All posts by CPNN Coordinator

About CPNN Coordinator

Dr David Adams is the coordinator of the Culture of Peace News Network. He retired in 2001 from UNESCO where he was the Director of the Unit for the International Year for the Culture of Peace, proclaimed for the Year 2000 by the United Nations General Assembly.

Youth Survey Report : Youth Knowledge & Interest in Peace Education

… EDUCATION FOR PEACE …

A survey by the Global Campaign for Peace Education

In April 2021, the Global Campaign for Peace Education (GCPE) conducted a youth-focused survey to better understand awareness of and interest in peace and social justice education among high-school and college-age youth. This report is the result of the Global Campaign’s findings and analysis. Ultimately, GCPE hopes that this report will provide insight into youth awareness of and interest in peace education in an attempt to increase youth engagement.


Interest regarding social justice issues among high school students surveyed from around the world (Click on image to enlarge)

The Youth Survey on Peace and Social Justice Education was conducted by the Global Campaign for Peace Education Youth Team, composed primarily of students in the Justice and Peace Studies Program at Georgetown University. Team members include: Keaton Nara, Caelan Johnston, Maude Peters, Heather Huang, and Gabby Smiley. The report and analysis was supervised by Micaela Segal de la Garza, Program Manager, and Tony Jenkins, Coordinator of the Global Campaign for Peace Education.

The Global Campaign for Peace Education Youth Team is following up with survey respondents to explore the development of a peace education youth network.

Key findings and recommendations are reproduced below. For additional details and analysis, download the complete report.

Key Findings

In terms of existing peace education projects and programs, respondents demonstrated the highest levels of interest in violence prevention, human rights, global development, global citizenship, and gender violence.

Respondents demonstrated the least amount of awareness in meditation and restorative practices.

There was a strong interest in social justice, specifically in regard to issues of gender violence, terrorism, and racial violence, all of which were identified as significant subjects across demographic groups.

For world college-age demographics – both enrolled and not enrolled in peace studies programs – political polarization was the top-rated subject for interest in social justice projects and programs.

Questions for this article:

How can we promote a human rights, peace based education?

In gauging interest in youth-focused training, the survey found that respondents demonstrated, on average, the highest level of interest in creative outlets (i.e. opportunities to bring in new ideas through creative expression)

Recommendations

The majority of respondents, regardless of age, location, or enrollment in peace studies programs, learned about peace education programs and projects outside of school. There is a distinct lack of formal peace education in schools despite marked interest.
Recommendation: Support the development of peace education opportunities in schools that address students’ interests; capacitate students with skills so they may advocate for peace education programming (something respondents showed strong interest in).

Peace education is inherently community-driven, and it is precisely that communal aspect that youth seem to be most interested in.

Recommendation: Create clubs in schools that educate students about peace education and simultaneously create a space to forge community ties; bring peace education to community centers; provide peace education after-school programs.

Providing opportunities for youth to be active participants in their education is of the utmost importance.

Recommendation: Peace education programming and content should be derived from and designed to meet students’ social justice interests and not just the interests of teachers/faculty.

Social media platforms are incredibly important for youth programming and community engagement. Instagram, Facebook, Twitter, and newsletters emerged as the most used tools among respondents.

Recommendation: Create social media platforms that engage youth; create posts that appeal to the specific topics within peace education that they express interest in; respondents demonstrated, on average, the highest level of interest in creative outlets for youth-focused training, and social media is an excellent medium for this.

Many respondents demonstrated interest in a new youth focused network, though enrollment in a peace studies program generally indicates a higher level of interest.

Recommendation: Develop a new youth focused network for those who are interested to become involved and make connections with one another.

Peace Education Advocacy

The GCPE has a particular interest in students being able to advocate for their own curriculum and education. Youth inclusion in decision making is of the utmost importance, which is why respondents were asked about their interest in learning skills to advocate for peace education in their schools and communities. In general, respondents demonstrated high levels of interest in learning peace education advocacy skills with the average response across groups being 3.6 with 5 being the highest level of interest. These trends are demonstrated in the graph (see original article).

EDUCATION FOR PEACE, global

US Must Take Russia’s Security Concerns Seriously

FREE FLOW OF INFORMATION

An article by by Natylie Baldwin in Antiwar.com

(Editor’s Note: In recent weeks, Russian President Putin has proposed new peace treaties between Russia and the US and between Russia and NATO. Google lists perhaps a hundred news articles that mention Putin’s proposals but nowhere in any of the articles could I find a reference to the actual text of the proposals or to the historical context that includes American assurances at the end of the Cold War that NATO would not be expanded towards Russia. Instead, the articles listed by google support American and NATO claims that that Putin’s proposals mask a justification for Russian invasion of the Ukraine. Finally, after a rather long and detailed search, I found the following article (not listed by google) that links to the treaty proposals and to the historical context. Here it is.)

Illustration from the blog of Natylie Baldwin

An American Russia expert recently observed that diplomacy is not a reward for good behavior. Rather diplomacy is a necessary activity required for averting war. Skilled diplomacy requires one to understand the perceived interests of the other side and what shapes those perceptions. This helps both sides to arrive at a mutually agreeable resolution that takes into account the most serious concerns of each. The Biden administration would be wise to give a fair hearing to the security concerns of the world’s other nuclear superpower at the upcoming meeting with Russia on January 10th in order to avert unnecessary escalation in Eastern Europe.

As Putin gets further into what could be his final term as president, he has decided to try to get a meaningful resolution to one of his top priorities: ensuring Russia’s national security. If he can successfully resolve this issue, he may feel freer to open up the purse strings and invest more in his other top priority: raising Russia’s living standards, which have fallen behind as a result of the austerity  that has been imposed as the Russian government has focused on macroeconomic stability to make the economy “sanction-proof. ”

He has started by offering a proposed draft agreement between  Russia and the US and one between  Russia and NATO that guarantee no further eastward expansion of NATO and no stationing of US/NATO troops in Ukraine or intermediate- and short-range missiles in Europe.

While it may seem like Russia is making extreme demands and offering no concessions of its own in return, one must keep a few points in mind. First, at the beginning of negotiations, parties will typically start with maximalist positions with the idea that they will be whittled down during talks to something they can live with. Second, Russia has genuine security concerns that many Americans are not aware of because most media has made little attempt to explain Russia’s perspective with regard to its disagreements with the US-led west.

(Article continued in the column on the right)

Question related to this article:
 
Free flow of information, How is it important for a culture of peace?

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Lacking some of the natural barriers that Americans take for granted, Russia has a history of invasions from the West, including Germany twice in the 20th century – having come through the Polish/Ukrainian corridor. Hitler’s invasion in WWII resulted in around 27 million dead Soviets and destruction of a third of the country. These perceived security interests are driven by historical experience and therefore represent a Russian view, not simply a Putin view.

With this heavy history, Mikhail Gorbachev was hesitant to allow a reunified Germany during 1990 negotiations with western leaders. Declassified government documents  reveal that in order to secure Gorbachev’s agreement, he was promised verbally more than once by US Secretary of State James Baker and other western officials that NATO would not move “one inch eastward.”

After the mutually negotiated end of the Cold War and subsequent dissolution of the Warsaw Pact, NATO had lost its reason for existence and had to resort to finding other justifications for remaining in business. This project was assisted by political ideologues , such as Zbig Brzezinski and Neoconservatives, as well as intense defense contractor lobbying  which helped spur NATO expansion rather than a re-negotiation of a European security architecture that would ensure the security of all parties. From Russia’s perspective, it made sense to ask: if the Cold War had ended, Russia had voluntarily given up its empire and was no longer an enemy, then why was NATO being expanded with Russia excluded from these new security arrangements?

Not only has the US overseen several rounds of NATO expansion since 1999, it has unilaterally withdrawn from several important treaties governing arms control. The first is the ABM Treaty, the abrogation of which Russia viewed as a threat to its nuclear retaliatory capability. There is also the INF Treaty, the dissolution of which will now allow the US to potentially station intermediate range missiles in Europe, representing another perceived danger to Russia’s security interests.

Then there was the US-supported coup that removed the corrupt but democratically elected leader of Ukraine in 2014, which sparked deeper dissension in a country that has political and cultural divisions that go back centuries. The cold hard reality is that Ukraine has more strategic and historical significance to Russia than it could ever have to the US thousands of miles away. Russia also has the advantage of proximity in the event of a military conflict. The US should seriously reconsider the wisdom of paying lip service to Ukraine’s military defense for any such scenario. Ukraine is the poorest  country in Europe and also one of the most corrupt . Ukraine would provide no benefit to NATO as a member and it’s safe to say that neither Americans  nor most Europeans  would be willing to die for it. Ukraine would be best served if it were militarily neutral and allowed to negotiate economically beneficial relations with both Russia and the West, with the most extreme political elements in the country discouraged from their most reckless inclinations.

It’s time for the US to get beyond its post-Cold War triumphalist mentality and pursue practical diplomacy with Russia. Insisting that all countries have the right to decide what military alliances they join without regard to the larger real world context is a nonstarter. Everyone knows the US would never take this attitude if Russia and China decided to lure Canada or Mexico into joining a military alliance with them.

The Russia of 2022 is not the Russia of the 1990’s. In order to get something, the US-led west will now have to give something. That means a willingness to seriously address Russia’s security concerns. It remains to be seen if the US is capable of the shift in mindset needed to rise to the occasion.

DISARMAMENT & SECURITY, Europe, FREE FLOW OF INFORMATION, global,

Amnesty International : 33 human rights wins to celebrate this year

… . HUMAN RIGHTS … .

An article from Amnesty International

It’s been a busy year for Amnesty International with positive changes taking place around the world. Laws have been rewritten, awards have been won, prisoners of conscience released and our supporters have continued to campaign with passion to ensure people can live free from torture, harassment or unjust imprisonment. Here’s a round-up of human rights wins to celebrate this year…

January

Global: Amnesty International’s ground-breaking report  on how health workers around the world had been exposed, silenced and attacked during the Covid-19 pandemic resulted in Ibrahim Badawi, a doctor, and Ahmad al-Daydoumy, a dentist, being released from detention in Egypt in January and March this year. They were just two of the many health workers arbitrarily detained in 2020 in Egypt, on vague and overly broad charges of “spreading false news” and “terrorism”, which Amnesty highlighted in its research.

February

Sri Lanka: Following the outbreak of Covid-19 in Sri Lanka, a number of people from the Muslim community were forcibly cremated on the instructions of the authorities and against the wishes of the deceased’s families. Amnesty International called for Sri Lanka’s authorities to respect the right of religious minorities to carry out the final rites of their relatives in accordance with their own traditions unless restrictions were needed to prevent the spread of COVID-19. Amnesty also engaged with Organization of Islamic Cooperation (OIC) states to impress upon the Sri Lankan government to change this discriminatory policy, and placed op-eds in Pakistan and Bangladesh ahead of a key session of the United Nations Human Rights Council. As a result, Sri Lankan authorities decided to end the practice of forced cremations for victims of Covid-19 in February.



March

Bahrain: Amnesty International helped to secure several prisoner releases in Bahrain this year, including four children who had been tried as adults. In March, a Bahraini court suspended a six-month prison sentence against the four and placed them in a rehabilitation programme instead – one week after Amnesty issued an urgent action. In April, there was more good news with the release of prisoner of conscience, Mohammed Hassan Jawad, who had been serving a 15-year prison sentence for his peaceful participation in the 2011 uprising. Amnesty International has been campaigning for his release for a decade. In another breakthrough, on 11 March, the European Parliament adopted a resolution  on Bahrain’s human rights situation and its treatment of human rights defenders, followed by another  in September on Emirati prisoner of conscience Ahmed Mansoor – which echoed Amnesty’s recommendations.

Japan: In March, a Japanese court ruled that the government’s failure to recognize same-sex marriage was unconstitutional – the country’s first-ever judicial ruling on marriage equality. The decision was a ground-breaking step for same-sex couples in their pursuit of equal rights and could set an important precedent for similar cases filed by other same-sex couples in Japan. This followed campaign calls and petitions  from Amnesty International and others.

Iraq: The Iraqi parliament passed the Yezidi Survivors Law  which provides a framework for reparations for many survivors of ISIS atrocities in northern Iraq, including women and girls who were subjected to sexual violence and child survivors who were abducted before the age of 18. This was a key recommendation in a report published last year  by Amnesty International on the physical and mental health crisis endured by Yezidi children separated from their families. The report was also referenced by Angelina Jolie in a speech  to the UN Security Council regarding sexual violence in conflict. Additional bylaws were passed in September.

Global: In March, October and November, the International Criminal Court (ICC) announced it would open formal investigations into the situation in the Occupied Palestinian Territory, the Philippine  government’s deadly ‘war on drugs’ and crimes against humanity in Venezuela. Amnesty International has been documenting crimes against humanity in all these countries for several years, its research was cited dozens of times in the Prosecutor’s filing.

Madagascar: After months of refusing to acknowledge https://www.dailymaverick.co.za/article/2021-03-22-danger-and-despair-in-madagascar-president-rajoelina-opts-for-miracle-cure-over-covid-19-vaccine/Covid-19, the Malagasy government finally dropped its policy of refusing to order Covid-19 vaccines following pressure from Amnesty  and others – giving more people a chance to access life-saving vaccines.

South Africa: In March, police revived an investigation into the 2017 murders of best friends Popi Qwabe and Bongeka Phungula, after receiving a petition  signed by more than 341,000 Amnesty International supporters worldwide demanding that their killers be brought to justice. The police have now completed their investigation and handed over the case to the country’s National Prosecuting Authority. After years of distress and anger over irregularities and delays in the original police investigation, Popi and Bongeka’s friends and families finally have reason to believe that justice for their loved ones is on the horizon. “I feel optimistic,” said Popi’s sister Thembelihle. “I feel like finally, something is about to change.”

April

Global: Amnesty International released its flagship annual report, The State of the World’s Human Rights. This latest edition covered the human rights situation in 149 countries and was translated into a record 38 languages. It also included specific advocacy calls on a range of human rights issues.



May

Global: Amnesty International won a prestigious Webby Award  for its microsite on the abuse of tear gas by police forces around the world. The site was originally launched in mid-2020, and is frequently updated with new content and evidence of abuses. The material is also still being cited in ongoing advocacy, including in recent US Congressional debates around regulating or banning police use of tear gas.

June

Burundi: NGO worker and human rights defender Germain Rukuki was released from prison  after spending more than four years behind bars for standing up for human rights. Initially sentenced to 32 years in prison on baseless charges, Germain was jailed before getting a chance to hold his youngest child, born just weeks after he was detained in July 2017. After more than 400,000 actions calling for his release, Germain is looking to be reunited with his family, who fled the country for fear of reprisals.

China: Amnesty International published an extensive report detailing how the draconian repression faced by Muslims in China’s Xinjiang Uyghur Autonomous Region amounts to crimes against humanity. The report garnered significant global media coverage, and was followed up with a campaign calling for the closure of the internment camps. To date, the ‘Free Xinjiang Detainees’ petition  has been signed by more than 323,000 people around the world and Amnesty International’s national teams in 10 countries have held petition handover events.

Pakistan: Amnesty International successfully campaigned for the acquittal and release of  Shafqat and Shagufta Emmanuel, a Christian couple, who spent seven years on death row on blasphemy charges.

USA: Decode Surveillance  NYC saw more than 7,000 Amnesty International supporters from 144 countries map 15,000 surveillance cameras across New York City which can be used by the NYPD to track people using facial recognition software. The results of the innovative project helped campaigners push local legislators for a ban on the use of the discriminatory technology.

Nepal: After the launch of Amnesty International’s report, “Struggling to breathe”: The second wave of Covid-19 in Nepal, which was followed by sustained campaigning and advocacy initiatives, the Japanese government donated 1.6 million vaccines to Nepal, Bhutan donated 230,000 and the UK donated 130,000 doses.

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Question(s) related to this article:
 
What is the state of human rights in the world today?

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Nigeria: The Court of Justice of the Economic Community of West African States (ECOWAS) granted an order to prohibit Nigerian authorities from prosecuting anyone using Twitter in the country. This victory for freedom of expression came after Amnesty International  helped Nigerian NGO, the Socio-Economic Rights and Accountability Project (SERAP), to bring a case against the Nigerian authorities over their threat to prosecute anyone using Twitter after they implemented a blanket ban on the social platform in June.

July

Nicaragua: After more than two years locked up in an immigration detention facility in California where she was abused and denied access to adequate medical care, Maura Martínez, a transgender woman originally from Nicaragua, was finally freed in July.  Martínez had spent half her life in the United States where she sought safety after experiencing relentless gender-based violence while living in Mexico. However, after a legal incident, US authorities detained and threatened to deport her. Thanks to a global campaign by Amnesty International and partner organizations, she is now free and able to live in the USA while she awaits the adjudication of her asylum claim.

Honduras: On 5 July 2021, a court in Honduras convicted David Castillo, the former manager of the company Desarrollos Energéticos and the person in charge of the Agua Zarca hydroelectric project, of participating in the 2016 murder of the human rights defender Berta Cáceres. Amnesty International has campaigned for justice for Berta for years and continues to demand that all those responsible for ordering or carrying out her murder face justice.

Denmark: In early 2021, the Danish government proposed a draft law to parliament granting police the power to issue a “security-creating assembly ban” if a group of people exhibited “insecurity-inciting behaviour”. Amnesty Denmark and partners successfully prevented the Danish government from passing the law, which would have put undue restrictions on the right to protest. They won the Civic Pride Award 2021  for their campaigning. Another award winner was Amnesty Hungary, which campaigned against the abusive and stigmatising LexNGO law, as part of the Civilisacion coalition. Over 3 years, the coalition fought LexNGO, taking the case to the European Court of Justice, which eventually led to the repeal of the law.

Sierra Leone: After years of sustained campaigning from Amnesty International and others, the parliament voted to abolish the death penalty in Sierra Leone  for all crimes. The Act, approved by parliament in July, was being finalised before President Julius Maada Bio can sign it into law. The process of commuting all outstanding death sentences has already begun. As of 30 June 2021, 21 countries in Sub-Saharan Africa had abolished the death penalty for all crimes.

Latin America: Amnesty International celebrated the achievements of its five-year human rights education programme, It’s My Body!, which set out to educate young people in Argentina, Chile and Peru about sexual and reproductive rights, enabling them to make positive changes in their community. Hundreds of young people were trained to provide support to others and the impact has been incredible. In Argentina, one young person successfully reformed a school curriculum to include comprehensive sexuality education, while in Peru, young people who took part in the project trained parents and teachers across the country.

USA: After the previous US federal administration carried out 13 executions in six months, on 1 July 2021, the US Attorney General Merrick Garland announced the establishment of a moratorium on executions pending the review of policies and procedure by the Department of Justice. Amnesty International has been one of the organizations campaigning for this outcome and will continue to work until this temporary measure is turned into permanent abolition of the US federal death penalty [and all death sentences are commuted.

August

Afghanistan: Following the collapse of the Afghanistan government after the Taliban seized power in mid-August 2021, Amnesty International researchers continue to investigate atrocities committed by the group and were able to verify two massacres of Hazara people in the provinces of Ghazni  and Daykundi  by Taliban fighters. These reports were among the first evidence that the Taliban continued to persecute marginalized communities in Afghanistan as they took control of the country. Amnesty International also published powerful testimony from girls  who were excluded from school, amidst ongoing Taliban threats and violence.



September

Guinea: After months of campaigning  from Amnesty International and its supporters, pro-democracy activist Omar Sylla was unconditionally released on 6 September, the day after the military led a coup against President Alpha Conde. Following his release, dozens of political activists were also released and charges were dropped by the judiciary.

Tunisia: Research by Amnesty International helped to end the practice of arbitrary travel bans imposed on many Tunisians following President Kais Saied’s seizure of exceptional powers. After Amnesty published a story on the situation, the president issued a statement  on 17 September ordering the border police “not to impose any travel ban on people unless through a judicial order”.

Global: Following years of advocacy, pressure and engagement from Amnesty International, the Human Rights Council recognized the Right to a Safe Clean Healthy and Sustainable Environment and created a Special Rapporteur on Human Rights and Climate Change – an emphatic statement leading up to COP26 about the link between human rights and the environmental crisis.

Central African Republic: Two men suspected of crimes against humanity Mahamat Said Abdel Kani and Eugene Barret Ngaikosset were finally arrested, with Ngaikosset placed in custody by the Special Criminal Court (SCC). It was the first time the SCC publicly named  a suspect and it came after Amnesty International called  for the SCC to address its lack of transparency. Amnesty International has been advocating for justice for war crimes and crimes against humanity committed in CAR for a number of years and our work – together with others – contributed to these two individuals being arrested.

October

Global: The European Parliament’s Daphne Caruana Prize for Journalism was awarded to the Pegasus Project, which saw Amnesty partner with major media organizations to expose the vast scale of violations perpetrated through secretive cyber surveillance. The revelations made global headlines and led to spyware company NSO Group being blacklisted by the USA, as well as triggering investigations in multiple countries, and calls for the surveillance industry to be properly regulated.

Moldova: The parliament of Moldova ratified the Council of Europe Convention on the Prevention and Suppression of Violence against Women and Domestic Violence (Istanbul Convention), opening the door to better protection and support to survivors of domestic violence and violence against women. According to the Moldovan government, the country has already adapted more than 20 legislative acts to meet the requirements of the convention. To date, the only other country in Eastern Europe and Central Asia to ratify the convention, in addition to Moldova, is Georgia. Amnesty has been actively promoting women’s rights and the fight against domestic violence for years.

Kosovo: Following an intervention from Amnesty International, Austrian-based Kelkos Energy withdrew its baseless defamation lawsuits  against environmental activists Shpresa Loshaj and Adriatik Gacaferi, who had publicly raised concerns about the environmental impact of hydropower projects. Austrian-based Kelkos Energy was using these lawsuits to intimidate and silence Shpresa and Adriatik from speaking out about the possible environmental damage caused by the company’s exploitation of Kosovo’s natural resources.

Turkey: A court acquitted  18 students and an academic who had been prosecuted for taking part in a peaceful campus-based Pride parade in Ankara in May 2019, which was met with police using pepper spray, plastic bullets and tear gas. Their acquittal after a protracted legal battle was a victory for justice. The case of the METU students was part of Amnesty International’s flagship Write for Rights campaign in 2020. More than 445,000 people from 43 countries demanded their acquittal.

Global: Following pressure from Amnesty’s international and partner organisations, the Executive Office of the UN Secretary-General announced plans to mainstream children’s rights within the UN system. The announcement followed a successful UN side-event organised jointly by Amnesty International and its partners, featuring an address by Amnesty’s Secretary General, Agnes Callamard.

November

Guinea Bissau and Niger: Guinea Bissau and Niger declared  they would allow individuals and NGOS to submit complaints to the African Court on Human and Peoples’ Rights, bringing the number of countries to sign the declaration to eight. Amnesty’s advocacy campaign was pivotal, thanks to its educational video, social media campaign and sustained engagements with African Union actors and civil society groups.

global, HUMAN RIGHTS

United States : Marquette Law School Establishes Center for Restorative Justice

. . DEMOCRATIC PARTICIPATION . .

An article by Rebecca Kelliher in Diverse, Issues in Higher Education

Marquette University recently announced its creation of the Andrew Center for Restorative Justice at Marquette Law School. To establish the Center, Marquette alumni couple Louis and Suzanne Bouquet Andrew have committed $5 million. Janine P. Geske, a retired professor of law at Marquette and a current trustee of the University, will be the Center’s inaugural director.

In a statement, Geske described restorative justice as “a powerful, peace means for addressing conflict, promoting healing, and facilitating problem solving that differs from current mediation practices.” Until 1998, Geske had been a justice of the Wisconsin Supreme Court before teaching restorative justice to students for about twenty years. Prior to her retirement at Marquette, Geske directed the Law School’s Restorative Justice Initiative. 

“It has been my dream to have a permanent restorative justice program at Marquette Law School,” she said. “As a judge and attorney, I experienced both the successes of our criminal justice system as well as its failures in bringing restoration to victims and communities harmed by crime. I left the bench because I wanted to help better address the needs of those who have been harmed and marginalized in society.”

The Center will build upon Geske’s work, training law students in how to use restorative justice at local, national, and international levels. Restorative justice often involves lawyers, judges, or other professionals who engage in a guided civil dialogue to address conflict, promote healing, and facilitate problem solving. Such dialogues can be between the victim, the victim’s family members, the offender, and other members of the impacted community.

(Article continued in right column)

Discussion question

Restorative justice, What does it look like in practice?

(Article continued from left column)

“I am most excited that this gift will enable us to continue Janine’s restorative justice work in a robust way and thereby help give our students a broad sense of what the possibilities are for lawyers in not just the legal system per se but in serving the community generally,” said Joseph D. Kearney, dean of Marquette Law School and a professor of law.

He noted that recent years have drawn greater attention to how a crime harms not only the victims but surrounding communities. A restorative justice approach aims to mend these ripple effects alongside or separate from the formal processes of the legal system.

“This is not intended in most instances to be an alternative to traditional criminal law or a way for people who have committed a substantial wrong to get a lesser consequence for their action by making a face-to-face apology,” said Kearney.

The Center will also support faculty research and strengthen restorative justice work in the wider community. Geske previously participated in restorative justice efforts that addressed bullying in primary and secondary schools, for instance. This sometimes involved creating a safe setting for a student who was bullied to enter an open dialogue with the student who did the bullying. Through the Center, such community work could be expanded, including training school counselors in similar techniques.

Kearney added that restorative justice can be highly sensitive work. In some cases, a facilitator like Geske could work with an offender and victim for up to a year on taking steps toward restorative justice before deciding it is appropriate for the two to have a face-to-face discussion.

“And in some instances, it will be evident that it will not be appropriate, that there may be too great a risk of re-traumatizing the victim,” said Kearney. 

Such delicacy in restorative justice highlights to Kearney why someone as skillful as Geske is an ideal person to come out of retirement to get the Center off the ground. Later this month, Geske will facilitate the Center’s launch and, while director, help search for its permanent director.

“It is so exciting that because of the Andrews’ generous gift, we will be able to permanently support the teaching, practicing, and promoting of restorative processes to some of our society’s greatest problems,” she said. 

DEMOCRATIC PARTICIPATION, North America

Argentina : Federal Network of Centers for Community Mediation and Training in School Mediation with an Example from Province of Buenos Aires

… EDUCATION FOR PEACE …

Articles from the Government of Argentina and Colegio de Escribanos, Province of Buenos Aires (translation by CPNN)

On December 16, the National Directorate of Mediation and Participatory Methods of Conflict Resolution, held the “National Meeting of the Federal Network of Community Mediation Centers and Training in School Mediation”.

Participants were judiciary officials coming from national, provincial and municipal executive governments; Presidents of Associations and foundations; National and Provincial Universities, all being members of the Network of Community Mediation Centers .
It was an enriching meeting, where experiences and developments of public policies for the strengthening of the Network were shared.

For the year 2022, an agenda of successive regional meetings and an annual closing event for the month of September are projected.

The objective of the “Juan José Cinqualbrez” Institutional Mediation Center is to carry out voluntary mediation (Law 13951), to disseminate mediation, its principles and characteristics, to train mediators, to create the Centers in each of the Delegations of the Association of Notaries, to organize conferences, forums, conferences, workshops, courses, sign collaboration agreements with national and foreign entities.

Our vision is to promote active social participation in conflict management, which will allow the co-construction of peaceful coexistence, and our mission is to contribute through processes of consensus and dialogue to access to justice for all social components.

Who are the mediators?

People trained and trained in resources and techniques in the art of managing conflicts, and effective communication. Their functions are:
°Accompany the parties within the framework of a trustworthy space.
° Guide the process.
° Facilitate dialogue between the parties.
° Balance the differences.
° Promote active listening.
° Maintain a climate of respect.
° To not judge or decide for the parties.

Question for this article:

Mediation as a tool for nonviolence and culture of peace

(Article continued from left column)

The Advantages are :
° It provides a trustworthy space for dialogue.
° It is a short and inexpensive procedure.
° The parties agree on the solution to their conflict cooperatively.
° It ensures the secrecy of what is manifested, helping to maintain bonds and to balance power.

The parties :
° They are the protagonists of the mediation process.
° They will go from being two parties in conflict to being two parties to the conflict.
° They can go to mediation by themselves or accompanied by their lawyers.

What is the mediation clause?

It is a provision suggested by the College of Notaries to be incorporated into all contracts and regulations in which the notary intervenes. It is about adding a legend where it is stipulated that “in the event that divergences or adversarial conflict situations arise between the parties to the contract (…), the grantors voluntarily agree to submit to the Voluntary Mediation procedure for its solution (Law 13951), through the intervention of the mediators of the ‘Institutional Center of Mediation of the Association of Notaries of the Province of Buenos Aires’ with headquarters at Avenida 13 No. 770 of the city of La Plata (or its Mediation Center of the Delegation… of said Institution, domiciled at…”

Where can this clause be inserted?

This clause may be, for example, in: sales tickets; lease contracts; loan contracts; constitution of mortgages; business partnership agreements; constitution of use; room, servitude; constitution of usufruct; constitution of civil companies; constitution of sports clubs; association statutes; statutes of neighborhood and development societies; constitution of foundations; horizontal property regulations; constitution and dissolution of condominiums, among others.

Mediation centers:

To find out about the Mediation Centers, click here.

Suggested clause

To access the suggested mediation clause, click here.

(click here for the original version in Spanish).

EDUCATION FOR PEACE, Latin America

Granada, Spain : The Mediation Group shows members how to put the transformative model into practice

… EDUCATION FOR PEACE …

An article from the Illustre Colegio de Abogados de Granada (translation by CPNN)

In the field of Mediation there are different schools that offer diverse procedural dynamics depending on the type of conflict in question. One of them is the transformative perspective, where the focus is on the process, and not so much on the agreement. This model was discussed during the last session of the ‘Afternoons of Mediation’ cycle organized by the Specialized Mediation Group of the Granada Bar Association on December 15.

(click here for the original version in Spanish).

Question for this article:

Mediation as a tool for nonviolence and culture of peace

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The person in charge of informing the lawyers on this matter was the lawyer and international mediator Gustavo Fariña. He was introduced by the president of the group, Margarita Manzano Enríquez de Luna. The expert began by explaining that the most efficient method for conflict resolution is the one where the interest of the parties is used as a basis. This is more effective than application of the Law or the use of power, and in this way mediation can facilitate self-determination and the humanizing power of dialogue.

Next, the speaker argued that this conflict resolution system should be standardized, installed and promoted, since it favors a more democratic and peaceful culture in society in the resolution of conflicts. It returns the leading role to the parties in making decisions in conflicts, allows the parties to develop communication skills, makes it possible to decongest the Administration of Justice, provides society with greater access to Justice and makes people feel that they have regained their own voice.

Fariña also shared with the attendees of this online conference the transformative approach, where the focus is on the transformation of the interaction in the conflict, rather than its resolution. This helps to alleviate the effects of weakness and self-absorption that caused the problem and it produces a shift towards strength and empathy.

Finally, the mediator explained the transformative practices. These include : reorienting the intervener’s mission and commitment towards conflict transformation; maximizing the choice and control of the parties in terms of content and process, to increasing the intervener’s transparency: avoiding the use of pressure, manipulation and overreaction; and promoting the conversation between the parties.

EDUCATION FOR PEACE, Europe

Panama : Management results in 2021 of the Coordination Office of the Community Mediation Program

… EDUCATION FOR PEACE …

An article from the government of Panama (translation by CPNN)

The Coordination Office of the Community Mediation Program presented the main results achieved during the management period corresponding to the year 2021, in order to make visible the efforts and collaborative work carried out by each of the team members.

The presentation was given by Thaiska T. Tuñón Solano, head of the Coordination Office, and community mediators from the Administration Attorney’s Office participated.

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Question for this article:

Mediation as a tool for nonviolence and culture of peace

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Tuñón highlighted that, despite the difficulties encountered in the current context generated by the public health situation, important results were attained. Among these, he highlighted the resumption of agreements with different local authorities and national and international organizations to guarantee the operation of the Community Mediation Centers, in addition to the participation in different virtual academic activities at the international level to strengthen national and international technical cooperation.

The actions carried out collaboratively with the Norwegian Council for Refugees were highlighted, as well as the sensitizations developed in the community by each of the Community Mediation Centers. Also, he mentioned that most cases continue to be initiated voluntarily, that is, that the citizen directly attends the Center to request the conflict management service without the intervention of a judge or other authority.

(click here for the original version in Spanish).

EDUCATION FOR PEACE, Latin America

Centers for Mediation, Conciliation and Restorative Justice in the State of Mexico

… EDUCATION FOR PEACE …

An article from Hacienda Cuautitlan (translation by CPNN)

PROCESS

STAGES OF MEDIATION AND CONCILIATION

The mediation and conciliation services provided by the Center can be initiated at the request of the interested party or by referral from the Public Prosecutor’s Office or the judge who hears the matter, when the willingness of the interested parties to resolve their disputes through any of these methods is confirmed. This can begin before starting a judicial process, during the process or after it has concluded.


Click on image to enlarge.

1. REQUEST FOR MEDIATION AND CONCILIATION

The person interested in resolving their conflict through these channels must go personally or, where appropriate, through their legal representative with power of attorney to the State Center headquarters closest to their home with the original and a simple copy of their official identification , as well as the location data of the person you want to invite (full name, address and telephone number, if you know it).

If you wish to expedite this service, you can have the Service Request Form printed with the requested data.

2. START OF THE MEDIATION OR CONCILIATION PROCESS

Each Center has Secretaries or Operational Secretaries, who will verify if the conflict is susceptible to mediation, conciliation or subject to a restorative process, in accordance with the law. If so, a file is started that includes the data of both parties.

Finally, you will be provided with the date for the initial mediation or conciliation session, the corresponding file number and the name of the Mediator-Conciliator or Facilitator who will assist you.

The Secretary and/or Operational Secretary will make the invitation and turn it over to the Social Worker so that he/she invites the other person or persons to attend on the scheduled date; In addition, he reports the matter to the Mediator-Conciliator and Facilitator who will be responsible for assisting him.

3. INVITATION

A social worker comes to the house of the invited person delivers the invitation, letting him know that there is a person interested in discussing the conflict in common to seek alternative solutions, through mediation or conciliation.

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(click here for the original version in Spanish).

Question for this article:

Mediation as a tool for nonviolence and culture of peace

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4. MEDIATION AND/OR CONCILIATION SESSIONS

On the date and time indicated to the parties, the Mediator-Conciliator assigned to the matter waits for the parties.

If both parties show up, the session will begin, which takes place in a private and comfortable space. On the first occasion, the Conciliatory Mediator explains the purposes of the procedure, the rules that allow a respectful dialogue and ascertains the willingness of the parties to seek a solution to their dispute.

The Mediation or Conciliation sessions are oral and all that are necessary for the resolution of the conflict are carried out.

In each session, the people involved will have the opportunity to actively intervene, by expressing their needs, emotions, feelings and proposals, in an environment of trust, cordiality and respect guided by the assigned Mediator-Conciliator.

If the parties reach one or several points of agreement, it will be recorded in an agreement, a copy of which is given to those involved.

5. CONCLUSION OF THE MEDIATION OR CONCILIATION

In accordance with the Regulation of the Law of Mediation, Conciliation and Promotion of Social Peace for the State of Mexico, the request may be inadmissible or the mediation, conciliation or restorative justice procedure may be terminated, in case it becomes evident that the process of the alternative method is based on dishonest presentations.

6. AGREEMENT AUTHORIZATION

The head of the Mediation and Conciliation Center must ensure that the agreement does not contain dishonest consent, that it does not contravene morality or public order provisions, as prerequisites for its authorization.

When agreements are reached, they are signed by all the interested parties, include the fingerprints of the signatories, the signature of the Mediator-Conciliator who intervened and, finally, the signature of the head of the Mediation and Conciliation Center and the institutional seal.

7. EFFECTS OF JUDICATION

Once the agreement or agreement has been signed and authorized, it will have the same effectiveness between the parties as res judicata, and may be executed, in the event of non-compliance, by way of enforcement, provided for in the Code of Civil Procedures of the State of Mexico.

8. BREACH OF AGREEMENT

In case of non-compliance with the agreement, the parties have the right to choose whether to proceed to its execution by way of enforcement before the competent judge; or they initiate a new mediation or conciliation process.

http://www.pjedomex.gob.mx/conciliacion/#

EDUCATION FOR PEACE, Latin America

Indian Ministry of Law and Justice : The Mediation Bill, 2021

… EDUCATION FOR PEACE …

A project of law from PRS India

 The Mediation Bill, 2021 was introduced in Rajya Sabha on December 20, 2021.  Mediation is a form of alternative dispute resolution (ADR), where parties attempt to settle their dispute (outside courts) with the assistance of an independent third person (mediator).  The Bill seeks to promote mediation (including online mediation), and provide for enforcement of settlement agreements resulting from mediation.  Key features of the Bill include:

° Applicability: The Bill will apply to mediation proceedings conducted in India where: (i) all parties reside in, are incorporated in, or have their place of business in India, (ii) the mediation agreement states that mediation will be as per this Bill, or (iii) there is an international mediation (i.e., mediation related to a commercial dispute where at least one party is a foreign government, a foreign national/resident, or an entity with its place of business outside India).  In these cases, if the central or state government is a party, the Bill will only apply to: (a) commercial disputes, and (b) other disputes as notified by such government.

° Pre-litigation mediation: In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching any court or certain tribunals as notified.  Even if the parties fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage of the proceedings refer the parties to mediation if they request for the same.

° Disputes not fit for mediation: Disputes not fit for mediation include those: (i) relating to claims against minors or persons of unsound mind, (ii) involving prosecution for criminal offences, (iii) affecting the rights of third parties, and (iv) relating to levy or collection of taxes.  The central government may amend this list of disputes.
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Question for this article:

Mediation as a tool for nonviolence and culture of peace

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° Mediation process: Mediation proceedings will be confidential.  A party may withdraw from mediation after the first two mediation sessions.  The mediation process must be completed within 180 days (even if the parties fail to arrive at an agreement), which may be extended by another 180 days by the parties.  In case of court annexed mediation (i.e., mediation conducted at a mediation centre established by any court or tribunal), the process must be conducted in accordance with directions or rules framed by the Supreme Court or High Courts.

° Mediators: Mediators only assist the parties to settle their dispute, and cannot impose a settlement on the them.  Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation service provider (an institution administering mediation).  Mediators must disclose any conflict of interest that may raise doubts on their independence.  Parties may then choose to replace the mediator.

° Mediation Council of India: The central government will establish the Mediation Council of India.  The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including Secretaries in the Ministries of Law and Justice and Finance), and one part-time member (from an industry body).  Functions of the Council include: (i) registration of mediators, and (ii) recognising mediation service providers and mediation institutes (providing training, education and certification of mediators).

° Mediated settlement agreement: Agreements resulting from mediation must be in writing, signed by the parties and authenticated by the mediator.  Such agreements will be final, binding, and enforceable in the same manner as court judgments (except agreements arrived at after community mediation).  Mediated settlement agreements (besides those arrived at in court referred mediation or by Lok Adalat or Permanent Lok Adalat) may be challenged only on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to disputes not fit for mediation.

° Community mediation: Community mediation may be attempted to resolve disputes likely to affect the peace and harmony amongst residents of a locality.  It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of RWAs).

° Interface with other laws: The Bill will override other laws on mediation (except certain laws such as the Legal Services Authorities Act, 1987, and the Industrial Relations Code, 2020).  The Bill also makes consequential amendments in certain laws (such as the Indian Contract Act, 1872, and the Arbitration and Conciliation Act, 1996). 

EDUCATION FOR PEACE, South Asia

Council of Europe : Ministerial Conference on restorative justice concludes with the signature of the Declaration of Venice

. . DEMOCRATIC PARTICIPATION . .

An article from the Council of Europe

Encouraging the use of restorative justice, especially when the offences involve minors, and considering it an essential part of training for legal professionals are two of the main recommendations made to the Council of Europe by the Ministries of Justice of the organization’s Member States who took part in the Conference of Ministers of Justice, on the theme of restorative justice, in Venice on 13th and 14th December.

Discussion question

Restorative justice, What does it look like in practice?

Organised within the scope of the Semester of the Italian Presidency of the Committee of Ministers of the Council of Europe, the conference “Crime and Criminal Justice – The Role of Restorative Justice in Europe” enriches the program of initiatives supporting the construction of a people-orientated future through the promotion of a citizen-friendly juridical system, one of the three priority areas for Italy’s Presidency. As part of this wider context, restorative justice supports the function of the sentence, both as an opportunity for rehabilitation of the offender and for recovery of the victim.

The two-day Ministerial Conference concluded with the signing of the Venice Declaration, a joint document that stimulates policies aimed at a wider dissemination of restorative justice, access to which “should be an objective of the national authorities”. There were two days of reflections, analysis and testimonies on the topic, such as those offered by Albie Sachs, the former Judge of the Constitutional Court of South Africa, and by Professor Pumla Gobodo Madikizela of Stellenbosh University, who participated online. Both who shared their own accounts of reconciliation experienced in South Africa under Apartheid.

At the opening and closing of the meetings there were two speeches by the Minister of Justice Marta Cartabia, who defined restorative justice as “a new form of justice for the benefit of the victims, the perpetrators of the crime and for the whole society, which can rebuild the social bonds destroyed by crime. Restorative justice – she concluded – is not a utopia but derives from concrete experiences that have already taken place in many states”.

DEMOCRATIC PARTICIPATION, Europe