Restorative Justice in the “new democratic Ethiopia”

By T, Staffer of De Birhan Media

07-02-2012

Ethiopia has had a troubled past and is having an agonising one today. Most of these agonies had been economical but according to this writer they originated from political corruption and bad governance. A particularly worrisome part of our history and future is the prevailing ethnic tension. Ethnic tensions mostly have historical premises but also administrative and power. Except some countries that have a homogenous culture and ethnic group, most nations have gone through the ups and downs of ethnic, liberation, intra-colonial tensions and squabbles. Some disintegrated; others seceded, had genocide and others lived in a fake unity. Discussions on the future of “new democratic Ethiopia”, that we all strive to create and see from a reconciliatory point of view is necessary as mending a tensioned and conflict ridden nation and putting it back on the track of development requires some form of conflict resolution and revival methodology; restorative justice as such is one of these approaches.

What is Restorative justice?

Fisher (2000) states conflict occurs between people in all kinds of human relationships and in all social settings. Conflict by itself is neither good nor bad. However, the manner in which conflict is handled determines whether it is constructive or destructive (Deutsch & Coleman, 2000). Conflict is defined as an incompatibility of goals or values between two or more parties in a relationship, combined with attempts to control each other and antagonistic feelings toward each other (Fisher, 1990). Conflict has the potential for either a great deal of destruction or much creativity and positive social change (Kriesberg, 1998). Tension ends up in conflict.

Conflict can result in destructive outcomes or creative ones depending on the approach that is taken. If we can manage conflict creatively, we can often find new solutions that are mutually satisfactory to both parties. Sometimes this will involve a distribution of resources or power that is more equitable than before, or in creating a larger pool of resources or forms of influence than before. Creative outcomes are more probable when the parties are interdependent, i.e., each having some degree of independence and autonomy from which to influence the other, rather than one party being primarily dependent on the other. The win-lose, lose-lose strategy and win-win approaches are the most commonly used approaches to conflict resolution. Van Ness (2006) states that the philosophy of restoration is deeply informed by the peacemaking approach to conflict. The popularly known Western model of criminalization is retributive justice; punishing the offenders. The presence of crime from smaller property crimes to public order and violent crimes is an impediment to human freedom and development. Most jurisdictions use four types of justice systems in criminalization: distributive, procedural, restorative and retributive justice.

 Restorative Practices Typology

The conceptual foundation of the Restorative justice is made up of three principles: 1) identify and take steps to repair harm, 2) Invite all stakeholders, and 3) Seek transformation. McElrea’s 2004 paper entitled, The Key Values of Restorative Justice puts out key values which distinguish restorative justice from other, more adversarial approaches to justice and conflict resolution these are: Participation, respect, honesty, humility, interconnectedness, accountability, empowerment and hope. Reconciliation targets just that as well.  Restorative justice practices are being incorporated into institutional practices throughout Australia, New Zealand, the United States and Canada and the United Kingdom. Restorative justice in much of its senses is a traditionally emanating justice system than being modern or formal. Modern justice system although still based on ancient traditional and spiritual benchmarks, much of its punitive part is the result of modern (formal) and non traditional policies, amendments and stipulations.

Internationally this definition of restorative justice is most used: Restorative Justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future.

As can be understood from the definition, restorative justice as the name suggests is not solely a method of criminalisation but also a social process of reconciling parties or finding a win win solution to their grievances and also crime.  

Restorative Justice in Africa

Africa, being the origin of humanity and other worldly phenomena, is considered by a good number of researchers, as the emerging place of restorative justice (informal) and critical analysis of literatures by De Birhan Media suggest that restorative justice can work in the African context. The Ghanaian/African philosopher Kwame Gyeke describes a concept of “moderate communitarianism” within African societies that understands the development of a self as a moral process in which the individual is shaped by the community in which he or she grows up. The virtues and values of moderate communitarianism suggest an approach to “justice” that is community rather than rule-driven. Gyekye contrasts the communitarian worldview with Western views of justice as “rights.” Similar themes regarding an African notion of “justice” have emerged from the South African experience with the Truth and Reconciliation Commission (TRC), which attempted to purge the legacy of suffering by confrontation, acknowledgement and admission rather than forced confessions and punishment. Notable among these neo-traditional community-based responses to promoting reconciliation are the Gacaca system in Rwanda and the Acholi culture, values and institutions, known as Mato Oput in Northern Uganda (Oduro, 2007). Desmond Tutu’s South African Ubuntu is the other. The Ethiopian Oromo ethnic Gadaa System and highlanders tree-round court systems have been commended for their restorative justice characteristics as well. For example, the reconciliation process of mato oput, an Acholi tradition in northern Uganda, and the Ubushingantahe in Burundi, uniquely achieve justice and healing of the concerned parties in a way that a formal justice system cannot. These methods of restorative justice emphasize community-building and the need to reconcile an entire society after conflict. In Burundi, the collaboration and initiative taken by Hutu and Tutsi youth has served as an innovative community-level approach to rebuilding relationships amongst the people of the two tribes.

Julie Macfarlane’s (2007) work on restorative justice in Ethiopia tells why the informal system of justice continues to be so important in the main land of Africa and least developed nations. She says “The Ethiopian Minister of Justice, Asefa Kesito, described the criminal justice system as highly inefficient because it takes second place to informal systems in many parts of the country. He stated many rural and village communities do not refer complaints to the police or prosecuting authorities, but instead deal with them using traditional tribal processes. Even where the State brings forward a prosecution and the matter eventually reaches trial, the current conviction rate is less than twenty percent.”   According to a recent working paper of the United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) restorative justice can enliven rights as active cultural accomplishments when rights talk cascades down from the law into community justice. A peaceful, reconciled, safe country can enjoy the fruits of its economic development sooner than a country of the vice versa nature.

Conclusion

As has been described in the introduction part, Ethiopia with over 70 of its ethnic groups, cultures, history and political opinions, could sit at the prime of a nation in tension –conflict. The major ethno-political tensions have been the then Asmara and Addis Abeba, Oromo ethnic “elites” versus “Abyssinians” as some scholars and politicians of the Oromo ethnic elites love to call Ethiopian highlanders mainly Amara and Tigre, and mainly today between Tigre lead ethnic rule versus the Ethiopian mass. The last tension, however many of us attempt to cool it down and cover it up, is a real and boiling tension. The conflict between the two already exists. Unlike the tension and conflict of the former cases on the virtual world, the tension of the later is practically on the ground.  In today’s Ethiopia there is no governmental office from the policy level to the Kebele districts that doesn’t have a Tigrean ethnic official within it. Same is with the military, security, economy and politics. Members of one ethnic group ‘own the nation, abuse power and dictate everyday life’.

The frustration and repugnance of Addis Abeban’s especially at the superiority, dictatorship and racism of autocrats of the ruling party ethnic members has reached its peak. School children are brainwashed with the superiority of one ethnic group. This tension could breed out retributive vengeance. For this not to happen, the carpets for restorative justice should be laid by those of us who wish and work for a “democratic new Ethiopia”. Post Tigean People’s Liberation Front (TPLF) Ethiopia ought to be one that is:

Problem solving than blame fixing

Future focusing than past emphasising

commonalities searching than differences

 social injuries repairing than harming more

Victims’ sufferings acknowledging 

Offenders are viewed holistically

Based on the voluntary cooperation of parties than force to reconcile

As Howard Zehr, considered by many as father of restorative justice says this "alternative justice paradigm", should be applied in our future criminalisation  not to kill and decimate the souls and spirits of Ethiopians.  Our differences with our brothers and sisters in Eritrea could even be solved for a possible confederation via the use of restorative justice. History originated ethnic divisions, differences and indoctrinations could also be solved once and for all via restorative justice. Bear the social and national idea and aspect on restorative justice in your mind always. 

References

Deutsch, M. and Coleman, P., 2000, the handbook of conflict resolution: Theory and practice. San Francisco: Jossey-Bass

Fisher, R.J., 1990, the social psychology of intergroup and international conflict resolution. New York: Springer-Verlag 

Kriesberg, L., 1998, Constructive conflict: From escalation to resolution.

Kwame G. 1995, Aspects of African Communitarian Thought, the

Responsive Community: Rights and Responsibilities

Oduro, F., 2007, a Review of the Literature on Reconciliation, IDRC,

Canada

Van Ness D, 2006, RJ City: Phase 1, Centre for Justice & Reconciliation