The Need for Basic Principles

In 1997, the Commission on Crime Prevention and Criminal Justice adopted a provisional agenda for the Tenth UN Crime Congress held in 2000.  Item four of that agenda was "Offenders and victims: accountability and fairness in the justice process." It was understood that this topic opened the door to discussion of restorative justice.

A year later, the Commission approved a discussion guide for regional preparatory meetings that included a lengthy discussion of restorative justice, and requested comment on whether standards and norms were needed to guide member states in implementation of restorative programs. The reports from all Regional Preparatory meetings expressed support for use of restorative justice, reconciliation, and traditional methods of conflict resolution. Several explicitly requested that the UN develop guidelines or standards and others proposed that the UN provide for exchange of information among nations on models and experiences related to restorative justice.

At its meeting in 1999, the Commission approved a draft declaration for consideration by the Crime Congress.  Paragraph 25 of this draft referred to restorative justice and would establish the year 2002 as a date for States to review their practices in support of crime victims, "including mechanisms for mediation and restorative justice". 

Subsequent to that Commission meeting, ECOSOC adopted a resolution on mediation and restorative justice in criminal matters that among other things requested the Commission to "consider the desirability of formulating United Nations standards in the field of mediation and restorative justice."

Finally, the International Scientific and Professional Advisory Council (ISPAC) released a study entitled "An Overview of Restorative Justice Programmes and Issues" drafted by Paul Friday of the World Society of Victimology.  This study concluded as follows:

"Guidelines and standards are desperately needed.  There is a danger that programs that are initially restorative in outlook recreate the courtroom process and, in turn, undermine rather than cultivate restoration. There is also the danger that the legal basis for initiating the process can get lost. And there is a third danger that the etiological factors producing crime - poverty, racism, cultural/social values, individualism will not be addressed as they are uncovered in the process."

The draft Basic Principles were thoroughly reviewed as one example of such guidelines.

Why should the UN adopt Basic Principles?  Because restorative justice programmes, badly run, can harm the chances for restoration. Because restorative values need to be carefully incorporated into legal process that respect the rights and responsibilities of individuals and societies. Because countries are requesting them.

8 Jan 2001