Restorative Justice in Ghana
What is restorative justice?
It focuses on repairing the harm caused by crime or conflict by involving all parties affected, including victims, offenders, and community members. It aims to address the needs of everyone involved and to promote healing, reconciliation, and safety.
What is the current state of Restorative Justice in Ghana?
Most offences attract a punitive retributive response from our Justice system. Although there is some restorative justice on offer in certain circumstances, it needs to be better established both in our legislation and in the community perception. Prisons are overcrowded, and resources are scarce, with conditions not fit for animals (Agboka, 2008). The scarcity of resources extends from the provision of amenities for the prisoners to the availability of rehabilitative services whilst in prison, and addressing the offender’s mindset that led them to commit criminal offences. They have rather developed a stronger deviant orientation relative to their neighbours (Lynch and Sabol,2004; Flory et al, 2006). This is in part due to the subculture existing amongst prisoners, which socialises them further into an offending mindset. Whereupon released, they are more prone to reoffend as this is what they now have accepted as their lot, (Agboka,2008) This observation is further supported by experts in this area such as Dr. Baasit a Senior Law Lecturer observed that our Criminal Justice system is currently faced with a host of challenges like the huge backlog of cases, overcrowded prisons, and high rate of recidivism, among others. “It will not be an exaggeration to say that our criminal justice system is in crisis.”
Dr Baasit further states that these challenges have created inefficiencies in the criminal justice system, thus the need to re-imagine how our criminal justice system works there with the need for Restorative Justice.
Dr. Baasit has called for an enabling legislative framework, training and resources, and legal reforms to enhance the operation of Restorative Justice.
Restorative Justice has not been mainstreamed in Ghana’s legal justice system, irrespective of the fact that there exist avenues that contain aspects of Restorative Justice.
“There are avenues within our legal system for restorative justice, for example, our Juvenile Justice Act, 2003(Act 653), certain sections provide for the best interest of the juveniles. It makes it possible for juveniles to be reprimanded for they to issue written apologies to their parents or victims of crimes. The National Reconciliation Commission Act. We also have a semblance of Restorative Justice under the Domestic Violence Act, the recently passed Plea Bargaining Bill.”
The Ghana Association of Certified Mediators and Arbitrators (GHACMA) has unveiled an initiative to provide restorative justice to both victims and perpetrators of crimes in the country. Dubbed: “The City of Refuge Restorative Justice Forum”, it seeks to provide a platform for victims of crimes who are willing and ready to get healing by engaging with the offenders of the crime Lawson 2013 sets out clearly the practice of restorative justice, internationally and in Ghana focusing particularly on the practice of mediation. He draws our attention to its application in New Zealand and Canada, were traditional mediational practices are incorporated and being implemented. within the restorative justice system
How does the Restorative Approach address these issues?
Restorative justice takes the perspective that because crime hurts, justice should heal, and especially heal relationships. It is a process in which all stakeholders have an opportunity to discuss the hurts of a crime, how they might be repaired, how recurrence might be prevented, and how other needs of stakeholders can be met.
Bansah, M. (2022) sets out clearly how victim-offender mediation is handled in Ghana, identifying the laws that allow for such mediation to take place. However, most offences are excluded because of the likelihood of possible retribution against the victim. She concludes VOM has heralded a new dawn for victims and offenders to have equal access to the justice machinery. Indeed, this form of restorative justice is both forward-looking and backward-looking as it deals with the effects of a crime and also how to prevent them in the future.
For VOM (Victim Offender Mediation) to thrive, there must be active measures to that effect. Key players in the criminal justice system must be trained and informed on the principles of VOM and how best they can implement this mediation program. Mediators can also receive additional training to undertake this unique mode of mediation. There should be a general explicit recognition of VOM through legislation or by the amendment of the Alternative Dispute Resolution Act to complement the provision in the Courts Act. This recognition should stress voluntariness and the need for consent of the victim before the commencement of mediation. There should also be a prescription for the victim or the prosecution to apply for a criminal matter to be referred for mediation.
Restorative justice in Ghana is integrated into traditional conflict resolution practices, which often emphasise reconciliation and community healing. In many Ghanaian communities, elders mediate disputes and encourage dialogue to repair relationships rather than focusing solely on punishment. Ancestral principles, such as fostering harmony and upholding dignity, align closely with restorative justice ideals, making it a natural fit within Ghana’s cultural framework
Is restorative justice a soft option not demanding much from the offender?
Both Lawson and Agbogba report research that indicates otherwise. Often, offenders find the process much harder than a court appearance, as they dread the real prospects of having to come face to face with their victims and be directly confronted with their antisocial behaviour. In a research study that was conducted asking prison inmates whether they preferred to serve prison terms or have other alternative forms of punishment, prison was preferred over any duration of alternative punishment (Flory et al 2006)
Quaker Values and Restorative Justice
- Equality and compassion: Quakers emphasize the importance of equality and compassion in all relationships, which is reflected in restorative justice’s focus on healing and reparation.
- Community and interconnectedness, Ubuntu: Quakers value community and interconnectedness, recognizing that harm affects not just individuals but also relationships and communities. Restorative justice seeks to repair and strengthen these relationships.
- Nonviolence and conflict resolution: Quakers have a long history of promoting nonviolence and conflict resolution, which aligns with restorative justice’s focus on addressing harm and promoting healing.
- Accountability and personal responsibility: As Quakers, we value personal responsibility and accountability, which is reflected in restorative justice’s emphasis on offenders taking responsibility for their actions and making amends.
Quaker involvement in promoting Restorative Justice in Ghana
In previous years, Ghana Quakers have been involved in the Justice system from the perspective of visiting adult offenders imprisoned by the State. providing the incarcerated offenders with food and companionship. A valuable service is limited in effecting change for a more humane and relevant service for offenders.
Ghana Quakers, going forward, will be shifting their focus towards working in partnership with other organizations towards establishing a restorative justice system. This aligns with our values and testimonies and our view that the adoption and development of social systems that align with these values will improve the quality of life for all in the Community.
Areas of Restorative Justice that we will be advancing are:
Mediation – Conversations between the victim and the offenders to resolve the conflict and find ways to make amends
Conferencing- Group meetings involving victims, offenders, and other relevant parties to discuss the harm caused and to develop a plan for repairing it.
Circles – Community-based meetings that provide a safe space for all parties to share their experiences and to work together to resolve the conflict
Restitution – Offenders make financial payments or other restitution to victims to compensate for the harm they have caused.
Community Service – Offenders participate in community service projects to make amends for their actions and to contribute to the community.
Educational Programs – Programs that educate the offender about the impact of their actions and provide them with the tools and skills to prevent them from future offences.
As Quakers promoting restorative justice, it embodies our values of equality, ubuntu, compassion, and peace.
Resources
Bansah, M. (2022). An Examination of Victim-Offender Mediation in the Criminal Justice System An Examination of Victim-Offender Mediation in the Criminal Justice System – :: Ghana Law Hub
Lawson (2013). GHANA’S CRIMINAL JUSTICE SYSTEM REFORM AGENDA: THE RESTORATIVE JUSTICE PARADIGM
Godwin J. Y. Agboka 2008 My Joy Online. http://www.modernghana.com/news/180964/1/restorative-justice-an-ethical- and-practical-solut.html
Lagba, (Jan., 2025) GHACMA unveils initiative … to provide restorative justice to victims, perpetrators – Ghanaian Times
Quakers in the World. Restorative Justice
By K. Ridd. (2024) Justice: transformative, restorative, punitive—what’s the difference?Quaker concern. Alternatives to Prison. Justice: transformative, restorative, punitive—what’s the difference?
