Restorative Justice

When justice and healing go together

By Howard Zehr

The Truth and Reconciliation Commission (TRC) represents an attempt to do justice restoratively, but an incomplete attempt. Only time will tell whether the gaps will be fatal.

In the restorative justice approach - gaining increasing interest in many parts of the world - the first emphasis is on the harms done to people and on the needs that result. The TRC's emphasis is on validating and vindicating victims by allowing them to tell their stories and by investigating what happened goes far to meet this requirement. Still, given the scope of the wrongs and the mandate time frame, the process will be partial at best; only a tiny fraction of victims can be heard. Also, when victims feel pressure to forgive and reconcile prematurely, healing will be incomplete. Restorative justice also requires that we find ways to make things right to victims as much as possible; through its Rehabilitation and Reparations Committee, the TRC addresses this principle, although belatedly and incompletely.

However, restorative justice also emphasises the obligations that follow from violations. Some of these obligations may fall on society, but the primary goal is to encourage offenders to understand and acknowledge the violations, to accept responsibility and to take steps to make things right. While the amnesty provision was politically unavoidable, it breaks the crucial link between violation and obligation. Offenders have no obligation to confront the consequences of the harm they have caused, to apologise and/or to make even symbolic restitution. State-paid compensation may give some satisfaction to victims, but it is likely to be financially limited and to be symbolically less satisfying than direct action by offenders. Consequently, the experience of justice is likely to feel inadequate. Only forgiveness and a commitment to making the nation work can bridge these gaps.

Opportunities for dialogue, perhaps even mediated encounters, between perpetrators and survivors, could help to address this deficiency. A few of these have taken place - the TRC approved a 'survivor-offender mediation' option offered by a group of NGOs for those who are willing - but its potential has been severely underutilised. Such a dialogue could increase opportunities for accountability and healing.

The world is watching. The TRC process is flawed, opportunities have been missed, but the importance of this undertaking - not only for South Africa, but for the world - must not be underestimated. It is a bold step on an uncharted path.

Howard Zehr is professor of Sociology and Restorative Justice at the Eastern Mennonite University, Virginia, USA.

Restorative Justice Signposts

We are working toward restorative justice when we...

...focus on the harms of wrongdoing more than the rules that have been broken;
...show equal concern and commitment to victims and offenders, involving both in the process of justice;
...work toward the restoration of victims, empowering them and responding to their needs as they see them;
...support offenders while encouraging them to understand, accept and carry out their obligations;
...recognise that while obligations may be difficult for offenders, they should not be intended as harms and they must be achievable;
...provide opportunities for dialogue, direct or indirect, between victims and offenders as appropriate;
...involve and empower the affected community through the justice process, and increase its capacity to recognise and respond to community bases of crime;
...encourage collaboration and reintegration rather than coercion and isolation;
...give attention to the unintended consequences of our actions and programmes;
...show respect to all parties, including victims, offenders, justice colleagues.

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