Indigenous models of justice: Moving beyond tragedies

The Peacemaker leads the group in developing recommendations and agreements if possible however both men I interviewed agreed that there is sometimes no “solution” or “resolution”.   

Sometimes everyone must take some time to smoke and pray. (Begaye interview, 1/13)

Navajo concepts of healing and healing ceremonies also provide ways to confront family violence and even murder according to Lester. Healing requires that the person be actively involved in the traditional ceremonies prescribed. Peacemaking is not a costly endeavor but does require a payment of $60.00. 

….A significant difference between Navajo Peacemaking’ and the Anglo model of restorative justice according to Lester is that Peacemaking allows self-referrals and requires no admission of guilt. Identifying the history of where and how the people lost balance and harmony results in identifying the right path for the future. Healing requires that the person be actively involved in the traditional ceremony. 

Like the Navajo model the Hawaiian indigenous restoration process emphasizes the human connection to all things.  Aloha means being one with nature. Expert trainer, John Galtung described five stages in his seminar: 

1. The wise person asks each person to present their emotions and story and asks the person who caused harm “why did you do it?”

2. The wise person asks everyone in circle “what did you do to prevent this from happening, what could you have done? Everyone shares the seeds of responsibility.

3. The Wise person asks all to hold hands and lift heads to ask apology to the community/ ancestors/Creator for their acts of commission and omission. 

4. The Wise person asks: “What is to be done to prevent this from happening—what would restore you and what will you do to restore the balance”. 

5. The Wise person meets with everyone after a period of time to see if everyone is doing their part. 

In indigenous justice (restorative) community well-being is emphasized—this is a whole community process based in indigenous philosophy. 

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