Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

This Handbook inverts the lens on development, asking what Indigenous communities across the globe hope and build for themselves. In contrast to earlier writing on development, this volume focuses on Indigenous peoples as inspiring theorists and potent political actors who resist the ongoing destruction of their livelihoods. To foster their own visions of development, they look from the present back to Indigenous pasts and forward to Indigenous futures. Key questions: How do Indigenous theories of justice, sovereignty, and relations between humans and non-humans inform their understandings of development? How have Indigenous people used Rights of Nature, legal pluralism, and global governance systems to push for their visions? How do Indigenous relations with the Earth inform their struggles against natural resource extraction? How have native peoples negotiated the dangers and benefits of capitalism to foster their own life projects? How do Indigenous peoples in diaspora and in cities around the world contribute to Indigenous futures? How can Indigenous intellectuals, artists, and scientists control their intellectual property and knowledge systems and bring into being meaningful collective life projects? The book is intended for Indigenous and non-Indigenous activists, communities, scholars, and students. It provides a guide to current thinking across the disciplines that converge in the study of development, including geography, anthropology, environmental studies, development studies, political science, and Indigenous studies.

In many societies, histories of exclusion, racism and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil society institutions that will respond to massive or systematic violations of human rights, recognize victims and prevent the recurrence of abuse. Identities in Transition: Challenges for Transitional Justice in Divided Societies brings together a rich group of international researchers and practitioners who, for the first time, examine transitional justice through an 'identity' lens. They tackle ways that transitional justice can act as a means of political learning across communities; foster citizenship, trust and recognition; and break down harmful myths and stereotypes, as steps toward meeting the difficult challenges for transitional justice in divided societies.

This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Clarifying the Past provides a comprehensive analysis of state-sponsored historical commissions operating in conflicted and divided societies, developing a theoretical and methodological framework within the historical dialogue paradigm, key to understanding the work of such commissions. The theoretical and methodological framework is complemented with an extensive empirical analysis of 27 historical commissions that operated in different social and political contexts from 1990s to the present. The detailed examination of these cases gives a broad perspective into the potential capacities of historical commissions in different settings. Although only sampling the most recent cases, this volume shows how the steady increase of the number of historical commissions indicates that we are not dealing with a marginal phenomenon. The increased recognition of the potential of historical commissions to address the legacies of contested pasts and potential introduction of such commissions to transitional justice, makes this book highly relevant. This book has been written with the objective of deepening and broadening the existing knowledge on state-sponsored historical commissions. Its intended audiences are scholars and practitioners in the fields of historical theory, public history, and historical dialogue, transitional justice, peace and conflict studies.

This book offers new perspectives on environmental philosophy and intergenerational justice, drawing on Indigenous, African, Asian, and Western traditions. It is an invaluable resource for scholars and students of environmental law and policy, environmental humanities, political science, intercultural and comparative philosophy, and policymakers.

Historically Africa has suffered from numerous conflicts which are typically addressed through international criminal law mechanisms and courts, but the need for a broader approach is both evident and demanded. This book pulls together the debates originating from the conference “Criminal Justice and Accountability in Africa: National and Regional Developments” and highlights the different approaches and mechanisms used to date and what can be taken from them to advance justice and accountability across the African continent.

This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.

This book reflects multidisciplinary and cross-jurisdictional analysis of issues surrounding Fetal Alcohol Spectrum Disorders (FASD) and the criminal justice system, and the impact on Aboriginal children, young people, and their families. This book provides the first comprehensive and multidisciplinary account of FASD and its implications for the criminal justice system – from prevalence and diagnosis to sentencing and culturally secure training for custodial officers. Situated within a ‘decolonising’ approach, the authors explore the potential for increased diversion into Aboriginal community-managed, on-country programmes, enabled through innovation at the point of first contact with the police, and non-adversarial, needs-focussed courts. Bringing together advanced thinking in criminology, Aboriginal justice issues, law, paediatrics, social work, and Indigenous mental health and well-being, the book is grounded in research undertaken in Australia, Canada, and New Zealand. The authors argue for the radical recalibration of both theory and practice around diversion, intervention, and the role of courts to significantly lower rates of incarceration; that Aboriginal communities and families are best placed to construct the social and cultural scaffolding around vulnerable youth that could prevent damaging contact with the mainstream justice system; and that early diagnosis and assessment of FASD may make a crucial difference to the life chances of Aboriginal youth and their families. Exploring how, far from providing solutions to FASD, the mainstream criminal justice system increases the likelihood of adverse outcomes for children with FASD and their families, this innovative book will be of great value to researchers and students worldwide interested in criminal and social justice, criminology, youth justice, social work, and education.