Jennifer J. Llewellyn - Speaking My Truth
Jennifer J. Llewellyn - Speaking My Truth Jennifer J. Llewellyn - Speaking My Truth
include communities of harm, communities of care and support,and the wider community/society.• Restorative justice processes involve encounter between theparties involved. Such processes provide opportunities fordialogue aimed at the development of a shared understandingof the consequences and implications of a wrong and a commoncommitment to address the harms related to the wrong witha view to establishing different relationships in the future.Encounter provides an opportunity for parties to come to knowand understand each other’s perspectives and stories. It providesspace for parties to work together constructively to envision andrealize a better future. Significant work must, however, be done toprepare and equip parties to participate in an encounter. Whileencounters can make important contributions to the restorationof the relationships involved, there remains much work to be doneafter the encounter, namely, executing the plan for restoration.This requires ongoing support and supervision as part of arestorative justice process.• Restorative processes are democratic and participatory. Suchprocesses must reflect the values of inclusion, respect, concern forothers, and dignity that they seek to achieve in their design andoperation. Each party must be invited and enabled to participatefully in a restorative justice process. Care must be taken toensure that diverse and marginalized individuals and groups areincluded within processes where appropriate. It is important thatpower imbalances be acknowledged and addressed within theprocess, and that the legal rights of all parties must be respectedwithin the process.• Attention to context should be paid in both the design andimplementation of processes aimed at restoring relationships.Such processes should also be designed through inclusive,dialogical, and participatory processes. The context willdetermine exactly which parties should be involved in a givenprocess, and it will also determine the structure of the processitself, such as whether there needs to be a large-scale processat a national level or a smaller scale process addressing morelocalized wrongs. Context is also a key factor that must be takeninto account for each process when designing the outcomes ofrestorative processes—that is, when determining what mustbe done to restore the relationships at stake. Inclusive and194 | Jennifer J. Llewellyn
participatory design is also important so that processes areresponsive to the context and to the needs of the parties. It alsoensures that parties are committed to and invested in the successof the process.• Restorative justice gives a more central role to victims than whatthe current justice system offers; however, it is not focused on themalone. It is also concerned with restoring the community and thewrongdoer in its bid to restore relationships. Focus on one partycannot come at the expense of the other, or the process will movefurther away from the goal of equality in relationships.• Restorative justice processes are committed to restoration ofrelationships over retribution, to reintegration over isolation.Reintegration of wrongdoers, victims, and communities isessential to the restoration of relationships.• Restorative justice recognizes the role of communities and societygenerally in both the creation and resolution of social conflict.Community involvement is thus essential to restorative justiceprocesses. To that end, restorative justice processes should bepublic. Communities should be involved in both the facilitationand operation of restorative justice processes and programs. Theymust also be included as parties within these processes with astake in the outcome. The harm resulting from wrongdoing extendsthrough the web of relationships to affect the immediate parties andthose connected with them. This harm to relationships weakensthe fabric of the communities involved and ultimately, societies.Restorative processes should thus involve members of the publicas both participants and witnesses to the process. This is essentialfor restorative justice for the very reason the current justice systemplaces value on public processes—it is important not only for justiceto be done, but also for it to be seen and known to be done. In thecase of restorative justice, this is perhaps even more importantgiven its aim of establishing restored relationships in society. Suchprocesses should be public unless there is some overriding reason tokeep them confidential. These reasons should be consistent with theprinciples of restorative justice. For example, if there is a likelihoodof further or continuing harm to individuals or relationships if theproceedings are public, steps should be taken to protect the parties.• Restorative justice processes must be voluntary for all parties. Thetask of restoring relationships—of treating others with respect,From Truth to Reconciliation | 195
- Page 1 and 2: Jennifer J. LlewellynFrom From Trut
- Page 3 and 4: Bridging the Gap between Truth and
- Page 5 and 6: and pave the way to reconciliation.
- Page 7 and 8: Any bridge must pay close attention
- Page 9 and 10: of past wrongdoing, its implication
- Page 11: practice are instructive for those
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include communities of harm, communities of care and support,and the wider community/society.• Restorative justice processes involve encounter between theparties involved. Such processes provide opportunities fordialogue aimed at the development of a shared understandingof the consequences and implications of a wrong and a commoncommitment to address the harms related to the wrong witha view to establishing different relationships in the future.Encounter provides an opportunity for parties to come to knowand understand each other’s perspectives and stories. It providesspace for parties to work together constructively to envision andrealize a better future. Significant work must, however, be done toprepare and equip parties to participate in an encounter. Whileencounters can make important contributions to the restorationof the relationships involved, there remains much work to be doneafter the encounter, namely, executing the plan for restoration.This requires ongoing support and supervision as part of arestorative justice process.• Restorative processes are democratic and participatory. Suchprocesses must reflect the values of inclusion, respect, concern forothers, and dignity that they seek to achieve in their design andoperation. Each party must be invited and enabled to participatefully in a restorative justice process. Care must be taken toensure that diverse and marginalized individuals and groups areincluded within processes where appropriate. It is important thatpower imbalances be acknowledged and addressed within theprocess, and that the legal rights of all parties must be respectedwithin the process.• Attention to context should be paid in both the design andimplementation of processes aimed at restoring relationships.Such processes should also be designed through inclusive,dialogical, and participatory processes. The context willdetermine exactly which parties should be involved in a givenprocess, and it will also determine the structure of the processitself, such as whether there needs to be a large-scale processat a national level or a smaller scale process addressing morelocalized wrongs. Context is also a key factor that must be takeninto account for each process when designing the outcomes ofrestorative processes—that is, when determining what mustbe done to restore the relationships at stake. Inclusive and194 | <strong>Jennifer</strong> J. <strong>Llewellyn</strong>
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