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John Braithwaite: standards, ‘bottom-up’ praxis and ex-combatants in restorative justice

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Drawing upon the work of John Braithwaite, this article examines the role of ex-combatants in developing community based restorative justice as part of the broader conflict resolution process in Northern Ireland. The article examines the interplay between human rights and restorative justice standards of practice, contests over legitimacy and the role of community based restorative justice programmes as a counterweight to ‘top down’ state formalism in justice delivery. The paper argues that Braithwaite’s personal contribution as well as his scholarship has been a central influence in the ‘respectablisation’ of these ex-combatant led projects.

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... Subsequently, community-based RJ in Northern Ireland was perceived as a challenge to the state's hegemony and ownership of justice, and the state adopted a position of 'defensive formalism' (McEvoy and Eriksson, 2007). Moreover, the involvement of ex-prisoners in prominent leadership positions caused many to fear that community-based schemes would operate as a front for paramilitary activity and drew heavy criticism, not only from government officials, but from local politicians, RJ supporters, and community members as well (Criminal Justice Review, 2000;McEvoy and Albert, 2020). As a result of the above concerns, the state contested the legitimacy of such schemes to operate (McEvoy and Eriksson, 2007), and attempted to maintain control through the announcement of an accreditation scheme and the outlining of protocols for community-based RJ initiatives some years after the programmes came into existence (Chapman, 2012;Chapman and Campbell, 2016;Hogg and Butler, 2018). ...
... 30 Participants commonly suggested that this type of knowledge and connectivity was helpful for contextualising cases and assessing pathways forward. 31 Indeed, such bottom-up, culturally relevant models have increasingly been recognised for their ability to empower local communities and promote innovation (Braithwaite, 2002;McEvoy and Albert, 2020), and are often acknowledged as producing facilitators who are familiar with the struggles, customs, needs and values of the relevant stakeholders (Merry, 1982;Mika, 2002). As a non-prisoner practitioner stated: ...
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Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As such, this research suggests that the future of restorative justice might be greatly enhanced by including ex-prisoners as practitioners.
... Notably, former combatants and ex-prisoners helped establish the organization and serve in key leadership roles, and alongside their non-prisoner practitioner counterparts, 10 lead casework and facilitate client mediations. Their involvement has been shown to be crucial to the success of the organization, with ex-prisoners bringing a distinct type of credibility, moral agency, and political and social capital to their roles (Eriksson, 2009;McEvoy and Albert, 2020;McEvoy and Shirlow, 2009), with additional research indicating that their leadership might also benefit the micro-dynamics of restorative practice (Albert, accepted 2023). ...
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Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically associated with reentry, contributing to a “strength-based” approach to desistance, impacting factors such as employment, social bonds, internal narratives, and agency. This work also enables individuals to showcase their desistance to others, highlighting their “earned redemption” and encouraging society to acknowledge that reentry is a two-way street.
... In a similar vein in the Democratic Republic of Congo, Kiyala (2019) has argued that restorative justice is the appropriate framework to address both the reintegrative processes required to address the needs of former child soldiers, but also efforts to encourage some degree of reconciliation between such individuals and the victims and communities harmed by their past actions. Finally, with colleagues, McEvoy has written extensively about the role of ex-combatants in establishing and managing community based restorative justice in Northern Ireland as an alternative to paramilitary punishment violence and as a bridge between previously estranged communities and the criminal justice system, particularly the police (McEvoy and Mika 2002;McEvoy and Albert 2021). ...
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http://johnbraithwaite.com/monographs/
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http://johnbraithwaite.com/monographs/ Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in restorative justice principles and on innovation in womens’ peacebuilding. Peacekeepers opened safe spaces for reconciliation, but it was locals who shaped and owned the peace. There is much to learn from this distinctively indigenous peace architecture. It is a far cry from the norms of a ‘liberal peace’ or a ‘realist peace’. The authors describe it as a hybrid ‘restorative peace’ in which ‘mothers of the land’ and then male combatants linked arms in creative ways. A danger to Bougainville’s peace is weakness of international commitment to honour the result of a forthcoming independence referendum that is one central plank of the peace deal.
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This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.
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This article suggests that opportunities exist to harness the potential of history and citizenship education with the processes of transition in developing programmes, which support young people in exploring conflict and the challenges associated with attending to its legacy. Drawing on the experience of Northern Ireland, it is suggested that the narratives of those who have been involved directly as both combatants in conflict and latterly as agents of change in their communities provide unique opportunities for young people to reflect on these issues. By way of illustration, an account of one such initiative is presented: From Prison to Peace: Learning From the Experience of Political Ex-Prisoners; a structured programme which invites young people to engage directly with loyalist and republican ex-combatants in the Northern Ireland conflict. The article suggests that such programmes have the potential to assist young people in exploring the complexity of conflict and the intricacies of transition. Furthermore, it is suggested that the relationships which exist between these ex-combatants arguably can challenge sectarian perspectives and foster capacity for ‘political generosity’ towards those with opposing political aspirations.
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The British government has a fraught relationship with former combatants in Northern Ireland. It simultaneously benefits from former combatants’ peace‐building efforts, whilst being reluctant to grant them statutory recognition and funding. Drawing on interviews and focus groups with politically motivated former loyalist combatants and statutory representatives in Belfast, this paper explores the complex and sometimes contradictory relationship between them. It argues that a lack of legitimacy is the biggest obstacle to good working relationships, and that positive engagement may be crucial in order to promote the implementation of peace in the most difficult to reach and volatile constituencies in Northern Ireland.
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‘It is much easier to extirpate than to amend Mankind.’ Sir William Blackstone Five stages in the history of regulation are derived from the literature as a starting framework for this essay. These stages are outlined in the first section. This five-stage model is then confronted and revised in light of the neglected case of the Australian penal colony. It is juxtaposed throughout the paper with the history of the regulation of crime in the US. Australian convict society is found to be brutal yet forgiving. We conclude that surprisingly high levels of procedural justice and reintegration in Australian convict society drive down crime rates at a remarkable rate in the nineteenth century. In contrast American slave society is characterised by procedural injustice, exclusion and stigmatisation, which delivers high crime rates. Following Heimer and Staffen's theory, reintegration and procedural fairness are found to arise in conditions where the powerful are dependent on the deviant. Acute labour shortage is the basis of a reintegrative assignment system for Australian convicts to work in the free community. While convicts change Australia in very Australian ways, we find that many of these developments are not uniquely Australian and so a revision of the five-phase model is proposed. The revision also implies that Foucault's distinction between governing the body versus governing the soul (corporal/capital punishment versus the penitentiary) is less central than exclusion versus inclusion (banishment versus restorative justice) to understanding all stages of the history of regulation.
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In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.
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