APPENDIX
(Prepared by Melodee A. Smith)
UN DOCUMENTS (250) referencing ‘Restorative Justice’
|
DATE |
ORIGIN |
NAME |
CONTEXT |
NOTE |
|
31/03/2005 |
Summary record of the 11th meeting, held at the
Palais des Nations, |
STATEMENT
BY THE MINISTER FOR FOREIGN AFFAIRS AND COOPERATION OF TIMOR‑LESTE Justice
came in a number of forms. Retributive
justice demanded legal prosecution and punishment, whereby the victim was
a witness for the State. Restorative
justice, which, as had been seen from the experiences of many countries,
was the main focus for truth commissions, focused on people.
The victims were the primary concern and the perpetrator was
compelled to tell the truth. Timor-Leste
required focus to be placed on restorative justice in order that primary
attention was given to people, participation, dialogue, needs and the
future. The question arose how
far the people of Timor‑Leste should go back into the past in search
of truth and justice, and whether they should dwell on the role of the
numerous international actors who, by their silence or active complicity
with the Suharto regime, had enabled it to stay in power for too long and
repress its own people and the people of Timor-Leste.
The Government found it ironic that there were currently much
greater demands and pressure on the new, democratic |
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16/03/2005 |
PROMOTION AND PROTECTION OF HUMAN RIGHTS: HUMAN RIGHTS DEFENDERS |
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14/03/2005 |
PRELIMINARY TEXT OF THE
DRAFT |
Declaration
24 - We recognize the importance of further developing restorative justice
policies, procedures and programmes in order to decrease the caseload of
criminal courts, as well as of promoting the incorporation of restorative
justice approaches into criminal justice practices, as appropriate. |
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03/03/2005 |
11TH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND
CRIMINAL JUSTICE : |
Organization
of work - In its resolution 58/138, the General Assembly approved the
provisional agenda for the Congress, including the holding of six
technical workshops on the following subjects: Enhancing
criminal justice reform, including restorative justice. In
its resolution 2002/12, the Economic and Social Council encouraged Member
States to draw on the basic principles on the use of restorative justice
programmes in criminal matters (annexed to the resolution) in the
development and operation of restorative justice programmes; and called
upon Member States that had adopted restorative justice practices to make
information about those practices available to other States upon request. Making
standards work: fifty years of standard-setting in crime prevention and
criminal justice |
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28/02/2005 |
INFORMATION FOR
PARTICIPANTS : 11TH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND
CRIMINAL JUSTICE : |
Theme
and Agenda - workshops on the following subjects: Enhancing
criminal justice reform, including restorative justice |
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24/02/2005 |
A/CONF.203/10 |
WORKSHOP 2: ENHANCING CRIMINAL JUSTICE REFORM,
INCLUDING RESTORATIVE JUSTICE : BACKGROUND PAPER |
Paper
provides recommendations for discussion |
Rj
file |
|
24/01/2005 |
A/59/6/REV.1
(SUPP) |
BIENNIAL PROGRAMME PLAN AND PRIORITIES FOR THE
PERIOD 2006-2007 |
ESOC
Resolution 2002/12 Basic principles on the use of restorative justice
programmes in criminal matters |
|
|
13/01/2005 |
UNITED NATIONS OFFICE ON DRUGS AND CRIME:
CONSOLIDATED BUDGET OUTLINE FOR 2006-2007 : REPORT OF THE EXECUTIVE
DIRECTOR |
3.
Rule of law ($40.4 million) This
thematic sector comprises activities related to the programmes on: (a) anti-corruption;
(b) anti-money-laundering; and (c) criminal justice reform. UNODC will
concentrate on restoring criminal justice systems in post-conflict
countries and on integrating law reform, juvenile justice, correctional
services, restorative justice and victim support schemes. This will
require the rehabilitation of infrastructure and the training of judiciary
officials, prosecutors, police, correctional officers, defense lawyers and
welfare officers. Good practices related to the use of alternative
measures and non-custodial sentences and criminal justice management,
including the use of criminal justice statistics, will be promoted. UNODC
will encourage the exchange of knowledge and experience among developing
countries. |
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01/01/2005 |
Security Council, 60th
year : 5132nd meeting, Monday, 28 February 2005, |
Justice comes in a number of
forms, criminal prosecution being the most common. Retributive justice
demands legal prosecution or punishment, whereby the victim is the State,
and the victim a witness for the State. It is adversarial and focused on
the past. Restorative justice — the main focus of truth commissions —
is about people, where the victims are the primary concern and not simply
witnesses, and the perpetrator is compelled to truth. Timor-Leste requires
the focus to be on restorative justice so that primary attention is given
to people, participation, dialogue, needs and the future. Our past is both tragic and bloody; if we are to reach back into the past, how far do we
go? The greatest act of justice and blessing bestowed on the people of |
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06/12/2004 |
World Youth Report 2005 :
report of the Secretary-General |
On
Juvenile Delinquency 85. There
is a preference for social rather than judicial approaches to dealing with
young offenders in a number of United Nations instruments. The Riyadh
Guidelines assert that the prevention of juvenile delinquency is an
essential part of overall crime prevention in society, and the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules) recommend instituting positive measures to strengthen
a juvenile’s overall well-being and reduce the need for State
intervention.28 It is widely believed that early phase intervention
represents the best approach to preventing juvenile delinquency, and the
prevention of recurring crime is best achieved through restorative
justice. |
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05/12/2004 |
Committee
on the rights of the child |
6(h)
Legislation on the
administration of juvenile justice.
RA 8369, Family
Courts Act of 1997 granted exclusive original jurisdiction over child
and family cases in the family courts.
A draft bill on the comprehensive juvenile justice system
has been endorsed for consideration.
The bill adopts the framework of
diversion, restorative justice which aims at rehabilitating the
child, providing restitution in favor of the victim, and fostering peace
in the community. It also
adopts the principles of: (1) prevention of juvenile delinquency; (2) deprivation
of liberty as a last resort; (3) prohibition of harsh treatment; (4)
prohibition of unlawful or arbitrary deprivation of liberty; (5) access to
legal assistance; and (6) limitation on restrictions of liberty.
A bill has also been filed to decriminalize vagrancy. |
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18/11/2004 |
International covenant |
The
Restorative Justice Program is a partnership between government and
communities to develop restorative justice capacities in
|
Numerous
references – rj file |
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|
06/08/2004 |
Resolutions and decisions
adopted by the Economic and Social Council at its substantive session for
2004 (28 June 2004 to 23 July2004) |
Recalling
the plans of action for the implementation of the Vienna Declaration on
Crime and Justice, in particular the actions against transnational
organized crime, corruption, money-laundering, terrorism and
high-technology and computer-related crime and the actions on crime
prevention, witnesses and victims of crime, prison overcrowding and
alternatives to incarceration, juvenile justice, special needs of women in
the criminal justice system, standards and norms and restorative justice. |
5
references – rj file |
|
|
04/08/2004 |
Strengthening the United Nations Crime Prevention
and Criminal Justice Programme, in particular its technical cooperation
capacity : report of the Secretary-General |
Other
major activities -Implementation of United Nations standards and norms in
crime prevention and criminal justice - In
accordance with Economic and Social Council resolution 2003/30 of 22 July
2003, adopted by the Council on the recommendation of the Commission on
Crime Prevention and Criminal Justice at its twelfth session, in March
2004 the Office convened an intergovernmental expert group meeting, which
prepared draft information-gathering instruments in relation to standards
and norms related primarily to persons in custody, non-custodial sanctions
and juvenile and restorative justice. The meeting also proposed new ways
and means of maximizing the effectiveness of technical assistance to
Member States in crime prevention and criminal justice, including in the
context of peacekeeping and post-conflict situations to strengthen
capacity-building and the promotion of the rule of law. |
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27/07/2004 |
Summary of midterm reviews and major evaluations of
country programmes : Central and Eastern Europe, the Commonwealth of
Independent States and the |
Progress
and key results at midterm
62. A review of
national legislation in the framework of the Convention on the Rights of
the Child was carried out and work started on the development of a
separate legal code for children. A shared understanding of restorative
justice (avoiding court and criminal procedures and using instead visits
by social workers and contacts with probation officers) was developed
among professionals working in the field of juvenile justice. A child
police unit was established in all 81 provinces and child rights
commissions were established in 27 provinces. |
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08/07/2004 |
Recommendation for approval of additional regular
resources for approved county programmes |
5.
The increased planning level for 2004 provides the |
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01/07/2004 |
Preparations for the 11th
United Nations Congress on Crime Prevention and Criminal Justice : report
of the Secretary-General |
Cited
above |
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11/06/2004 |
E/CN.15/2004/16(SUPP) |
COMMISSION ON CRIME
PREVENTION AND CRIMINAL JUSTICE : REPORT ON THE 13TH SESSION, 11-20 MAY
2004 : ECONOMIC AND SOCIAL COUNCIL : OFFICIAL RECORDS, 2004 : SUPPLEMENT
NO. 10 |
Numerous
cites |
RJ
file |
|
10/06/2004 |
International Decade of
the World's Indigenous People : report on the Expert Seminar on Indigenous
Peoples and the Administration of Justice ( |
26.
Mr. Wilton Littlechild, an indigenous lawyer from |
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08/06/2004 |
Housing and property
restitution in the context of the return of refugees and internally
displaced persons : progress report of the Special Rapporteur, Paulo
Sergio Pinheiro, submitted in accordance with Sub-Commission resolution
2002/7 : addendum |
Commentary to Section I of the Draft Principles on The
Right
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02/06/2004 |
Housing and property
restitution in the context of the return of refugees and internally
displaced persons : progress report of the Special Rapporteur, Paulo
Sergio Pinheiro, submitted in accordance with Sub-Commission resolution
2002/7 |
Introduction
1.
At its fifty-fifth session, the Sub-Commission on the Promotion and
Protection of Human Rights, in its resolution 2003/18, welcomed the
preliminary report submitted by the Special Rapporteur, Paulo Sérgio
Pinheiro, on housing and property restitution in the context of the return
of refugees and internally displaced persons (E/CN.4/Sub.2/2003/11) and
endorsed the conclusions and recommendation contained therein.
The preliminary report contained an overview of real world cases
where restitution was utilized as a remedy, with an emphasis on
post-conflict situations. The
study also provided an analysis of common obstacles to restitution, and
emphasized the importance of restitution as a form of restorative justice.
|
Numerous
cites |
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19/05/2004 |
REVISED DRAFT RESOLUTION SUBMITTED BY THE CHAIRMAN :
UNITED NATIONS STANDARDS AND NORMS IN CRIME PREVENTION AND CRIMINAL
JUSTICE |
5.
Takes note of the instruments for gathering information on United
Nations standards and norms related primarily to persons in custody,
non-custodial sanctions and juvenile and restorative justice, as revised
by the Intergovernmental Expert Group Meeting; |
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18/05/2004 |
Draft report : Commission
on Crime Prevention and Criminal Justice, 13th session, |
Deliberations
23.
The observer for Defence for Children International noted that the
Committee on the Rights of the Child had reported that States parties were
having difficulties in implementing the Convention on the Rights of the
Child, as well as related United Nations standards and norms concerning
children in conflict with the law, especially children deprived of their
liberty. He referred to the Defence for Children International report
entitled Kids behind bars: a study on children in conflict with the law;
towards investing in prevention, stopping incarceration and meeting
international standards,[1]
which had shown that over one million children were deprived of their
liberty worldwide and were held in deplorable conditions in clear
violation of international law. He stated that Member States should be
encouraged to develop national action plans on juvenile justice that would
set targets for reducing the number of children arrested, detained or
imprisoned and focusing on data collection and analysis, prevention of
juvenile delinquency, promotion of alternatives, including restorative
justice, and improving the conditions of children deprived of their
liberty. |
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18/05/2004 |
|
Guidelines
on justice for child victims and witnesses of crime
3.
Invites the Eleventh United Nations Congress on Crime Prevention
and Criminal Justice, under the substantive item entitled “Making
standards work: fifty years of standard-setting in crime prevention and
criminal justice”, during the Workshop on Enhancing Criminal Justice
Reform, including Restorative Justice, and during the ancillary meetings
of non-governmental and professional organizations, to consider and
discuss the issue of guidelines on justice for child victims and witnesses
of crime, and invites the intergovernmental expert group to take into
account the results of those discussions in carrying out its work |
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17/05/2004 |
DAILY LIST : 11 MAY 2004 |
4.
DRAFT INFORMATION-GATHERING INSTRUMENT ON STANDARDS AND NORMS PRIMARILY
RELATED TO RESTORATIVE JUSTICE |
|
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17/05/2004 |
Draft report : Commission
on Crime Prevention and Criminal Justice, 13th session, |
22.
Informal conflict resolution mechanisms, based on the principles of
restorative justice, could play an important role in the promotion of the
rule of law. In societies in transitional and post-conflict situations,
reform of the criminal justice system should be geared to building public
confidence, in particular towards the police. Development assistance
packages should be based on the unique situation of the countries
requesting assistance and be in line with national priorities. Such
packages should include a rule of law component, including strengthening
of criminal justice institutions. An open dialogue was required with
development organizations, financial institutions and other relevant
bodies on how to increase the level of financial assistance to projects
addressing rule of law issues, as articulated by countries in need.
Technical assistance to least developed and developing countries should be
increased, so that they could address priority needs and comply with
international obligations. |
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17/05/2004 |
Reports submitted by States parties under article 9
of the Convention: International Convention on the Elimination of all
Forms of Racial Discrimination : 16th periodic reports of States parties
due in 2003 : addendum : |
Aboriginal
peoples and the justice system 53.
The Diversity and Gender Equality Office of the Department of
Justice collaborated with the Métis National Council of Women, Pauktuutit
Inuit Women’s Association, and the Native Women’s Association of
Canada to convene the first Aboriginal Women’s Justice Consultation.
It was funded by the federal Voluntary Sector Initiative and was
held in September 2001. The
Consultation focused on five areas: a
gender analysis update from key federal departments in terms of the impact
on Aboriginal women; restorative justice; treatment of Aboriginal peoples
by the justice system; family law; and a model of Strategic Planning based
on Aboriginal values. |
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13/05/2004 |
|
Recalling
the plans of action for the implementation of the Vienna Declaration on
Crime and Justice, in particular the actions against transnational
organized crime, corruption, money-laundering, terrorism and
high-technology and computer-related crime and the actions on crime
prevention, witnesses and victims of crime, prison overcrowding and
alternatives to incarceration, juvenile justice, special needs of women in
the criminal justice system, standards and norms and restorative justice, |
|
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11/05/2004 |
DRAFT RESOLUTION SUBMITTED
BY THE CHAIRMAN : UNITED NATIONS STANDARDS AND NORMS IN CRIME PREVENTION
AND CRIMINAL JUSTICE |
5.
Approves the instruments for gathering information on United
Nations standards and norms related primarily to persons in custody,
non-custodial sanctions and juvenile and restorative justice, as revised
by the Intergovernmental Expert Group Meeting |
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10/05/2004 |
|
3.
Invites the Eleventh United Nations Congress on Crime Prevention
and Criminal Justice, under the substantive item entitled “Making
standards work: fifty years of standard-setting in crime prevention and
criminal justice”, during the Workshop on Enhancing Criminal Justice
Reform, including Restorative Justice and during the ancillary meetings of
non-governmental and professional organizations, to consider and discuss
the issue of the guidelines on justice for child victims and witnesses of
crime and to develop recommendations to be forwarded to the
intergovernmental expert group for its consideration |
|
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|
10/05/2004 |
|
Recalling
the plans of action for the implementation of the Vienna Declaration on
Crime and Justice, in particular the actions against transnational
organized crime, corruption, money-laundering, terrorism and
high-technology and computer-related crime and the actions on crime
prevention, witnesses and victims of crime, prison overcrowding and
alternatives to incarceration, juvenile justice, special needs of women in
the criminal justice system, standards and norms and restorative justice |
|
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04/05/2004 |
REPORT OF THE WESTERN
ASIAN REGIONAL PREPARATORY MEETING FOR THE ELEVENTH UNITED NATIONS
CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE |
Cited
above |
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29/04/2004 |
DRAFT REPORT : WESTERN ASIAN REGIONAL PREPARATORY
MEETING FOR THE 11TH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND
CRIMINAL JUSTICE : |
Workshop
2. Enhancing Criminal Justice Reform, including Restorative Justice The
Meeting recommended that Workshop 2 explore ways and means of improving
knowledge on the effects of imprisonment on women and juveniles and ways
to raise their awareness of the functioning of the criminal justice system
and the rights afforded to them by the system. |
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29/04/2004 |
REPORT OF THE LATIN AMERICAN AND |
Workshop
2. Enhancing Criminal Justice Reform, including Restorative Justice 68.
The Meeting recommended that Workshop 2 conduct an extensive,
comprehensive review of current criminal justice reform worldwide, to
include the examination of new legislation and practices in drafting
criminal, substantive and procedural codes, as well as the consequent
structural and material adjustments required. It also recommended that the
relationships between law reforms and the underlying legal culture be
given due attention, especially in countries where indigenous people
relied on traditional and customary justice, based on community
participation, restitution, compensation, mediation, arbitration and other
forms of conflict resolution used to achieve the peaceful settlement of
disputes. The Workshop should also examine ways to expand access to
justice, to increase confidence in the legal system and to establish the
credibility of institutions of the legal system. The Meeting recommended
that restorative forms of justice be reviewed, taking into account the
concerns of the victim, in accordance with the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power, as well as
training programmes designed for criminal justice personnel implementing
restorative justice programmes. |
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20/04/2004 |
DRAFT REPORT : ADDENDUM :
LATIN AMERICAN AND CARIBBEAN REGIONAL PREPARATORY MEETING FOR THE 11TH
UNITED NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE : |
Cited
above |
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20/04/2004 |
THEMATIC DISCUSSION ON THE
RULE OF LAW AND DEVELOPMENT: THE CONTRIBUTION OF OPERATIONAL ACTIVITIES IN
CRIME PREVENTION AND CRIMINAL JUSTICE : NOTE BY THE SECRETARY-GENERAL |
B.
Strengthening the rule of law and the reform of criminal justice
institutions, with emphasis on technical assistance, including in
post-conflict reconstruction 14.
In the Vienna Declaration on Crime and Justice: Meeting the
Challenges of the Twenty-first Century,1 Member States emphasized that
effective action for crime prevention and criminal justice required the
involvement of Governments and national, regional, interregional and
international institutions; recognized that United Nations standards and
norms in crime prevention and criminal justice contributed to efforts to
deal with crime effectively, including in the field of juvenile justice
and prison reform; acknowledged that comprehensive crime prevention
strategies had to address the root causes and risk factors related to
crime and victimization; and encouraged the development of restorative
justice policies, procedures and programmes. 15.
In that perspective, the panel discussion could focus on the
prevention and control of urban violence and crime, especially among
juveniles, as well as best practices in restorative justice, taking fully
into account community participation and support. |
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16/04/2004 |
UNITED NATIONS STANDARDS AND NORMS IN CRIME
PREVENTION AND CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL |
14.
The Netherlands also stressed its support for the rights of victims
of criminal acts within the criminal procedure, including the right to
proper treatment, information and compensation, as well as the promotion
of certain forms of restorative justice, based on the Council of the
European Union framework decision of 15 March 2001 on the standing of
victims in criminal proceedings. 20.
The Expert Group Meeting reviewed four draft information-gathering
instruments on standards and norms, related to persons in custody,
non-custodial sanctions and juvenile and restorative justice, which had
been developed with the assistance of the European Institute for Crime
Prevention and Control, affiliated with the United Nations, and commented
on by other members of the United Nations Crime Prevention and Criminal
Justice Programme network. The draft instruments are before the Commission
as conference room papers. |
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08/04/2004 |
Proposed strategic
framework for the period 2006-2007. Part 2 : biennial programme plan.
Programme 13, International drug control, crime prevention and criminal
justice |
2002/12
Basic principles on the use of restorative justice programmes in
criminal matters |
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06/04/2004 |
REPORT OF THE ASIAN AND PACIFIC REGIONAL PREPARATORY
MEETING FOR THE 11TH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND
CRIMINAL JUSTICE |
Cited
above |
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06/04/2004 |
PROVISIONAL AGENDA AND PROPOSED ORGANIZATION OF WORK
: WESTERN ASIAN REGIONAL PREPARATORY MEETING FOR THE 11TH UNITED NATIONS
CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE : |
Cited
above |
|
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02/04/2004 |
UNITED NATIONS STANDARDS AND NORMS IN CRIME
PREVENTION AND CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL :
ADDENDUM |
Review
of the draft information-gathering instruments on standards and norms
related primarily to persons in custody, non-custodial sanctions, and
juvenile and restorative justice; and on standards and norms related
primarily to legal, institutional and practical arrangements for
international cooperation 9.
The experts stressed the importance of the continued development of
standards and norms and assessment of their application. It was important
to agree on definitions of the concepts and terminology used in the
instruments, such as “restorative justice” and “custody”, and also
to use the same information-gathering instruments for both developed and
developing countries in order to identify the needs for criminal justice
reform and the sharing of information on best practices. |
|
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29/03/2004 |
DRAFT REPORT : ASIA AND
PACIFIC REGIONAL PREPARATORY MEETING FOR THE 11TH UNITED NATIONS CONGRESS
ON CRIME PREVENTION AND CRIMINAL JUSTICE : |
Cited
above |
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24/03/2004 |
ACTIVITIES OF THE
INSTITUTES COMPRISING THE UNITED NATIONS CRIME PREVENTION AND CRIMINAL
JUSTICE PROGRAMME NETWORK : REPORT OF THE SECRETARY-GENERAL |
Activities
of the regional and affiliated institutes A.
g)
Action on witness and victim protection. The 123rd international
seminar, held from January to February 2003, on the protection of victims
of crime and the active participation of victims in the criminal justice
process, specifically considering restorative justice approaches; (k)
Action on restorative justice. During the 123rd international
seminar, participants discussed the possibilities of restorative justice
approaches and problems involved. International
Centre for Criminal Law Reform and Criminal Justice Policy b)
Protection of human rights through criminal law in national
systems; and criminal justice policy development: restorative justice. At
the request of and working with the United Nations Office on Drugs and
Crime, the Centre is developing a discussion guide on enhancing criminal
justice reform, including restorative justice, for the workshop to be held
during the Eleventh Congress. With the support of the Government of
Canada, the Centre is prepared to take the lead in organizing the workshop |
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22/03/2004 |
GOOD PRACTICES IN CRIME
PREVENTION : REPORT OF THE SECRETARY-GEN |
II.
Expert group meeting held in The
following topical issues should be covered in the manual: violence against
women and targeted crime prevention projects; neighbourhood crime
prevention organizations in different types of residential setting with
different socio-economic levels; school anti-gun programmes; school-based
drug abuse programmes; programmes against sexual harassment in the
workplace; anti-gang programmes; organized crime: linkages between
international, national and local manifestations and responses; crime
prevention community education campaigns; programmes against corruption in
the workplace; street children and the risk of delinquency; children
orphaned by the acquired immuno defficiency syndrome (AIDS) and the risk
of delinquency; private security and its role in safety from crime;
electronic and video surveillance for business and urban renewal purposes;
migrants and xenophobia prevention programmes at the community level; the
role of mediation and conflict resolution and restorative justice at the
community level and within the criminal justice system. |
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22/03/2004 |
PREPARATIONS FOR THE 11TH UNITED NATIONS CONGRESS ON
CRIME PREVENTION AND CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL |
Cited
above |
|
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|
16/03/2004 |
REPORT OF THE AFRICAN REGIONAL PREPARATORY MEETING
FOR THE 11H UNITED NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL
JUSTICE |
Cited
above |
|
|
|
01/03/2004 |
DRAFT REPORT OF THE AFRICAN REGIONAL PREPARATORY
MEETING FOR THE 11TH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND
CRIMINAL JUSTICE |
Cited
above |
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27/02/2004 |
Impunity : note / by the Secretary-General |
7.
Strict
limits on the length of this study do not allow extensive consideration of
each aspect of the mandate. In
view of the in-depth work on reparations undertaken by M. Cherif Bassiouni
and Theo van Boven,[i]
principles 33-42 have not received the independent attention in this study
that would be merited by their importance alone.[ii]
The central importance of reparations is reflected, nonetheless,
throughout this study; virtually every measure addressed in this report
has a reparative dimension. More
generally, it has not been possible to reflect many salutary developments,
including recent initiatives inspired by the ideal of restorative justice. |
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11/02/2004 |
DISCUSSION GUIDE : 11TH UNITED NATIONS CONGRESS ON
CRIME PREVENTION AND CRIMINAL JUSTICE ( |
Workshop
2. Enhancing Criminal
Justice Reform, including Restorative Justice A.
Scope 145.
There has been growing interest in testing and promoting new
methods for improving the administration of justice worldwide, as was
apparent from the thematic discussion by the Commission on Crime
Prevention and Criminal Justice at its eleventh session of reform of the
criminal justice system: achieving effectiveness and equity. 146.
Workshop 2 will address current challenges facing criminal justice
administration. Victims and offenders, especially from poorer social
strata, have limited access to justice. Victims feel re-victimized after a
trial in which they do not actively participate. Offenders “pay the
price” for the crime they have committed with little or no consideration
given to rehabilitation. Judges are under pressure to make retributive
decisions on sentencing. The cost on the judicial system is rising, as
trials become longer and more complicated. The retributive process that
has traditionally focused on the offender and the State is seen as archaic
and still too rarely resorts to non-custodial sanctions or other
alternatives, including restorative justice. 147.
In recent years a variety of reforms have been initiated to
confront such problems. Community policing initiatives have been
instituted where police work proactively and in partnership with citizens
to identify and solve problems at an early stage. In many instances
greater prosecutorial discretion has been given with respect to
non-violent and minor offences. Innovative sentencing approaches such as
house arrest, part-time detention and weekend detention have also been
instituted. Other measures aimed at deterrence such as the “three
strikes and you’re out” penalty of life imprisonment and mandatory
minimum sentences are being tried but have also been subject to heavy
criticism. 148.
Community corrective measures, which include mechanisms such as
probation and parole, have also emerged as viable and effective
alternatives to imprisonment. This increased use of community measures has
been made possible by technical advance in offender assessment,
classification and programmes aimed at rehabilitation. 149.
Among the array of alternative measures, restorative justice has
emerged as an attempt to reinstate the beneficial aspects of more
traditional systems of justice. Workshop 2 will familiarize participants
with the directions that restorative justice has taken internationally,
including the emergence of international principles to guide policy and
the practice emerging in this field.
B.
Objectives 150.
Three major outcomes are expected:
(a) An information exchange
on recent successful criminal justice reform initiatives, based upon the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power and other international instruments, including the basic
principles on the use of restorative justice programmes in criminal
matters;
(b) Encouragement of the
establishment of intergovernmental projects of research into
evidence-based approaches for the further development of restorative
justice practices;
(c) Identification of
opportunities for information-sharing and the provision of technical
assistance (project ideas and proposals) for least developed countries and
countries with economies in transition, with a view to supporting their
criminal justice reforms, including the development of restorative justice
programmes. 151.
Workshop 2 will provide an opportunity to identify and create
collaborative opportunities and practical applications for research,
training and other technical cooperation activities to promote and support
criminal justice reform, including the use of restorative justice. 152.
It is expected that Workshop 2 will ensure that criminal justice
reforms are grounded in international standards and that restorative
justice programmes in particular are guided by basic principles. The
Workshop should also lead to regional strategies, initiatives and policies
to guide the development of restorative justice and other reform
programmes.
C.
Questions for discussion 153.
For workshop 2, participants are invited to bring with them data on
evaluative research conducted in their countries on major criminal justice
reforms that have been implemented in the last five years. On the basis of
such data, discussions could be focused on the following questions:
(a) What have been the main
factors for success (best practices)?
(b) What have been the main
obstacles to success?
(c) How have such obstacles
been overcome? |
Rj
file |
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28/01/2004 |
PROVISIONAL AGENDA AND PROPOSED ORGANIZATION OF WORK
: AFRICAN REGIONAL PREPARATORY MEETING FOR THE 11TH UNITED NATIONS
CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE ( |
Cited
above |
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26/01/2004 |
Human rights and indigenous issues : report of the
Special Rapporteur on the Situation of Human Rights and Fundamental
Freedoms of Indigenous People, Rodolfo Stavenhagen |
Discrimination
and the cj system - In this regard, traditional methods of restorative
justice have been identified as a means of responding positively to
offences committed by children, in accordance with human rights
principles. Indigenous
traditions can be a means of dealing with children in conflict with the
law in a constructive manner, without resorting to punitive approaches,
hence favouring their reintegration in the community.
Constructive approaches to dealing with children in conflict with
the law should build on indigenous traditions; they can be educational,
favouring the child’s rehabilitation, as they involve both the child and
the community, and they prove to be less costly and more effective than
keeping a child in detention. There
is increasing interest in |
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21/01/2004 |
PROVISIONAL AGENDA AND PROPOSED ORGANIZATION OF WORK
: LATIN AMERICAN AND CARIBBEAN REGIONAL PREPARATORY MEETING FOR THE
ELEVENTH UNITED NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE
(SAN JOSÉ, 19-21 APRIL 2004) |
Cited
above |
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14/01/2004 |
PROVISIONAL AGENDA AND PROPOSED ORGANIZATION OF WORK
: ASIA AND PACIFIC REGIONAL PREPARATORY MEETING FOR THE 11TH UNITED
NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE : |
Cited
above |
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01/01/2004 |
Security Council, 59th
year : 4903rd meeting, Monday, 26 January 2004, |
As the Secretary-General, Kofi
Annan, stressed last year during the debate on justice and the rule of
law, “there cannot be real peace without justice” (S/PV.4833, p. 3).
At the same time, one has to agree with his statement that “If we always
and everywhere insist on uncompromising standards of justice, a delicate
peace may not survive” (ibid.). The challenge is to facilitate the
reintegration of offenders and at the same time bring a sense of justice
to the victims, breaking the cycle of impunity and defending the rule of
law without provoking a destabilizing backlash, with political stability
remaining precarious. Given this context, the
concept of restorative justice has been gaining legitimacy as a middle
ground between retributive justice and a blanket pardon. Restorative
justice would rely on traditional arbitrators and on a high degree of
public participation, flexible procedures, and social pressure as a means
of enforcement and accountability. Ideally, greater emphasis should be
placed on the acceptance of responsibility and on the making of amends
than on the severity of the punishment meted out.
Restorative justice addresses the need to preserve public order and
to maintain a just peace. It cannot be regarded as a panacea, and it
certainly does not detract from the work of the International Criminal
Court and the fight against impunity, both of which are of the utmost
relevance. It certainly merits the attention of the United Nations and
could be made a part of future peace negotiations.
Restorative justice is a helpful concept, as it focuses on undoing
harm. In this regard, the timing of the reparations made to victims is
crucial. The re-establishment of identities and a commitment to a new
social relationship are also highly important elements. Groups are brought
once again into the framework of political interaction, and the military
is, in most cases, depoliticized. |
Rj
file |
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30/12/2003 |
Report of the United Nations High Commissioner for
Human Rights and follow-up to the World Conference on Human Rights :
addendum |
A.
United Nations Decade for Human Rights Education (1995-2004) 3.
The reports of the High Commissioner to the General Assembly at its
fifty-seventh session (A/57/323) and to the Commission on Human Rights at
its fifty-ninth session (E/CN.4/2003/100) on the Decade contain detailed
information on the contribution made by OHCHR to the objectives of the
Decade. In fact, all
activities undertaken in this context contribute to the promotion of and
respect for the human dignity and human rights of the person, as well as
to the promotion of tolerance and pluralism. 4.
OHCHR has organized the tenth and the eleventh Workshop on Regional
Cooperation for the Promotion and Protection of Human Rights in the
Asian and Pacific Region (Beirut, 4 to 6 March 2002, and
Islamabad, 25 to 27 February 2003), which included a specific component on
human rights education (E/CN.4/2002/113, annex I, and E/CN.4/2003/109) and
the Subregional Workshop for Pacific Island States on Human Rights
Education and the Administration of Justice (Nadi, Fiji, 25 to 27 June
2002). At the latter workshop,
the diverse richness of tradition and culture in the Pacific Island States
and its importance in the effective promotion and protection of human
rights were acknowledged. Participants
also recalled that the Pacific region has developed distinctive and
effective practices for the promotion and protection //www.unhchr.ch/html/menu6/nadi.htm |
Report
in rj file |
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03/12/2003 |
Letter dated 2003/12/01
from the Permanent Representative of |
III.
Action recommended by States 9.
States are called upon to ensure that all members of the judiciary receive
comprehensive and continuing training on international and regional human
rights standards and humanitarian law, including specialized gender and
child rights training as well as training on the use of non-custodial and
restorative justice measures. Judiciary should also be provided with
specialized training to handle complex crimes and with courses on new
technologies available |
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02/12/2003 |
PROVISIONAL AGENDA AND PROPOSED ORGANIZATION OF WORK
: ASIA AND PACIFIC REGIONAL PREPARATORY MEETING FOR THE 11TH UNITED
NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE : |
Cited
above |
|
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|
14/11/2003 |
Crime prevention and
criminal justice : report of the 3rd Committee : General Assembly, 58th
session |
Cited
above |
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24/09/2003 |
Preparations for the 11th
United Nations Congress on Crime Prevention and Criminal Justice : note /
by the Secretariat |
Cited
above |
|
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19/09/2003 |
Review of technical cooperation in the United
Nations : report of the Secretary-General |
United
Nations Children’s Fund
promoting and facilitating a restorative justice approach as an
alternative to deprivation of liberty |
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17/09/2003 |
Consolidated budget for
the biennium 2004-2005 for the United Nations Office on Drugs and Crime :
report of the Executive Director |
Rule
of law The
rule of law sector brings together the work of the Office in
anti-corruption, money-laundering and criminal justice reform. The
programme seeks to improve laws and structures to curb corruption and
money-laundering, and to bring to justice the perpetrators of economic and
violent crimes. United Nations standards and norms, best practices,
toolkits, manuals and legal databases will be utilized to control and
prevent crime in vulnerable developed countries, countries in transition
and developing countries. The
programme will also concentrate on restoring criminal justice systems in
post-conflict countries and on integrated law reform, juvenile justice,
correctional services, restorative justice and victim support schemes.
This will require the rehabilitation of infrastructure and the training of
judiciary officials, prosecutors, police, correctional officers, defence
lawyers and welfare officers. Best practices and effective alternatives
will be promoted in the areas of custodial sentences, efficient management
of limited resources, use of criminal justice statistics and crime
reduction methods. The Office will encourage technical cooperation among
countries. 3.
Programme on criminal justice reform
(a) Objectives The
Office assists countries in building capacities to administer criminal law
and reduce crime, in accordance with international standards and best
practices (see table 32 for the criminal justice reform budget for the
biennium 2004-2005). This includes projects focusing on juvenile justice
reform, prison reform, victim support schemes, combating domestic violence
and increasing urban security. The Office also promotes alternatives to
imprisonment, restorative justice schemes, community policing and
neighbourhood justice models. |
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15/09/2003 |
PREPARATIONS FOR THE 11TH
UNITED NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE :
RESOLUTION / ADOPTED BY THE GENERAL ASSEMBLY |
Cited
above |
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15/09/2003 |
Resolutions and decisions adopted by the Economic
and Social Council at its substantive session of 2003 (30 June-25 July
2003) |
Cited
above |
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02/09/2003 |
Implementation of the United Nations Millennium
Declaration : report of the Secretary-General |
When
political breakthroughs occur, there is a need to act swiftly and surely
to shore up nascent peace processes in the fragile transition from
conflict. Collective action during such transition periods must be based
on a clear adherence to the principles of restorative justice and civilian
protection. In many cases, the United Nations assists in post-conflict
peace-building in the absence of any military deployment. Through a range
of efforts, often in partnership with other organizations, the United
Nations provides good offices to keep peace processes on track, monitor
elections, assist in the repatriation and reintegration of refugees and
aid in the rehabilitation of war-torn economies. The main challenge always
remains the establishment of new and durable state structures and the
provision of external assistance in a way that allows local societies to
move most rapidly and effectively towards a sustainable peace. |
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11/08/2003 |
Strengthening the United Nations Crime Prevention
and Criminal Justice Programme, in particular its technical cooperation
capacity : report of the Secretary-General |
Implementation
of the United Nations standards and norms in crime prevention and criminal
justice - Acting on the recommendations of the Committee for Programme
Coordination for a more balanced approach,[iii]
the United Nations Crime Prevention and Criminal Justice Programme
continued its efforts to promote the role of the United Nations standards
and norms in crime prevention and criminal justice in the context of
justice reform. The United Nations Office on Drugs and Crime took part in
several events relating to the application of United Nations standards and
norms in crime prevention and criminal justice, including organizing and
conducting two training courses on the United Nations crime prevention and
criminal justice standards and norms in law enforcement, in cooperation
with the International Committee of the Red Cross. These were held in Pursuant
to section I of Economic and Social Council resolution 2002/15 of 24 July
2002, the Meeting of Experts on the Application of United Nations
Standards and Norms in Crime Prevention and Criminal Justice was held in |
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25/07/2003 |
Recommendation for approval of additional regular
resources for approved country programmes |
9.
The increased planning level for 2004 provides the |
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16/06/2003 |
Housing and property restitution in the context of
the return of refugees and internally displaced persons : preliminary
report of the Special Rapporteur, Paulo Sergio Pinheiro, submitted in
accordance with Sub-Commission resolution 2002/7 |
8.
Restitution is a particular form of reparation.
The term “restitution” refers to an equitable remedy, or a form
of restorative justice, by which persons who suffer loss or injury are
returned as far as possible to their original pre-loss or pre-injury
position (i.e. status quo ante). Restitution
includes: restoration of
liberty, legal rights, social status, family life and citizenship; return
to one’s place of residence; and restoration of employment and return of
property (ibid.). 10.
Compensation is a specific form of reparation.
The term “compensation” refers to a legal remedy by which a
person receives monetary payment for harm suffered.
When appropriate, compensation may be given in lieu of restitution,
for example, when it is either in fact impossible or impracticable to
restore the person’s property or house.
Monetary compensation should, however, be seen as a last resort,
and when used as a measure of restorative justice must be adequate, fair
and just. |
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10/06/2003 |
Report of the Secretary-General on the situation
in |
41.
The improvement and strengthening of a formal and non-formal
juvenile justice system, in conformity with international standards for
child protection, has been identified as a priority by the local
authorities working towards legal reform and juvenile justice in “ |
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06/06/2003 |
LAWS AND REGULATIONS PROMULGATED TO GIVE EFFECT TO
THE PROVISIONS OF THE INTERNATIONAL TREATIES ON NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES : |
Article
V If the legislative proposal
submitted by Royal Message on 27 July 1998 to amend the Penal Code and the
Code of Criminal Procedure and any other Acts with respect to the
community service order (Parliamentary Documents II 1997/8, 26 114, no 2)
becomes law, this Act shall be amended as follows: The
phrase “community service” in Article I, Article 38m first paragraph
under 2° shall be replaced by: restorative justice. |
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05/06/2003 |
COMMISSION ON CRIME PREVENTION AND CRIMINAL
JUSTICE : REPORT ON THE TWELFTH SESSION (13-22 MAY 2003) |
Cited
above and Commenting
on the viability and significance of the standards and norms, it was noted
that the Commission and the United Nations congresses had developed the
instruments, ranging from the Standard Minimum Rules for the Treatment of
Prisoners (Economic and Social Council resolution 663 (XXIV), annex),
adopted over 50 years ago, to the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power (General Assembly
resolution 40/34, annex), Basic Principles on the Independence of the
Judiciary,[2]
the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules) (Assembly resolution 40/33, annex),
the United Nations Guidelines for the Prevention of Juvenile Delinquency
(The Riyadh Guidelines) (Assembly resolution 45/112, annex), the
United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (Assembly resolution 45/113, annex), the Guidelines on the Role of
Prosecutors,[3]
the Basic Principles on the Role of Lawyers,[4]
the safeguards guaranteeing protection of the rights of those facing the
death penalty (Council resolution 1984/50, annex), the basic principles on
the use of restorative justice programmes in criminal matters (Council
resolution 2002/12, annex) and the Guidelines for the Prevention of Crime
(Council resolution 2002/13, annex). That body of principles influenced
government practices and contributed to the development of more workable
crime prevention and criminal justice policies. The role of the United
Nations in that field was considered indispensable, as it was the only
universal organization that could provide a global perspective, also
mobilizing the support of intergovernmental and non-governmental
organizations. Some speakers stressed the need to use the principles as a
tool to develop an effective crime prevention and criminal justice policy
to respond to the increasingly transnational nature of crime, which had
negative consequences for the political, social and economic stability of
countries. Therefore, such standards and norms should be considered the
foundation for the reform of criminal justice systems, in particular in
developing viable approaches to alternatives to imprisonment, the
prevention of juvenile delinquency, the protection of victims, the
training of law enforcement officials, the judiciary and correctional
personnel and the prevention of violence against women and their treatment
by the criminal justice system. The workshops were considered the main resource in
terms of exchange of information and identification of new trends and best
practices. Adequate time should be allocated to the workshops to allow for
practical presentations and a focused and dynamic discussion and exchange
of information on precise and well-delineated issues. The institutes of
the United Nations Crime Prevention and Criminal Justice Programme network
should be fully involved in the organization of the workshops, as they had
the capability and the knowledge required for those events. In particular,
the Commission was informed that the International Centre for Criminal Law
Reform and Criminal Justice Policy would be ready to play a role in
relation to the workshop dealing with restorative justice and that the
International Centre for the Prevention of Crime would play a similar role
in relation to the workshop on crime prevention. The involvement of the
Australian Institute of Criminology in the organization of the workshops
was also anticipated. Satisfaction
was expressed with the fact that the Congress would continue its past
practice of holding ancillary meetings of non-governmental and
professional organizations. The representative of the International
Scientific and Professional Advisory Council stated in that regard that
the Council would be prepared to assist the Secretariat with the
coordination and organization of such meetings, given the Council’s past
involvement in that regard. He recalled the experience of the Tenth
Congress, where 35 ancillary meetings were held, providing an opportunity
for sharing of experience and information on various matters of crime
prevention and criminal justice. Similarly, the representative of the
American Society of Criminology expressed support for the Congress and
readiness to contribute substantively to the events, through its scholars
interested in international and transnational criminal justice issues,
recognizing the professional obligation to participate fully and
responsibly in relevant world criminal justice forums. The representative
of the Asia Crime Prevention Foundation suggested that a “partnership
fair” could be held, where the private sector could pursue common
interests and plan joint ventures, stressing the importance of the
preparatory steps leading to the Congress, with the criminal justice
community. The representative of the |
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|
03/06/2003 |
Strengthening of the coordination of emergency
humanitarian assistance of the United Nations : report of the
Secretary-General |
Protection
of civilians 7.
The protection of civilians in armed conflict continues to be a
priority issue across the United Nations system. To a large extent,
humanitarian crises are in fact crises of protection. Effective
implementation of the principles of protection and international human
rights and humanitarian standards requires strengthened coordination on a
wide range of issues, including the proliferation of small arms and
landmines, disarmament, demobilization and reintegration of combatants,
security, law and order, sexual exploitation of women and children in
conflict, the rights and special needs of refugees and internally
displaced persons and the restorative justice issues of impunity and
property rights. 38.
Much of this recovery assistance is specific to post-conflict
transition and needs to be carried out in a timely fashion. If the
situation is not addressed promptly, the consolidation of peace can be
undermined, as exemplified by the failure of previous demobilization
efforts in |
|
|
|
29/05/2003 |
Preparations for the 11th United Nations Congress
on Crime Prevention and Criminal Justice : report of the Secretary-General |
20.
22.
Colombia recommended the following topics for consideration by the
workshops, in order of priority: (a) measures to combat economic crime:
the role of the private sector; (b) combating corruption; (c) restorative
justice: community involvement, diversion and other alternative measures;
(d) crime prevention strategies for youth at risk; (e) links between
transnational organized crime and terrorism; (f) measures to combat
high-technology and computer-related crime; (g) human rights in
criminal justice; (h) measures to combat money-laundering; (i) cross-border
law enforcement cooperation; and (j) current practices in and ways of
overcoming obstacles to extradition. 24.
Ecuador was of the opinion that the workshop topics should be
discussed in the following order: (a) human rights in criminal justice;
(b) links between transnational organized crime and terrorism; (c)
combating corruption; (d) crime prevention strategies for youth at risk;
(e) current practices in and ways of overcoming obstacles to extradition;
(f) measures to combat economic crime: the role of the private sector; and
(g) restorative justice: community involvement, diversion and other
alternative measures. 46.
The World Muslim Congress supported full cooperation with the
United Nations Office on Drugs and Crime in the preparations for the
Eleventh Congress. It placed particular emphasis on restorative justice,
as it had already included research on the evolution of restorative
justice in its programme of work. 55.
The workshops were considered the main resource in terms of
exchange of information and identification of new trends and best
practices. Adequate time should be allocated to the workshops to allow for
practical presentations and a focused and dynamic discussion and exchange
of information on precise and well delineated issues. The institutes of
the United Nations Crime Prevention and Criminal Justice Programme network
should be fully involved in the organization of the workshops, as they had
the capability and the knowledge required for those events. In particular,
the Commission was informed that the International Centre for Criminal Law
Reform and Criminal Justice Policy would be ready to play a role in
relation to the workshop dealing with restorative justice and that the
International Centre for the Prevention of Crime would play a similar role
in relation to the workshop on crime prevention. The involvement and
support of the Australian Institute of Criminology was also pledged in the
organization of the workshops. |
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21/05/2003 |
United Nations standards and norms in crime
prevention and criminal justice : revised draft resolution / Argentina,
Austria, Canada, Costa Rica, Finland, Germany, Greece, Portugal, Slovakia
and Uganda |
41.
At the request of Member States, practical projects should be
developed, in particular for victims’ support services and witness
protection, prison reform and alternatives to imprisonment, juvenile
justice and restorative justice. |
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21/05/2003 |
Draft report : Commission on Crime Prevention and
Criminal Justice, 12th session, |
Cited
above |
|
|
|
21/05/2003 |
Draft report : Commission on Crime Prevention and
Criminal Justice, 12th session, |
Cited
above |
|
|
|
16/05/2003 |
Preparations for the 11th United Nations Congress
on Crime Prevention and Criminal Justice : revised draft resolution / |
Cited
above |
|
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16/05/2003 |
|
Cited
above |
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16/05/2003 |
Consideration of reports submitted by States
parties under article 40 of the Covenant : International Covenant on Civil
and Political Rights : 4th periodic report : |
The
work of the Holsters Commission, established to study the courts for the
enforcement of sentences, the external legal status of detainees and
sentencing, which is examining the external legal status of detainees and
the setting and application of sentences from the standpoint of
restorative justice designed to re-establish the relationship between the
offender, the victim and society; 2.1.2
Appointment of consultants to prison establishments to help the
authorities develop a
The Ministry of Justice is anxious to move away from a model of
justice that is basically punitive and where the State represents the
interests of both parties, towards a model in which the parties concerned
in an offence can exchange views on how best to redress the wrong caused;
in October 2000, therefore, it appointed restorative justice consultants
to every prison establishment in the country.
Their mission is essentially a structural one, and consists in
helping local prison authorities to gear detention towards restoration.
The concept of restoration has various aspects.
It refers not only to symbolic and material reparation to the
victim but also to the restoration of social ties and the limitation of
the damage caused by incarceration. The
restorative justice consultants are expected to encourage prison
establishments to build a structure that will make it possible to achieve
these objectives.
This involves, among other things:
(a) Reworking the prison
structure in order to limit the damage caused by imprisonment, with a view
to facilitating prisoners reintegration - an essential component of the
model; and to accord greater importance to reparation to the victim by,
for example, improving the attention and information given to prisoners
and the reception given to victims at parole board hearings;
(b) Giving prisoners an
opportunity to take the initiative in making reparation
(c) Making efforts to reduce
the risk of secondary victimization by paying close attention to
victims’ rights, needs and expectations with regard to the execution of
their sentences;
(d) Offering victims and
imprisoned offenders the opportunity to make contact, directly and/or
indirectly, in order to discuss the offence and its aftermath, by
providing facilities for mediation between perpetrators and victims. |
|
|
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14/05/2003 |
Promoting and strengthening assistance to victims
of trafficking, especially women and children : draft resolution / |
Recalling
the
Vienna Declaration on Crime and Justice: Meeting the Challenges of the
Twenty-first Century,[5]
and especially paragraphs 25 and 27 thereof, which refer to support of
victims of crime, including mechanisms for mediation and restorative
justice, upholding victims’ rights, witness protection and establishment
of funds for victims, and the plans of action for implementation of the
Vienna Declaration,[6] |
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14/04/2003 |
QUADRENNIAL REPORTS, 1997-2000, SUBMITTED THROUGH
THE SECRETARY-GENERAL PURSUANT TO ECONOMIC AND SOCIAL COUNCIL RESOLUTION
1996/31 : NOTE : ADDENDUM / BY THE SECRETARY-GENERAL |
International
Society of Social Defence
(Special consultative status granted in 1953)
Activities over the years 1997-2000The year 2000 was marked by the
tenth United Nations Congress on the Prevention of Crime and the Treatment
of Offenders ( |
|
|
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10/04/2003 |
Preparations for the 11th United Nations Congress
on Crime Prevention and Criminal Justice : report of the Secretary-General
: addendum |
Madagascar
also supported, in order of importance, the following issues included in
General Assembly resolution 57/171 for consideration by workshops, namely
(a) cross-border law enforcement cooperation; (b) human rights in criminal
justice; (c) restorative justice: community involvement, diversion and
other alternative measures; and (d) crime prevention strategies for youth
at risk. |
|
|
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24/03/2003 |
Work of the Centre for International Crime
Prevention : report of the Executive Director |
Implementation of the Vienna Declaration on Crime and Justice: Meeting
the Challenges of the Twenty-first Century
In its resolution 56/261, the General Assembly took note with
appreciation of the plan of action for the implementation of the Vienna
Declaration on Crime and Justice: Meeting the Challenges of the
Twenty-first Century, annexed to the resolution, and invited Governments
to use the plans of action as appropriate. By a note verbale dated 26
September 2002, the Secretariat sought information from Member States on
steps being taken to implement the plans of action. As at 28 February
2003, responses had been received from During
the eleventh session of the Commission on Crime Prevention and Criminal
Justice, in 2002, a workshop on criminal justice reform: lessons learned,
community involvement and restorative justice was organized by the
institutes of the United Nations Crime Prevention and Criminal Justice
Programme network, coordinated by the United Nations Interregional Crime
and Justice Research Institute. |
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17/03/2003 |
Committee
on the rights of the child |
The protection against retrospective criminal laws is found in article
11 of the Constitution and applies to all accused persons regardless of
age. The Penal Code, Evidence
Act and Children and Young Persons Act (C&YP Act) contain provisions
relating to criminal laws and procedure applicable to trials of children
and young persons. The entire
thrust of the C&YP Act is to set in place a separate system for the
juvenile offender and to shield the juvenile from the harsher regime for
older offenders who are prosecuted in our courts.
The juvenile justice system places emphasis on restorative justice,
rehabilitation and reintegration of the child into the family and society.
Treatment focuses on the best interest of the child and
institutionalization is considered as a last resort.
Juveniles below 16 years of age are not committed to prisons for
adults but institutions specially set up for the reception and treatment
of juvenile offenders. Such
institutions come under the purview of the Ministry of Community
Development and Sports. Only
under special circumstances are juveniles aged 14 years and above
committed to institutions administered by the Prisons Department.
This applies to situations when the offence is of a very serious
nature and the behaviour or character of the juvenile is so depraved that
the juvenile is deemed unsuitable for treatment in a juvenile institution,
i.e. where the juvenile would pose a danger to other juveniles or be
disruptive to the rehabilitation of other juveniles. |
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12/03/2003 |
STANDARDS AND NORMS IN CRIME PREVENTION AND
CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL |
The
present report has been prepared in response to the following Economic and
Social Council resolutions, each of which was adopted on 24 July 2002:
resolution 2002/12, entitled “Basic principles on the use of restorative
justice programmes in criminal matters”; resolution 2002/13, entitled
“Action to promote effective crime prevention”; resolution 2002/14,
entitled “Promoting effective measures to deal with the issues of
missing children and sexual abuse or exploitation of children”; and
resolution 2002/15, entitled “United Nations standards and norms in
crime prevention and criminal justice”. The
Restorative
justice Two
countries ( The
Council of Europe drew attention to Recommendation No. R (99) 19,
concerning mediation in criminal matters, adopted by the Committee of
Ministers on 15 September 1999. |
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11/03/2003 |
RESOLUTIONS AND DECISIONS ADOPTED BY THE GENERAL
ASSEMBLY DURING ITS 57TH SESSION. VOLUME 1, RESOLUTIONS, 10 SEPTEMBER-20
DECEMBER 2002 |
Unavailable
in Document file |
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10/03/2003 |
STANDARDS AND NORMS IN CRIME PREVENTION AND
CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL : ADDENDUM |
Otto
Bönke, “Criminal policy in the process of reform: review of juvenile
and restorative justice as examples of the applications of United Nations
and European standards and norms in The
Meeting was informed that the Secretariat was already cooperating with the
European Institute for Crime Prevention and Control, affiliated with the
United Nations, in the drafting of a new survey instrument, to be
considered by the Commission, for gathering information on one priority
item: juvenile justice and prison reform, including alternatives to
imprisonment and restorative justice. |
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06/03/2003 |
Activities of the institutes comprising the United
Nations Crime Prevention and Criminal Justice Programme network : report
of the Secretary-General |
Joint
work by the United Nations Office for Drugs and Crime (formerly called the
Office for Drug Control and Crime Prevention) and the United Nations Crime
Prevention and Criminal Justice Programme network, within the framework of
existing mandates, is important in the pursuit of the global agenda in
crime prevention and criminal justice. Two examples of successful
cooperation between the Centre for International Crime Prevention of the
United Nations Office for Drugs and Crime and the institutes were the
workshops organized at the tenth and eleventh sessions of the Commission
on Crime Prevention and Criminal Justice, “World prison populations:
facts, trends and solutions”, on 10 May 2001, and “Community
involvement and restorative justice”, on 17 April 2002. The Director of
the Centre attended the coordination meetings of the network in (b)
Criminal justice policy development: restorative justice
(i) ICCLR, with
partners including the Government of Canada and the Centre for
International Crime Prevention, is actively supporting efforts to respond
to Economic and Social Council resolution 2000/14 of 27 July 2000 on
basic principles on the use of restorative justice programmes in criminal
matters. ICCLR participated in the discussion, which resulted in the
revised preliminary draft elements of a declaration of basic principles on
the use of restorative justice programmes in criminal matters. The draft
principles were presented to the Commission on Crime Prevention and
Criminal Justice at its eleventh session, in 2002; (ii)
In Canada, ICCLR collaborated with the Canadian Criminal Justice
Association, the Centre for Restorative Justice at Simon Fraser University
and others to organize a national restorative justice working conference,
held in Hull, Quebec, in October 2002;
(e) During the reporting
period, AIC established a learning and knowledge development group, which
organized two training courses on identity fraud and money-laundering.
Courses on crime prevention and restorative justice are planned for 2003; |
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04/03/2003 |
PROVISIONAL AGENDA, ANNOTATIONS AND PROPOSED
ORGANIZATION OF WORK |
Cited
above |
|
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04/03/2003 |
PREPARATIONS FOR THE 11TH UNITED NATIONS CONGRESS
ON CRIME PREVENTION AND CRIMINAL JUSTICE : REPORT OF THE SECRETARY-GENERAL |
Cited
above |
|
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27/02/2003 |
Report of the Special Rapporteur on Violence
against Women, Its Causes and Consequences, Radhika Coomaraswamy,
submitted in accordance with Commission on Human Rights resolution 2002/52
: addendum 1 |
There
is growing recognition of the central importance of combating impunity in
order to achieve a sustainable peace in |
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21/01/2003 |
Preparations for the 11th United Nations Congress
on Crime Prevention and Criminal Justice : resolution / adopted by the
General Assembly |
Cited
above |
|
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01/01/2003 |
Medium-term plan for the period 2002-2005 as
revised by the General Assembly at its 57th session |
Promoting
the rule of law, fair and efficient criminal justice systems, effective
crime prevention, prison reform and the independence of judicial and
prosecutorial authorities, as well as juvenile justice systems and
restorative justice approaches, in particular to assist Governments in
protecting vulnerable adolescent groups from being recruited by organized
criminals; 1999/26
Development and implementation of mediation and restorative justice
measures in criminal justice 2000/14
Basic principles on the use of restorative justice programmes in criminal
matters |
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01/01/2003 |
Report of the Economic and Social Council for 2002 |
Basic
principles on the use of restorative justice programmes in criminal
matters 189.
At its 37th meeting, on 24 July, the Council adopted draft
resolution I recommended by the Commission,39 entitled “Basic principles
on the use of restorative justice programmes in criminal matters”. See
Council resolution 2002/12. |
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01/01/2003 |
Security Council, 58th year : 4877th meeting,
Tuesday, 9 December 2003, |
Mr.
Lucas (Angola) The safety and security of humanitarian-associated
personnel; how to deal with the effects of conflict on women and children;
the provision of security, law and order in post-conflict situations; the
disarmament, demobilization, reintegration and rehabilitation of former
combatants, especially children; mine action as a means to reinforce
confidence and to allow civilians to rebuild their shattered lives;
justice and reconciliation, seen in the perspective of criminal and
restorative justice and healing the wounds of the past; the training of
security and peacekeeping forces in the highest standards of respect for
human rights; and the issue of natural resources, armed conflict and
measures to break the fatal link between them are critical issues
enunciated in the aide-memoire and the road map. They constitute a
fundamental checklist that States, the United Nations system and the rest
of the international community should apply in dealing with the sensitive
issue of the protection of civilians in armed conflict. |
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11/12/2002 |
Report on the 31st session, |
The
Committee welcomes the State party’s initiatives to introduce
restorative justice and other constructive community-based disposals for
juvenile offenders, the almost complete inclusion of 17-year-olds in the
juvenile justice system and the creation of multidisciplinary teams to
respond to child offenders’ behaviour, but notes with serious concern
that the situation of children in conflict with the law has worsened since
the consideration of the initial report.
The Committee is particularly concerned that the age at which
children enter the criminal justice system is low with the age of criminal
responsibility still set at 8 years in |
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26/11/2002 |
Report of the Secretary-General to the Security
Council on the protection of civilians in armed conflict |
It
is important to draw a distinction between punitive and restorative
justice. The work of the various international tribunals, as well as
national courts, falls into the former category. Restorative justice,
which can be seen as including the return of refugees and displaced
persons to their former places of residence in safety and dignity, coupled
with the full restoration of national protection, is equally important to
the transition to peace and recovery. The right to return, applicable to
all citizens and former habitual residents, as well as the restitution of
property, housing and land, are of key importance. Indeed, the resolution
of property and housing issues before and subsequent to return is often
vital to political stability, economic security, the protection of human
rights and the establishment and strengthening of the rule of law. |
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15/11/2002 |
Summary record of the 30th meeting, held at the
Palais Wilson, |
Ms.
SENČÁKOVÁ ( |
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21/10/2002 |
Crime prevention and criminal justice : report of
the 3rd Committee : General Assembly, 57th session |
Cited
above |
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09/10/2002 |
Consideration of reports submitted by States
parties under article 44 of the Convention : Convention on the Rights of
the Child : concluding observations : United Kingdom of Great Britain and
Northern Ireland |
Cited
above |
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01/10/2002 |
Report of the Economic and Social Council for 2002 |
Basic
principles on the use of restorative justice programmes in criminal
matters 160.
At its 37th meeting, on 24 July, the Council adopted draft
resolution I recommended by the Commission,38 entitled “Basic principles
on the use of restorative justice programmes in criminal matters”. See
Council resolution 2002/12. |
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24/09/2002 |
Preparations for the 11th United Nations Congress
on Crime Prevention and Criminal Justice : note / by the Secretariat |
Cited
above |
|
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10/09/2002 |
Report of the United Nations High Commissioner for
Human Rights |
Cited
above |
|
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30/08/2002 |
United Nations African Institute for the
Prevention of Crime and the Treatment of Offenders : report of the
Secretary-General |
25.
The representative of the Institute attended the eleventh session
of the Commission on Crime Prevention and Criminal Justice and
participated in the workshop organized by the United Nations Crime
Prevention and Criminal Justice Programme Network during the session on
the theme “Criminal justice reform, lesson learned, community
involvement and restorative justice”. The representative presented a
paper entitled “The Involvement of Local Communities in Crime
Prevention: the Case of African Countries”. |
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20/08/2002 |
Summary record of the 1539th meeting, held at the
Palais des Nations, |
Mr.
PAKI ( In
the area of criminal justice, increasing interest had been shown in the
concept of restorative justice, whereby persons involved in or connected
with an offence decided how to deal with its aftermath and the
implications for the future. The
On
socio-economic disparities, he said the delegation had showed cautious
optimism, highlighting the importance of partnership between the Maori and
the Government. He had
welcomed the sensitive response to the Tokelau case and had taken note of
the comments on Niue and the |
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15/08/2002 |
Report of the sessional Working Group on the
Administration of Justice |
TRANSITIONAL
JUSTICE: MECHANISMS OF TRUTH
AND RECONCILIATION 40.
Ms. Motoc reported that, recently, as a follow-up to international
conflicts, several mechanisms of transitional justice had been
established, including 9 truth and reconciliation commissions and 24
national commissions. Additionally,
22 States had decided to have their domestic jurisdictions address those
issues. Another example of
transitional justice mechanisms could be found in countries that had
emerged from totalitarian regimes, such as those of 41.
The work of all the truth and reconciliation commissions had
certain characteristics in common. Commissions
must consider the past and incidents that had occurred during a specific
time period. They must
publicize the collected information. Commissions
had flexible procedures but sometimes lacked the ability to provide
protection for witnesses. Their
success often depended upon the political will of national authorities.
Some commissions offered an assurance of amnesty, others did not.
Results achieved by the commissions differed from country to
country. It was
sometimes believed that a single mechanism was not enough and, for some
countries, a concurrent truth commission or international court was
established. National
commissions and courts might also provide justice.
42.
In the 1990s, experts studied the problem of impunity in 43.
In answer to a question from Ms. Rakotoarisoa, Ms. Motoc explained
that the truth and reconciliation commissions were national, consisted of
national and international experts and personalities, and had a seat in a
given country. One model of
restorative justice was often not enough in any given situation and there
had been recommendations that, in addition to national commissions, an
international tribunal would be established with the same purpose but with
other methods of achieving justice. |
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13/08/2002 |
Resolutions and decisions adopted by the Economic
and Social Council at its substantive session of 2002 (1-26 July 2002) |
2002/12 The
Economic and Social Council,
Recalling its resolution 1999/26 of 28 July 1999, entitled
“Development and implementation of mediation and restorative justice
measures in criminal justice”, in which the Council requested the
Commission on Crime Prevention and Criminal Justice to consider the
desirability of formulating United Nations standards in the field of
mediation and restorative justice,
Recalling also its resolution 2000/14 of 27 July 2000, entitled
“Basic principles on the use of restorative justice programmes in
criminal matters”, in which it requested the Secretary-General to seek
comments from Member States and relevant intergovernmental and
non-governmental organizations, as well as institutes of the United
Nations Crime Prevention and Criminal Justice Programme network, on the
desirability and the means of establishing common principles on the use of
restorative justice programmes in criminal matters, including the
advisability of developing a new instrument for that purpose,
Taking into account the existing international commitments with
respect to victims, in particular the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power,[7]
Noting the discussions on restorative justice during the Tenth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, under the agenda item entitled “Offenders and victims:
accountability and fairness in the justice process”,[8]
Taking note of General Assembly resolution 56/261 of 31 January
2002, entitled “Plans of action for the implementation of the Vienna
Declaration on Crime and Justice: Meeting the Challenges of the
Twenty-first Century”, in particular the action on restorative justice
in order to follow up the commitments undertaken in paragraph 28 of the
Vienna Declaration,[9]
Noting with appreciation the work of the Group of Experts on
Restorative Justice at their meeting held in
Taking note of the report of the Secretary-General on restorative
justice[10]
and the report of the Group of Experts on Restorative Justice,[11]
1.
Takes note of the basic principles on the use of restorative
justice programmes in criminal matters annexed to the present resolution;
2.
Encourages Member States to draw on the basic principles on the use
of restorative justice programmes in criminal matters in the development
and operation of restorative justice programmes;
3.
Requests the Secretary-General to ensure the widest possible
dissemination of the basic principles on the use of restorative justice
programmes in criminal matters among Member States, the institutes of the
United Nations Crime Prevention and Criminal Justice Programme network and
other international, regional and non-governmental organizations;
4.
Calls upon Member States that have adopted restorative justice
practices to make information about those practices available to other
States upon request;
5.
Also calls upon
6.
Further calls upon Member States to consider, through voluntary
contributions, the provision of technical assistance to developing
countries and countries
with economies in transition, on request, to assist them in the
development of restorative justice programmes. 37th
plenary meeting
Annex
Basic principles on the use of restorative justice programmes in
Preamble
Recalling that there has been, worldwide, a significant growth of
restorative justice initiatives,
Recognizing that those initiatives often draw upon traditional and
indigenous forms of justice which view crime as fundamentally harmful to
people,
Emphasizing that restorative justice is an evolving response to
crime that respects the dignity and equality of each person, builds
understanding, and promotes social harmony through the healing of victims,
offenders and communities,
Stressing that this approach enables those affected by crime to
share openly their feelings and experiences, and aims at addressing their
needs,
Aware that this approach provides an opportunity for victims to
obtain reparation, feel safer and seek closure; allows offenders to gain
insight into the causes and effects of their behaviour and to take
responsibility in a meaningful way; and enables communities to understand
the underlying causes of crime, to promote community well-being and to
prevent crime,
Noting that restorative justice gives rise to a range of measures
that are flexible in their adaptation to established criminal justice
systems and that complement those systems, taking into account legal,
social and cultural circumstances,
Recognizing that the use of restorative justice does not prejudice
the right of States to prosecute alleged offenders,
I.
Use of terms 1.
“Restorative justice programme” means any programme that uses
restorative processes and seeks to achieve restorative outcomes. 2.
“Restorative process” means any process in which the victim and
the offender, and, where appropriate, any other individuals or community
members affected by a crime, participate together actively in the
resolution of matters arising from the crime, generally with the help of a
facilitator. Restorative processes may include mediation, conciliation,
conferencing and sentencing circles. 3.
“Restorative outcome” means an agreement reached as a result of
a restorative process. Restorative outcomes include responses and
programmes such as reparation, restitution and community service, aimed at
meeting the individual and collective needs and responsibilities of the
parties and achieving the reintegration of the victim and the offender. 4.
“Parties” means the victim, the offender and any other
individuals or community members affected by a crime who may be involved
in a restorative process. 5.
“Facilitator” means a person whose role is to facilitate, in a
fair and impartial manner, the participation of the parties in a
restorative process.
II.
Use of restorative justice programmes 6.
Restorative justice programmes may be used at any stage of the
criminal justice system, subject to national law. 7.
Restorative processes should be used only where there is sufficient
evidence to charge the offender and with the free and voluntary consent of
the victim and the offender. The victim and the offender should be able to
withdraw such consent at any time during the process. Agreements should be
arrived at voluntarily and should contain only reasonable and
proportionate obligations. 8.
The victim and the offender should normally agree on the basic
facts of a case as the basis for their participation in a restorative
process. Participation of the offender shall not be used as evidence of
admission of guilt in subsequent legal proceedings. 9.
Disparities leading to power imbalances, as well as cultural
differences among the parties, should be taken into consideration in
referring a case to, and in conducting, a restorative process. 10.
The safety of the parties shall be considered in referring any case
to, and in conducting, a restorative process. 11.
Where restorative processes are not suitable or possible, the case
should be referred to the criminal justice authorities and a decision
should be taken as to how to proceed without delay. In such cases,
criminal justice officials should endeavour to encourage the offender to
take responsibility vis-à-vis the victim and affected communities, and
support the reintegration of the victim and the offender into the
community.
III.
Operation of restorative justice programmes 12.
Member States should consider establishing guidelines and
standards, with legislative authority when necessary, that govern the use
of restorative justice programmes. Such guidelines and standards should
respect the basic principles set forth in the present instrument and
should address, inter alia:
(a) The conditions for the
referral of cases to restorative justice programmes;
(b) The handling of cases
following a restorative process;
(c) The qualifications,
training and assessment of facilitators;
(d) The administration of
restorative justice programmes;
(e) Standards of competence
and rules of conduct governing the operation of restorative justice
programmes. 13.
Fundamental procedural safeguards guaranteeing fairness to the
offender and the victim should be applied to restorative justice
programmes and in particular to restorative processes:
(a) Subject to national law,
the victim and the offender should have the right to consult with legal
counsel concerning the restorative process and, where necessary, to
translation and/or interpretation. Minors should, in addition, have the
right to the assistance of a parent or guardian;
(b) Before agreeing to
participate in restorative processes, the parties should be fully informed
of their rights, the nature of the process and the possible consequences
of their decision;
(c) Neither the victim nor
the offender should be coerced, or induced by unfair means, to participate
in restorative processes or to accept restorative outcomes. 14.
Discussions in restorative processes that are not conducted in
public should be confidential, and should not be disclosed subsequently,
except with the agreement of the parties or as required by national law. 15.
The results of agreements arising out of restorative justice
programmes should, where appropriate, be judicially supervised or
incorporated into judicial decisions or judgements. Where that occurs, the
outcome should have the same status as any other judicial decision or
judgement and should preclude prosecution in respect of the same facts. 16.
Where no agreement is reached among the parties, the case should be
referred back to the established criminal justice process and a decision
as to how to proceed should be taken without delay. Failure to reach an
agreement alone shall not be used in subsequent criminal justice
proceedings. 17.
Failure to implement an agreement made in the course of a
restorative process should be referred back to the restorative programme
or, where required by national law, to the established criminal justice
process and a decision as to how to proceed should be taken without delay.
Failure to implement an agreement, other than a judicial decision or
judgement, should not be used as justification for a more severe sentence
in subsequent criminal justice proceedings. 18.
Facilitators should perform their duties in an impartial manner,
with due respect to the dignity of the parties. In that capacity,
facilitators should ensure that the parties act with respect towards each
other and enable the parties to find a relevant solution among themselves. 19.
Facilitators shall possess a good understanding of local cultures
and communities and, where appropriate, receive initial training before
taking up facilitation duties.
IV.
Continuing development of restorative justice programmes 20.
Member States should consider the formulation of national
strategies and policies aimed at the development of restorative justice
and at the promotion of a culture favourable to the use of restorative
justice among law enforcement, judicial and social authorities, as well as
local communities. 21.
There should be regular consultation between criminal justice
authorities and administrators of restorative justice programmes to
develop a common understanding and enhance the effectiveness of
restorative processes and outcomes, to increase the extent to which
restorative programmes are used, and to explore ways in which restorative
approaches might be incorporated into criminal justice practices. 22.
Member States, in cooperation with civil society where appropriate,
should promote research on and evaluation of restorative justice
programmes to assess the extent to which they result in restorative
outcomes, serve as a complement or alternative to the criminal justice
process and provide positive outcomes for all parties. Restorative justice
processes may need to undergo change in concrete form over time. Member
States should therefore encourage regular evaluation and modification of
such programmes. The results of research and evaluation should guide
further policy and programme development.
V.
Saving clause 23.
Nothing in these basic principles shall affect any rights of an
offender or a victim which are established in national law or applicable
international law. |
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24/07/2002 |
PROVISIONAL SUMMARY RECORD OF THE 37TH MEETING,
HELD AT HEADQUARTERS, |
The
President invited the Council to take action on draft resolution I,
entitled “Basic principles on the use of restorative justice programmes
in criminal matters”, draft resolution II, entitled “Action to promote
effective crime prevention”, draft resolution III, entitled “Promoting
effective measures to deal with the issues of missing children and sexual
abuse or exploitation of children”, draft resolution IV, entitled
“United Nations standards and norms in crime prevention and criminal
justice”, draft resolution V, entitled “International cooperation in
the prevention, combating and elimination of kidnapping and in providing
assistance for the victims”, draft resolution VI, entitled
“International cooperation, technical assistance and advisory services
in crime prevention and criminal justice”, draft resolution VII,
entitled “Illicit trafficking in protected species of wild flora and
fauna” and draft resolution VIII, entitled “Strengthening
international cooperation and technical assistance within the framework of
the activities of the Centre for International Crime Prevention in
preventing and combating terrorism”, contained in section B, which had
been recommended for adoption by the Council. |
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17/07/2002 |
Recommendation for funding for short-duration
country programmes : |
38.
Child protection. UNICEF will promote the development of policy as
well as the standards and legal and regulatory frameworks needed to ensure
the right of children to be protected from neglect, abuse and
exploitation. Public awareness campaigns will help to build understanding
of the rights of children and promote positive attitudes towards them.
Children from especially high-risk groups (those in state care, street
children, victims of abuse and disabled children) will be the focus of
UNICEF-supported efforts to develop alternative non-institutional forms of
care and services to meet their needs. UNICEF will assist efforts to put
in place a system to address the issue of children in conflict with the
law. The system will be based on the principles of the Convention on the
Rights of the Child, providing alternatives to deprivation of liberty,
restorative justice and the reintegration of young offenders. |
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16/07/2002 |
A world fit for children : resolution / adopted by
the General Assembly |
Promote
the establishment of prevention, support and caring services as well as
justice systems specifically applicable to children, taking into account
the principles of restorative justice and fully safeguard children’s
rights and provide specially trained staff to promote children’s
reintegration in society. |
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08/07/2002 |
Strengthening the United Nations Crime Prevention
and Criminal Justice Programme, in particular its technical cooperation
capacity : report of the Secretary-General |
Cited
above |
|
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|
02/07/2002 |
Preparations for the 11th Congress on Crime
Prevention and Criminal Justice : report of the Secretary-General |
17.
Traditional crime prevention and criminal justice issues also
figured prominently in a number of responses, which are summarized as
follows: efficient administration and reform of criminal justice systems;
50 years of standard-setting in criminal justice: review process;
indigenous people’s justice systems; the role of women as offenders,
victims and decision makers in criminal justice; crime prevention and
public awareness: enhancing public security, ethics, values and family
ties; crime prevention and reduction of poverty; alternatives to
incarceration and prison overcrowding; juvenile delinquency and
alternative youth sanctions; restorative justice; use of technology in
crime prevention and the supervision of offenders; towards universal
standards in criminal law and their application in different cultures;
modalities for effective law enforcement cooperation; and the promotion of
close collaboration between security forces and the judicial police. |
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12/06/2002 |
The return of refugees' or displaced persons'
property : working paper / submitted by Paulo Sergio Pinheiro pursuant to
Sub-Commission decision 2001/122 |
The
term “restitution” refers to an equitable remedy, or a form of
restorative justice, by which persons who suffer loss or injury are
returned as far as possible to their original pre-loss or pre‑injury
position. The remedy includes,
for example, the return of arbitrarily or illegally confiscated housing or
property. Again, housing and
property restitution is increasingly viewed as a right of displaced
persons and refugees under international human rights law, and as the key
means of returning situations involving displacement to their original
state. |
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05/06/2002 |