Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
21 
Jok, Leitch, and Vandewint, 2004, p. 16.
22 
Parker, 2004.
23 
Golub, 2003.
24 
Stevens, 2000.

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31
chapter 2
The use of restorative approaches
Building on customary justice practices
In many countries still, most people live in the countryside. They live in
communities where everyone knows each other and minds each other’s
business closely. A criminal act committed by A against B may have its
roots in a long-standing dispute between the parties of which the crimi-
nal act is but a symptom. Therefore, adjudication in the instant case will
not resolve the dispute and so produce more cases on a tit for tat basis.
In many post-conflict societies, the justice system has all but collapsed leav-
ing ordinary people no remedy other than to sort out disputes among
themselves. It is possible to build on customary justice practices based on
the application of restorative justice principles.
앫 In the Democratic Republic of Congo, most people apply to their
chiefs and elders for settlements of disputes and judgment even
in serious criminal matters (due to the absence of courts) and
only apply to the State justice system when an official stamp is
needed (e.g. in civil maters concerning guardianship and adop-
tion). However, due to the displacement of communities and
corruption of traditional chiefs and elders, new mechanisms have
been developed by NGOs and faith groups to assist people in
resolving their disputes. For example, Héritiers de la Justice, a
non-governmental organization, has set up Comités de
Médiation et Défense which have been established throughout
South Kivu. The members of the committees and of their indi-
vidual cells are trained in human rights and mediation skills and
provided with basic introduction to the relevant laws.
앫 In Bangladesh, the primary distinction between the traditional
salish (traditional dispute resolution mechanism at the village
level involving village headmen or elders) and NGO-coordinated
salish is that the former relies on arbitration while the latter is
a mediated process. In the one, parties are bound by the deci-
sion of the officiating individuals, while in the second the NGO
training enables the decision-makers to actively engage both par-
ties in settling the dispute, with the goal of reaching a mutu-
ally agreed solution. The process is highly participatory and
results are usually complied with because: (a) they have been
agreed to by both sides; and, (b) the maximum participation of
villagers and the role played by the local mediators further vests
ownership in them to ensure compliance between the parties
(i.e. social pressure).

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