 |
International Online Training Program On Intractable
Conflict
|
Conflict Research Consortium, University
of Colorado, USA |
Compensation/Restitution
Glossary | Menu Shortcut Page
Compensation and restitution are payments made to victims of conflict which are
intended either to remedy the current situation or compensate for past losses (for
instance loss of life) which cannot be remedied. These payments may or may not be
monetary. In the United States, we have tried to compensate Blacks and other
minority groups for past discrimination (and even slavery) by instituting programs such as
affirmative action, which give preferential treatment to minority group members in college
acceptance and hiring decisions. In South Africa and elsewhere, land restitution is
intended to compensate people whose land was confiscated during the Apartheid era.
Other forms of compensation or restitution include returning property that was confiscated
or stolen, or acknowledging wrong-doing and the victim's suffering through commemorative
events. Although restitution usually cannot completely undo the damage done in a violent
or protracted conflict, it does serve as a formal apology--an admission that what was done
was wrong--and it helps to make the lives of the survivors better, allowing for some
degree of normalization and potentially reconciliation to take place.
Compensation can also help prevent conflicts. One common form of environmental
conflict is what, in the U.S., are called NIMBY conflicts--for "not in my
backyard." NIMBY conflicts develop when a new facility is proposed and people
don't want it located near where they live. It might be a hazardous waste landfill,
or a prison, or a factory, or a power plant. People tend to oppose the location of
such facilities nearby, where it will potentially emit hazardous materials, add noise and
traffic, or otherwise pose a degradation of the neighborhood. By offering to
compensate the neighbors for any harm that occurs, NIMBY conflicts can sometimes be
avoided or resolved relatively quickly, while, without the promise of compensation, they
often drag on for years.
Links to More information About Compensation and Restitution
- Jose Zalaquett -- Confronting Human Rights Violations
Committed by Former Governments
- This article discusses ways of compensating people for past human rights violations.
It also discusses preventive measures that can be taken to prevent a recurrence of
such human rights abuses.
-
- Mary Albon -- Justice in Times of Transition
- In this article on transitional justice, Albon asserts that making restitution to
victims is a particular potent form of acknowledgement.
-
- Neil J. Kritz -- The Dilemmas of Transitional Justice
- This article also examines the dilemmas presented to new regimes regarding how to deal
with the survivors of the old regimes. Whether or not to make restitution is one of
the dilemmas; others include whether to prosecute members of the old regime, or to grant
them amnesty.
-
- Davis, Albie.
"The Logic Behind the Magic of Mediation"
- Davis recounts an example of mediation "magic". She describes the community
mediation of a case involving the burglary and vandalism of a woman's home by a group of
neighborhood youths. Within mediation the woman was able to express her loss. The youths
came to understand the harm they had done. They apologized and agreed to make restitution.
In addition, the oldest youth shared his prior prison experience with the younger children
and urged them to avoid his mistakes. Davis identifies the elements of mediation which
help such "magical" events to occur.
-
- Aspen
Institute--Conflict Prevention: Strategies to Sustain Peace in the Post-Cold War World
- This article briefly describes the South African Truth Commission which investigated
human rights violations and facilitated restitution.
-
- Tanya
Glaser--Truth and Reconciliation Commission; South Africa
- The reparation and Rehabilitation arm of the Reconciliation commission helped victims
get needed medial, financial, educational and/or psychological help.
-
- Goldberg, Green and Sander--Saying You're
Sorry
- In this essay, the authors discuss the utility of apologies in conflict resolution. They
make the point that apologies are most effective when they are combined with compensation.
-
Links to Outside Information on Compensation and Restitution
Rwanda: Accountability
for War Crimes and Genocide--United States Institute of Peace - Special Report
Crime and Punishment:
Can Mediation Produce Restorative Justice for Victims and Offenders?
The Case of the
Interstate 205 Rock Throwers
The Mediation of a
Drunk Driving Death: Some Observations and Principles for Victim Offender Mediation in
Cases of Seriously Violent Crimes
- Victim-Offender Mediation Association -
Articles and Publications
- Note: There are a number of useful full text articles here including one on Family
Group Conferences, an alternative to Victim-Offender Reconciliation which has been widely
used in Australia and New Zealand.
-
- Victim-Offender Reconciliation Program (VORP)
Information and Resource Center
- This center also has a number of useful full text articles on mediation of violent and
non-violent crimes.
Links to Related Approaches
Criminal Prosecution
Amnesty / Forgiveness
Reconciliation
Links to Related Problems
Human Rights/War Crime Problems
Illegitimate/
Excessive Use of Force
Copyright ©1998 Conflict Research Consortium -- Contact: crc@colorado.edu