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Lima Declaration on Restorative Juvenile Justice

Jan 14, 2010

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In November 2009, the First World Congress on Restorative Juvenile Justice (Congress) --organised by the Foundation Terre des Hommes, the Public Prosecutor of Peru, the Pontificia Universidad Católica of Perú and the Association Encuentros-Casa de la Juventud -- was held in Lima, Peru. The nearly 1000 conference participants represented 63 countries and various groups such as governments, the judiciary, non-governmental organisation,  and professional groups working with children. Five Congress objectives guided the deliberations:

  • to reflect upon the concept of restorative juvenile justice and to undertake a critical viability
    analysis;
  • to examine the methodology and instruments of restorative juvenile justice;
  • to evaluate the situation of the victim in restorative juvenile justice and the need for her/his protection and reparation of damages;
  • to exchange experiences and lessons learned and good practices of restorative juvenile justice worldwide;
  • to elaborate and present some recommendations for the development and implementation of restorative juvenile justice.

The Lima Declaration reflects the deliberations and proposes a series of recommendations for promoting, developing, and implementing restorative practices as an integral part of juvenile justice.

To this end, the Lima Declaration discusses the following topics:

  • Basic rights of the child and principles of juvenile justice
  • Major concerns
  • Restorative Juvenile Justice
    • The concept of restorative justice
    • The role of the restorative justice approach in juvenile justice
    • The rules for the use of restorative justice

 

The action recommendations include:

  • We call on the UN Committee on the Rights of the Child to systematically recommend the States Parties to the CRC to undertake the necessary measures for the integration of restorative processes as a possibility for dealing with children in conflict with the law at all stages of the administration of juvenile justice.
  • We recommend the Interagency Panel on Juvenile Justice to further strengthen its technical assistance for the support of governments in their efforts to develop and implement the restorative juvenile justice approach, while referring to Resolution 2009/26 of the ECOSOC encouraging UN Member States to provide this Interagency Panel with the necessary resources and to fully cooperate with the Panel.
  • We recommend the UN Office against Drugs and Crime to increase, as a follow-up to its Handbook on Restorative Justice Programmes, its efforts to promote the use of restorative justice approaches in dealing with offences committed by children and to assist Sates in their efforts in this regard where appropriate.
  • We recommend UNICEF to continue and increase its efforts to support and provide technical assistance to States in the development and implementation of restorative juvenile justice programmes, in particular by providing training to all actors in the field of juvenile justice.
  • We recommend States parties to the CRC and States that signed the CRC to undertake, as part of their comprehensive national policy on juvenile justice, the necessary measures to include restorative justice programmes as an integral part of the administration of juvenile justice while taking into account the observations, suggestions and rules above under a – c, and to call on the Interagency Panel on Juvenile Justice, UNICEF and UNODC for technical assistance in that regard. These measures should include awareness raising campaigns, with the involvement of national and local media, informing the public about the nature and the benefits for the victim, the offender and the society of a restorative juvenile justice policy and the promotion of the involvement of parents and the community.
  • We recommend States engaging in a process of introducing restorative juvenile justice to undertake pilot projects together with a thorough evaluation and to decide on the basis of the outcome of these projects on the country wide introduction of restorative juvenile justice and on the legislative measures to provide a solid basis for a sustainable practice of restorative juvenile justice as the main characteristic of its juvenile justice system, while ensuring that human rights and legal safeguards are fully respected in line with the basic principles adopted by ECOSOC.
  • We recommend States when developing and implementing restorative juvenile justice to pay special attention to vulnerable children such as children in street situation, taking into account their specific daily reality, their problems and needs and children and adolescents involved in gangs, armed groups and paramilitary groups.
  • We recommend States to develop and implement adequate and ongoing training for all the key actors in the administration of juvenile justice, with special attention for changing the conventional legal approach and to establish and/or support the services necessary for implementing restorative juvenile justice programmes while using existing networks as much as possible. These services should practice an interdisciplinary approach, for instance by establishing multidisciplinary teams, in conducting restorative juvenile justice among others with the view to address also the emotional needs of both the victim and the juvenile offenders.
  • We recommend States to establish or strengthen the systematic collection of data on the nature of and the responses to juvenile delinquency in order to inform its policies in that regard with a view to adjusting them as necessary and to conducting or supporting research on the nature and the impact of the various responses to juvenile delinquency.
  • We recommend States and the relevant UN agencies to initiate and/or support the development and implementation of regional projects of restorative juvenile justice in different parts of the world.

 

See the full-text of the Lima Declaration on Restorative Juvenile Justice in English, Spanish, and  French.

Document Actions

Restorative Justice

Posted by Shannon Thunderbird at Jan 17, 2010 02:06 PM
Restorative Justice has been in the dna of Canada's First Nations for thousands of years. The Sentencing Circle is as old as time. The Gladue Court is the modern version that came about as a recommendation from the 1995 Royal Commission on Aborginal People and Criminal Justice in Canada; also there was a Supreme Court interpretation in 1999 in which the court stated, "All available sanctions other than imprisonment that re reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders."

Restorative justice and First Nations

Posted by Dan Van Ness at Jan 30, 2010 01:11 PM
Thank you, Shannon, for this reminder. First Nations peoples have made significant contributions to Canadian criminal justice, as you point out. But the influence is also worldwide; Circles are used all over the world.

Now if only more courts and countries would follow Gladue!

Restorative Justice and International Peace

Posted by Laura at Feb 25, 2010 02:16 PM
You're right Shannon, about the extent of Restorative Justice principles in First Nations traditional culture. But as you know,traditonally, r.j. was actually fundamental to the day to day living of most people throughout the world. It was a natural way of keeping the community together for the safety and security of all. Unfortunately in the establishment of the adversarial system we know today as the 'justice system' much of that history was disregarded. Today we must return to those principles for the good of all, including the planet itself. Let's get together with environmentalists who understand the medicine wheel principles, to make this happen.

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