Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
1 
The  Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century,
10th United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Vienna, 10-17 April 2000, A/CONF. 184/4/Rev. 3, para. 29.
2 
The  Bangkok Declaration—Synergies and Responses: Strategic Alliances in Crime Prevention and
Criminal Justice, 11th United Nations Congress on the Prevention of Crime and the Treatment
of Offenders, Bangkok, 18-25 April 2005, para. 32.
3 
Note also that, in 2001, the European Union issued a framework decision stating that member
states should promote mediation in criminal cases and bring into force their legal instruments by
2006. See. European Union Council Framework Decision of 15 of March 2001 on the Standing
of Victims in Criminal Proceedings, Article 10.

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programmes, while section three focuses on the question of the normative
framework for such programmes. The remaining sections deal with vari-
ous aspects of the implementation of a successful restorative programme.
They deal respectively with programme design and implementation, pro-
gramme operation and the mobilization of community assets, and pro-
gramme evaluation issues and findings. The emphasis is on presenting
information and referring to examples that will be useful in the develop-
ment of new programmes in a variety of social, cultural and legal contexts.
Introduction

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In many countries, dissatisfaction and frustration with the formal jus-
tice system or a resurging interest in preserving and strengthening cus-
tomary law and traditional justice practices have led to calls for
alternative responses to crime and social disorder. Many of these alter-
natives provide the parties involved, and often also the surrounding
community, an opportunity to participate in resolving conflict and
addressing its consequences. Restorative justice programmes are based
on the belief that parties to a conflict ought to be actively involved in
resolving it and mitigating its negative consequences. They are also
based, in some instances, on a will to return to local decision-making
and community building. These approaches are also seen as means to
encourage the peaceful expression of conflict, to promote tolerance and
inclusiveness, build respect for diversity and promote responsible com-
munity practices.
New and established forms of restorative justice offer communities some
welcome means of resolving conflicts. They involve individuals who are
not detached from the incident, but are directly involved in or affected
by it. The participation of the community in the process is no longer
abstract, but rather very direct and concrete. These processes are par-
ticularly adapted to situations where the parties participate voluntarily
and each one has a capacity to engage fully and safely in a process of
dialogue and negotiation. This handbook focuses on restorative justice
programmes in criminal matters, but it should be noted that restorative
processes are being used to address and resolve conflict in a variety of
other contexts and settings, including schools and the workplace. 
1. Restorative justice

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