Restorative Justices traces its origins to indigenous cultures.
Using Traditional Practices to Improve the Justice System
Indigenous justice practices and philosophies have been important in the development of restorative justice processes such as conferencing and circles. Increasingly, governments, development agencies, and non-governmental organizations (NGOs) are realizing the potential of such traditional practices to meet the justice needs of marginalized populations, resolve issues of court backlogs, and to enable communities to own and resolve their own conflicts. In the Philippines, such problems are being resolved by enhancing traditional systems. Based on the use of mediation and conciliation by local elected leaders, the Barangay Justice System (BJS) is the focus of an NGO effort to provide access to justice and empower communities to participate in justice reform.
Nathan C. Funk. and Irani, George E. "Rituals of reconciliation: Arab-Islamic perspectives." Many in the Middle East view conflict resolution as a Western program, and therefore as an outside, imposed practice with little regard for the
indigenous (i.e., Middle Eastern) context. Irani and Funk contend that Western policymakers, in efforts to build peace in the Middle East, should engage in dialogue and peace strategies that take into account
indigenous rituals and processes of reconciliation. Hence, in this paper they deal with a number of key topics: the limitations of the applicability of Western approaches to conflict resolution in non-Western contexts; traditional Arab-Islamic approaches to conflict resolution; and, in particular, Middle Eastern rituals of settlement and reconciliation. Furthermore, they draw out implications for policymakers and practitioners in promoting peace efforts.
Haley, John O. A Spiral of Success: Community Support Is Key to Restorative Justice in Japan
The author states that no industrial democracy has been as successful as Japan in dealing with crime. Japanese authorities have learned from experience that offender correction and restoration to the community are essential elements of an approach that has proven to be effective in correcting socially deviant behavior. What has developed is a spiral of success, with law enforcement officials, community members, criminals, and victims working interdependently to prevent crime and reintegrate offenders back into the community.
Elechi, O. Oko Doing Justice Without the State: The Afikpo (Ehugbo) Nigeria Model. The Afikpo indigenous justice system is examined as an alternative system of justice in South-East Nigeria from restorative, transformative, and communitarian principles. Despite the dominance of the Nigerian state criminal justice system in social control, the Afikpo indigenous justice system still holds sway, and is perceived to be more effective and legitimate. The Afikpo model is rooted in the traditions, cultures and customs of the people. Indigenous social and political institutions function as channels for conflict resolution and justice. The processes and principles of conflict resolution are emphasized. The model's continued perceived popularity and legitimacy are discussed, as is the basis for the system's co-existence with the Nigerian State agencies of social control. (excerpt)
Breton, Denise. Digging Deeper: Challenges for Restorative Justice. (2004)
"The first reason for publishing this book is that the restorative justice movement traces its origins to Indigenous cultures worldwide, yet few books about restorative justice present Indigenous voices speaking directly about their traditional ways of responding to harms and creating harmony in their communities. Furthermore, based on the distinct experiences that Indigenous Peoples have had with the restorative justice movement and its practices, Indigenous voices offer both insights and critiques that are highly instructive and that deepen the global restorative justice dialogue. "The second reason for doing the book concerns the direction of the restorative justice field itself. Many people of color are challenging the restorative justice movement to expand its focus from dealing with the symptoms of communities in pain (individuals in trouble or incarcerated) to dealing with the deeper social causes, specifically colonization, racism, and their ongoing legacies of degradations and harms." (excerpt)