Promote and consolidate and consolidate restorative justice and victim-offender mediation for juveniles

Timeframe: January 2010 - December 2011
Financed by: Delegation of the European Commission in Tirana and contribution from UNICEF

This project is a follow up of the program implemented by AFCR in 2006-2009 developing restorative justice and particularly victim-offender mediation for juveniles, undertaken in the framework of the Juvenile Justice Reform implemented by UNICEF and MoJ, supported by EU and SIDA. The two-year project aims to further promote and consolidate the initiated practice, and expand the provision of the victim-offender mediation service for juveniles, therefore, increasing the access to justice for this vulnerable group of society. The project covers seven main districts, respectively Tirana, Durrës, Shkodër, Elbasan, Korçë, Vlorë dhe Elbasan.

Institutional cooperation with main actors, like Ministry of Justice, School of Magistrates, Probation Service, and General Directorate of State Police is crucial in the project implementation strategy.

In concrete terms, AFCR has closely collaborated with the Albanian Ministry of Justice for the improvement of the mediation law. MoUs/Cooperation Agreements are signed between AFCR and main institutional actors, respectively, Albanian General Directorate of Probation Service, Magistrate School, General Directorate of State Police, and also UNICEF.

The main components of the project are: lobbing and advocacy to improve the legal framework for the application of mediation in penal cases, for juveniles and beyond; awareness raising for institution actors and public opinion about the advantages of restorative justice; capacity building for professionals in this field (judges, prosecutors, police officers, mediators, probation service officers); and the provision of the mediation service in penal conflicts, in which both of one of the parties are juveniles between 14-21 years of age.

Achievements/activities:

- Advocacy and lobbing for the improvement of the legal framework for the use of RJ/Mediation. As result of this process a new draft law on mediation was prepared, being based on the AFCR´s version, prepared by the working group. The draft law has gone through the official procedure at the Ministry of Justice; it has been approved by the Council of Ministers in November 2010 and it has been discussed in three sessions at the parliamentary Commission for Legal Issues, Public Administration and Human Rights.

- Juvenile justice professionals and community awareness on the restorative approaches and mediation in conflict resolution, specially focusing on juvenile offenders and victims. Under this action, due to the organization of 8 awareness round tables with the participation of 145 judges and prosecutors in action´s targeted cities, 23 lawyers from Tirana, the organization of SEEMF Conference in Albania, attended by 93 participants, there is increased awareness of RJ and mediation.

- The electronic media and the press were used to reach broader public. The articles published on the press on different aspects of RJ and mediation, the studio TV talks, press releases on main activities, served to promote the positive values of RJ for juveniles in conflict with the law.

- Capacity building in RJ/VOM for relevant stakeholders: 36 probation staff members, 25 judges and prosecutors, 71 police officers attended training workshops on RJ and Mediation, particularly focused on juveniles in conflict with the law. Moreover a team of 28 mediators attended basic and advanced training workshop on RJ and Mediation, being skilled in offering the mediation service in accordance with the principles of mediation.

- Case mediation: the team of mediators, certified upon completing the training program, and also existing mediators of AFCR, offered the mediation service to juvenile offenders and victims, and in some cases to adults as well. As result of the mediation service provision, 306 cases were successfully settled through VOM in the first year of project implementation (Jan-Dec. 2010).