0001 Onu Resolution 1999-26

1999/26. Development and implementation of mediation 4.
Welcomes the development in many countries of

and restorative justice measures in criminal experience in mediation and restorative justice in the field of
justice criminal justice, where appropriate, in the areas of, inter a/ia,
minor offences, family problems, school and community
The Economic and Social Council, problems, and problems involving children and youth;
Recalling its resolution 1997/33 of2 l July 1997, entitled 5. Calls upon States to consider, within their legal
"Elements of responsible crime prevention: standards and systems, the development of procedures to serve as alternatives
norms", as well as its resolution 1998/23 of 28 July 1998, in to formal criminal justice proceedings and to formulate
which it recommended to Member States that they consider mediation and restorative justice policies, with a view to
using amicable means ofsettlement to deal with petty offences, promoting a culture favourable to mediation and restorative
for example, by using mediation, acceptance ofcivil reparation justice among law enforcement,judicial and social authorities,
or agreement to compensation, and to consider using non as well as local communities, and to consider the provision of
custodial measures, such as community service, as alternatives appropriate training for those involved in the implementation
to imprisonment, of such processes;
Bearing in mind General Assembly resolution 52/90 of 6. Calls upon interested States, international
12 December 1997, in which the Assembly reaffrrmed the high organizations and other entities to exchange information and
priority attached to technical cooperation and advisory services experience on mediation and restorative justice, including in
in the field of crime prevention and criminal justice, the framework of the United Nations Crime Prevention and
Criminal Justice Programme, and to contribute actively to the
Taking note of the reports of the Secretary-General on discussion and consideration of mediation and restorative
crime prevention73 and on the use and application of United justice policies in the framework of the Tenth United Nations
Nations standards and norms in crime prevention and criminal Congress on the Prevention of Crime and the Treatment of
justice74 and of the report of the Expert Group Meeting on Offenders and in particular in its workshop on community
Community Involvement in Crime Prevention, held Buenos involvement in crime prevention;
Aires from 8 to 10 February 1999,72
7. Requests the Commission on Crime Prevention and
Recalling the existing regional instruments, including Criminal Justice to examine ways and means of facilitating an
Council of Europe recommendations No. R (85) 11 on the effective exchange of information concerning national
position ofvictims in criminal law and procedural criminal law experience in this area and possible ways to promote
and No. R (98) 1 on family mediation, adopted by the awareness among Member States of the issues of mediation
Committee ofMinisters on 28 June 1985 and 21 January 1998, and restorative justice;
respectively,
8. Recommends to the Commission that it consider the
Bearing in mind that crime prevention in all its aspects is desirability of formulating United Nations standards in the
a fundamental issue to be considered at the Tenth United field of mediation and restorative justice, which are intended
Nations Congress on the Prevention of Crime and the to ensure fairness in the resolution of minor offences;
Treatment of Offenders, to be held at Vienna from 10 to
17 April 2000, and that the issue of community involvement 9. Requests the Secretary-General to undertake,within
in crime prevention will be the subject of a workshop to be existing or extrabudgetary resources, activities to assist
organized during the Tenth Congress, Member States in developing mediation and restorative justice
policies and to facilitate the exchange at the regional and
1. Recognizes that, while a significant number of international levels of experience on the issues of mediation
minor offences jeopardize citizens' security and comfort, and restorative justice, including dissemination of best
traditional criminal justice mechanisms do not always provide practices;
an appropriate and timely response to those phenomena,
whether from the perspective of the victim or in terms of l0. Also requests the Secretary-General to prepare a
adequate and appropriate penalties; report on work in progress in this area to be submitted to the
Commission on Crime Prevention and Criminal Justice at its
2. Stresses that an important means of settlement of tenth session or as soon as possible, taking into account, inter
minor disputes and offences can be represented, in appropriate alia, relevant results of the Tenth United Nations Congress on
cases, by mediation and restorative justice measures, especially the Prevention of Crime and the Treatment of Offenders.
measures that, under the supervision of a judicial or other
competent authority, facilitate the meeting ofthe offender with 43rd plenary meeting
the victim, compensation for damages suffered or the 28 July 1999
provision of community services;
3. Emphasizes that mediation and restorative justice
measures, where appropriate, can lead to satisfaction for
victims as well as to the prevention of future illicit behaviour
and can represent a viable alternative to short terms of
imprisonment and to fines;
73 E/CN.15/1999/3.
74 E/CN.15/1999/7.

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1999/26. Development and implementation of mediation 4.

Welcomes the development in many countries of

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