11 Decolonizing Restorative Justice
Jenna Smith
Title: Decolonization Restoration: Reconstructing Restorative Justice Practices
Abstract
Restorative justice can and needs to be decolonized. When analyzing the impacts of colonization, defining decolonization, and exploring decolonized practices, one sees that decolonized versions of restorative measures can and indeed do occur within post-colonial societies. Asadullah’s decolonizing tree framework offers a reasonable and appropriate framework to deconstruct colonial elements and augment decolonial values within existing restorative practices. Upon embracing the information within this essay, it is my hope that students and restorative justice practitioners understand and adopt decolonized mindsets in order to reimagine restorative justice and continue their education with the intent to deconstruct colonial values.
Introduction
Since the 1990s, the use of restorative justice practices has increased exponentially in post-colonial countries such as Canada and New Zealand (Tauri, 2009). Restorative justice is an alternative form of justice that focuses on victims, communities and offenders (Vogel, 2006). Compared to retributive forms of justice, restorative justice offers a collaborative approach that is trauma-informed and harm-reducing (Vogel, 2006). The theory behind restorative justice is that offenders, through community-based, mediated collaborative punishment, take responsibility for their actions, which in turn will create stronger communities (Vogel, 2006). Victims, like offenders, are key stakeholders throughout the restorative justice process and are encouraged, alongside the community, to play an active role in the justice process (Vogel, 2006). Despite the glowing reputation and seemingly solid theory behind restorative justice measures, the widespread use of restorative justice in post-colonial States has illustrated a disconnect within the justice community. Notably, once post-colonial States adopt practices of restorative justice, it often becomes falsely categorized as Indigenous justice (Breton, 2012). Such categorization is no mistake. It means that post-colonial States adopt restorative practices into a Western crime-control model then claim these practices are to aid Indigenous offenders (Daly, 2002). This false categorization is extremely damaging and harmful to Indigenous peoples within the post-colonial States that have introduced restorative justice measures (Findlay, 2000). It also illustrates the lack of awareness among policy makers and program developers about Indigenous culture and the extent of its difference to mainstream culture. Restorative and Indigenous justice share similar practices, but the way in which each justice method is executed and applied to individuals within communities is different and therefore Indigenous justice and restorative justice cannot be considered equal (Braun, 2019). There is a need to decolonize restorative justice and its practices, which