Monday, April 9, 2007

If Rwanda can do it . . .

In the Jamaica Observer, columnist Jean Lowrie-Chin noted the reaction of Director of Public Prosecutions Kent Pantry to the idea of expanding restorative justice programs, especially for juveniles. One particularly important part of this would be a greater emphasis on a positive resolution for the victim, with the offender truly admitting responsiblity:

Mr Pantry said that this will actually protect all parties: "Say, for example, the accused is charged but sent on probation. If the victim has been part of the process, and satisfied that justice was done, the accused could return to his community and not be in danger of a violent backlash."

The most dramatic use of restorative justice (RJ) in recent times must be the Umuvumu Tree Project in Rwanda, following the murder of over 1,000,000 Tutsi children and adults by the Hutus. Cohen, speaking at a meeting of the St Andrew Lay Magistrates last week, reported that through the religious group Prison Fellowship International, some 32,000 of the 115,000 accused actually confessed to their crimes within six months.

The senior communications officer at the Ministry of Justice said restorative justice encourages: a focus on victim needs, restitution and restoration, offender admitting responsibility for harmful behaviour, opportunities for healing, offender's re-introduction into his or her community, providing an opportunity for victims and offenders to interact.

"RJ puts emphasis on respecting the dignity of everyone AND repairing harm caused by conflict, crime and violence," said Cohen. "Equally important is the fact that restorative justice practice - by its nature - creates ownership by the stakeholders in the situation versus being seen as an offence against the state."

But before we believe that restorative justice will be all smiles and sweetness, we should put ourselves in the shoes of victims facing the accused that have killed, maimed, raped, robbed. It is an emotional experience as shown in the documentaries on South Africa's Truth and Reconciliation hearings. As victims heard the enormities described and confessed to by their former oppressors, women fainted and men wept. Participants interviewed after these sessions invariably said they were painful, but ultimately liberating.

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