves a vivid history. In today's epoch, they live with a certain amount of expectation from the government of the day. Expectation is deeply embedded in their blood in relation to their rights to land matters. They have a special relationship with their land, imbued with spirituality and sacredness. It forms a footing for social, economic, cultural structure and system. They often perceive it as something irretrievably transmitted to them through birthright. But, the ultra modern humanity has been a major threat to their rights. When land is appropriated it affects their traditional subsistence, land management and medicinal practices. In some instances they were encouraged to dump their nomadic life and progress to modern life. In Malaysia, the governing legislation is the Aboriginal Peoples Act 1954. Its provisions, applicability, effect and operation would be analysed together with the current restorative justice measures as to whether the existing framework are a panacea for land grievances of the indigenous people. An analysis would be made as to type of restorative justice models that may be adopted to deal with their grievances. A study is also carried out as to the viability of international restorative justice measures or system to deal with their grievances. Nevertheless, the perplexing issue is, should restorative justice measures be looked from the eye of the indigenous people or the spectacle of the government. There must be a plea for radical changes in laws and policies protecting aboriginal people. Restorative justice must redress the inequities, which have resulted from the appropriation of their lands. There ought to be a minimum standard for their survival, dignity and well-being. Restorative justice could be the answer to this never-ending fracas between their rights and governmental powers. Ultimately, legal enthusiasts like us have to play our role by stirring the minds of the people responsible for such a state of affairs.

 

Creating a Culture of Care in Schools Using Restorative Practices

 

Tom Cavanagh

Abstract: We live in a moment in time that is profoundly affected by the shootings at Columbine High School in Littleton, Colorado, in 1999 and the terrorist attacks of September 11, 2001. In reaction to these tragic events and with a renewed focus on safety, schools in the United States and elsewhere have deepened their commitment to peacekeeping, based on stricter rules and harsher punishment, patterned after the punitive system of our courts. These get-tough policies include police presence in the schools, metal detectors, zero tolerance policies, student and locker searches, and drug and alcohol testing. As a result of these policies, we have criminalized our schools and put some students on a schoolhouse to jailhouse track. Dr. Wendy Drewery, Assistant Dean for Graduate Study in the School of Education at the University of Waikato in New Zealand, and her colleagues are leaders in New Zealand in implementing restorative justice practices in schools. Professor Drewery began her work in response to the overrepresentation of the Maori people in school suspensions. The “restorative practices” outlined in Professor Drewery’s work are currently being implemented as part of the Restorative Practices in Schools Project in schools in New Zealand. Because the theory I created in my dissertation study is based on the same theory as Dr. Drewery’s work, I will replicate my study in one or more of the New Zealand schools involved in her project. I am spending an academic year in the schools involved in the project as a Fulbright scholar to learn how these practices affect the culture of the schools. The purpose of this presentation is to present the highlights of a paper I will write outlining my original ethnographic study and the results of the replicated study to date.

 

"No-Blame": A restorative bullying response approach for schools

 

Bill Hubbard

Abstract: " No-Blame" is a restorative approach to classroom bullying in schools. Devised and first trialled in 1991 by George Robinson and Barbara Maines, it utilises a support-group process, facilitated by a trained staff member. The membership of the group is selected by the bullying victim and will typically comprise both bullying and non-bullying students. The group is given responsibility for firstly, identifying the root causes of the victim' s distress and secondly, restoring the victim' s rightful place in the class community. Through participation in the support group, the bullying students fulfil their obligations both to the victim and the class as a whole.

 

The South African Police Service's attempt to escape a culture of injustice whilst restoring a community contract of servant-hood and protection.

 

Herman van Zyl

Abstract: Known as an instrument of oppression, the South African Police Service (SAPS) has shifted allegiance from "enemy" to protector, moving from a popularly-rejected authoritarian institution to a democratically-accepted service provider. The main challenge facing the SAPS remains in bridging the gap between intention and action.The critical catalyst in realising the challenge towards implementation is the "Batho Pele" (People First) principles. The SAPS Service Delivery Improvement Programme was implemented to uphold these principles within the philosophy of community policing. Community policing serves as a foundation for restorative justice. The SAPS has managed to develop a new relationship with citizens (their clients), involving them in efforts to improve their quality of life in their communities. The attempted cultural change of the SAPS involves a shift in focus from not only handling crime, but also addressing general community concerns. In their discovery of new frontiers and culture adaptation the SAPS needs to deal with the reality of traditional apathy and distrust. The question remains whether victims do want to participate in the criminal justice process and if so, how? While the community at large do want information, consultation, and consideration, their participation in decision-making remains dismantled.

This presentation will focus on the restorative transformation process the SAPS have embarked on by referring to specific examples. Evaluative measurement between restorative service delivery and the capacity to serve and protect will yield the current gap that needs to be bridged. Restorative service delivery entails an "inward stretch" and an "outward reach".

 

Restorative Justice and community development practice-how neat a fit?

 

Fiona Verity and Sue King

Abstract: What does Restorative Justice have to offer to community workers and what does community development have to offer Restorative Justice? These questions are explored in this paper, through a conversation between the two authors - one of whom has a background in community development and the other in the area of corrections and criminal justice.

This dialogue seeks to enrich the theory and practice in each arena. The initial meeting point for our shared interest in restorative justice was a conversation about how restorative justice ideas and practices could assist in locality based community development practice. Restorative justice as popularly conceived is intertwined with ideas about community. Building trust within communities, restoring damaged social and interpersonal relations, widening the ways in which conflict and violence are understood and responded to, all are elements of a restorative justice approach. There are parallels here with the activities that are undertaken by community workers who seek to engage in peace making projects in conflicted communities.

The contribution to Restorative Justice from a critical community work perspective is to work from a concept of community that is more robust than the negative and consequently limiting notion of an imagined romantic 'community' sometimes utilised. If Restorative Justice is to provide a framework for working within modern Australian communities it will be necessary to utilize understandings of community that recognize the violence and alienation within communities, ways to work with the strengths of communities and as well locate this within an understanding of political economy.

 

Peacemaking to Peacebuilding: Restorative Justice and Local Peace Commissions in Nicaragua

 

Vernon Jantzi and Tracey King

Abstract: During the final stages of the Contra War in Nicaragua in the mid and late 1980s, the National Peace and Reconciliation Commission promoted the formation of peace commissions in villages and towns in the most conflicted areas. CEPAD, the development agency of the Nicaraguan Protestant churches, actively worked to form Peace Commissions in the Nueva Guinea region in the southeastern part of the country. The local seven-person Peace Commissions were trained to work in conflict resolution so they could do peacemaking at the grassroots in support of efforts by the National Peace and Reconciliation Commission and other groups to carry forward the national peace processes.

After official peace accords were signed the Commissions continued to work on the transition to national peace by helping to facilitate the reintegration of demobilized combatants into their respective communities as part of the post war reconstruction. This rebuilding has taken many years. The Commissions' work has been increasingly valued as their numbers and scope has grown. Today some 140 local peace commissions continue to function, but now their challenge is to work with community problems, some of which might be best addressed with restorative justice informed responses. With decades of war now behind them, their work has shifted from peacemaking and the reintegration of ex-combatants to peacebuilding and the challenges posed by social disorganization and crime in their communities. As the Peace Commissions now work to strengthen civil society in an extended period of social reconstruction, how might, or do, they reframe or reconceptualize their work in peacemaking to also include restorative justice so they can build more peaceful and stronger communities? This paper will explore how this reframing is taking place and the challenges it represents as well as possible ways to facilitate the evolution of the local Commissions from being primarily agents for peacemaking to be more broadly focused peacebuilders by including restorative justice as an integral part of their work to strengthen a civil society beset by poverty and other stresses related to protracted social reconstruction.

 

Restorative Justice and Past Sexual Abuse - Reflection on 20 years experience with a program model

 

Mark Yantzi

Abstract: This paper will: outline the program model for REVIVE, a support/accountability program at Community Justice Initiatives (www.cjiwr.com) offering support to all persons affected by past sexual abuse; reflect on what has been learned from this involvement; describe a model of facilitated dialogue where at the instigation of the victim/survivor and after extensive preparation for all parties involved, an opportunity is available for a facilitated confrontation/dialogue between the parties. 'Community Justice Initiatives' has for more than 20 years offered support groups to persons affected by past sexual abuse. Support groups, facilitated by trained community volunteers - sometimes former group members - are offered for persons who as adults are addressing past sexual abuse. The cluster of support groups include groups for women who were sexually abused as children, groups for men who experienced childhood abuse, groups for men who have sexually offended, support groups for spouses of survivors of past abuse, and for spouses of persons who have offended.

 

 

 

The Canberra Restorative Justice Model: The Full Monty - from pre-court diversion through to parole

 

Derek Jory and John Hinchey

The Australian Capital Territory is a self governing territory of Australia, situated in Canberra. In the restorative justice world Canberra is known for its pre-court diversion program - the subject of the RISE research conducted by Braithwaite, Strang and others. In 2004, Canberra has chosen to go the Full Monty and extend its pre-court program by making restorative justice available at every stage of the criminal justice process, in both the children and adult jurisdictions. The paper and presentation are descriptive, canvassing the legislative and administrative framework chosen to support the model. Pre-court diversion still remains an option for less serious crime and court based and post sentence options are available for all offences that proceed through to court. In the Canberra model a central unit ensures consistency of practice and by including police personnel, allows police to continue their role in diversionary conferencing. The Ngambra Court - or circle sentencing court - has also been established for indigenous offenders. The legislative victim-centric solutions chosen to support the model are discussed.

 

The Challenges of Mediating Rape

 

Karin Sten Madsen and Hanne Andersson

Abstract: Many women do not feel that justice is being restored in the aftermath of sexual coercion. Mediation can renew their sense of justice.Mediation has been introduced at the Centre for Victims of Sexual Assault in Copenhagen as one way of helping women exposed to sexual coercion regain control over their lives. This presentation outlines the way in which mediation is conducted at the centre. It describes how both written correspondence between the parties and face to face meetings has proven to be useful ways of conducting the restorative process. The presentation addresses the special obstacles and possibilities for mediation posed by a situation, where: the victim and the offender often have known each other for some time; the offender does not necessarily regard what has happened as sexual coercion; the discourse of rape - 'real rape' - is dominant in the thinking of the victim and the offender and their families and friends. What has been learned in the program so far points to the fact that when it comes to restorative justice, sexual assault constitutes a particular context which makes it necessary for the mediator to be aware of the ways it is possible to talk about rape and sexual coercion and the discourses and narratives that are available to men and women in these situations.

 

Turkish-Armenian Relations and the USA, 1991-2003

 

Tigran N. Sarukhanyan

Abstract: The elevated interest in the study of conflict resolution in Armenia and the Caucasus was caused by a number of conflicts that popped up after the fall of the Soviet Union, like Georgia-Abkhazia, Georgia-South Ossetia, Armenia-Azerbaijan and the Turkish blockade of Armenia. To this day, the lack of understanding the means of resolution as well as the absence of resolution mechanisms makes the subject interesting for both politicians and scholars alike, raising the question: "What should be done?"

My paper aims to analyze the geopolitical changes that took place after the collapse of the Soviet Union in 1991. It also tries to shed light on the pivotal role of the peacemaking efforts of the United States regarding the Nagorno-Karabakh problem, normalisation of hostilities between the republics of Turkey and Armenia, and their reconciliation.

 

An analysis of the legal mandate and role of the South African Police Service (SAPS) in the implementation of restorative justice in South Africa

 

Jeanette Smit and Pieter Hansen

Abstract: The objective of the paper is to investigate the legal mandate for the South African Police Service in the implementation of restorative justice within South Africa, as the South African Police Service Act does not make provision for the members of the police to become actively involved in restorative justice.

The study has three aims: evaluating the legal mandate of the South African Police Service (SAPS) to implement restorative justice; determining the training, if any, that members of the SAPS receive in terms of restorative justice; evaluating the joint efforts of non-governmental organizations (NGO's) and the SAPS in implementing restorative justice.

The study will conclude with possible recommendations on legislative interventions and recommendations to improve police training in implementing restorative justice in South Africa.

 

The development and practice issues of using FGC in a multi-agency arena

 

Julia Hennessy and Tanya Gillett

Abstract: Essex FGC Service has led the national practice development of the use of family Group Conferences in Child Protection Work, and Youth Offending Work in the UK. Julia Hennessy sits on the National Restorative Justice Strategy Group in the UK representing. Tanya Gillett has been appointed to lead on the Pathfinders Childrens Trust in Essex. They will discuss the development of RJ FGC in the UK, and the outcomes that has been delivered for both victims and young people who offend. This service has been nationally evaluated by University of Essex.

 

"From modest begininnings..."? Considering the emergence of restorative justice

 

Kelly May Richards

Abstract: This paper, which draws on my doctoral research, will explore some issues surrounding the history of restorative justice. In the initial conference brief, we were told that restorative justice had emerged from "modest beginnings" some thirty years ago. Usually, both the history of restorative justice, and the significance of this history on current practice, is overlooked. This paper will attempt to address this by critiquing the various histories of restorative justice that have been out forward, and outlining an alternative method of examining the past of restorative justice - genealogy. Genealogy, or "history of the present", seeks to explore how a particular phenomenon - in this case, restorative justice - came into being. In other words, why restorative justice, and why now? This method of inquiry elicits a historical picture quite different to that which we are usually offered in the restorative justice literature. This paper will report on the results of my research - and this developing picture of the emergence of restorative justice - to date.

 

Imagining Possibilities - Restorative Justice and Social Change

 

Iris de León-Hartshorn and Lorraine Stutzman Amstutz

Abstract: Can Restorative Justice move beyond the criminal justice context and be applied as a way of living together in our work, communities and globally? We will explore the possibilities of implementing principles and values of restorative justice for social change within organizational structures. Together we will image possibilities of the global family living in restorative communities.

 

Resolving Conflict and Restoring Relationships: Experiments in community justice within a New Zealand faith-based prison

 

Kim Workman and Jackie Katounas

Abstract: In October 2004, a faith-based prison unit was opened at Rimutaka Prison, near Wellington, New Zealand, being a joint Department of Corrections and Prison Fellowship of New Zealand programme which promotes peace and reconciliation. The model of biblical peace making, and processes for 'conflict resolution and the restoration of community peace, presents both staff and inmates with conflicts in terms of established disciplinary procedures, and the impact of 'prisonisation' on inmates. The introduction of a victim-offender program (the Sycamore Tree program) further reinforces the consequences of crime and the harm to victims. The paper explores the role of restorative justice in prisons, and the applicability of "best practise" restorative justice principles and practises within an institutional setting. It also examines the implications of this model for inmate family/whänau restoration, and victim/offender reconciliation. The paper concludes with a discussion on the implications of this model for the wider correctional system.

 

Reconnaissance of South African standards and values in the fight against corruption: Building capacity through the integration of restorative justice practices.

 

Jacques Pretorius and Herman van Zyl

Abstract: South Africa has made great strides in the fight against corruption. However, there are still serious challenges to be faced. With South Africa's rating of 4.8 out of a score of 10 on Transparency International's Corruption Index, it is clear that the country is perceived as having fairly high levels of corruption. There is a general perception within the country too, that corruption is rife. Combating corruption requires a commonly accepted set of ethics. All sectors of society have a duty to ensure that children and adults alike know what is right and what is wrong. A national system of ethics must be clear on what constitutes corruption. The authors evaluate the current ethical framework and the institutional capacity of the South African Government to fight corruption. They challenge old frontiers and scouting new restorative justice practices which could be implemented in the fight against corruption.

 

Reluctance to restore - the lawyer's role in the New Zealand restorative process

 

Helen Bowen

Abstract: Much of what lawyers and judges do has an impact on the psychological well-being or emotional life of persons affected by the criminal justice system. A lawyer can be a prime initiator of a restorative process. The lawyer can map out the range of alternatives which involve a trial or a restorative process where there can be acceptance of responsibility. The lawyer can advise on the weaknesses or strengths of the prosecution case and the trial risk for the offender. Where the lawyer advises a poor prognosis, the prospect of a guilty plea and therefore, a restorative process, arises. In advising an offender about restorative justice, it follows that the lawyer can have the confidence that the Judge will use restorative values at sentence. This is not always the case. Without further education of Judges and lawyers about the restorative option, opportunities for restorative justice are not explored.

 

No man is an island: implications for a restorative analysis of the Foreshore and Seabed conflict

 

Warwick Tie

Abstract: The radicalism of restorative justices resides in good part in its potential to acknowledge the relational dimensions of conflict while also pursuing individually meaningful ('just') outcomes for aggrieved parties. This separates restorative justice from mediation, which takes the relational aspects of conflict as its field, and human rights interventions, whose foci are the protection of and pursuit of justice for, the identifiably vulnerable. This paper uses the psychoanalytic notion of intersubjectivity to articulate how restorative justice might bridge these two worlds. First, it demonstrates the value of the concept for analyzing conflict by examining the contemporary conflict in Aotearoa/New Zealand between Maori and the Crown over ownership of the foreshore and seabed, identifying how the identities of those parties mutually constitute one another in the course of being in conflict. The second part of the paper considers the implications of this mutual constitution of identity for the restorative pursuit of justice. Drawing on contemporary debates within psychoanalysis it identifies the complexities that emerge within all attempts to fuse relational understandings of conflict with pursuits of individually meaningful ( just ) outcomes.

 

Child-Victims and Restorative Justice: The Appeal, the Risks

 

Tali Gal

Abstract: The common approach toward children who have been victimised by criminal acts is a paternalistic one. Legal systems have been seeking ways to limit child-victims' participation in the criminal justice proceedings against their offenders, to minimized the risk of further trauma of these children. Child protection services, when involved, focus on healing the child separately from the rehabilitation/incarceration of the offender.

This paternalistic approach, despite its good intentions, is not in line with internationally accepted children's rights concepts. In this session I will describe shortly the general principles related to children's rights as provided in the UN Convention on the Rights of the Child, and in particular the participation principle - the right of every child to take part in any decision-making process affecting his or her life. While the participation right is being gradually implemented in many fields of children's lives, hardly any participation exists with regard to the criminal justice process that follows an offence against children.

Restorative justice, on the other hand, puts victims, together with offenders and communities, at the centre, and encourages active participation in the process. Until today, however, very little is known about the special needs and rights of child-victims participating in such processes. No wonder, then, that there are very few programs world wide that integrate child-victims on a regular basis, especially not in severe cases such as family violence and sexual offences. I will discuss the importance of child-participation in restorative justice processes from both children's rights and victims' needs perspectives. I will also address some of the difficult questions that emerge, such as what the minimum age for child participation should be, the appropriate ways for such participation, the risk of power imbalances in the process and methods of addressing this risk, and the fear of over burdening children instead of empowering them.

 

The Story of Bob

 

Katy Hutchison

Katy Hutchison shares a compelling, real life story with the justice community. In this very personalized presentation, entitled The Story of Bob, Katy clearly describes how alcohol and other drug use, peer pressure, and misguided choices in an unchaperoned setting caused the tragic murder of her husband Bob. Through a powerful and poignant multi-media presentation, Katy shares how this traumatic event impacted her as a wife and as a mother of two young children. Her personal and interactive presentation is designed to explores the power of forgiveness and describes her own grassroots quest for restorative justice. Katy has participated in a victim offender reconciliations with both her husband's assailants. She has continued to communicate with one of the offenders and is hoping to have him work with her as she continues to tell her story to school classrooms, offender groups, victim service providers, justice conferences and restorative justice forums. Since September 2004 Katy has addressed over 50,000 people in her audiences. In addition, she is currently working on two documentary projects (one commercial and one educational) and a book proposal.

 

The Raison d'etre of Interfaith Harmony and Conflict Research

 

Atif Jameel

There are only two countries in the world that were created on the basis of religion, one is Israel and the other is Pakistan. Both are strong religiously ideological states, with the religion of the rulers being the dominant force of everything in society. The Constitution of Pakistan is clearly today Islamic, the name of the country is Islamic Republic of Pakistan, its head of the state has to be a Muslim, being a strong staunch Muslim belonging to the same strand as the rulers of the country, makes one the true citizenship, although it is not said loud and clear, it is made obvious in everyday life that there is in the country, a minority and a majority in the country. All those who are not Muslims are religious minorities.

One can go further and state if one is not of a particular sect, or school of thought, one may also be denigrated to be a minority, but the Non-Muslims are definitely religious minorities in Pakistan. The military dictator, Zia ul Haq when he deprived the religious minorities to vote the Muslim citizens of Pakistan, in the separate electorate system, rubbed this in. He compartmentalized the whole country into five different religious groups. No religious minority could vote for the Muslims and they could not vote for the religious minorities, with the result, the Muslims totally neglected the religious minority and made them feel not only as second or third class citizens but as if the other religious minorities were aliens in their own country, the land where their forefathers and fore mothers have lived for a thousand years and more.

It is in this context that the raison d'etre for IFH is derived. It is a conditio sine qua non, there is no other alternative, there is definitely a majority community and the religious minorities area minority community. The Constitution of 1973, unanimously approved by all was amended to declare one sect, the Ahmedyas as non-Muslims and thereby religious minorities. This is in addition to the Hindus, Christians and others.

It is in context of the ideologically Islamic state, that the Separate Electorate System, played further havoc when the military dictator to please the Islamic forces introduced that system to divide the nation even further. The Christians and Hindus could only vote for the members of their own religion, it was at that time that Human Development Centre was born. Naturally it stressed Inter faith harmony. It wanted to promote grassroots understanding and work together. The havoc caused by the compartmentalization of society still stands, and when one looks at this phenomenon in the context of the fact that Pakistan is a strong religiously ideological state, one understands the plight of the religious minorities. They are alienated from every side and at all levels.

Inter-faith harmony is not a luxury it is an absolute necessity. . It flows from the ideology of the country where the Muslims are elevated as rulers of the country. A reformation and re-formulation of this ideology would require a lot of courage and hard work, but that is the ultimate agenda of the liberal forces in the country, but at this time, that is far dream, and the ground reality demands that there is inter-faith harmony in the country, that Muslims and non-Muslims work in close collaboration, that they rub shoulders in every day activities and forget their religious affinities and work as common citizens of one country, for its growth and happiness.

 

May I have this Dance: Explorations of Restorative Justice and Reconciliation in Law and Theology

 

Katherine Hough

This paper is an interdisciplinary work which will explore the movement from conflict to restoration in both the Canadian Criminal Justice system and in Christian theological ethics. Reconciliation and restorative justice are not the same yet the expected outcomes are similar. The two processes appear to be parts of separate streams but I will show how the two can be valuable dialogical partners each improving its own processes by incorporating facets from the other into its own field. I outline how the criminal justice system could improve its track record of achieving true restoration by incorporating the heart language of lament, judgement, embrace, forgiveness and wholeness found in the works of such notable theologians as Walter Brueggemann, Gregory Jones and Miroslav Volf. This paper is part of a much larger work which also explores how the theological understanding of reconciliation is inadequate and proposes a further step which would move participants from reconciliation to restoration. If time permits, this process will be outlined so that session attendees can discuss it.

 

Restorative Justice: A paradigm shift in the Thai criminal justice system

 

Jutharat Ua-Amoney

Restorative justice has recently become popular as a social movement in Thailand. This social phenomenon has been relatively successful in North America, Europe, and Australia in terms of bringing crime victims and communities together and diverting less serious crimes and young offenders from the mainstream system. Thus, this study aims to find out how the global trend of restorative justice has emerged in Thailand and reformed the authoritarian regime of the Thai criminal justice system. This paper discusses the causes and consequences that combined to affect the rise of restorative justice in Thai society and changed the ideological view of the government as a result.

This research shows that restorative justice came to Thailand from both outside-in forces and inside-out forces. The former influence comes from the international or state system that defines United Nations activities, the movement of the global civil society in restorative justice and the adoption of the idea by the change agents in the Thai criminal justice system who attended the United Nations' Congress and expert group meetings. Even more influential, the inside-out forces come from the declination of the retribution paradigm in the Thai criminal justice system and the powerful movement of the change agent in gradually extending this idea through various strategies. The result of these influences is that the Cabinet's resolution of 10 February 2004 accepted this idea of restorative justice and the Ministry of Justice has begun to implement it in Thailand.

 

Confessions of a School Counsellor : How to sucessfully implement resrorative practices in a school.

 

Shaun Davison

At Bream Bay College, Restorative Conferencing is the way that most discipline issues are resolved, from suspendable offences to playground disputes. Conferences are sometimes a daily occurance. This paper will present my reflections on working this way with students, staff, parents and the wider community. I will discuss some of the opportunities and challenges that our school community faces as well as the ways of working that seem to produce successful conference outcomes.

 

 

The Hikairo Rationale: Restorying the Individual.

Angus H Macfarlane

Comprising seven domains for intervention, the Hikairo Rationale is so named because of the way peaceful resolution was reached following intertribal encounters on Mokoia Island in 1823. According to Stafford (1967), the Ngati-Rangiwewehi Chief, Hikairo, spoke and acted with such mana and influence that the illustrious Ngapuhi chief, Hongi Hika, declared that calmness and powerfulness were not incompatible notions. On this occasion, Hikairo’s assertive dialogue, fundamental assurances and simple sincerity brought about a change of attitude and behaviour. The Hikairo approach is appropriate for working with both Maori and non-Maori students and teachers, even though its guiding values and metaphors come from within a Maori worldview. The traditional Maori value of ‘aroha’ (love) has a very real place in the model. Aroha does not depict a ‘soft’ approach. In the context of discipline, aroha connotes cooperation, understanding, reciprocity and warmth. The Hikairo programme has these qualities in abundance and is simultaneously assertive.

 

The Pitcairn Island criminal trials - How has restorative justice featured?

Sarah Coster

The amassed circumstances surrounding the trials involving 13 men charged with sexual offending on Pitcairn Island (a British Overseas Territory in the Pacific with a population of 47) make them some of the most extraordinary trials in criminal history. The situation has already raised many fascinating questions of law and justice. Quite apart from the issues within the individual trials themselves, this case has involved pre-trial applications questioning the status of Pitcairn law and challenging the jurisdiction of the Pitcairn courts. Consideration of whether to run the trials on the small, isolated island also raised fundamental issues of justice, while the practical outworking of doing so has highlighted tensions existing within the community.

Restorative Justice has featured in the mix of issues to date, having been variously mooted by some Pitcairn Islanders, Restorative Justice advocates, and other observers, as a potential means of dealing with the situation. Some have proposed restorative justice as a substitute for the trials, others as an aspect of sentencing, and others as an adjunct to the existing criminal process. This presentation will note the various forms of restorative justice that have been suggested in relation to the trial, and will identify some issues to be considered surrounding those proposals from a theoretical perspective.

 

An Early Start

Helen Marshall

Currently the Ministry of Education in New Zealand has recognized and is concerned at the number of suspensions, expulsions and bullying behaviour in our schools. The response has been to implement a number of initiatives which include The Suspension Reduction Initiative, Cool Schools, Restorative Conferencing and Kotahitanga, amongst others. There is research from both local and overseas academics concerning all types of behaviour management, with the focus on secondary schools. This paper explores the possibilities of introducing restorative practices at an earlier stage of a child's moral development when it is believed children want to do the right thing and are receptive to changes in behaviour patterns. This is a point in time when they could be given new tools to deal with problems in a manner that will carry them safely into their teenage years.

 

The politics of producing good behaviour in schools.

John Winslade

This paper seeks to deconstruct the politics of recent psychological approaches to behaviour management. It argues that a focus on inclusive practices and a negotiated approach to behaviour that invites young people in the position of managing their own behaviour is necessary for a democratic and just society. (Note: I am not able to be present for the conference but still wish to contribute to it. I have asked Dr Wendy Drewery to read the paper on my behalf.)

 

A review of faith based restorative justice in the Catholic Church

Debbie McDermott

This paper will offer a view of faith based restorative justice by the Catholic Church, a review of the US Bishops statement; our experiences in setting up our Symposium; and the outcomes of that event.

On March 15, 2003 two thousand people braved record rain storms to attend our Symposium at Loyola Marymount University in Los Angeles. They came to explore how the common good intersects with crime and punishment in California. They were victims of crime, law enforcement custodial staff, administrative staff and parole officers, attorneys, judges, prison chaplains and volunteers, former offenders, families of the incarcerated and people looking for answers and for hope. The goal of our Symposium was to move public opinion and create a political climate more amenable to restorative justice in line with a Catholic vision presented in the statement of our U.S. Catholic Bishops, Responsibility, Rehabilitation, and Restoration.

To accomplish this we offered eleven keynote presentations and seventy-five workshops in English and Spanish plus a special track for youth. We covered every topic possible, from the story of a victim family member, to the story of a warden and the death penalty, to a presentation on how restorative justice promotes public safety by the former director of the California Department of Corrections; to a presentation by the current State Secretary for Youth and Adult Corrections on living out your faith while working in a correctional setting.

The day began with a moving opening ritual with music and scripture. Victims told their stories while state, religious, civic and speakers were blessed by incarcerated youth. Fr. Bryan Massingale centered the attendants with a moral reflection on Christian restoration; he was followed by a series of second keynote speakers.

Lunchtime roundtable discussions allowed for fruitful discussion by victims, families of inmates, death penalty, juvenile justice, and CCC lobby day. In the afternoon participants attended their choice of workshops. Our day ended with a powerful presentation calling for partnership between the faith community and criminal law professionals to stamp out crime.

Our aim was to change hearts and minds. We now have a new Governor and administration in town and it seems as though the pendulum is slowly beginning to swing from a retributive justice system toward a more restorative one. I would like to think that our work has contributed to that movement.

 

Messing With their Minds: Stockholm Syndrome, Childhood, Sexual Abuse and Frontier Issues for Restorative Justice.

Shirley Julich and Ann Kerwin

Recent decades have brought needed awareness of the alarming prevalence and enduring harm of childhood sexual abuse. Professionals who work with children---teachers, law enforcement officers, clinicians, social workers, among others---are now alert to manifestations of suspected abuse and procedures for responding and reporting. For adult survivors of childhood sexual abuse, restorative justice would appear to offer both an outlet for healing and a welcome alternative to the traditional justice system. And yet---as the mathematician Enrico Bombieri observed: "When things get too complicated, it sometimes makes sense to stop and wonder: Have I asked the right question?" Sadly, the experience of adult survivors of childhood sexual abuse within the context of restorative justice is complicated indeed. It's time to question, to wonder, and to explore unstated assumptions. In this presentation, Drs. Shirley Julich and Ann Kerwin explore a surprising, often frustrating paradox: the reluctance of adult survivors, now removed from perpetrators and fully aware of the horrific psychic disfigurement they continue to experience, who, nevertheless, hesitate to hold their abuser[s] to account in an apparently sheltered public way.

 

Emerging Trends in the Application of Restorative Justice Principles in Nigeria: Key Legislations and Advocacy Work.

Udenta Udenta

Nigeria emerged out of 15 unbroken years of military dictatorship in 1999, and has since been grappling with critical issues of constitutional governance, rule of law, amelioration of deep-seated abuse of fundamental human and people’s rights and the challenges posed by policy thrusts that make ethno-religious and resource conflict a fact of daily life. Restorative Justice principles and practices are still fledging in Nigeria through movement is noted in the area of Legislation and advocacy work. My discussion will thus examine this new phenomenon, and how the nation can attain social stability, national security, peaceful coexistence and the respect of the value of equity, fairness and justice by deploying the best practices of restorative Justice

 

Can Colombian Community Justice Houses Help the new Criminal Justice System Achieve Restorative Results?

Annette Pearson

Restorative Justice is not a familiar term amongst the public or in legal circles.Key characteristics of restorative justice values, actors, procedures and settings are not known or understood by formal justice system operators.

The 1991 Colombian Constitution created community conciliators and popularly elected judges who do play a role in the justice system. These community justice figures are not acquainted with the restorative justice conccepts as such but they often do have an approach to conflict resolution which resembles restorative justice practices.

Rather surprisingly, proponents of restorative justice innovations from within the university context were successful in their bid to have restorative justice references included in the new criminal procedure code passed in July, 2004. This legislation which will come into force on the 1st of January 2005 has an entire section entitled restorative justice. In a wide range of crimes which require citizen initiative to bring them into the criminal justice system, obligatory conciliation proceedings between the victim and the suspected offender before a criminal investigation will be commenced. The reform of the criminal justice system does assume that preliminary conciliation encounters between the victim and the suspected offender can produce restorative justice type agreements. Given the provisions foreseen for the operation of the obligatory conciliation proceedings, it is not likely that restorative jsutice ends will be well served.

Some of these conciliation encounters will be undertaken in community justice houses. The community justice houise model located in 32 cities, principally in poor peripheral urban suburbs, included both formal criminal justice system operators, as well as community mediators, conciliators and judges. In some of the justice houses restorative justice values and procedures have informally been applied by community justice figures as an alternative to standard criminal justice handling. This type of alternative solution is coherent with community justice house philosophy which focuses on promoting peaceful coexistence as a goal to be sought through the joint efforts of local institutions and formal an community justice services. The community justice houses are a setting in which cases can be dealt with in a restorative justice manner and this should be expressly promoted by the criminal justice system.

 

The Person of The Facilitator in a Restorative Justice Conference - what are we are trying to achieve and what of ourselves do we bring?

Kerry Jenner

There is a lot written and spoken about the process of running restorative conferences. However there are some thinkings that rarely gets spoken. Some of these things concern the person of the facilitator and what it is that (s)he brings of her/himself that contibutes to the desired outcome. Those of us who are engaged in this work know that there is input in the style of questioning, the manner, tone and demeanor of the facilitator - but is there more? How does the life lived and therefore beliefs and values we hold impact on our work? Can we ethically adhere to any discourse that involves the idea that we are disinterested and in no way involved in the process other than as a tool? This paper begins a discussion about what it is that may be unspoken about such issues as a)the thoughts and feelings experienced by a facilitator and b) the motivation a facilitator may have for being involved in this work.It also looks briefly at experiences and feelings of success and what it is that might have enabled this to have occurred, given that there are multiple discourses of success and mulitple discourses about the way these may manifest.This paper touches on ethical and moral aspects of the work of the facilitator in a field where process can be read verbatim from a text or even learned.Given that this discussion has grown from a context of restorative conferencing in schools, the question of investigation (or not) of these issues begs to be asked in the light of wider discussion about student engagement in education and behaviour management. What is it that we are really doing in the running of restorative conferences and how are we doing this, given that not one of us is a clean slate?!

 

Discipline meets care: Restorative practices in schools.

Wendy Drewery

In 1999 the New Zealand Ministry of Education contracted a team from the University of Waikato to develop a process for conferencing in schools. The brief was to utilise restorative justice principles in an attempt to reduce the exponential increase of suspensions, particularly of Maori boys ­ in short, it was seen as a disciplinary issue. In the participating schools suspensions went down, but in spite of burgeoning interest in the use of restorative practices in schools, over all in New Zealand suspensions and expulsions have continued to increase. Some response suggest that the problem lies within the homes of children where they do not learn to behave properly, or to value education. Such presumptions are challenged by the fact that many low decile schools do not suspend in great numbers, and many high decile schools do, suggesting the latter use exclusion as a disciplinary measure, while the former use it as a tool in pastoral care. Schools are increasingly complex communities, and in trying to cope with the impact of cultural and social diversity (together with requirements that teaching is “inclusive”), the teaching profession has tended to view the problem of “classroom management” as a matter of discipline. Political responses to students’ resistance to schooling practices have included placing counsellors in secondary schools, introducing the Resource Teachers Learning and Behaviour, and most recently, social workers in schools, indicating that this is seen as either a personal or a social problem, rather than an educational one. In this paper I will argue that a primary objective of schooling should be to achieve legitimate goals within relationships of mediation in complex communities, and that schools have a central responsibility in this objective. The concept of restoration not only challenges the boundaries between the pastoral care and disciplinary functions of the school: it calls us both to revise our expectations of what schooling is for, and to reconsider the ways we vi! ew young people. Instead of placing the onus of change on students, or parents, or indeed on teachers, my proposal is to review the role of schooling in the post-modern world. Restorative principles support the foregrounding of relationships of care and community, and their embrace by schools is nothing short of revolutionary.

 

Restorative Conversations - Is changing ways of speaking enough to change relationships, discipline systems and school cultures?

Maria Kecskemeti

Ways of speaking that call for achieving greater control by teachers over students as a response to problems and that require students to be more docile in the management of their behaviours are among the most readily available relationship and behaviour management practices that are used in schools. Though most schools try to foster a climate of inclusion on a policy level, there are many schools that struggle to make their discipline and behaviour management system work.

In this paper I propose that ideas from positioning theory have potential for supporting the development of restorative behaviour management practices. I argue that such ideas should first be applied to the many daily conversations that teachers and students have with each other. I will show, through excerpts from conversations, how calling on positioning theory could produce ways of speaking that are restorative of relationships. I suggest that such ways of speaking can not only enrich the repertoire of restorative practices but they can form the basis of behaviour management strategies and discipline systems that are based on respect and foster a culture of inclusion.

 

The Other Dimension of Restorative Justice: What Makes It Justice?

Susan Sharpe

To date, definitions of restorative justice have focused primarily on restorative values. Most discussions of restorative justice theory seem to take for granted a shared understanding of justice, focusing primarily on what restorative justice is—that is, on what makes this approach to justice different from the conventional approach. This presentation will a) suggest that an adequate definition of restorative justice must articulate what is meant by ‘justice’ as well as what is meant by ‘restorative’, b) propose that a social contract theory of justice can explain what is occurring when restorative justice is successful, and c) discuss implications for restorative justice practice.

 

Applying Traditional Methods to Achieve Restorative Justice In Timor-Leste

Santina Soares

This paper will present the findings of PDF's research on Customary Dispute Resolution that has being used by our ancestors since last century and during Portugal colonialism time and 24 years of Indonesian occupation. We will show about comparison of the dispute resolution processes, people believe on customary dispute resolution process, cases resolve by customary dispute resolution, types of fines that the arbitrator imposed to restore justice, the participation of women and youth in the process and the discrimination that can happened during the process. Used traditional approach to reconcile the relationships between the conflict parties and their family.

Now, we are working with a network, of Timorese Conflict Resolution Professional and the appropriate government ministry and department to implement the combined ADR model used it to rebuild traditional mechanism and form the relationship with the court system.

 

Restorative Justice System and Pukhtoon Jarga

Ali Gohar

Each community of the world resolved their conflicts before the emerging of nation state system. Where victim and offender or their representative were present in the process of resolving of the conflict. Community as a secondary victim plays its own role in the transformation and reconciliation process. When state came into existence, the crime by the state was defined, as violation of the state law, and offender was held responsible to bear the punishment. State being declare itself a victim close the door for the victim and community both, to make the thing right collectively. Some of the communities of the globe preserve the right of resolving the conflict, with out much interference of the state. Jarga is one of the institutions in the Pukhtoon belt of Afghanistan and Pakistan, resolving, interpersonal, tribal, and state disputes since time immemorial. It has many similarities with the present Restorative Justice system while differ in few areas.

 

Conference Paper Presentation Sessions

 

Friday Morning

 

Application of Standards and Values

Warwick Tie

 

Restorative Justice in Education

Ann Kerwin

 

Restorative Justice in Criminal Justice Helen Bowen

 

Human Rights Abuses

Vern Jantzi

 

Sexual and Domestic Violence Shirley Jülich

Restorative Justice in Education (Workshop)

10.30 to 11.00 J. Pretorius and H. Van Zyl 'Reconnaissance of South African standards and values in the fight against corruption' S. Davison 'Confessions of a School Counsellor' D.McDermott 'A review of faith based restorative justice in the Catholic Church' L. Alice 'Just war to just peace?' K. Sten Madsen and H. Andersson 'The Challenges of Mediating Rape' M. Thorsborne M. Armstrong J. Moxon 'Advancing the restorative agenda in the classroom'
11.00 to 11.30 F. Verity and S. King 'Restorative Justice and community development practice' K. Jenner 'The Person of The Facilitator in a Restorative Justice Conference' G. Maxwell 'Achieving Effective Outcomes in Youth Justice' V. Jantzi and T. King 'Peacemaking to Peacebuilding' C. M. Kelso and J. Taylor Sexual Violence: The Link Between Child Sexual Abuse and Adolescent Prostitution Thorsborne M. Armstrong J. Moxon 'Advancing the restorative agenda in the classroom'
11.30 to 12.00 J. Hennessy and T. Gillett 'The development and practice issues of using FGC in a multi-agency arena' J. Winslade W. Drewery 'The politics of producing good behaviour in schools' F. Anderson 'Creating Safe Spaces in Prison so Black Prisoners can Talk' E. Haque 'Terrorism and religious violence'   Thorsborne M. Armstrong J. Moxon 'Advancing the restorative agenda in the classroom'

 

 

Friday Afternoon

  Application of Standards and Values Warwick Tie

Restorative Justice in Education Janine Bennett

 

 

Restorative Justice in Criminal Justice Annette Pearson

 

Human Rights Abuses Brian Westbrook Sexual and Domestic Violence Jennifer Annan Police Culture Fred McElrea
3.00 to 3.30 T. O'Connell P. McCold 'Beyond the Journey, Not Much Else Matters' H. Marshall and K. Neate 'An Early Start' H. Bowen 'Reluctance to restore' K. Smits 'Apology and the Limits of National Deliberation on Race' S. Julich A. Kerwin 'Messing With their Minds' J. Smit P. Hansen 'An analysis of the legal mandate and role of the SAPS …
3.30 to 4.00 K. M. Richards 'From modest beginnings…?' T. Cavanagh 'Creating a Culture of Care in Schools Using Restorative Practices' J. Hinchey 'The Canberra Restorative Justice Model' U. Udenta 'Emerging Trends in the Application of Restorative Justice Principles in Nigeria ' M. Yantzi 'Restorative Justice and Past Sexual Abuse' H. van Zyl 'The SAPS's attempt to escape a culture of injustice whilst restoring a community contract of servant-hood and protection'
4.00 to 4.30   W. Drewery 'Discipline Meets Care' K. Hough 'May I have this Dance'   L. Rea 'Sexual Abuse in the Church'  

 

 

Saturday Morning

  Application of Standards and Values Kelly Richards Restorative Justice in Education Stan Thorburn Restorative Justice in Criminal Justice Tracey King Indigenous Land Grievances Graeme Taylor Sexual and Domestic Violence Lisa Rae

Restorative Justice in Education and Criminal Justice

Fred McElrea

10.30 to 11.00 S. Sharpe 'The Other Dimension of Restorative Justice' B. Hubbard 'No-Blame' J. Ua-Amoney 'Restorative Justice: A paradigm shift in the Thai criminal justice system' M. Gibbs 'Restoration or reconciliation: Providing contemporary reparation for historical injustices against Maori' S. Coster 'The Pitcairn Island trials' M. Kecskemeti 'Restorative Conversations'
11.00 to 11.30 J. Boyack 'A Way Ahead toward Partnership' B. Hopkins 'Restorative Approaches in UK Schools' A. Gohar 'Restorative Justice System and Pukhtoon Jarga' L. Krishnan 'Is Restorative Justice Able to Deal With Land Grievances' M. Griffiths 'Working with serious violent crime using restorative justice conferencing' A. Pearson 'Can Colombian Community Justice Houses Help the New Criminal Justice System Achieve Restorative Results?'
11.30 to 12.00 I. de León-Hartshorn and L. Stutzman Amstutz 'Imagining Possibilities: RJ and social change' A. H. Macfarlane 'The Hikairo Rationale: Restorying the Individual' S. Soares 'Applying Traditional Methods to Achieve Restorative Justice in Timor' W. Tie 'No man is an island: implications for a restorative analysis of the Foreshore and Seabed conflict' T. Gal 'Child-Victims and Restorative Justice' K. Workman J. Katounas 'Resolving Conflict and Restoring Relationships'

 

 
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