It is possible to rehabilitate=20
criminals, rather than simply incarcerate them, reports=20
Rehana Rossouw
Between the ages of eight and 16, a New Zealand girl=20 was repeatedly raped and sexually abused by three=20 brothers. When she was 24 years old, she reported the=20 crime to her Maori community.=20
The three men were summonsed, listened to her account=20 of the pain, humiliation and fear she suffered, and=20 admitted their guilt. The woman told them that after=20 months of counselling, she was ready to forgive them.
The men acknowledged at the meeting that what they had=20 done was wrong, took responsibility for their actions=20 and said they deeply regretted the hurt and pain she=20 had suffered.
Their community sentenced them to working for the=20 girl’s family for a set period, to attend counselling=20 sessions and to address community groups and families=20 on their offences and encourage others to treat their=20 children with respect. Their punishment was monitored=20
The victim and her family said they were delighted with=20 the punishment. The wrong had been redressed and more=20 importantly, the men had publicly admitted their crime.=20 Neither her name nor the offenders’ names had been=20 published in the media and they could all resume their=20 roles in their community.
This was restorative justice in action, and one of its=20 proponents, Father Jim Consedine, was in South Africa=20 last week to preach its benefits to parliamentarians=20 and organisations involved in justice and crime=20
A prison chaplain since 1979, Consedine has been in the=20 forefront of New Zealand’s campaign to reform its=20 justice and penal system.=20
He studied traditional law in New Zealand, Australia,=20 Western Samoa and Ireland and discovered that all these=20 countries practiced restorative justice until they were=20 colonised by the British and the system of retributive=20 justice was introduced.
He also examined the penal system in America, where 3=20 500 people are currently awaiting execution and 1,5=20 million people are behind bars. Yet, despite the=20 harsher penalties imposed on lawbreakers, the American=20 Department of Justice estimates that the prison=20 population will reach two million by the year 2000.
Last week he addressed the parliamentary select=20 committee on prisons, met Justice Minister Dullah Omar=20 and spoke to staff at the National Institute for Crime=20 and Rehabilitation of Offenders where he explained the=20 vision of restorative justice.
“As a prison chaplain I was not simply sitting in=20 prison comforting prisoners. I was acutely aware of the=20 conditions under which they were held and the=20 prejudices they faced,” Consedine said.
In 70 New Zealand courts, youth offenders were tried=20 under the Children, Young Persons and their Families=20 Act, which involved group conferences where victims and=20 offenders met with mediators and considered which=20 penalties would repair the damage caused by the crime.=20 Often, these included community service, returning to=20 school, paying compensation and entering drug and=20 alcohol abuse programmes.
The programme saw a 27 percent reduction of reoffenders=20 among young men and the New Zealand government is=20 considering extending the programme to adult offenders=20 as well. The programme can be used for all offences,=20 the only proviso being that the offender pleads guilty.
“Retribution is part of the reason for the high crime=20 rates all over the world. It is expensive in both=20 financial and social terms,” Consedine said. “With the=20 restorative practice, we are encouraging people to=20 accept responsibility for their deeds, to apologise and=20 to seek forgiveness and an opportunity to help put=20 things right.=20
“The victims are as important in this equation, they=20 have to put things right in their lives as well. Even=20 secondary victims like parents, spouses and children of=20 the victim are part of the restorative system. They=20 attend the group conferences, hear the offenders=20 apology and help decide what penalties will be imposed.
“The end result is that we have a healthier society and=20 a cheaper justice system. Already youth prisons have=20 been closed down in New Zealand and we have less than=20 20 prisons for our population of 3,5 million people.”
Consedine believes the system could work in South=20 Africa as well.
At the end of 1994, the Department of Correctional=20 Services had accommodation for 95 695 prisoners and a=20 prison population of 113 856. The Department of Public=20 Works had allocated almost R90 million to improve and=20 erect new prisons in 1995.
The money the government is planning to spend on=20 building more prisons could be redirected to training=20 counsellors, community workers and therapists.
“If the government is going to make a move in this=20 direction, the first step will be a massive education=20 project. People need to know that retribution doesn’t=20 work. In the United States they have 3 500 people on=20 death row, but they have the highest murder rate in the=20 world. New Zealand doubled the penalties for rape, but=20 it has not stopped it.
Most crimes are committed by people who have been to=20 jail and perfected their craft there.
“When do we start building a human rights culture?=20 While we don’t expect the new government which is=20 under-resourced to solve these problems overnight, they=20 can certainly start doing something about them=20