Restorative Justice (RJ) and Gender: How Women Police are best placed to apply Restorative Justice Values in Policing Practices? Kamal Uddin Tipu PSP Police Adviser UN Office to the African Union (UNOAU) Sequence • • • • • • • • • What is Restorative Justice? Dimensions of Crime Needs and Roles of Victims Offenders Community What are the RJ principles and values? Traditional Justice Vs Restorative Justice Personal journey to ‘Circles’ ‘Circle’ values ‘Feminine’ Values How Women Police Officers are best placed to employ the Values in Policing Practices? What is Restorative Justice? Addresses needs of victims offenders and Community Another way of looking at Crime Alternative way of thinking about wrong doing Direction for the future Resolution and Transformation of Conflict Participatory Democracy beyond Majority: ‘Consensus’ Principles Philosophy Guiding Questions Dimensions of Crime PUBLIC (SOCIETAL) PRIVATE (LOCAL AND PERSONAL) Needs and Roles of Victims, Offenders & Community -Crime is a violation of people and interpersonal relationship -Violations create obligations -The central obligation to put right the wrong. Restorative Justice Principles 1. Focus on the harms and consequent needs of the victims, as well as the communities’ and the offenders: 2. Address the obligations that result from those harms (the obligations of the offenders, as well as the communities and society’s) 3. Use inclusive , collaborative processes 4. Involve those with a legitimate stake in the situation, including victims, offenders, community members, and society. 5. Seek to put right the wrongs. What are the RJ Values? -Relationship -Responsibility -Respect Questions Criminal Justice Restorative Justice What laws have been broken? Who has been hurt? Who did it? What are their needs? What do they deserve? Whose obligations are these? Two Different Views Criminal Justice Restorative Justice • Crime is a violation of the law and the state • Violations create guilt • Justice requires state to determine blame (guilt) and impose pain (punishment) • Crime is a violation of people and relationships • Violations create obligations • Justice involves victims, offenders and community members in an effort to put things right • Central focus: victim needs and offender responsibility for repairing harm • Central focus: offenders getting what they deserve Old and New Justice Paradigm Traditional Justice Restorative Justice Problem • Defined narrowly, abstractly, legally (what rule was broken) • Only legal variables (rules) are relevant • The state (organizational authority) is the victim • Defined relationally • Overall context is relevant • People are victims Old and New Justice Paradigm Traditional Justice Restorative Justice Actors • State (organizational authority) is active and offender is passive • Victim and offender is primary with state (organizational authority) and community Old and New Justice Paradigm Traditional Justice Restorative Justice Process • Adversarial, authoritarian, technical, impersonal • Focus is guilt and blame • Neutralizing strategies encouraged • Participatory, maximizing information, dialogue and mutual agreement • Focus is on needs and obligations Old and New Justice Paradigm Traditional Justice Restorative Justice Outcomes • Pain and suffering • Harm by offender balanced by harm to offender • Oriented to past • Making things right by identifying needs and obligations; healing, problem solving • Harm by offender balanced by making it right • Oriented to future -Restorative Justice focus on harms -Harms result in needs and obligations -Restorative Justice promotes engagement Definition of RJ Restorative Justice is a process to involve, to the extent possible, those who have a stake in a specific offense and to collectively identify and address harms, needs and obligations in order to heal and put things as right as possible Howard Zehr Definition of RJ Restorative Justice is a process whereby the parties with a stake in the offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future. Tony Marshall Restorative Practices • • • • • • • Victim Offender Reconciliation Program Victim Offender Conference/ Mediation Family Group Conference Jirga Panchayat Restorative Mediation Criminal Justice Programs: Alternative or diversionary programs; healing or therapeutic programs; & transitional programs • Circles Circles Circles Values • • • • • Respect Honesty Humility Sharing Inclusivity • • • • • Empathy Courage Forgiveness Love Trust What are Feminine Values? Feminine values • Compassion • Coordination • Connection Connectedness Relationship How Women Police Officers are best placed to employ the Values in Policing Practices? • Most women possess the feminine values • Policing practices involve engaging with people and community • Investigation • Community Policing • Public relations Thank you! ??? tipu@un.org