Search result: 19 articles

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Article

Exploring the growth and development of restorative justice in Bangladesh

Journal The International Journal of Restorative Justice, Issue 2 2021
Keywords restorative justice, Bangladesh, salish, village courts, INGOs
Authors Muhammad Asadullah and Brenda Morrison
AbstractAuthor's information

    Although restorative justice is a new concept in Bangladesh (BD), resolving wrongdoing outside the criminal justice system is not a new practice. Community-based mediation, known as salish, has been practised for centuries – withstanding colonisation, adaptation and distortion. Other practices, such as village courts and customary justice, are also prevalent in Bangladesh. Of these, village courts are currently the most widely practised in Bangladesh. Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ Bangladesh) formally introduced restorative justice in 2013 with the support of international non-governmental organisations (INGOs), NGOs, academics and government agencies. Most of the literature on community-based justice practice focuses on village courts; academic, peer-reviewed research on restorative justice in Bangladesh is scarce. This qualitative study explores the growth and development of restorative justice in Bangladesh. Using in-depth qualitative interviews and survey, the study retraces the genesis of restorative justice in Bangladesh. In recent times, GIZ Bangladesh has been key to the development of restorative justice, which was further expanded by UNDP’s Activating Village Courts project, as well as a graduate course on restorative justice at the University of Dhaka. This study also finds contentious themes raised by the key informants, specifically the role of INGOs, government and community.


Muhammad Asadullah
Muhammad Asadullah is Assistant Professor at the Department of Justice Studies, University of Regina, Canada.

Brenda Morrison
Brenda Morrison is Associate Professor at the School of Criminology, Simon Fraser University, Canada. Contact author: Muhammad.Asadullah@uregina.ca.
Article

Reducing Ethnic Conflict in Guyana through Political Reform

Journal European Journal of Law Reform, Issue 1 2021
Keywords Guyana, race, ethnic conflict, political power, constitutional reform
Authors Nicola Pierre
AbstractAuthor's information

    This article discusses using constitutional reform to reduce ethnic conflict in Guyana. I start by exploring the determinants of ethnic conflict. I next examine Guyana’s ethnopolitical history to determine what factors led to political alignment on ethnic lines and then evaluate the effect of the existing political institutions on ethnic conflict. I close with a discussion on constitutional reform in which I consider a mix of consociationalist, integrative, and power-constraining mechanisms that may be effective in reducing ethnic conflict in Guyana’s ethnopolitical circumstances.


Nicola Pierre
Nicola Pierre is Commissioner of Title and Land Court Judge in Guyana.

Mark Walters
Mark Walters is Professor of Criminal Law and Criminology, University of Sussex, Brighton, UK. Contact author: Mark.Walters@sussex.ac.uk.
Article

Victim-offender mediation in Denmark: or how institutional placement and organisation matter

Journal The International Journal of Restorative Justice, Issue 2 2020
Keywords Danish VOM programme, police, victim-offender mediation, Norwegian Mediation Service, Konfliktråd
Authors Katrine Barnekow Rasmussen
AbstractAuthor's information

    In this article, the current state of the Danish police-based victim-offender mediation (VOM) programme is examined against the background of the Norwegian Mediation Service (NMS). In the two similar national languages both are called Konfliktråd, and the Danish programme – which was launched in 2010 – is named after and clearly inspired by the Norwegian service. Yet they differ in terms of organisational structure, capacity and use. Despite similar population size, the NMS completes around 12 times as many meetings as the Danish VOM programme. Furthermore, since 2016 the average number of meetings completed per year by the Danish programme has dropped significantly. In the article, I examine how the development of the Danish VOM programme has seemingly been held back by its placement in the police and also by a lack of clear prioritisation by management, political support and legal status. The VOM secretariat and local VOM coordinators attempt to mitigate the negative effects of these factors. Yet the framework of the Danish VOM programme seems to continue hindering the emulation of the Norwegian service in terms of capacity and use.


Katrine Barnekow Rasmussen
Katrine Barnekow Rasmussen is a PhD Fellow at the Faculty of Law of the University of Copenhagen, Denmark. Contact author: xsq276@ku.dk.

Marian Liebmann
Marian Liebmann, PhD, is an independent restorative justice practitioner, trainer and consultant. She is the former director of Mediation UK.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Measuring the restorativeness of restorative justice: the case of the Mosaica Jerusalem Programme

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, criminal justice, criminal law taxonomy, victims, offenders
Authors Tali Gal, Hadar Dancig-Rosenberg and Guy Enosh
AbstractAuthor's information

    This study uses a Jerusalem-based restorative justice programme as a case study to characterise community restorative justice (CRJ) conferences. On the basis of the Criminal Law Taxonomy, an analytical instrument that includes seventeen measurable characteristics, it examines the procedural elements of the conferences, their content, goals and the role of participants. The analysis uncovers an unprecedented multiplicity of conference characteristics, including the level of flexibility, the existence of victim-offender dialogue, the involvement of the community and a focus on rehabilitative, future-oriented outcomes. The findings offer new insights regarding the theory and practice of CRJ and the gaps between the two.


Tali Gal
Tali Gal is Associate Professor and Senior Lecturer, School of Criminology, University of Haifa, Haifa, Israel.

Hadar Dancig-Rosenberg
Hadar Dancig-Rosenberg is Visiting Professor, UC Berkeley School of Law (2017-2018) and Associate Professor, Bar-Ilan University Faculty of Law, Ramat-Gan, Israel.

Guy Enosh
Guy Enosh is Associated Professor, Faculty of Welfare and Health Sciences, School of Social Work, University of Haifa, Haifa, Israel. Contact author: tgal1@univ.haifa.ac.il. Note: The first two authors have contributed equally; the third author contributed to the methodology. Acknowledgements: We are grateful to Gali Pilowsky-Menkes and Rotem Spiegler for outstanding data collection assistance. We are also grateful to Caroline Cooper, Netanel Dagan and Adi Libson for insightful comments. We are particularly indebted to the Mosaica workers and volunteers who provided us access to their materials while ensuring the privacy of all parties involved.
Article

Hoop en verraad: wat moslimjongeren verwachten van vertegenwoordigers met een etnische minderheidsachtergrond

Journal Res Publica, Issue 4 2017
Keywords social group representation, focus group methods, feelings of (not) being represented, Muslim youth
Authors Soumia Akachar, Karen Celis and Eline Severs
AbstractAuthor's information

    This paper employs focus group data with Flemish muslim youth to explore how they deal with the visible emergence of ethnic minority representatives (EMRs) in Belgian elected bodies. The focus groups tap into their shared identity experiences and subsequent expectations vis-à-vis EMRs. Using grounded theory to analyse our data, we distinguish three different EMR typologies: those who are autonomous yet loyal to the group, those who are responsive to ethnic/religious issues but perceived as reductive, and those who sell-out to mainstream politics. These typologies challenge approaches presuming the extent to which representatives advance policies responsive to group members’ interests as ideal or desirable.


Soumia Akachar
Soumia Akachar promoveert bij de Afdeling Politieke Wetenschappen aan de Vrije Universiteit Brussel. Ze doet onderzoek naar de politieke vertegenwoordiging van moslimjongeren in Vlaanderen en de mate waarin ze zich al dan niet vertegenwoordigd voelen. Soumia maakt deel uit van het onderzoeksprogramma ‘Evaluating Democratic Governance in Europe’ en is ook lid van RHEA, het Expertisecentrum Gender, Diversiteit en Intersectionaliteit aan de VUB.

Karen Celis
Karen Celis is als onderzoeksprofessor verbonden aan de Vakgroep Politieke Wetenschappen van de Vrije Universiteit Brussel en is codirecteur Onderzoek van RHEA het VUB-expertisecentrum Gender, Diversiteit, Intersectionaliteit. Ze verricht theoretisch en empirisch onderzoek naar de kwaliteit van democratische vertegenwoordiging vanuit het perspectief van achtergestelde groepen. Ze is coredacteur van de European Journal of Politics and Gender en de Routledge-boekenreeks Gender and Comparative Politics.

Eline Severs
Eline Severs doceert politieke wetenschappen aan de Vrije Universiteit Brussel. Haar onderzoek concentreert zich voornamelijk op vraagstukken van democratische vertegenwoordiging, de betekenis van legitimiteit, en democratische inclusie. Recent redigeerde ze, samen met Suzanne Dovi (University of Arizona), een symposium over de ethiek van vertegenwoordigers in PS: Political Science and Politics (2018, forthcoming).
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The English Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Dangerous, sex offenders, human rights, community supervision, punishment
Authors Nicola Padfield
AbstractAuthor's information

    This article explores the legal constraints imposed on the rising number of so-called ‘dangerous’ sex offenders in England and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency Public Protection Arrangements and civil protective orders such as Sexual Harm Prevention Orders. ‘Control’ in the community is thus widespread, but is difficult to assess whether it is either effective or necessary without a great deal more research and analysis. Post-sentence ‘punishment’ has been largely ignored by both academic lawyers and criminologists. The article concludes that financial austerity might prove to be as important as the human rights agenda in curbing the disproportionate use of powers of control.


Nicola Padfield
Nicola Padfield, MA, Dip Crim, DES, Reader in Criminal and Penal Justice, University of Cambridge. I thank Michiel van der Wolf for involving me in this project and for his many useful insights and comments.

    As the nature of global violence shifts and conflict becomes increasingly characterized by intrastate violence, theoretical underpinnings of violence and aggression based on Westphalian models have become insufficient. Contemporary warfare is no longer confined to acts of violence between states using large-scale weaponry where non-combatants are rarely at the front lines. Instead, small arms have allowed rebel groups to bring the front lines of conflict to villages, resulting in a much deadlier age of violence against civilians. This shift has led to an increase in attention to the impact of violent conflict on civilians, including a consideration of the gendered experiences of women, men, girls and boys.
    Of particular concern in this article is the way in which a discourse of victimhood, mobilized through international policy and intervention, can further marginalize and disempower women in postwar contexts. Drawing on ethnographic data from fieldwork with women in Bosnia-Herzegovina, this article will highlight the usefulness of a narrative framework for understanding how individuals make sense of violence, and the discursive politics at work in how these experiences are storied. To this end, the article endeavours to expand the theoretical base from which to understand women’s experiences of conflict in order to ensure postwar interventions do not confine women to the role of “victim,” but support a full range of their expression of agency.


Jessica M. Smith
Jessica Smith is a PhD candidate at the School for Conflict Analysis & Resolution at George Mason University. Her research is focused on exploring the intersection of photography, narrative theory, and women’s postwar political agency as a point of inquiry for developing a richer understanding of how to meaningfully engage women in conflict transformation processes. Currently, she is a fellow for the Center for the Study of Narrative and Conflict Resolution and the Managing Editor of Narrative & Conflict: Explorations in Theory and Practice.
Article

Access_open ‘We Do Not Hang Around. It Is Forbidden.’

Immigration and the Criminalisation of Youth Hanging around in the Netherlands

Journal Erasmus Law Review, Issue 1 2016
Keywords Criminalisation of youth hanging around, culture of control, immigration and discrimination
Authors Thaddeus Muller
AbstractAuthor's information

    The focus in this article is the ‘criminalisation’ of youth hanging around with the emergence of bans on hanging around. A critical social constructivist approach is used in this study, which draws predominantly on qualitative primary data collected between the late 1980s and 2010s. The article compares indigenous with immigrant youth, which coincides with, respectively, youth in rural communities and youth in urban communities. This study shows that there is discrimination of immigrant youth, which is shaped by several intertwining social phenomena, such as the ‘geography of policing’ – more police in urban areas – familiarity, sharing biographical information (in smaller communities), and the character of the interaction, normalising versus stigmatising. In further research on this topic we have to study (the reaction to) the transgressions of immigrant youth, and compare it with (the reaction to) the transgressions of indigenous youth, which is a blind spot in Dutch criminology.


Thaddeus Muller
Thaddeus Muller, Ph.D., is senior lecturer at the Lancaster University Law School.
Article

Indigenous Cultural Resources for Peacebuilding

Khan Abdul Ghaffar Khan’s Philosophy and Conflict in the Federally Administered Tribal Areas of Pakistan

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords Islam, Khudai Khidmatghar, Taliban, Pakhtuns, liberal peacebuilding
Authors Saira Bano Orakzai
AbstractAuthor's information

    Indigenous peacebuilding has introduced numerous challenges to the approach of liberal peacebuilding that is well advocated around the world. The conflict in the Federally Administered Tribal Areas (FATA) of Pakistan presents one such challenge for the local peacebuilders – whereas the implementation of the liberal peacebuilding has failed. Adopting a subaltern perspective, this article examines indigenous cultural peacebuilding resources for this conflict. Prominent among these resources is the philosophy of non-violence and self-restraint of Khan Abdul Ghaffar Khan and his Khudai Khidmatgar non-violent movement. The article discusses Khan’s philosophy and the movement it inspired, while making a case for the value of such indigenous resources in the development of culturally appropriate responses for countering militancy and violence in FATA. The article uses the writings of Ghaffar Khan together with secondary resources to suggest measures to counter the contemporary violent extremism by the Taliban and draw upon indigenous approaches to make peacebuilding more effective in FATA.


Saira Bano Orakzai
Postdoctoral Fellow, Institute for Reconciliation and Social Justice, University of Free State, South Africa.
Article

Redefining Success in Arab–Jewish Dialogue Groups

Learning to Live in Both Worlds

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2015
Keywords peace building, shift, interethnic dialogue, success in dialogue, dialogue groups
Authors Nurete Brenner and Victor Friedman
AbstractAuthor's information

    Despite the ongoing debate about the effectiveness of intergroup dialogue for conflict resolution, there is surprisingly little conceptualization of what constitutes successful dialogue. On the basis of a qualitative analysis of three US-based Arab–Jewish dialogue groups, using phenomenological methods and a comparison of case studies, this article presents three main dimensions of success: (1) a shift among group members to ‘living in both worlds’, which means that participants learn to accept the others’ views while still maintaining their own; (2) expansion beyond the group boundaries to include people outside the group such as family members, the larger community members and others and (3) resilience, which means being able to stay in relationship with rival group members without necessarily resolving the conflict. These three dimensions, which are linked together, provide potential criteria for evaluating the effectiveness of dialogue groups. The concept of shift is discussed and refined and contrasted with the more general concept of change. Ideas around generalizability are discussed, and the concept of expansion or ‘rippling out’ is suggested instead. Finally, resilience rather than resolution is offered as one of the main objectives of a successful dialogue.


Nurete Brenner
PhD, Ursuline College, Cleveland, Ohio.

Victor Friedman
EdD, Action Research Center for Social Justice, Max Stern Yezreel Valley College, Yezreel Valley, Israel.
Article

Access_open Institutional Religious Accommodation in the US and Europe

Comparative Reflections from a Liberal Perspective

Journal Netherlands Journal of Legal Philosophy, Issue 3 2015
Keywords European jurisprudence, freedom of religion, religious-based associations, religious accommodation
Authors Patrick Loobuyck
AbstractAuthor's information

    Jean Cohen argues that recent US Supreme Court decisions about institutional accommodation are problematic. She rightly points out that justice and the liberal concept of freedom of consciousness cannot do the work in Hobby Lobby and Hosanna-Tabor: what does the work is a medieval political-theological conception of church immunity and sovereignty. The first part of this commentary sketches how the autonomy of churches and religious associations can be considered from a liberal perspective, avoiding the pitfall of the medieval idea of libertas ecclesiae based on church immunity and sovereignty. The second part discusses the European jurisprudence about institutional accommodation claims and concludes that until now the European Court of Human Rights is more nuanced and its decisions are more in line with liberalism than the US Jurisprudence.


Patrick Loobuyck
Patrick Loobuyck is Associate Professor of Religion and Worldviews at the Centre Pieter Gillis of the University of Antwerp and Guest Professor of Political Philosophy at Ghent University.
Article

The Manifestation of Religious Belief Through Dress

Human Rights and Constitutional Issues

Journal European Journal of Law Reform, Issue 2 2014
Keywords religion, religious freedom, burqa, hijab, Muslim
Authors Anthony Gray
AbstractAuthor's information

    Jurisdictions around the world continue to grapple with the clash between religious freedoms and other freedoms and values to which a society subscribes. A recent, and current, debate concerns the extent to which a person is free to wear items of clothing often thought to be symbolic of the Muslim faith, though the issues are not confined to any particular religion. Bans on the wearing of this type of clothing have often (surprisingly) survived human rights challenges, on the basis that governments had legitimate objectives in banning or restricting them. A pending case gives the European Court another chance to reconsider the issues. It is hoped that the Court will closely scrutinise claims of legitimate objectives for such laws; perceptions can arise that sometimes, governments are pandering to racism, intolerance and xenophobia with such measures, rather than seeking to meet more high-minded objectives.


Anthony Gray
Professor of Law, University of Southern Queensland, Australia.
Article

Access_open A Turn to Legal Pluralism in Rule of Law Promotion?

Journal Erasmus Law Review, Issue 3/4 2013
Keywords legal pluralism, rule of law promotion, legal reform, customary law, non-state legal systems, donor policy
Authors Dr.mr Ronald Janse
AbstractAuthor's information

    Over the past 25 years, international organizations, NGOs and (mostly Western) states have spent considerable energy and resources on strengthening and reforming legal systems in developing countries. The results of these efforts have generally been disappointing, despite occasional successes. Among donors, one of most popular explanations of this failure in recent years is that rule of law promotion has wrongly focused almost exclusively on strengthening the formal legal system. Donors have therefore decided to 'engage' with informal justice systems. The turn to legal plu‍ra‍lism is to be welcomed for various reasons. But it is also surprising and worrisome. It is surprising because legal pluralism in developing countries was a fact of life before rule of law promotion began. What made donors pursuing legal reform blind to this reality for so long? It is worrisome because it is not self-evident that the factors which have contributed to such cognitive blindness have disappeared overnight. Are donors really ready to refocus their efforts on legal pluralism and 'engage' with informal justice systems? This paper, which is based on a review of the literature on donor engamenet with legal pluralism in so-called conflict affected and fragile states, is about these questions. It argues that 7 factors have been responsible for donor blindness regarding legal pluralism. It questions whether these factors have been addressed.


Dr.mr Ronald Janse
Ronald Janse is Associate Professor of Law, University of Amsterdam, The Netherlands.
Article

Immigration, Religion and Human Rights

State Policy Challenges in Balancing Public and Private Interests

Journal European Journal of Law Reform, Issue 1 2012
Keywords globalization, religious symbols, reasonable accommodations, comparative law, immigration, burqa, human rights
Authors Eric Tardif
AbstractAuthor's information

    Three regions of the world – Western Europe, North America, and Australia – are probably the most popular options when families of emerging countries decide to emigrate in order to better their economic future. As the flow of immigrants establishing themselves in the receiving societies allows for these countries to get culturally richer, it creates, on the other hand, legal tensions as to the extent religious practice is to be accommodated by the governments of secular societies so as to facilitate the insertion of the newcomers into the workplace, social networks, and education system. In order to eliminate or diminish the effect of legal provisions that cause an indirect harm to religious minorities, several countries have taken steps aimed at “reasonably accommodating” them. This paper looks at these efforts made by receiving States, taking into account both the legislative aspect and the interpretation of the statutes and constitutional provisions by national as well as international tribunals; it also gives a critical appreciation of the results that have been obtained in the societies that have implemented those shifts in their legal system.


Eric Tardif
LL.L. (Ottawa); LL.M., LL.D. (National Autonomous University of Mexico - UNAM). The author is currently a Lecturer at the Faculty of Law of the National Autonomous University of Mexico, in the subjects of International and Comparative Law. This document was initially prepared for presentation at the VIIIth World Congress of the International Association of Constitutional Law, held in Mexico City, 6-10 December, 2010; an earlier version of this article was published in the International Journal of Public Law and Policy in 2011.

Kader Asmal
The Sir William Dale Memorial Lecture for 2006 was delivered on 10 November 2006 at the Institute of Advanced Legal Studies, Chatham House, London, by Professor Asmal, Member of Parliament and former Minister of Education, South Africa.
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