Reforming the Justice System: Focus on Restorative Justice

The Ministry of Justice made significant strides in 2006 including the advancement of the restorative justice agenda, the introduction of its Citizens’ Charter and the draft of the Victims’ Charter.  Additionally, the Ministry continued infrastructural development with the refurbishing of the Port Antonio Courthouse and the computerisation of the Office of the Director of Public Prosecutions (DPP).

Review of the Justice System

            In January, Attorney General and Minister of Justice, Senator A.J. Nicholson, announced, in his contribution to the State of the Nation Debate that the Government of Jamaica would be undertaking a comprehensive review of the island's justice system and would engage an expert in justice sector reform to lead the process.

            A contract for the undertaking was signed on August 31 between the Cabinet Office and the Ministry for the Strategic Review of the Justice Sector at Jamaica House and the Canadian Bar Association (CBA), who won the bid.

            The areas under review involve accessibility; cost-efficiency; quality; a multi-door approach; timeliness; transparency and accountability; performance measures, standards and targets; restorative justice; dispute resolution, citizen-centredness; and delivery points rationalization.

            Permanent Secretary in the Ministry, Carol Palmer, informed that the experts from the Canadian jurisdiction would assist in the analysis of the operations of the justice system with a view to a full modernization of the processes in keeping with the Public Sector Modernisation Programme (PSMP).  The review got underway in October and should be completed over a nine-month period.

            More than $87 million has been earmarked for the comprehensive review of the justice system to include the development of plans for the transformation of the Justice Ministry and its related institutions. Of the total, the Canadian International Development Agency (CIDA) will be contributing $59.35 million (CDN$1 million), while $28 million will come from the Government of Jamaica.

Restorative Justice and Dispute Resolution

            The drive to sensitise the public about restorative justice (RJ), continued in earnest as the Justice Ministry seeks to make RJ a major column in the reformed justice system.

            Through the Justice Education Unit, a series of presentations on RJ was organised, targeting corporate area high schools. On January 23, more than 200 students from Alpha Academy, Clan Carthy High School, St. George's College, Kingston College and Holy Trinity High School participated in a presentation at the Holy Trinity in Kingston.

  The students were given the opportunity to view the film, Hotel Rwanda, which related the atrocities of the genocide of the Tutsis by the Hutus in Rwanda in 1994.  

            Guest Presenter, Jorge Insausti, Deputy Chief of Mission of Argentina, listed the elements of the traditional justice system as “the law, the crime, and the punishment.” He identified RJ as one successful measure that is being used in his homeland, Argentina, and other countries to respond to crime.

            Another presentation took place on March 8 at Campion College in Kingston where Senior Governance Programme Manager for the Canadian International Development Agency (CIDA), Louise Valle, addressed fourth and fifth form students, of both Campion College and Priory High Schools.

            She said that as a result of the successful implementation of restorative justice in her country, there was a dramatic drop in the rate of recidivism, and some provinces had been reducing the number of youth correctional facilities that were operational, as these had become unnecessary.

            The Morant Bay Lay Magistrates Association as well as other groups participated in the sensitisation campaign, which is designed to introduce and spur debate on the subject.