Restorative Justice Justice that Heals RODOLFO D DIAMANTE

“Restorative Justice: Justice that Heals” RODOLFO D. DIAMANTE Executive Secretary Catholic Bishops’ Conference of the Philippines. Episcopal Commission on Prison Pastoral Care CBCP-ECPPC Asia’s Representative International Commission of Catholic Prison Pastoral Care (ICCPPC) International Prison Chaplains Association (IPCA)

I. Introductory Remarks CBCP-ECPPC Thrusts Plights of Offenders and Victims II. What is Restorative Justice Comparison of 2 Paradigms Scriptural Basis III. Restorative Justice Core Values

IV. Restorative Justice - Fundamental Principles V. The Way Restorative Justice Works VI. Working Together for Restorative Justice VII. Conclusion

CBCP-ECPPC Current Major Thrusts Promotion and Organization of Restorative Justice Advocates Advocacy of Enlightened Legislation Linkages, Networking and Partnerships Deepening Commitment and Understanding of Justice That Heals and Alternatives to Imprisonment

The Commission in 2000 in celebration of the Jubilee for Prisoners articulated a new vision for Prison Ministry -the Restorative Justice (Justice That Heals)

Plight of Prisoners - Subhuman living conditions- congested and dilapidated jails and prisons, inadequate daily food allowance, beds, toilets and other sanitary facilities. -Human rights violation- Corporal punishment and other acts of humiliation. -Slow judicial process and lopsided administration of justice.

- Lack of rehabilitation program in penal institutions - Failure to attend to prisoners with special needs namely the mentally ill, the handicapped, young, the old and the sick - Inadequate - Graft training of underpaid personnel and Corruption

Plight of Victims Have little say and participation Needs not attended too Denied of power Peripheral in the process Lack of closure

What is Restorative Justice Restorative justice - a philosophy that embraces a wide range of human emotions - healing, mediation, compassion, forgiveness, mercy and reconciliation Restorative Justice - process whereby those affected by criminal behavior , victims, offenders, the families involved or the community have a part in resolving the issues which flow from the offending.

COMPARISON OF 2 PARADIGMS RETRIBUTIVE RESTORATIVE An approach focused on determining A valued-based approach focused on determining what law was broken harm resulting from crime who broke it what needs to be done to repair the harm How they should be punished who is responsible for repairing the harm

STATE AND COMMUNITY RETRIBUTIVE RESTORATIVE Crime - act against the State, a violation of law Crime - act against another person and the community Control - lies in the criminal justice system Control - lies in the community Community- sideline, represented by the State Community- facilitator in the restorative process

OFFENDER AND VICTIM RETRIBUTIVE RESTORATIVE Dependence on proxy professionals Direct involvement by participants Victims - peripheral to the process Victims- central to the process Focus - establish blame, guilt, on past. Focus- problem solving, obligations, future Response- focused on offender’s past behavior Response- focused on consequences of offender’s behavior; emphasis on the future

RELATIONSHIP RETRIBUTIVE RESTORATIVE Emphasis on adversarial relationship Emphasis on dialogue and negotiation

ACCOUNTABILITY RETRIBUTIVE RESTORATIVE Crime- individual act with individual responsibility Crime - both individual and social responsibility Offender accountability taking punishment Accountability - assuming responsibility and taking action to repair harm Punishment is effective, deters crime and changes behavior Punishment - not effective in changing behavior, disruptive to community harmony and good relationships

Scriptural Basis The concept of lex talionis, the law of proportionality. If property worth 100 gold coins is stolen, then you cannot claim 200 coins in return. . The emphasis in Scripture was on restitution and restoration, not vengeance and punishment. Justice should be based on principles of forgiveness and reconciliation

Jesus specifically rejects 'an eye for an eye'. 'If anyone hits you on the right cheek, offer him the other one as well Jesus called on followers to love their neighbors and enemies too. Jesus called for unlimited love and said our forgiveness should be beyond calculation.

Core Values Retributive justice is focused on the offender. Laws and punishment are the core values. Restorative Justice is focused on the offender, victim, and community. Values are: offender- apology or shaming and reintegration (a) victim- opportunity forgiveness (b) (c) community- relationships.

Restorative Programs Key Values 1. ENCOUNTER : Create opportunities for victims, offenders and community members who want to do so to meet to discuss the crime and its aftermath. 2. AMENDS: Expect offenders to take steps to repair the harm they have caused.

3. REINTEGRATION: Seek to restore victims and offenders as whole, contributing members of society. 4. INCLUSION: Provide opportunities for parties with a stake in a specific crime to participate in its resolution.

Restorative Justice - Fundamental Principles 1. Justice requires that we work to restore those who have been injured: victims, communities and offenders. 2. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish. 3. The government is responsible for preserving a just public order and the community establishes peace.

Way Restorative Justice Works Restorative Justice Conference (RJC), chaired by a facilitator, to which victims and offenders and appropriate support people are invited Offender - acknowledges responsibility for the crime committed and express honest regret. Victim- examines feelings and take full advantage of any support network that will facilitate healing. Community- creates the conditions for the restoration of both offender and victim. .

RESTORATIVE JUSTICE PROGRAMS Victim Offender Mediation Family or Community Group Conferencing Peacekeeping or Sentencing Circles Circle of Support

Working Together for Restorative Justice UN Congress on Crime Prevention and Treatment of Offenders urged all its member nations to increase the use of restorative interventions in addressing the problem of criminality. The CBCP-ECPPC, the Philippine Action for Youth offenders , the Integrated Correctional Association of the Philippines and the Coalition Against Death Penalty are working together to:

disseminate information about restorative justice develop and promote agreed standards and principles for evaluating and guiding restorative justice programs encourage more research on restorative justice programs and their effectiveness Seek alternatives to imprisonment or non-custodial treatment of persons deprived of their liberties

Conclusion A system that gives a better deal to victims, that promotes apology, healing, understanding, accountability, personal and collective responsibility, forgiveness and even reconciliation. A system that practice compassion and mercy in dealings with one another. A system that uses imprisonment as a final resort. Restorative justice provides of these to happen. The current criminal justice system does not.

References: ¨ 1. Consedine, Jim , Restorative Justice: A Gospel Response to Crime, ¨ ¨ ¨ Pagkalinga-25 Years of Prison Pastoral Care, 2000 2. Cavanagh, Tom, Adopting New Core Values for Justice: Exploring Restorative Values 3. Claassen, Ron, Restorative Justice-Fundamental Principles, 1995 4. Van Ness, Daniel and Strong, Karen Heethderks, Restoring Justice, 1997 5. Zehr, Howard, Changing Lenses, 1990 6. Hadley, Michael, The Spiritual Roots of Restorative Justice, 2001 7. Mc. Hugh, Gerald Austin, Christian Faith and Criminal Justice, 1978