21 December 2023 | Kathmandu, Nepal

Background 

Restorative justice is “an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.”^[1] When such restorative programs are comprehensive, there is a great promise in minimizing the impacts of “antisocial” behavior in children. The behaviors displayed by delinquent children are the results of the unfulfilled or lacking elements of their lives, which can be either individual or situational. Children who participate in restorative justice programs exhibit fewer violent tendencies, both in the community and at home.^[2]

In general, children find the formal judicial system and courtroom settings not child-friendly, and when restorative justice and practices in employment and children participate in the restorative justice process, there is a chance to express themselves in a safe environment with a network of people who are there to support them, such as their parents, colleagues, caretakers, or individuals they have chosen. 

Restorative justice that is juvenile-sensitive can be incorporated at any point in the process, from the time a child is under control by the investigating authority until reintegration and follow-up. Compared to closed facilities or observation chambers, open and semi-open rehabilitative environments better prepare juveniles for reintegrating into society. 

Restorative Justice and Juvenile Justice in Nepal

The rights of children are recognized as fundamental rights in the Constitution of Nepal. Every child must be entitled to child-friendly justice. And restorative justice spaces have been developed as a result of the inclusion of provisions in both the Criminal Offenses (Sentencing and Execution) Act, 2017 (2074) and the Act Relating to Children 2018. Section 39(1) of the Act Relating to Children, 2075 (2018) states that the juvenile justice system must be administered in accordance with the restorative justice principle, and Section 39(2) states that any additional restorative justice-related requirements must be prescribed. Juveniles can reintegrate into society through the restorative justice system, which is an alternative to the traditional juvenile justice system. However, the real rollout of these provisions in Nepal’s laws and policies are yet to be seen in practice. 

It is in this context that the 5th Conference on Restorative Justice, with a focus on juvenile justice and children has been organized.

Objectives of the conference

• To bring together professionals, scholars and actors working in fields of juvenile justice and children
• To explore ways to further restorative justice principles within the ambit of juvenile justice system as espoused in Nepal’s laws, especially the Act Relating to Children, 2018.

Modality of the conference

The 5^th Conference will be organized in collaboration with relevant government agencies (such as Child Justice and Juvenile Justice and National Child Rights Council) and non-government organizations working on issues of children and juvenile justice. There will be joint sessions to find ways to complement works done by each other to further restorative justice within juvenile justice system of Nepal.

Date and venue

• Date: 21 December 2023
• Venue: Alfa House, Kathmandu, Nepal

About Nepal Forum for Restorative Justice

The Nepal Forum for Restorative Justice (NFRJ) has been trying to develop and promote restorative justice and practices in Nepal through conferences, trainings, workshops, seminars, publications (research & resource materials) and advocacy works. Towards this end, it has organized annual conferences to bring together practitioners and scholars from Nepal around the globe, and have tried to highlight distinct aspects of restorative justice. The first Nepal Conference on Restorative Justice with a theme Restorative and Community Justice was organized in 2017. The second Nepal Conference on Restorative Justice 2018 ended in high spirits with the adoption of “Kathmandu Declaration on the Right to Restorative Justice 2018”. The third Nepal Conference on Restorative Justice and Social Change was organized in 2019. Likewise, it successfully organized the fourth Nepal Conference on Restorative Justice in 2022 focusing on reintegration of survivors and victims.  

Aiming to clarify the use of restorative justice in contexts of children and juvenile justice, the 5th Conference on Restorative Justice is being organized by NFRJ for 2023, building on the momentum that restorative justice has been experiencing in the recent times. 

For more information, please contact:

Nepal Forum for Restorative Justice

Hadigaun-5, Kathmandu, Nepal

Email: nfrj@nepalrestorativejustice.org

Tel- +97714540587

^[1] Principles-and-guidelines-for-restorative-justice-practice-in-criminal-matters-2018/

^[2] Promoting_restorative_justice.pdf