Restorative justice is an approach to justice that aims to repair the harm done to victims. In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm. For victims, the goal is to give them an active role in the process, and to reduce feelings of anxiety and powerlessness. Restorative justice programs can also complement traditional methods, such as retributive justice , and it has been argued that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is.
82-422: A peace commission is an organization that operates at a local, regional, or national level within a country to reduce, counter, or prevent conflict. Typically, a peace commission will involve local communities and individuals in the peace building process. A Truth and reconciliation commission is a form of Peace Commission that discovers and reveals past wrongdoings in the hope of resolving conflict left over from
164-708: A Mohawk reserve in Canada, and at the Pine Ridge Indian Reservation of the Oglala Lakota nation, within the United States. Besides serving as an alternative to civil or criminal trial, restorative justice is also thought to be applicable to offenders who are currently incarcerated. The purpose of restorative justice in prisons is to assist with the prisoner's rehabilitation , and eventual reintegration into society. By repairing
246-434: A "Dangerous Offender". Prior to 1994, many such offenders were released without any support or observation beyond police surveillance. Between 1994 and 2007, CoSA assisted with the integration of well over 120 such offenders. Research indicated that surrounding a 'core member' with 5–7 trained volunteer circle members reduced recidivism by nearly 80%. Further, recidivist offences were less invasive and less brutal than without
328-414: A "retributive justice" framework, where crime is viewed as an offense against the state, with a restorative justice framework, where crime is viewed as a violation of people and relationships. The book made reference to the positive results of efforts in the late 1970s and 1980s at victim–offender mediation, pioneered in the United States by Howard Zehr, Ron Claassen and Mark Umbreit. By the second half of
410-489: A 1974 Kitchener, Ontario case involving two accused vandals who met face-to-face with their many victims. One of the first victim–offender mediation projects in the United Kingdom was run by South Yorkshire Probation Service from 1983 to 1986. Family group conferencing (FGC) has a wider circle of participants than VOD, adding people connected to the primary parties, such as family, friends and professionals. FGC
492-435: A balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all. Reconciliation is one potential component of restorative justice. However, restorative justice does not necessarily involve reconciliation. According to Howard Zehr , restorative justice differs from traditional criminal justice in terms of the guiding questions it asks. In restorative justice,
574-420: A crucial aspect of most commissions. In some cases, peace agreements or the terms of transfers of power prevent court prosecutions and allow impunity for former rulers accused of human rights violations or even crimes against humanity , and truth commissions appear as the major alternative. In other cases, governments see the opportunity to unite divided societies and offer truth and reconciliation commissions as
656-409: A different approach is viable, based on three dimensions – social integration, emotional healing and spirituality – that constitute positive direction indicators. Prison abolition not only calls for the eradication of cages, but also new perspectives and methodologies for conceptualizing crime, an aim that is shared by restorative justice. In an abolitionist style of restorative justice, participation
738-427: A feature of indigenous justice systems today. Zehr's book Changing Lenses–A New Focus for Crime and Justice , first published in 1990, is credited with being "groundbreaking", as well as being one of the first to articulate a theory of restorative justice. The title of this book refers to providing an alternative framework for thinking about – or new lens for viewing – crime and justice. Changing Lenses juxtaposed
820-702: A government (or, depending on the circumstances, non-state actors also), in the hope of resolving conflict left over from the past. Truth commissions are, under various names, occasionally set up by states emerging from periods of internal unrest, civil war , or dictatorship marked by human rights abuses. In both their truth-seeking and reconciling functions, truth commissions have political implications: they "constantly make choices when they define such basic objectives as truth, reconciliation, justice, memory, reparation, and recognition, and decide how these objectives should be met and whose needs should be served". According to one widely cited definition: The term used in
902-495: A group or a society. In criminal cases, victims can testify about the crime's impact upon their lives, receive answers to questions about the incident, and participate in holding the offender accountable. Meanwhile, offenders can tell their story of why the crime occurred and how it has affected their lives. They are given an opportunity to compensate the victim directly – to the degree possible. In criminal cases, this can include money, community service in general and/or specific to
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#1732771916489984-430: A peace during or immediately after a war. Examples of peace commissions that promote the peace in unstable situations: Examples of peace commissions established to negotiate terms of peace: Truth and reconciliation commission A truth commission , also known as a truth and reconciliation commission or truth and justice commission , is an official body tasked with discovering and revealing past wrongdoing by
1066-544: A research paper on the negative effects of bullying. This approach develops and fosters empathy, as participating parties must come to understand the needs of all stakeholders in order for the conflict to be fully rectified. Both the offending party and the wronged/victimized party can address and begin to resolve their obstacles to achieving their education, with the aid of the restorative justice partners. Behavioral problems stemming from grief, for example, may be recognized and acknowledged within restorative justice programs; as
1148-415: A result, the party would be referred to a counselor to receive grief counseling. In theory, this will decrease the likelihood of the offender causing further harm. Some studies claim that taking punitive measures against a grieving person will cause more distress, leading to more troublesome behavior. By approaching student discipline with restorative justice in the forefront, conflicts may be resolved to meet
1230-498: A similar model to programs used by the criminal justice system. Restorative practices can "also include preventive measures designed to build skills and capacity in students as well as adults". Some examples of preventive measures in restorative practices might include teachers and students devising classroom expectations together or setting up community building in the classroom. Restorative justice also focuses on justice as needs and obligations, expands justice as conversations between
1312-539: A symposium was held by the Healing Foundation and Reconciliation Australia to share knowledge about the importance of truth telling, examine what truths need to be told in Australia, look at different truth-telling practices that might be applicable to Australia, and work on some guiding principles for future truth-telling processes. The symposium was attended by 60 experts, leaders and key stakeholders in
1394-564: A validation of values and practices that were characteristic of many indigenous groups," whose traditions were "often discounted and repressed by western colonial powers". For example, in New Zealand, prior to European contact, the Maori had a well-developed system called Utu that protected individuals, social stability, and the integrity of the group. Restorative justice (sometimes known in these contexts as circle justice ) continues to be
1476-443: A voice, which includes a voluntary meeting between the offender and the victim. A 2013 Cochrane review restorative justice conferences where the offender meet the victim face-to-face, and explained that "[t]he victim is encouraged to attend but is under no obligation, and in some instances the victim may be represented by another party." However, alternatives to the practice exist, such as reading victim impact statements while holding
1558-439: A wider meaning in the field of restorative practices . A conference will typically include the victim, the offender and members of the local community, who have typically received some training. The family and friends of the offender and victim are frequently invited. RC is explicitly victim-sensitive. The community members discuss the nature and impact of the offense with the offender. The discussion continues until restitution
1640-458: Is about the idea that because crime hurts, justice should heal. It follows that conversations with those who have been hurt and with those who have inflicted the harm must be central to the process. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. The process of restorative justice thus shifts
1722-486: Is agreed; they may also see that the agreement is fulfilled. The largest restorative justice conference in history took place in the course of the 1990 reconciliation campaign that ended the blood feuds among ethnic Albanians in Kosovo , which was attended by between 100,000 and 500,000 participants. The reconciliation campaign was led by Anton Çetta , and over a period of three years (1990–1992) approximately one third of
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#17327719164891804-461: Is for them to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus for what the offender can do to repair the harm from the offense. This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm. However, restorative justice practices are firmly rooted in
1886-403: Is in making the victim(s) whole, the added benefit of restorative justice programs are a reduction in disciplinary actions such as suspensions and expulsions resulting in lower discipline numbers reported to the state, and more effective reformative and/or reconciliatory actions imposed, such as writing apology letters, performing community service or – for example, in cases of bullying – composing
1968-677: Is most commonly used for juvenile cases, due to the important role of the family in a juvenile offender's life. Examples can be found in New South Wales , Australia , under the 1997 Young Offenders Act, and in New Zealand under the 1989 Children, Young Persons, and their Families Act. The New South Wales scheme has been favorably evaluated by the New South Wales Bureau of Crime Statistics and Research. Fiji uses this form of mediation when dealing with cases of child sexual assault. While it may be seen as beneficial to involve
2050-555: Is much more humane than the punitive juvenile and criminal justice systems." The development of restorative justice in continental Europe, especially the German speaking countries, Austria, Germany and Switzerland, is somewhat different from the Anglo-Saxon experience. For example, victim–offender mediation is just one model of restorative justice, but in the present European context it is the most important one. Restorative justice
2132-768: Is not just a theory, but a practice-oriented attitude in dealing (not only) with criminal relevant conflicts. Some have argued that restorative justice may be moving towards restorative practice. In October 2018, the Committee of Ministers of the Council of Europe adopted a recommendation to member states which recognised "the potential benefits of using restorative justice with respect to criminal justice systems" and encouraged member states to "develop and use restorative justice". The South African Truth and Reconciliation Commission shows how restorative justice can be used to address system-wide offenses that affect broad swaths of
2214-492: Is sometimes praised for offering a path to reconciliation, and sometimes criticised by main stake holders (victim associations, relatives of the disappeared, ex-perpetrators) for promoting impunity and further traumatising victims. On some occasions, truth commissions have been criticized for narrow mandates or lack of implementation after their reports. Examples include Chad's Commission of Inquiry into Crimes and Misappropriations committed by former president Hissene Habre and
2296-532: Is that it promotes open and honest communication. Victim–offender dialogue (VOD), (also called victim–offender mediation , victim–offender conferencing, victim–offender reconciliation, or restorative justice dialogue), is usually a meeting, in the presence of one or two trained facilitators, between victim and offender. This system generally involves few participants, and often is the only option available to incarcerated offenders. Victim Offender Dialogue originated in Canada as part of an alternative court sanction in
2378-710: The Australian context of reconciliation with its Indigenous peoples is truth telling . As bodies mandated by governments, truth commissions constitute a form of "official truth-seeking ". Thus they can provide proof against denialism of state terrorism and other crimes and human rights abuses. Increasingly, supporters assert a " right to the truth " that commissions are well placed to carry forward. Truth commissions are sometimes criticised for allowing crimes to go unpunished, and creating impunity for serious human rights abusers. Their roles and abilities in this respect depend on their mandates, which vary widely. One of
2460-523: The Mennonite Central Committee Canada, emphasize a program's values over its participants. This can include programs that only serve victims (or offenders for that matter), but that have a restorative framework. Indigenous groups are using the restorative justice process to try to create more community support for victims and offenders, particularly the young people. For example, different programs are underway at Kahnawake ,
2542-514: The Norwegian parliament commissioned The Norwegian Truth and Reconciliation Commission to lay the foundation for recognition of the experiences of the Sámi . Sweden has faced criticism for its Swedification policies, which began in the 1800s and lasted until the 1970s. In 2020, Sweden funded the establishment of an independent truth commission to examine and document past abuse of the Sámi by
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2624-550: The Philippines Truth Commission which has been criticized as selective justice. A short-lived Commission of Truth and Reconciliation in Yugoslavia never reported as the country that created it ceased to exist. In others, such as Rwanda , it has been impossible to carry out commission recommendations due to a return to conflict. The first truth commissions did not use the name, but aimed to unearth
2706-475: The child protection and criminal justice systems in Victoria, including raising the age of criminal responsibility from 10 to 14 years of age. Canada's Truth and Reconciliation Commission focused on the legacies of Canadian Indian residential schools and Indigenous-settler relations. Canada had sanctioned a program that allowed the kidnapping of native children in order to assimilate them. The commission
2788-473: The 1990s, the expression "restorative justice" had become popular, evolving to widespread usage by 2006. The restorative justice movement has attracted many segments of society, including "police officers, judges, schoolteachers, politicians, juvenile justice agencies, victim support groups, aboriginal elders, and mums and dads". "Restorative justice is a fast-growing state, national, and international social movement that seeks to bring together people to address
2870-877: The Center for Restorative Justice at the University of San Diego , and the Centre for Restorative Justice at Simon Fraser University in British Columbia, Canada. Members of the Mennonites and the social-action arm of their church-community, Mennonite Central Committee , were among the early proponents. "[T]he antinomian groups advocating and supporting restorative justice, such as the Mennonites (as well as Amish and Quaker groups), subscribe to principled pacifism and also tend to believe that restorative justice
2952-754: The Disappearances of People in Uganda since 25 January 1971. The first such commission to be effective was Argentina's National Commission on the Disappearance of Persons , created by President of Argentina Raúl Alfonsín on 15 December 1983. It issued the Nunca Más (Never Again) report, which documented human rights violations under the military dictatorship known as the National Reorganization Process . The report
3034-573: The Swedish. Restorative justice Though academic assessment of restorative justice is positive, more recent studies have shown that academic performance falters in school districts where restorative justice is practiced. Proponents argue that most studies suggest it makes offenders less likely to re-offend. A 2007 study also found that it had a higher rate of victim satisfaction and offender accountability than traditional methods of justice delivery. However, practitioners have commented that
3116-776: The Victim Offender Mediation Association, as well as by the establishment of academic centers, such as the Center for Justice and Peacebuilding at Eastern Mennonite University in Virginia, the University of Minnesota 's Center for Restorative Justice and Peacemaking, the Community Justice Institute at Florida Atlantic University , the Center for Peacemaking and Conflict Studies at Fresno Pacific University in California,
3198-484: The aftermath of colonialism . The term used in Australia is "truth telling", and calls for a truth-telling commission about past injustices have been made over a long period into the 21st century. The Council for Aboriginal Reconciliation discussed the topic in a 2000 report which followed a nine-year process of community consultation about how Aboriginal and Torres Strait Islander and non-Indigenous Australians could move forward together. The Referendum Council , which
3280-959: The clan. Furthermore, the process as a whole places much emphasis on the victim forgiving the offender, as opposed to the offender making amends with the victim. Overall, the current process has the potential to cause great trauma and revictimise the victim. Restorative conferences (RC) involves a wider circle of participants than VOD and FGC. There are many different names and procedures of operation for these community-based meetings. They are also referred to as Restorative Circles , Restorative Justice Conferences , Community Restorative Boards or Community Accountability Conferences . Specific programs have their own names, such as Community Justice Committees in Canada and Referral Order Panels in England & Wales. Restorative Circles refers to restorative justice conferences in Brazil and Hawaii , though can have
3362-496: The controversial influence of family, friends, and the community; and the prevalence of mental illness among prisoners. In social work cases, impoverished victims such as foster children are given the opportunity to describe their future hopes and make concrete plans to transition out of state custody in a group process with their supporters. In social justice cases, restorative justice is used for problem solving. Restorative justice has been implemented in some schools. It uses
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3444-470: The country's return to democracy, a Truth and Reconciliation Commission was established in April 1990. It was the first to use the name and most truth commissions since then have used a variation on the title. Other early commissions were established in diverse locations including Nepal (1990), El Salvador (1992), Guatemala (1994), and Ireland (1994). South Africa's truth and reconciliation commission
3526-473: The creation of a truth and justice commission, to "formally recognise historical wrongs and ongoing injustices". The Yoorrook Justice Commission aims to establish an official public record of the experience of Aboriginal Victorians since the start of British colonisation in Victoria . Its findings will include recommendations for reform and redress, and will inform Victoria's treaty negotiations. In September 2023 Yoorrook proposed 46 recommendations to improve
3608-516: The criminal and juvenile justice systems, schools, social services and communities. Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek
3690-547: The difficult issues that has arisen over the role of truth commissions in transitional societies, has centered on what should be the relationship between truth commissions and criminal prosecutions. While it is generally assumed that truth and reconciliation commissions could investigate on a larger number of crimes, they are less effective in pursuing criminal punishment. This leads to the idea that truth and reconciliation commissions are effective to heal large societal conflicts, but they should also be matched with criminal trials for
3772-653: The entire population of Kosovo were documented to be actively involved in restorative justice conferences to end the blood feuds. Circles of Support and Accountability (CoSA) originated as a project of the "Welcome In", a Mennonite church in Hamilton, Ontario . This approach has demonstrated the capacity to enhance the safe integration of otherwise high-risk sex offenders with their community. Canada judges some sex offenders too dangerous for any form of conditional release, "detaining" them until they serve their entire sentence. A subsequent conviction often leads to designation as
3854-420: The experience. Then they speak to their own experience: how they decided to commit the offense. A plan is made for prevention of future occurrences, and for the offender to address the damage to the injured parties. Community members hold the offender(s) accountable for adherence to the plan. While restorative justice typically involves an encounter between the offender and the victim, some organizations, such as
3936-404: The field has attracted increased risks of revictimization. Its use has seen worldwide growth since the 1990s. Restorative justice inspired and is part of the wider study of restorative practices . One response to a crime , in a restorative justice program, is to organize a meeting between the victim and the offender. This is sometimes done with representatives of the wider community. The goal
4018-557: The field. In July 2019, Minister for Indigenous Australians Wyatt gave an address to the National Press Club , in which he spoke of the theme of NAIDOC Week 2019: "Voice. Treaty. Truth.". With regard to truth-telling , he said he would "work on approaches to work on how we progress towards truth-telling". In July 2020, the Victorian Government became the first government in Australia to commit to
4100-452: The first commission was constrained and new governments felt it had not carried out a full accounting for the past. It has become a model for other countries. Commissions have been widespread in the aftermath of conflict as components of peace agreements in Africa since the 1990. For example, Congo and Sierra Leone have used truth commissions. Chile's Commission for Truth and Reconciliation
4182-422: The first to mandate a truth and reconciliation commission, it has become a model for other countries. Commissions have been widespread in the aftermath of conflict as components of peace agreements in Africa since the 1990s. Following South Africa's truth and reconciliation commission, many more truth commissions have been created and continue to be created. These include repeat commissions in some countries where
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#17327719164894264-504: The former seeks to address only legally relevant issues and to protect both parties' rights, restorative justice aims at "expanding the issues beyond those that are legally relevant, especially into underlying relationships." The phrase "restorative justice" has appeared in written sources since the first half of the nineteenth century. The modern usage of the term was introduced by Albert Eglash, who in 1977 described three different approaches to justice: Nils Christie , further elaborated
4346-432: The funding needs of the school district – by way of reduced student absenteeism, rehabilitate the offending party, and to restore justice and make whole the wronged party. Collectivity and empathy are further developed by having students participate in restorative justice circles in administering roles such as mediators or jurors. Restorative justice recommends methods to hold perpetrators accountable while providing victims
4428-464: The harm caused by crime," write Mark Umbreit and Marilyn Peterson Armour. "Restorative justice views violence, community decline, and fear-based responses as indicators of broken relationships. It offers a different response, namely the use of restorative solutions to repair the harm related to conflict, crime, and victimization." In North America, the growth of restorative justice has been facilitated by NGOs dedicated to this approach to justice, such as
4510-478: The harm to the relationships between offenders and victims, and offenders and the community that resulted from the crime, restorative justice seeks to understand and address the circumstances which contributed to the crime. This is thought to prevent recidivism (that is, that the offender repeats the undesirable behavior) once the offender is released. Research of a restorative reentry planning circle process in Hawai‘i
4592-451: The hybrid truth commission hoped it would heal the wounds of the past, give dignity to victims, and permit the emergence of a post-apartheid "rainbow nation" led by Nelson Mandela . To further heal the wounds, the commission recommended that there be a "wealth tax", which would punish those who gained from apartheid, but South Africa never followed through. South Africa has not formally inserted any reparation programs. With South Africa being
4674-429: The limiting of crime and recovery from victimization. In traditional approaches the study of crime, violence and related behaviors emphasizes the negative aspects in people's lives that are associated with deviance, criminality and victimization. A common understanding is that human relationships are affected more by destructive encounters than by constructive or positive ones. Positive criminology and victimology argue that
4756-431: The needs of the victim, and may simply support holding the perpetrator accountable and the sharing of victim impact statements without dialogue. According to John Braithwaite , restorative justice is: ...a process where all stakeholders affected by an injustice have an opportunity to discuss how they have been affected by the injustice and to decide what should be done to repair the harm. With crime, restorative justice
4838-676: The offender applies for the intervention, a healing circle is held for the victim, a healing circle is held for the offender, a sentencing circle is held and finally, follow-up circles to monitor progress. Positive criminology and positive victimology are conceptual approaches, developed by the Israeli criminologist Natti Ronel and his research team, that are well connected to restorative justice theories and practice. Positive criminology and victimology both place an emphasis on social inclusion and on unifying and integrating forces at individual, group, social and spiritual levels that are associated with
4920-401: The offender, victim and school, and recognizes accountability as understanding the impact of actions and repairing the harm. In this approach, teachers, students and the community can reach agreements to meet all stakeholders’ needs. Collectivity is emphasized as the group must create an action plan to heal the harm and find a way to bring the offender back into the community. While the focus
5002-434: The offense, education to prevent recidivism, and/or expression of remorse. A courtroom process might employ pretrial diversion, dismissing charges after restitution. In serious cases, a sentence may precede other restitution. In the community, concerned individuals meet with all parties to assess the experience and impact of the crime. Offenders listen to victims' experiences, preferably until they are able to empathize with
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#17327719164895084-728: The past, and the Truth and Justice Commission in Mauritius which focused on the legacy of slavery and indentured servitude over a long colonial period. The Commission for Reception, Truth and Reconciliation in East Timor also aimed to tell a new "national narrative" to replace the version of history that had been prevalent under foreign rule. Within the scope of transitional justice , truth commissions tend to lean towards restorative rather than retributive justice models. This means they often favour efforts to reconcile divided societies in
5166-486: The past. The South African Truth and Reconciliation Commission is an example. A commission such as the Southern Sudan Peace Commission is less concerned with the past, and more with finding ways to prevent ongoing ethnic violence from escalating, but instead to move towards a more peaceful society. Another sense for the term is a commission that represents a country negotiating the terms of
5248-517: The perpetrator accountable, reducing the risk of further harm or revictimization. In addition, the meeting may include people representing the wider community. Suggested reasons for why it can be effective include: Many restorative justice systems, especially victim–offender mediation and family group conferencing, require participants to sign a confidentiality agreement . These agreements usually state that conference discussions will not be disclosed to nonparticipants. The rationale for confidentiality
5330-548: The program. CoSA projects now exist in every Canadian province and every major urban centre. CoSA projects are also operational in several U.S. states (Iowa, California, Minnesota, Oregon, Ohio, Colorado, Vermont) as well as in several United Kingdom regions (Cornwall, Devon, Hampshire, Thames Valley, Leicestershire, North Wales, North Yorkshire, and Manchester). Sentencing circles (sometimes called peacemaking circles) use traditional circle ritual and structure to involve all interested parties. The procedure commonly works as follows:
5412-587: The questions are: In contrast, traditional criminal justice asks: Others, however, have argued that there are several similarities between restorative justice and traditional criminal justice and that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is. Restorative justice is also different from the adversarial legal process or that of civil litigation . As Braithwaite writes, "Court-annexed ADR ( alternative dispute resolution ) and restorative justice could not be philosophically further apart." While
5494-607: The report. Recommendation 3 was: "The Committee recommends that the Australian Government support the process of truth-telling. This could include the involvement of local organisations and communities, libraries, historical societies and Aboriginal and Torres Strait Islander associations. Some national coordination may be required, not to determine outcomes but to provide incentive and vision. These projects should include both Aboriginal and Torres Strait Islander peoples and descendants of local settlers". In October 2018
5576-474: The responsibility for addressing crime. In 2014, Carolyn Boyes-Watson from Suffolk University defined restorative justice as: ...a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights. These range from international peacemaking tribunals such as the South Africa Truth and Reconciliation Commission to innovations within
5658-622: The term "restorative justice" in his 1977 article "Conflict as Property" Christie argued that restorative justice aims to return conflict to those who have been harmed or have harmed. According to Howard Zehr , "Two people have made very specific and profound contributions to practices in the field – the Indigenous people of Canada and the United States , and the Maori of New Zealand ... [I]n many ways, restorative justice represents
5740-561: The top criminal offenders. In general, truth commissions issue final reports which seek to provide an authoritative narrative of past events, which sometimes challenges previously dominant versions of the past. Truth commissions emphasizing "historical clarification" include the Historical Clarification Commission in Guatemala with its focus on setting straight the former military government's version of
5822-592: The truth about human rights violations under military regimes, predominantly in Latin America . Bolivia established a National Commission of Inquiry Into Disappearances in 1982 based on bringing together disparate sectors of society after the end of military rule, but the commission never reported. An earlier and perhaps the first such commission occurred in Uganda in 1974, and was known as the Truth Commission: Commission of Inquiry into
5904-686: The truth and reconciliation commission, there were three committees and 17 commissioners in total. The three committees created were the Human Rights Violations, Amnesty, and the Rehabilitation and reparation committees. Approximately 7,000 individuals applied for amnesty, but only 10 percent received it. Those who violated human rights and followed the criteria did receive it. The criteria required individuals to not only fully admit to their crimes, but also to prove that their crimes were politically motivated. Those who supported
5986-437: The victim's family in the process, there are multiple issues stemming from this. For example, the vast majority of offenders are known to the victims in these cases. In a Fijian context, the notion of family extends wider than that of the normative Western idea. Therefore, involving the family in these cases may become complicated, for the family may not necessarily side with the victim or the process itself could cause rifts within
6068-687: The wake of conflict, or to reconcile societies with their own troubled pasts, over attempts to hold those accused of human rights violations accountable. Less commonly, truth commissions advocate forms of reparative justice , efforts to repair past damage and help victims of conflict or human rights violations to heal. This can take the form of reparations to victims, whether financial or otherwise; official apologies; commemorations or monuments to past human rights violations, or other forms. Reparations have been central, for instance, in Morocco's Equity and Reconciliation Commission . Reconciliation forms
6150-502: The way to reach that goal. Truth commissions formed part of peace settlements in El Salvador , Congo , Kenya , and others. Commissions often hold public hearings in which victims/survivors can share their stories and sometimes confront their former abusers. These processes sometimes include the hope of forgiveness for past crimes and the hope that society can thereby be healed and made whole again. The public reconciliation process
6232-853: Was delivered to Alfonsín on 20 September 1984 and opened the door to the Trial of the Juntas , the first major trial held for war crimes since the Nuremberg trials in Germany following World War II and the first to be conducted by a civilian court. Ugandan president Yoweri Museveni established the Commission of Inquiry into Violations of Human Rights (CIVHR) in 1986 to investigate human rights abuses under his predecessors Idi Amin and Milton Obote . The commission suffered from under-resourcing and did not deliver its report until 1994. In Chile, shortly after
6314-532: Was established in 2006 as part of the settlement of a class-action lawsuit in which nearly 4,600 residential school survivors had sued the federal government. In June 2015, the Canadian Truth and Reconciliation Commission released a summary report of its findings, concluding that the school system amounted to cultural genocide . Estimates of the number of Indigenous children who died while attending these schools range from 3,200 to over 30,000. In 2018,
6396-484: Was established to consult with Aboriginal and Torres Strait Islander peoples about their views on constitutional recognition, highlighted the importance of truth-telling in its 2017 final report. The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples was appointed in March 2018, and presented its final report on 29 November 2018. There were four recommendations in
6478-536: Was followed by a Commission on Political Imprisonment and Torture in 2003. Approximately 3,000 people died or went missing during the years of Augusto Pinochet 's rule. Pinochet's successor created the first commission in 1990. In Brazil, the National Truth Commission was proposed by the 3rd National Human Rights Program to investigate the crimes of the military dictatorship (1964–1985) and came into force in 2012. The Nepalese Truth Commission
6560-551: Was followed by a new commission in 2014; and there have been calls for a new truth commission to supplement the Panama Truth Commission established in 2000. In Scandinavia, Nordic countries have set up Sámi reconciliation commissions to investigate indigenous injustices. Germany has held two truth commissions on human rights violations in the former East Germany. Commissions have also started to operate with targeted mandates related to Indigenous peoples or
6642-513: Was formed in 1995, in the aftermath of apartheid , as a deal between the former white-minority regime and the African National Congress . Formal hearings began on 16 April 1996. The ANC's call for "truth" about the apartheid years combined with the ruling National Party 's demand for amnesty for many of the perpetrators of apartheid to create the hybrid "truth and reconciliation" commission led by Bishop Desmond Tutu . During
6724-487: Was shown to help children, whose incarcerated parents had one, address the trauma they suffered from losing a parent to prison. The potential for restorative justice to reduce recidivism is one of the strongest and most promising arguments for its use in prisons. However, there are both theoretical and practical limitations, which can make restorative justice infeasible in a prison environment. These include: difficulty engaging offenders and victims to participate in mediation;
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