Articles and Related Media

Restorative Justice in the International Community ¹

By Tara Gapp, Acting Project Officer, Restorative Justice and Dispute Resolution Branch
(March 2002)

Restorative justice around the world is one step closer to a declaration of basic principles on the use of restorative justice programs in the criminal justice system. The Correctional Service of Canada participated in a working group with other federal departments, the aim being to host a United Nations (UN) Group of Experts meeting from October 29 to November 1, 2001. The Canadian Planning Committee organized the event and prepared Canada's response on the need for restorative justice instruments at the international level.

Eighteen international experts from 16 different countries, as well as eight UN observers, participated in the three-day meeting. Jane Miller-Ashton, Director General, Restorative Justice and Dispute Resolution Branch, welcomed the delegates to Canada in their own language - no small feat considering that delegates came from many countries around the world, representing the five regional divisions of the United Nations.

Pierre Allard, Assistant Commissioner, Community Engagement Sector, in his welcoming address, commented on the importance of the meetings. "Your work will serve as a guiding light to countries and criminal justice systems seeking guidance in the development and implementation of restorative justice programs within their domestic legislation."

Discussion focused on the concept of restorative justice, the desirability of establishing common principles, and a review of the preliminary draft elements of a declaration of basic principles on the use of restorative justice programs in criminal matters. As the days progressed, it became evident that all represented countries supported restorative justice principles, however, each country is bound by their own societal, political and legal structures. It was therefore decided that an international instrument that provided for guiding principles but allowed for individual states' interpretation was required. Representatives sup-ported the United Nations' adoption of a draft of a declaration of basic principles and recommended that it be submitted by the UN Secretariat for review at the UN Commission on Crime Prevention and Criminal Justice during its 11th session, planned for April 2002.

Mr. Daniel Van Ness, Vice-President of Prison Fellowship International, an American grassroots restorative justice organization, outlined the primary reasons for developing common principles on an international basis: to ensure consistency of approach and to assist countries that are developing restorative justice ideas consistent with their existing legislation.

According to Jane Miller-Ashton, "Participation in this event has led to further insight into the challenges of restorative justice advocates in addressing the needs of the global community as well as the needs of individuals who are harmed in individual conflicts. International recognition and support of these principles creates space for restorative processes to occur more often in more places for more people."

1 Let's Talk, Volume 27, number 1, p. 17