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Truth and reconciliation commissions, restorative justice, peacemaking criminology, and development
Abstract
This paper argues that restorative justice approaches such as truth and reconciliation commissions (TRCs) and peacemaking criminology could greatly enhance a country’s democratic practice paving the way for wider societal development. Drawing on the example of Ghana’s National Reconciliation Commission, the paper contends that the principles and practices of restorative justice and peacemaking criminology do not only enhance our understanding of the aims and significance of TRCs but also serve victims, the community, and perpetrators better than a criminal prosecution approach in a country’s effort to address post‐conflict justice. This provides an enabling environment for democracy to take root giving rise to political stability and societal development.
... This is what they termed Collectivism (Cokley & Williams, 2005), which is linked to Afrocentric cultural behavioural norms and values (Kambon, 1996). On that basis, Ame and Alidu (2010) have argued that traditional African Ethnic dissemination of justice is compatible with the ideals of peacemaking criminology and RJ concepts. Moreover, they have suggested that, traditional Ghanaian societies see crime as being against the entire membership of the community and the victim, as supported by other studies (Adeyemi, 1990). ...
... Moreover, the Collectivism of Ghanaians could equally be associated with teachers' idea of restoring student offenders to morally acceptable behaviour. This is plausible given that the concept of RJ is not entirely new to Africans (Ame & Alidu, 2010;Onyeozili & Ebbe, 2012). However, this association has not been examined. ...
Studies on Restorative Justice (RJ) ideology in school settings have
largely focused on Western societies, to the neglect of African
societies. This means that variables relevant to the Ghanaian setting
that might be associated with RJ ideology have not been examined.
The current study investigates the association between High School
teachers’ Collectivism, Openness to Experience (OE), and their idea
of Restoration. Analysis of data from 191 (Male = 128, Female = 63)
teachers in Accra indicated that Collectivism and OE both predicted
the idea of Restoration. This suggests that both Collectivism and OE
are important resources that may help teachers embrace the idea of
restoring a student offender to morally acceptable behaviour. This
and other findings are discussed.
... This is what they termed Collectivism (Cokley & Williams, 2005), which is linked to Afrocentric cultural behavioural norms and values (Kambon, 1996). On that basis, Ame and Alidu (2010) have argued that traditional African Ethnic dissemination of justice is compatible with the ideals of peacemaking criminology and RJ concepts. Moreover, they have suggested that, traditional Ghanaian societies see crime as being against the entire membership of the community and the victim, as supported by other studies (Adeyemi, 1990). ...
... Moreover, the Collectivism of Ghanaians could equally be associated with teachers' idea of restoring student offenders to morally acceptable behaviour. This is plausible given that the concept of RJ is not entirely new to Africans (Ame & Alidu, 2010;Onyeozili & Ebbe, 2012). However, this association has not been examined. ...
In this study, the relationship between Senior High School teachers’ personality, and their Restorative Justice Beliefs was examined. It was hypothesized that personality would predict restorative justice beliefs within the school setting. Further, it was predicted that agreeableness would account for more variance in predicting restorative justice beliefs as compared to the other personality traits. Utilizing the purposive and convenience sampling methods, one hundred and sixty seven (Male=110, Female=57) Senior High School teachers in some selected schools within Accra were sampled for the study. The teachers were generally young adults (M=38.02, SD=9.47). Results showed that, personality predicted Restorative Justice Beliefs, with openness accounting for more variance in predicting teachers’ Restorative Justice Beliefs as compared to the other personality traits. These and other findings are discussed in relation to some relevant literature.
... Sementara mandat untuk masing-masing KKR terkait dengan kekhasan pelanggaran masa lalu di setiap konteks atau negara, KKR biasanya melibatkan penelitian dan pelaporan pelanggaran masing-masing, dan menawarkan forum bagi para korban, keluarga mereka dan para pelaku untuk berbagi akun pribadi mereka. Ada banyak beasiswa tentang apakah prinsip-prinsip keadilan restoratif saling melengkapi, dan tercermin dalam, masing-masing KKR nasional (lihat, misalnya, (Ame & Alidu, 2010) untuk analisis Komisi Rekonsiliasi Nasional Ghana; Gade, 2013, untuk diskusi tentang restoratif keadilan dan Komisi Kebenaran dan Rekonsiliasi Afrika Selatan; dan Graybill, 2017, untuk studi tentang dimensi keadilan restoratif dari KKR di Sierra Leone). Beasiswa semacam ini menggambarkan bahwa sementara keadilan restoratif dan KKR sama-sama mengejar hasil reparatif -seringkali berdasarkan prinsip relasional dan praktik yang memfasilitasi pertukaran jujur tentang kesalahan, kerugian, dan pentingnya penyembuhan -kompleksitas KKR berarti bahwa mereka, dalam baik teori dan praktik, sangat berbeda dari keadilan restoratif karena digunakan dalam masalah pidana. ...
Memahami kembali konsep restorative justice atau keadilan restoratif sebagai upaya sistem peradilan pidana dalam menggapai keadilan adalah penting. Hal ini disebabkan sistem peradilan pidana konvensional sebagian besar berfokus pada penerapan hukum, menilai kesalahan dan memberikan hukuman. Sebaliknya, keadilan restoratif adalah pendekatan terhadap kejahatan yang berfokus pada upaya untuk memperbaiki kerusakan yang terjadi dengan melibatkan mereka yang telah terkena dampak. Memahami kejahatan tidak hanya sebagai pelanggaran hukum yang membutuhkan kecaman publik, tetapi juga sebagai cedera pada orang-orang yang terlibat dan hubungan yang membutuhkan penyembuhan. Mereka jangan dibiarkan dengan berbagai kebutuhan fisik, emosional, psikologis, spiritual dan material nya, dan apa yang disebut 'kebutuhan keadilan' ini harus diatasi jika mereka ingin merasa bahwa keadilan telah diupayakan.. Penelitian ini bertujuan untuk memahami kembali konsep restorative justice atau keadilan restoratif sebagai upaya sistem peradilan pidana dalam menggapai keadilan. Penelitian ini merupakan penelitian hukum dengan menggunakan pendekatan konseptual, sejarah serta peraturan perundang-undangan. Dari penelitian ini dapat diketahui bahwa keadilan restoratifyang mengacu pada cara menanggapi kejahatan, atau jenis kesalahan lainnya, ketidakadilan atau konflik, yang berfokus terutama pada perbaikan kerusakan yang disebabkan oleh tindakan yang salah dan memulihkan sejauh mungkin, kesejahteraan semua pihak yang terlibat. Ini mencerminkan teori keadilan yang lebih relasional karena menekankan pemulihan rasa hormat, kesetaraan, dan martabat terhadap hubungan yang dipengaruhi oleh kesalahan.Understanding the concept of restorative justice as an effort of the criminal justice system in achieving justice is important. This is due to the fact that the conventional criminal justice system focuses mostly on the application of the law, evaluating errors and providing penalties. In contrast, restorative justice is an approach to crime that focuses on efforts to repair the damage done by involving those who have been affected. Understanding crime is not only a violation of the law that requires public condemnation, but also as an injury to the people involved and relationships that need healing. They should not be left with various physical, emotional, psychological, spiritual and material needs, and so-called 'justice needs' must be addressed if they want to feel that justice has been pursued. This research aims to re-understand the concept of restorative justice or restorative justice as an effort of the criminal justice system in achieving justice. This research is a legal study using a conceptual, historical and statutory approach. From this research it can be seen that restorative justice refers to how to respond to crime, or other types of mistakes, injustices or conflicts, which focus primarily on repairing the damage caused by wrong actions and restoring as far as possible, the welfare of all parties involved. This reflects a more relational theory of justice because it emphasizes restoring respect, equality, and dignity for relationships that are affected by mistakes.
... Endorsements of restorative justice practices have come from the American Bar Association, NOVA, and national coalition Dignity in Schools. The restorative justice framework has been extended to policebased strategies (McCold, 2003), in-prison programs such as mediation, victim awareness programs, and community service (Dhami, Mantle, & Fox, 2009), and even to large scale violence and interethnic conflict outside of state criminal justice systems (Ame & Alidu, 2010;Hanser, 2009;Umbreit & Armour, 2010). As the applications of restorative justice expand, Zehr (2002) suggests that it is not a dichotomous concept, but rather occurs along a continuum from potentially restorative to restorative practices. ...
Restorative justice is a relatively new approach to crime response, developing in the U.S. since the 1970s. Over the past three decades, these practices have been incorporated into legislation. Using content analysis of statutes in state criminal and juvenile codes, this study asks how restorative justice has been translated into law. The authors find that 32 states now have statutory support for the use of restorative justice, and that legislation ranges widely from general statements of support to structured use of restorative practices in at least some instances and for some offenders. Implications for practitioners, policy makers, and scholars are suggested.
... Although truth and reconciliation commissions are mentioned in the text, the authors fail to fully flesh out the value of such commissions or their structure and operation from a restorative justice perspective. Truth and reconciliation commissions have been used in a variety of contexts from local community responses, to racial violence (Jovanovic, 2006), to national reconciliation programs addressing incidences of mass violence and atrocity (Ame & Alidu, 2010;Minow, 1998). The text would be strengthened by the inclusion of a chapter on truth and reconciliation commissions and their contributions to peacemaking. ...
... It is our hope that these initial observations and the adaptationist approach to thinking about forgiveness that we presented might complement other work on forgiveness that is being conducted from other theoretical perspectives. As forgiveness continues to be an important societal issue-with intrastate conflicts outpacing the number of interstate conflicts (e.g., Staub, 2006), the concept of restorative justice increasingly finding traction among criminologists (e.g., Ame & Alidu, 2010;Kuo, Longmire, & Cuvelier, 2010), and truth and reconciliation commissions continuing to be implemented in the aftermath of many mass atrocities (e.g., Brounéus, 2010;Byrne, 2004)-revenge and forgiveness continue to be relevant and important topics for social psychology. We are hopeful this initial research into the information-processing architecture of a putative forgiveness system can make a tangible contribution both to understanding forgiveness as a basic phenomenon and as an interpersonal process that is broadly relevant to human welfare. ...
Exploitation is a fact of life for social organisms, and natural selection gives rise to revenge mechanisms that are designed to deter such exploitations. However, humans may also possess cognitive forgiveness mechanisms designed to promote the restoration of valuable social relationships following exploitation. In the current article, the authors test the hypothesis that decisions about forgiveness result from a computational system that combines information about relationship value and exploitation risk to produce decisions about whom to forgive following interpersonal offenses. The authors examined the independent and interactive effects of relationship value and exploitation risk across two studies. In Study 1, controlling for other constructs related to forgiveness, the authors assessed relationship value and exploitation risk. In Study 2, participants experienced experimental manipulations of relationship value and exploitation risk. Across studies, using hypothetical and actual offenses and varied forgiveness measures, the combination of low exploitation risk and high relationship value predicted the greatest forgiveness.
In an era marked by the escalating globalisation of crime, the import of Southern criminology has progressively transitioned from a marginalised field to a central focus in research.[1] This transition presents theoretical challenges to criminology in the Northern Hemisphere.[2] This essay posits that while Southern criminology challenges Northern criminology’s hegemony, these challenges are ultimately overstated. Recognising and addressing these challenges is imperative for improving the epistemological framework and theoretical contributions of criminology, thereby equipping it to confront 21st-century criminal phenomena more effectively. [1] Matthews, Roger. “False Starts, Wrong Turns and Dead Ends: Reflections on Recent Developments in Criminology.” Critical Criminology 25, no. 4 (2017): 577-591. [2] Greenberg, David F. “The Weak Strength of Social Control Theory.” Crime & Delinquency 45, no. 1 (1999): 66–81.
Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.
In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing , pervasive structural inequality , and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition.
Over the summer of 2019 a number of maroon banners appeared across towns and cities in Northern Ireland, declaring that the local population ‘stands with Soldier F’. Soldier F was a member of the Parachute Regiment who, in March of 2019, was charged with the murders of James Wray and William McKinney and five additional attempted murders as a result of his actions on Bloody Sunday, 30 January 1972. These charges were announced at a time when it was reported that up to 200 former members of the British Army could face official investigation for their conduct in Northern Ireland. These cases sit at the centre of the sensitive and divisive issue of the legacy dimension of the Northern Ireland conflict, posing a challenge to the continuing success of the Northern Ireland peace process. Engaging a developing literature on post conflict reconciliation processes, this article will analyse the issue of legacy prosecutions from Operation Banner.
The study of victims of crime is a central concern for criminologists around the world. In recent years, some victimologists have become increasingly engaged in positivist debates on the differences between victims and non-victims, how these differences can be measured and what could be done to improve the victims' experience of the criminal justice system. Written by experts in the field, this book embraces a much wider understanding of social harms and asks which victims' voices are heard and why.
The alternative approaches to development considered are alternative development, emerging from 'another development' in the 1970s, and the more recent position of 'post development', or alternatives to development. Alternative development has been concerned with redefining the goals of development and with introducing alternative practices of development - participatory and people- centred. Post-development is interpreted as a neotraditionalist reaction against modernity. More enablig as a perspective, it is argued, is reflexive development, in which critique of science is viewed as part of development politics.
CONFLICTS are seen as important elements in society. Highly industrialised societies do not have too much internal conflict, they have too little. We have to organise social systems so that conflicts are both nurtured and made visible and also see to it that professionals do not monopolise the handling of them. Victims of crime have in particular lost their rights to participate. A court procedure that restores the participants' rights to their own conflicts is outlined.
In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations.
1. Introduction Part I. Theory: Thinking about the Environment: 2. Environmental philosophy 3. Green political thought Part II. Parties and Movements: Getting from Here to There: 4. Green parties: the rise of a new politics? 5. Party politics and the environment 6. Environmental groups Part III. Environmental Policy: Achieving a Sustainable Society: 7. The environment as a policy problem 8. Sustainable development and ecological modernisation 9. Global environmental politics 10. Globalisation, trade and the environment 11. Greening government 12. Policy instruments and implementation 13. Conclusion.
Le Ghana a rejoint le groupe des démocraties en transition en créant la Commission de réconciliation nationale (CRN), qui débuta ses travaux en 2002. Elle reçut le mandat d'enquêter sur les atrocités et violations des droits humains passées, de recommander des compensations adéquates pour les victimes et de réconcilier la nation. Or, les attentes et la confiance des Ghanéens en la capacité de la CRN de guérir les blessures du passé, mettre un terme au cycle de vengeance et de vendettas et de réconcilier la nation furent partagées depuis que la Commission termina ses travaux et remit son rapport, en octobre 2004. Cet article prend position pour la Commission de réconciliation nationale au Ghana, soutenant qu'elle est la meilleure parmi les solutions possibles pour traiter des violations passées des droits humains au Ghana.
Ghana joined a group of transitional democracies in the world by establishing a National Reconciliation Commission (NRC), which started work in September 2002. The NRC was mandated to investigate past atrocities and human rights violations, recommend appropriate compensation for victims, and reconcile the nation. But expectations among Ghanaians of the ability of the NRC to heal the wounds of the past, end the cycle of vengeance and vendettas, and reconcile the nation have been mixed even after the NRC completed its work and submitted its report in October 2004. This paper makes a case for Ghana's NRC. It argues that a National Reconciliation Commission is a better way of dealing with the egregious human rights violations in Ghana's past than the alternatives available.
The rising profile of the environment in politics reflects growing public concern that we may be facing a large-scale ecological crisis. This unique textbook surveys the politics of the environment, providing a comprehensive and comparative introduction to ideas, activism and policy. Part One explores environmental philosophy and green political thought, assessing the relationship between 'green ideas' and other political doctrines. Part Two considers parties and movements, including the development of green parties from protest parties, the response of established political parties to the environmental challenge, and the evolution of the environmental movement. Part Three analyses public policy-making and environmental issues at the international, national and local levels. As well as considering a wide variety of examples from around the world, this important new textbook includes glossary, lists of key issues, chapter summaries and guides to further study.
A key mandate of all truth and reconciliation commissions (TRCs) is to ascertain the truth about past injustices and to establish accurate records of violations and abuses. But truth has different connotations to diverse people and is often applied variously. So, how do TRCs uncover the truth surrounding a case of past human rights abuse? But what is truth? More specifically, how did Ghana’s National Reconciliation Commission (NRC) ascertain the truth in the cases that came before it? These are the key questions addressed in this paper, which is based on interviews with members and key staff of NRC, analysis of parliamentary debates and media coverage of the reconciliation exercise, and a two‐month observation of the NRC. The paper concludes that the specific yet flexible mandate of the NRC, the standard of proof adopted, the elaborate information management process, and the internal control mechanisms put in place favorably positioned the NRC to ascertain truth regarding the cases it deliberated.
Reconciliation is being urged upon people who have been bitter and murderous enemies, upon victims and perpetrators of terrible human rights abuses, and upon groups of individuals whose very self-conceptions have been structured in terms of historical and often state-sanctioned relations of dominance and submission. The rhetoric of reconciliation is particularly common in situations where traditional judicial responses to past wrongdoing are unavailable because of corruption in the legal system, staggeringly large numbers of offenders, or anxiety about the political consequences of trials and punishment.
But what is reconciliation? How is reconciliation to be achieved? And under what conditions should it be sought? The notable lack of answers to these questions prompts the worry that talk of reconciliation is merely a ruse to disguise the fact that a “purer” type of justice cannot be realized–that, in being asked to focus on reconciliation rather than on punishment, victims of past wrongdoing are having to settle for the morally second best. By mining our pretheoretical understandings of reconciliation, the essay arrives at a core concept of reconciliation as narrative incorporation that at the same time suggests a way in which reconciliation might be pursued and grounds a response to moral qualms provoked by the use of an unanalyzed conception of reconciliation.
Commodities and Capabilities presents a set of inter-related theses concerning the foundations of welfare economics, and in particular about the assessment of personal well-being and advantage. The argument presented focuses on the capability to function, i.e. what a person can do or can be, questioning in the process the more standard emphasis on opulence or on utility. In fact, a person's motivation behind choice is treated here as a parametric variable which may or may not coincide with the pursuit of self-interest. Given the large number of practical problems arising from the roles and limitations of different concepts of interest and the judgement of advantage and well-being, this scholarly investigation is both of theoretical interest and practical import.
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