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Traditional Practices

As elsewhere, some traditional practices have significant similarities with restorative justice. This has led to attempts to regularize these practices in the overall context of the criminal justice system.

. The shifting politics of law in the recognition of customary court in Papua following the enactment of of Special Autonomy Act.
This research article discusses the historical development of the politics of law in the recognition of Papua customary court. It also discusses the motives of the Indonesian government's politics of law in the recognition of customary court as reflected in the Papua Special Autonomy Act. This study belongs to a doctrinal legal research which incorporates several approaches including historical, statute, conceptual and philosophical approach. The legal documents used as the source of data in this article were gathered through identification techniques and analyzed using textual analysis method. The analysis was done qualitatively by employing interpretative methods. Based on the analysis, this research finds that historically, both central and local governments have been involved in a power struggle over Papua. The central government, however, has a greater authority by exercising its politics of law to recognize Papua indigenous people's customary courts. The government, this article argues, undertakes such a move to gain the natives' trust and consequently gain more dominance over Papua. The research also finds that the government recognizes the existence of Papua customary court because of these several following reasons. The recognition is used as a compromise between the central government and the native Papuans. The recognition is also given due to the mounting pressures on the fulfillment of customary rights of the native Papuans. It is also given as a fulfillment offundamental values inscribed in Papua special autonomy, which include protection to the natives' fundamental rights, protection of human rights and protection of pluralism. (author's abstract)
Alkon, Cynthia. The Increased Use of Reconciliation in Criminal Cases in Central Asia: A Sign of Reform or Cause for Concern?
This statement sums up the challenges facing any discussion about mediation or reconciliation of criminal cases in Central Asia. First there is a very different understanding of what sorts of criminal cases might best be brought to alternative processes in lieu of criminal prosecution. Second, the attitudes surrounding victims, defendants, and certain types of crimes start from a very different point than in many western countries... It is this dual difference that those in the international community must confront and understand in evaluating the increased use of alternatives to court proceedings throughout Central Asia, and before embarking on any assistance program to support or encourage its increased use. (excerpt)
Anonymous. Kake Circle Peacemaking
In 1999, in an effort to curb youth alcohol abuse, tribal members of the Organized Village of Kake(federally recognized Tribe of Kake, Alaska) established the Healing Heart Council and Circle Peacemaking, a reconciliation and sentencing process embedded in Tlingit traditions. Working in seamless conjunction with Alaska 's state court system, Circle Peacemaking intervenes in the pernicious cycle by which underage drinking becomes an entrenched pattern of adult alcoholism. Today, the program not only enforces underage drinking sentences in an environment where such accountability had been rare, but also restores the Tlingit culture and heals the Kake community.
Arc of Justice
From the article by Sidrah Fatma Ahmed in the Morung Express: The Central Jail, Dimapur has open lawns. Prisoners stroll in pairs of two and three, chatting. A group of inmates and a constable sit under a tree and chat casually. Jails in Nagaland were built due to the hegemony of the British Raj and then later the Indian state. They were mostly created on an emergency basis during the height of the Independence movement in 1970. Nagaland has one Central Jail, three District Jails and seven Sub- Jails.
Brown, Howard L. The Navajo Nation's Peacemaker Division: An Integrated, Community-based Dispute Resolution Forum
As Howard Brown writes, for hundreds of years the Navajo people have used a community-based dispute resolution ceremony to deal with conflicts. This ceremony brings together a variety of participants, with their respective wisdom, skills, and perspectives, to reach non-coercive settlements. The aim is to restore the disputants and the larger community to a state of harmony. Today the Navajo Peacemaker Division relies on this kind of customary method of dispute resolution. To explain the Peacemaker Division and its role in resolving disputes, Brown discusses two principal subjects: Navajo common or traditional law; and the Peacemaker Division and the traditional peacemaking ceremony known in Navajo as xe2x80x9chozhooji naatxe2x80x99aanii.xe2x80x9d
Chuen-Jim Sheu and Shu-Wen You and Cheng-Sheng Kao and Su-Hui Chang and Ching-Ming Chang and Yu-Shu Chen. A study on the content of Atayal traditional concepts of justice.
Aboriginal literature have shown that aboriginals around the world usually possess particular cultures, and used religion or tribal leaders to peacefully resolve conflicts or crime. Braithwaite (1999) pointed out that, we ought to use restorative justice model first to deal with crime, and then we can reduce the need to use punitive or incapacitation justice model. There are two purposes for this study: to investigate the content of Atayal traditional justice concept and to compare it with other justice models. This study used in-depth interview to collect data. Data were collected from 8 mediators or pastors or Atayal police officials working in Atayal communities. Data analysis indicates that there is no concept of “crime” in the Atayal tradition, instead a “wrong” in used. It is also found that the traditional Atayal justice is deeply influenced by the Atayal belief system of Gaga that there should be social harmony, redemption and pursuit of absolute good in the handling of crime. This study also found that there is no punitive element in Atayal concept of justice. The Atayal traditional concept of justice is partially related to Reparatory Justice and Blood Feud model. However, the Atayal traditional concept of justice is highly related to the Restorative Justice. (authors' abstract).
Amish are a fascinating culture. My neighbors are Amish and they have simple lives in regards to technology, but they are very hard workers. And [...]
For the love of the Amish: Japanese can’t get enough of the Plain-sect culture
Gohar, Ali. Restorative Justice System and Pukhtoon Jarga
Each community of the world resolved their conflicts before the emerging of nation state system. Where victim and offender or their representative were present in the process of resolving of the conflict. Community as a secondary victim plays its own role in the transformation and reconciliation process. When state came into existence, the crime by the state was defined, as violation of the state law, and offender was held responsible to bear the punishment. State being declare itself a victim close the door for the victim and community both, to make the thing right collectively. Some of the communities of the globe preserve the right of resolving the conflict, with out much interference of the state. Jarga is one of the institutions in the Pukhtoon belt of Afghanistan and Pakistan, resolving, interpersonal, tribal, and state disputes since time immemorial. It has many similarities with the present Restorative Justice system while differ in few areas. Abstract courtesy of the Centre for Justice and Peace Development, Massey University,
Gohar, Ali. Who learns from whom? Pukhtoon traditions in modern perspective.
In the world today there are many concepts, theories, disciplines and terminologies that existed with different names in traditional societies in the past. These traditional communities not only put into practice these concepts and disciplines in their daily lives but also ran their affairs with other tribes and countries based on these concepts and theories. The only thing that makes it difficult for the average person on a grassroots level is the changes in the language and the lack of a record in their native language. (excerpt)
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.
Krishnan, Loganathan. Is Restorative Justice Able To Deal With Land Grievances Of Indigenous Peoples? A Case Of Malaysia
The World Wide Fund for Nature described indigenous people as the earth's most focal stewards. There are 300 million indigenous people in the world and approximately 100,000 in Malaysia. The term 'Indigenous people' is contentious and guaranteeing their rights is a thorny issue. They live a distinctive lifestyle, a tradition, which involves a vivid history. In today's epoch, they live with a certain amount of expectation from the government of the day. Expectation is deeply embedded in their blood in relation to their rights to land matters. They have a special relationship with their land, imbued with spirituality and sacredness. It forms a footing for social, economic, cultural structure and system. They often perceive it as something irretrievably transmitted to them through birthright. But, the ultra modern humanity has been a major threat to their rights. When land is appropriated it affects their traditional subsistence, land management and medicinal practices. In some instances they were encouraged to dump their nomadic life and progress to modern life. In Malaysia, the governing legislation is the Aboriginal Peoples Act 1954. Its provisions, applicability, effect and operation would be analysed together with the current restorative justice measures as to whether the existing framework are a panacea for land grievances of the indigenous people. An analysis would be made as to type of restorative justice models that may be adopted to deal with their grievances. A study is also carried out as to the viability of international restorative justice measures or system to deal with their grievances. Nevertheless, the perplexing issue is, should restorative justice measures be looked from the eye of the indigenous people or the spectacle of the government. There must be a plea for radical changes in laws and policies protecting aboriginal people. Abstract courtesy of the Centre for Justice and Peace Development, Massey University,
Mennonite Central Committee. Making Peace in the Indigenous Way in the Philippines
In anecdotal fashion, highlighting the work of the Upland Development Institute in the Philippines, this article relates traditional Philippine processes for addressing conflicts and offenders in relation to a more Western legal system.
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.
Pakistani reconciliation panels solve disputes
from the article by Iqbal Khattak for The wheels of justice often move slowly and expensively in Pakistan, causing public disgust that reputedly strengthens the militancy. Now Khyber Pakhtunkhwa is addressing this problem through a Musalihatee, or reconciliatory committee, to restore public confidence and isolate the Taliban. This dispute resolution method takes pressure off police, freeing them to tackle the militancy more efficiently, observers and police officials told Central Asia Online.
Restorative justice: Updating Jirga in NWFP Pakistan
from Paul O'Connor's entry in Daedalus: I and my partner, Sarah Bird, met Ali Gohar when we travelled to Pakistan to teach Energy Psychology techniques for treating PTSD after the earthquake of October 2005. This article from Peacebuilder magazine tells about the amazing work Ali is doing with the traditional restorative justice circle, called 'jirga'... Ali Gohar, MA ’02, is working to update the traditional system of jirga in the border areas of Pakistan and Afghanistan. He believes passionately in the core function of jirga, whereby certain elders are recognized in their communities for their wisdom and ethics; these elders gather to make community-wide decisions, resolve problems, and dispense justice. Gohar has been encouraging jirga’s elders to incorporate current principles of human rights, conflict resolution, reconciliation, and restorative justice into their deliberations.
Saade, Marta Vides. Restorative Justice, Empowerment Theory, and Transformative Spirituality: Searching for Authentic Strategies in China, Hong Kong, India, and Korea
"When writing about restorative justice, the epistemic location of both writer and reader are important to consider in order preserve the transformational potential of restorative justice in its thickest description. In Spanish we say there are two ways to know: saber, to know intellectually and conocer, to know in your heart. As a person of the North, a lawyer and Roman Catholic ethicist living in the United States of America, and as a person of the South, a Nahuatl danzante equally rooted in Cuscatlan - the country known as El Salvador after European contact - formed by stories of ancestors who migrated there from Europe and Palestine, I know that the threads of authentic spiritual sustenance and empowerment for a person can weave a complicated tapestry. This modest essay is my granito de arena (grain of sand) added to the conversation about restorative justice, empowerment, and spirituality." (Abstract)
Soares, Santina. Applying Traditional Methods to Achieve Restorative Justice In Timor-Leste
This paper will present the findings of PDF's research on Customary Dispute Resolution that has being used by our ancestors since last century and during Portugal colonialism time and 24 years of Indonesian occupation. We will show about comparison of the dispute resolution processes, people believe on customary dispute resolution process, cases resolve by customary dispute resolution, types of fines that the arbitrator imposed to restore justice, the participation of women and youth in the process and the discrimination that can happened during the process. Used traditional approach to reconcile the relationships between the conflict parties and their family. Now, we are working with a network, of Timorese Conflict Resolution Professional and the appropriate government ministry and department to implement the combined ADR model used it to rebuild traditional mechanism and form the relationship with the court system. Abstract courtesy of the Centre for Justice and Peace Development, Massey University,
UNDP Cambodia. A Case Study of Indigenous Traditional Legal Systems and Conflict Resolution in Rattanakiri and Mondulkiri Provinces, Cambodia: Executive Summary.
This paper presents a summary of the findings of a participatory actionresearch Case Study into Indigenous Traditional Legal Systems in Rattanakiri and Mondulkiri Provinces (the Case Study). The research took place during March and April 2006. The two main objectives of the Case Study were: 1)To describe traditional justice systems and practices and develop recommendations to policy-makers on amendments to legal provisions and institutional arrangements which would ensure indigenous peoples have improved access to justice through both their customary legal practices and the formal justice system. and 2) To describe some of the difficulties indigenous peoples face in finding just resolutions to their problems outside their villages and to suggest some possible solutions. (excerpt)
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.

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