CCSJ continues its serialisation of our March 19 response, on behalf of the Archdiocese, to the Ministry of Justice’s (MOJ) Discussion Paper on Restorative Justice (RJ) in TT. This is Part 4.
We agree with Paul Goggins, UK MP, who said: “I don’t want Restorative Justice to simply be reserved for serious offenders. I also want to see this approach become firmly embedded in the everyday life of local communities. It can guide the way that schools develop effective discipline and anti-bullying strategies. It can help deal with low level anti-social behaviour as well as provide a way of mediating between neighbours who can’t get on – and don’t have a clue about how to start putting things right. Restorative Justice should be a way of restoring balance to relationships and situations where conflict and fear may otherwise reign.”
The iron fist is not working. The UNDP 2012 report on Citizen Security rightly recommends that we seek to get a better balance between law enforcement and preventative measures. An RJ approach can help us to achieve this goal. But embracing such a system has major implications for the training of all those involved in the criminal justice system e.g. guidelines/training for magistrates and court staff, as well as prison staff, probation officers, social workers etc. will be vital.
Indeed, there should be continuous formation and evaluation of those directly involved in the implementation of an RJ approach – especially prison staff. Any performance appraisal of such staff should include an evaluation of how they are implementing a RJ system. Measurement/indicators of success should be included as an integral part of such appraisal.
Since crime is about a breakdown of human relationships, RJ seeks to mend/heal and restore right relationships “through dialogue, community support, involvement and inclusion… restorative justice emphasises the need to treat prisoners with respect and to reintegrate them into the larger community in ways that can lead them to engage in lawful behaviour.” http://www.insightprisonproject.org/a-restorative-justice-agency.html
There will also be staffing implications related to the adoption of an RJ approach to criminal justice, but in the long term we believe that by investing now our nation will save money and lives and build a better society.
Changing the culture, attitudes and practices that currently exist will take time and will not take place by ‘vaps’. Moving from policy to practice will require careful planning, implementation, monitoring and evaluation. Too often in TT we are good at preparing policy documents but lack effective follow-through. If we are to give more than lip-service to RJ, key stakeholders must commit to this approach.
Any adoption of new strategies will need to be monitored and evaluated, as part of an overall plan to monitor and evaluate the entire system. Such evaluation will require qualitative as well as quantitative data. There is an urgent need to monitor and evaluate those centres that currently operate in TT and that deem themselves to be RJ options. The policies and practice in these centres should be aligned with the Government’s RJ Policy. RJ calls us to a pathway that is not the easy way, but it can be the way leading to safer communities, communities that serve the common good while guarding the well-being of each individual member.
CCSJ warns that RJ must not be seen as a panacea for all ills. Unless the root causes of our many social ills are addressed, short-term answers to deeper social problems will not work. We need to develop short term, medium term and long term strategies. The following recommendations, which were included in a statement entitled “Mobilising the entire community to reduce crime”, issued by Archbishop Edward J Gilbert and CCSJ at a press conference on July 30, 2003, still apply today. RJ should be introduced as part of an overall plan that includes:
– a social analysis of the issues involved;
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– resocialisation programmes for youth at risk;
– guiding principles – at all levels – that will promote crime prevention;
– government intervention to create conditions that will enable individuals to realise their potential and their human dignity.
– action by the Acting Commissioner of Police to raise the level of confidence of the public in the Police Service; increase response rate to reports of crime; increase the number of those who are apprehended and the number of cases solved. We need a Police Service that demonstrates integrity, professionalism, fairness and compassion;
– government rehabilitation programmes for inmates and former inmates.
As we said in that statement in 2003: “The Catholic Church is deeply concerned about the escalation of crime in T&T. Crime and fear of crime pervades our entire country. Our response to this scourge is a moral test for our nation and a challenge for each citizen. We are aware that the causes of crime are complex and that the ways to reduce it must be multi-dimensional. We cannot wait until the situation overwhelms us before responding with a range of measures.
“We call on the national community to join in a new commitment to reduce crime and restore our respect for law and for the dignity of human life. Our aim must be to challenge and reject the culture of violence and death that has engulfed T&T and embrace a culture of life. Together we can promote crime prevention, restore a sense of community and build the common good.”
Today, under the leadership of Archbishop Joseph Harris, the Catholic Church commends the Ministry of Justice for embarking on this important initiative and will continue to play its part in building a civilisation of love where justice, peace, truth and freedom prevails.
