Restorative Justice – opening space for peace
Convenor: Brendan McKeague?
Participants: Justus, Nev, Herbie, Peter O’Connell, Henri, Thomas, Maria, Lavonne, Janet, Jan, Ballayan
Discussion:
Brendan described the retributive justice system (currently operating) and then introduced the notion of restorative justice. Participants were involved in a role-play to go through the restorative process and experience how it works in practice.
The group discussed aspects of the practice of RJ, the role of facilitation and the similarities with OST.
Points made included:
The emphasis on the relationship between the victim and the offender – this is where the community/relationship was fractured and this is where the restoration and healing needs to occur. Opportunities are provided for this but there is no guarantee that it will happen. In this respect, this is similar to OS – as the facilitator opens the space and provides the container in which this restoration might happen – it is up to the participants to do their own work with the assistance of the process….
The role of others in the community – they are invited to participate and can contribute to the process and outcomes.
For example, by helping to paint an overall picture of the offender rather than just focusing on the crime committed or by offering to support the offender in making reparation to the victim.
The power of the energy that can flow between the victim and the offender when genuine remorse is expressed and felt and where forgiveness occurs – the Spirit at work
The need for community involvement so that the offender can make the necessary lifestyle changes to transform behaviours in the longer term
The different models of rj that are operating - for example, in Juvenile Justice where the intervention from the system still occurs, in New Zealand where a community-based model is operating, in Canada where circle justice operates especially among first nation people, the foundation for the Truth and Reconciliation Commission in South Africa
The development of a RJ in Western Australia through the existing judicial system and by spreading awareness in the wider community eg through schools, community centres, local councils, parish groups…experimenting with the application of the principles
RJ and OS do have similarities in the approach to facilitiation – the facilitator needs to be aware of opening and holding space – although may need to be interventionist at times – at least to remind participants that they are there of their own choice and can leave at any time (Law of Two Feet) and return to the normal system.
The preference is to allow the participants to do the work that is necessary. RJ works best when the space is kept ‘open’ so that the Spirit can get in there and prompt the work of restoration and healing – in this sense, this too is the practice of peace.