Restorative Justice and the Prison Ministry

REV. CALLUM R. TABADA

National Coordinator Prison Fellowship International Pilipinas (PFIP)

Restorative Justice and the Prison Ministry

The Need for Healing & Transformation Restorative Justice comes in our time today in the midst of a world full of conflicts and other relational problems. One can just observe the news in the different media television, radio, newspaper, the Internet, etc.and see the reality of the times when conflict seems to be the norm in our relationships. From simple cases of family quarrels to neighborly brawls, from traffic altercations to road side killings, political conflicts among dynasties and parties to rebellions and warfare, all these point to the fact that relations among people are the most fragile matters and the most easily abused by those who wield power to the powerless as well as by those who are in the advantage to the disadvantaged. However, to formally measure the extent of conflict one can only look at the statistics of those who are incarcerated in the various jails in our country operated by the Bureau of Jail Management and Penology (BJMP). The BJMP is tasked to manage and operate all the municipal, district and city jails all over the country. In 2010 the total number of those incarcerated in the jails under the BJMP was 35,937 individuals. As of May 2012 this figure increased dramatically to 69,735.1 Meanwhile the National Penitentiaries, which

Restorative Justice and the Prison Ministry

house prisoners sentenced for more than three years, as of December 2011 holds 36,175 in its 7 penal colonies spread all over the archipelago. 2 This does not include the 104 Provincial Jails currently being managed by the Provincial Governments. Since there are no formal statistics of these Provincial Jails, one can make an educated guess by conservatively considering the number of inmates in the Negros Orientals Provincial Jail which is around 250. Multiplied by the number of Provincial Jails in the country, the estimated number would come to roughly 26,000 all over the country. Adding all these, we would come out with the total of 131,910 prisoners all over the country. This figure is more that the total population of Dumaguete City of around 121,000.3 The above figures are just from the correctional institutions. More data of conflict can be sourced out from the Department of Social Welfare and Development, the Barangays and even institutions like schools. Add to this are the more subtle conflicts in and among the families, the political clans, the business rivals, the warring fraternities and other conflicting organizations, even the conflict between the rebel groups and the government the figure would definitely go up. All these lead us to somehow come to a conclusion that the world where we live in, even in our very own country, is beset with conflicts and therefore unpeace. Surprisingly if ever asked,
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nobody in his or her own right mind would ever want to experience conflict of whatever kind. Those who do are either deranged or have become mentally challenged. We cannot help but long for answers to conflicts and dream of peace. However, it is heartening to know that despite the fact that a lot of conflicts around the world are caused by religious beliefs, virtually all religions in their truest form speak of peace. Christianity, Islam, Judaism, Buddhism, Taoism, Sikhism, Shintoism, etc. all long for genuine peace. This longing for peace is borne out of humanitys experience of un-peace caused by conflicts or broken relationships. In the Christian tradition, this is mainly the message of Gods salvation for all the mending of relationships between each other and with God, revolving around the notion of forgiveness. Forgiveness seems to be an innocently simple word and easy thing to do. While that might have some truth in it, on the other hand it is also complex and somewhat difficult. In an article in the book Reclaiming the Old Testament: Essays in Honor of Waldemar Janzen, author and Mennonite professor Gordon Zerbe points out that forgiveness is a part of a comprehensive restoration that includes spiritual, relational and physical healing. Quoting J.J. Stamm, Zerbe points out further that in the Bible, particularly the Old Testament, forgiveness is not something that revolves only in
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the sphere of the spiritual realm as is somewhat understood in the modern times; rather forgiveness is a concrete and comprehensive process that affects the individual or society externally.4 Through this kind of forgiveness, relationships are therefore restored justly and peace is attained by all. This kind of peace therefore is borne out of the experience of being restored into the relationship, and not just in any way of being restored, but one that is fair and just for all concerned. Today this is expressed in what is known as Restorative Justice.

III. Restorative / Transformational Justice a. What is Restorative Justice In its simplest form, restorative justice is just that justice that restores. However, if we break down and treat the two words separately restore or restorative, and justice and look at the implications that these two words mean together, we get a whole lot of permutation of definitions. Some definitions focus on the elements of the restorative processes. Others begin with the recognition of a harm done and that justice should promote healing. Others suggest that restorative justice is a holistic approach to life and to relationships, one that has far-reaching effects beyond simply the issue of crime or rule-breaking, 5 or broken relationships. The Collins EnRestorative Justice and the Prison Ministry 5

glish Dictionary defines Restorative Justice as a method of dealing with convicted criminals in which they are urged to accept responsibility for their offences through meeting victims, making amends to victims or the community, etc.6 While not very much used as a reference, the Internets Wikipedia somewhat paints a similar definition of Restorative Justice: an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender.7 With these definitions, we can say that restorative justice is about restoring the broken relationship between the victim and the offender, and this is usually done by meeting the needs of both parties and in the context of the community where they both belong. By doing such, real justice prevails and peace in the community is attained. This is very much consistent with the fundamental goal of the Biblical judicial system and that is to restore what has been damaged by the offender. Chris Mashall in his book, The Little Book of Biblical Justice puts emphasis on restoration which is required in all levels for the victim to be restored to wholeness, the offender to be restored to a right standing in the community, and the community for peace and freedom to be restored. 8

Restorative Justice and the Prison Ministry

b. Biblical Foundations of Restorative Justice The Bible, particularly the Old Testament, talks about justice quite extensively. However, justice is often paired with righteousness. In the Book of Jeremiah, the Lord declared, Do justice and righteousness, and deliver from the hand of the oppressor him who has been robbed. And do no wrong or violence to the resident alien, the fatherless, and the widow, nor shed innocent blood in this place. For if you will indeed obey this word, then there shall enter the gates of this house kings who sit on the throne of David, riding in chariots and on horses, they and their servants and their people.9 The prophet Amos on the other hand records what the Lord said, But let justice roll down like waters, and righteousness like an ever-flowing stream.10 Through Zechariah, the Lord says, Render true judgments, show kindness and mercy to one another, do not oppress the widow, the fatherless, the sojourner, or the poor, and let none of you devise evil against another in your heart.11 While the above-mentioned verses and most of the other verses come from the prophets, Gods mandate for justice and righteousness can also be found in the Wisdom literature and Psalms as well. Job is described as wearing justice and righteousness12 and Psalms describes the Lord as one who loves righteousness and justice.13 These two justice and righteousness are therefore inseparable as far as BibliRestorative Justice and the Prison Ministry 7

cal references are concerned. While most of the time we look at the word justice as something that demands punishment to the one who committed the crime, pairing it with the word righteousness gives the phrase or wordpair a whole new meaning in that it doesnt stop at demanding punishment from the offender but looks further at the welfare of the offended party. In ancient Israel therefore, doing justice and righteousness implies both actions: the punishment and the destruction of the oppressor, on the one hand, and the assistance to the poor and unfortunate, on the other. These two actions can well be referred to as the two kinds of justice one that focuses on identifying who the offender is and serving the appropriate punishment; and one that focuses on the offended party and identifying what can be done to restore the wrong done to that person.14 The story of Cain and Abel in Genesis 4:1-26 best describes these two kinds of justice. While the first part of the passage ending in verse 16 sees the carrying out of the first kind of justice the oppressor is identified and punished reading it until verse 26 provides us with the event of the attainment of the second kind of justice where Seth is born to replace Abel (and thus restoring the lost son), and consequently with the writer ending the story in verse 26 with: At that time people began to call upon the name of the LORD.
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Cain was punished, Abel through Seth was restored, and the

communitys relationship with the Lord was once again established. This seems to be a very good ending. However, Gods righteousness expressed in Gods steadfast love and mercy extends even to the one being punished. When Cain expressed to the Lord that his punishment is greater than he can bear and that he fears that his life will constantly be in danger from people who will want to kill him, God protects Cain by putting a mark on him and giving a warning that whoever would harm Cain will receive Gods vengeance sevenfold (vv. 13-15). This brings us to the Old Testaments understanding of God which can be found in Exodus 34:6-7: The LORD, the LORD, a God merciful and gracious, slow to anger, and abounding in steadfast love and faithfulness, keeping steadfast love for thousands, forgiving iniquity and transgression and sin, but who will by no means clear the guilty, visiting the iniquity of the fathers on the children and the childrens children, to the third and the fourth generation. In this particular passage, emphasis is placed on the Lords being merciful, gracious, slow to anger, abounding in steadfast love and faithfulness, and forgiving iniquity and transgression and sin. However, Gods justice in this particular passage is well pronounced, but who will by no means clear the guilty, even until the fourth generation.

Restorative Justice and the Prison Ministry

Two passages in the Old Testament on the other hand somewhat revise this understanding of God and of Gods divine attributes as the people of Israel continued to discover who God is to them. The Book of Joel says, Return to the Lord, your God, for he is gracious and merciful, slow to anger, and abounding in steadfast love, and relents from punishing. (emphasis mine)16 Jonah, in addressing the nations, says about God, for I knew that you are a gracious God and merciful, slow to anger, and abounding in steadfast love, and ready to relent from punishing. (emphasis mine)17 With these two passages, the emphasis on mercy is strengthened as the terms of retribution is replaced with the affirmation that God relents from punishing. This means that punishment, which was consistently held in tradition for quite some time in the life of Israel, now gives way to mercy and forgiveness.18 Gods justice is therefore tempered with righteousness which is expressed in mercy and forgiveness, a justice that heals and restores. This kind of justice is what we know of in the New Testament as exemplified by the life and ministry of Jesus Christ. In the well loved verses of the gospel of John 3:16-17, the writer expresses Jesus intention, and as God-incarnate, Gods intention in the world: out of Gods great love, to save and not destroy or condemn the world. Jesus confirms that indeed divine retribution has been over10 Restorative Justice and the Prison Ministry

shadowed by divine love that seeks to restore the broken relationship between God and the people and consequently between and among the people themselves. This is the kind of justice that God intends to be experienced by the people, justice with righteousness, a justice that restores, a restorative justice.

IV. Doing Restorative Justice Today Restorative justice has been popping out as a by-word in the realm of prison concerns vis--vis the criminal justice systems around the world. It has been seriously considered as the best alternative to the crude and often violent and punishment-oriented prison system that focuses more on letting the offender suffer the consequences of the wrong done and making such experience known to others as well to function as a deterrence for future offense. The Prison Fellowship International, a faith-based prison care organization is championing this program world-wide through its Sycamore Tree Project implemented through the different affiliate National Ministries in the different countries all over the world. In this particular program, victims and offenders (that is, they are not each others victims and offenders) are brought together to consider concepts of responsibility, confession, repentance, forgiveness, amends and reconciliation in the context of crime and justice.
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Through this program many victims have reported receiving a measure of healing, and studies have shown that offenders have achieved significant changes in attitudes that make it less likely for them to re-offend once released.19 Here in the Philippines, the concept of restorative justice has been wholly embraced by the government as one of the way forward in dealing with those who break the law. Although it started with juvenile delinquents in mind through the enactment of the Republic Act No. 9344 in 2006,20 restorative justice is now being used by the Parole and Probation Administration, an attached agency of the Department of Justice. All these are in line with the implementation of the UN resolution in 2002 calling upon Member States to implement restorative justice programs in their respective countries. 21 Because of this mandate restorative justice is now being implemented, with its share of problems and difficulties, through the barangay justice system in the entire country.

V. Conclusion Looking at how the present criminal justice system in our country is doing and the current state of our prison institutions create an impression that there is so much conflict in our communities. These conflicts in turn create an atmosphere of distrust, suspi12 Restorative Justice and the Prison Ministry

cion, paranoia and fear in and among the people in the communities where we live. In short there is no peace or rather, peace is something that we all long for in our communities. In the context of our Biblical faith, peace is something that we can attain through justice. However, this justice is not the kind of justice that only stops at identifying the offenders and punishes them. This kind of justice is tempered with righteousness expressed in mercy and steadfast love. This is the kind of justice that restores relationships between the offender and the victim, both parties and the community, and the communitys relationship with God. This is the kind of justice that heals through forgiveness and reconciliation, the very message of Gods Good News through Jesus Christ who came to reconcile the world back to God. The church, as the community of those whose relationship with God has been restored, should be at the forefront of championing the cause of restorative justice as this is central to what God intends for the church to do. On a personal note, I believe that engaging in the prison ministry has brought me to terms in understanding how it is to have that forgiving and reconciling attitude towards others and have been humbled in knowing and experiencing that we all need such forgiveness and reconciliation with others and with God.
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END NOTES BJMP Jail Population Data, Bureau of Jail Management and Penology Website (http://www.bjmp.gov.ph/data/jail_population.html). 2 Michael D. Marasigan, ed., Key (Its Never Too Late) Magazine, January 2012, 49. 3 Dumaguete City, Wikipedia (http://en.wikipedia.org/wiki/Dumaguete). 4 Gordon Zerbe, Forgiveness and the Transformation of Conflict The Continuity of a Biblical Paradigm, in Reclaiming the Old Testament: Essays in Honour of Waldemar Janzen, edited by Gordon Zerbe (Winnipeg, Manitoba: CMBC Publications, 2001), 237. 5 Daniel W. Van Ness and Karen Heetderks Strong, Restoring Justice An Introduction to Restorative Justice 4th edition (New Providence, NJ, USA: LexisNexis Group, 2010), 41. 6 Restorative Justice, Dictionary.com, Collins English Dictionary - Complete & Unabridged 10th Edition, HarperCollins Publishers (http:// dictionary.reference.com/browse/restorative justice). 7 Restorative Justice, Wikipedia.com (http://en.wikipedia.org/wiki/ Restorative_justice). 8 Chris Marshall, The Little Book of Biblical Justice, (Intercourse, PA, USA: Good Books, 2005), 45. 9 Jeremiah 22:3-4, English Standard Version of the Bible. 10 Amos 5:24, English Standard Version of the Bible. 11 Zechariah 7:9-10, English Standard Version of the Bible. 12 Job 29:14. 13 Psalm 33:5. 14 Victor R. Salanga, Biblical Justice and Righteousness Includes Mercy and Kindness, in Justice That Heals Forgiveness and Reconciliation: A Source Book on Restorative Justice, edited by Rodolfo D. Diamante and Cesar R. Banaag (Manila, Philippines: Coalition Against Death Penalty), 13. 15 Salanga, 14. 16 Joel 2:13, New Revised Standard Version of the Bible. 17 Jonah 4:2, New Revised Standard Version of the Bible. 18 Salanga, 16. 19 Sycamore Tree Project, Center for Justice and Reconciliation, Prison Fellowship International (http://www.pfi.org/cjr/stp). 20 R.A. 9344, The Juvenile Justice and Welfare Act of 2006 (http:// www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html). 21 Lucio Sia, Restorative Justice: An International Perspective (http:// www.educ.cam.ac.uk/research/projects/restorativeapproaches/seminartwo/ SiaLucio.pdf).
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Restorative Justice and the Prison Ministry

BIBLIOGRAPHY
BJMP Jail Population Data, Bureau of Jail Management and Penology Website (http:/ /www.bjmp.gov.ph/data/jail_population.html). Collins English Dictionary - Complete & Unabridged 10th Edition. Restorative Justice. HarperCollins Publishers. http://dictionary.reference.com/browse/ restorative justice. Dumaguete City, Wikipedia (http://en.wikipedia.org/wiki/Dumaguete). Marasigan, Michael D., ed. Key (Its Never Too Late) Magazine. January 2012. Marshall, Chris. The Little Book of Biblical Justice. Intercourse, PA, USA: Good Books, 2005. Prison Fellowship International. Sycamore Tree Project, Center for Justice and Reconciliation. http://www.pfi.org/cjr/stp. R.A. 9344. The Juvenile Justice and Welfare Act of 2006. http://www.lawphil.net/ statutes/ repacts/ra2006/ra_9344_2006.html. Salanga, Victor R. Biblical Justice and Righteousness Includes Mercy and Kindness. In Justice That Heals Forgiveness and Reconciliation: A Source Book on Restorative Justice, edited by Rodolfo D. Diamante and Cesar R. Banaag, 12-17. Manila, Philippines: Coalition Against Death Penalty. Sia, Lucio. Restorative Justice: An International Perspective. http:// www.educ.cam.ac.uk/ research/projects/restorativeapproaches/seminartwo/SiaLucio.pdf. Van Ness, Daniel W. and Karen Heetderks Strong. Restoring Justice An Introduction to Restorative Justice 4th edition. New Providence, NJ, USA: LexisNexis Group, 2010. Wikipedia.com. Restorative Justice. http://en.wikipedia.org/wiki/ Restorative_justice. Zerbe, Gordon Forgiveness and the Transformation of Conflict The Continuity of a Biblical Paradigm. In Reclaiming the Old Testament: Essays in Honour of Waldemar Janzen, edited by Gordon Zerbe, 235-58. Winnipeg, Manitoba: CMBC Publications, 2001.

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