Chapter nine Beware of the Chasm (original) (raw)

Restorative Justice as a tool for peacebuilding: A South African case study

In this study a component of long-term peacebuilding practice - restorative justice processing - was examined in South Africa’s unequal, transitional context. Based on multidisciplinary literature, Galtung’s (1996) notion of cultural-structural-direct violence, Cohen’s (2001) theory of denial, and empirical data, a conceptual argument was made that a conspiracy of silence (cultural violence) exists about the interaction of growing inequality (structural violence) and the levels of crime/social harm (direct violence). Victim offender mediation, as a form of restorative justice processing, was an embedded, (Yin, 1994) instrumental (Stake,1995) case which provided micro level information about peacebuilding practice. Peace studies was chosen as the core discipline in this multiperspectival study, as it allowed micro-macro linkages to be made deductively and inductively. Empirical data was generated by a 360° formation of six sub-units comprised of victims, offenders, practitioners, prosecutors, key experts, a Norwegian external subunit (which provided a keyhole comparison of activities inside the ‘black box’ of victim offender mediation), and observation. The research discovered four interlinked gaps in restorative justice processing. These gaps are contextual, conceptual, training and practice related. Patterns of denial - that manifested as procedural blindness, substantive deafness and a complicit silence about the interaction of cultural, structural and direct violence - resulted from the combined effects of these interlinked gaps. Recommendations for education, training and coaching, based on the conceptual argument and comprehensive model of findings, were developed to fill the interlinked gaps, so that restorative justice practitioners can be better placed to contribute to long-term peacebuilding in a structurally responsive way. A caveat applies: ultimately, society and individuals must change and restorative justice processing on its own can only take society part of the way towards social justice.

The Effectiveness of Restorative Justice Practices on Victims of Crime: Evidence from South Africa

The Effectiveness of Restorative Justice Practices on Victims of Crime: Evidence from South Africa, 2020

Restorative justice is a holistic philosophy that has become increasingly popular in reformist criminal justice debates and criminological research. However, there is some debate as to whether its programs adequately address victims' needs. To this end, this paper analyses the effectiveness of restorative justice practices on victims of crime. Drawing on my interviews conducted with victims of crime and legal experts in South Africa, the findings of this study offer support for the effectiveness of a restorative justice approach to addressing victim satisfaction. Restorative justice can enable the needs of victims to be more fully considered during the criminal justice process. This is very different from contemporary criminal justice, which has often effectively excluded victims from almost every aspect of its proceedings despite its continuous reform to protect and promote victims' rights.

Unfinished Business: The Interface between Victims and Perpetrators in South Africa

This paper is about human beings, the protagonists in any drama of human conflict - the victims and the perpetrators and their relationship in post-war societies, particularly in the context of South Africa. Restorative Justice, as a holistic system of justice, is characterised by an accountable bounded vindication and a responsible integrated mercy, which when wisely applied, can promote and support the healing needs of victims and the rehabilitation needs of perpetrators coming out of cycles of violence. The author argues that Restorative Justice as compared to the other dominant justice frameworks, (applied through revenge, retribution or impunity) is the only sensible way forward for the future. A central pillar to the expression of Restorative Justice is the configuration of forums designed and developed for victim-perpetrator interface. In this chapter, some of the specific efforts at practicalising victim-perpetrator mediation or conferencing (in the context of the South African Truth and Reconciliation Commission) will be assessed and evaluated. Through the use of short case studies, it will be evident that these various configurations of victim-perpetrator interactions had as their aim to bring back into view the human relationship elements of Restorative Justice. These elements can be summed up as acknowledging wrong (confession and responsible truth telling), restoring equity (repentance and forgiveness) and addressing future intentions (tangible and symbolic restitution and reconciliation). Limitations, reflections vis-à-vis ongoing Restorative Justice work, and challenges and future recommendations, particularly regarding victim-offender interface, will be offered in conclusion.