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Journal articles on the topic 'Indigenate and indigenous justice'
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1
Melville, Angela. "Educational Disadvantages and Indigenous Law Students: Barriers and Potential Solutions." Asian Journal of Legal Education 4, no. 2 (July 2017): 95–115. http://dx.doi.org/10.1177/2322005817700202.
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Indigenous students are under-represented in Australian universities, including in law school, and have lower educational outcomes relative to non-Indigenous students. First, this article identifies systemic barriers that prevent Indigenous students from enrolling in law school, including entrenched educational disadvantage that prevents many Indigenous students from achieving the grades necessary for university entry. Indigenous students who overcome this disadvantage and enrol in law schools then face higher attrition rates relative to non-Indigenous law students. Indigenous students find law schools to be intimidating, unfamiliar and alienating environments. Law schools privilege a narrow Western model of legal education that continues to deny Indigenous understandings of the law. Second, this article identifies potential solutions that may assist in addressing these barriers. These include alternative entry schemes, building pathways between vocational training and universities and engaged outreach programmes for assisting Indigenous students into higher education. Academic, social and financial support is required to address attrition rates; however, solutions need to go deeper than the provision of additional assistance. This article argues for the need to Indigenize legal education, and for the curriculum to consider law as pluralistic and embedded in power relations, and to provide the focus on social justice which motivates many Indigenous students to study law in the first place.
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Bacigalupo, Ana Mariella. "Pan-Indigenous Ethical Cosmopolitics: Subversive Sentient Mountains and Climate Justice in Northern Coastal Peru = Cosmopolítica Ética Panindígena: Montañas Subversivas Y Justicia Climática en la Costa Norte de Per." American Religion 5, no. 2 (March 2024): 19–43. http://dx.doi.org/10.2979/amr.00002.
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Abstract: Pan-Indigenous Peruvian norteños respond to political corruption, climate change, and environmental devastation by engaging Indigenous sentient landscapes as leaders of environmental movements and cocreators of a pan-Indigenous world. They challenge social models of neoliberal capitalism and settler colonialism, which are based on the distinction between the human and more-than-human and promote human exceptionalism. Scholars of political ontology have considered radically different forms of more-than-human persons and their plural ways of being in the world embedded in relations with the state. I argue that more-than-humans are not just alternative ways of being in the world, but frames through which norteños engage in subversive politics to challenge the justice of neoliberal capitalism and the state. By working beyond the theoretical limitations of ontological approaches (ways of being) and the state's definition of politics, and within the realm of a local, place-based environmental and spiritual politics, I show how the historical dichotomies of Western thought, Western politics and their effects can be disrupted. I also analyze the difficulties of ontological politics in a milieu that does not ascribe to scholarly and political fantasies of Indigenous purity from modernity. Specifically, I analyze the conflicting ways in which norteños engage with more-than-human landscapes to provide a model for radical ethical-environmental-political action, in which community and well-being are defined as humans in relationship to place-as-persons and nature is resignified as an anchor for social and climate justice. Resumen: Los norteños o peruanos de la costa norte del Perú, son un grupo de personas con descendencia indígena y migrantes indigenas de la zona andina y amazónica del norte. Ellos responden a la corrupción política, al cambio climático y a la devastación medioambiental comprometiéndose con apus o montañas abuelos como líderes de movimientos ecologistas y cocreadores de un mundo panindígena. Desafían los modelos sociales del capitalismo neoliberal y el colonialismo, que se basan en la distinción entre lo humano y lo más-que-humano y promueven el excepcionalísimo humano. Los estudiosos de la ontología política han estudiado formas radicalmente distintas de montañas abuelos como personas más-que-humanas y sus formas plurales de estar en el mundo en las relaciones con el Estado. Yo sostengo que los más-que-humanos no son sólo formas alternativas de estar en el mundo, sino marcos a través de los cuales los norteños se comprometen en una política subversiva para desafiar la justicia del capitalismo neoliberal y del Estado. Al trabajar más allá de las limitaciones teóricas de los enfoques ontológicos (formas de ser) y de la definición estatal de la política, y dentro del ámbito de una política medioambiental y espiritual local, basada en el lugar, muestro cómo se pueden desafiar las dicotomías históricas del pensamiento occidental, la política occidental y sus efectos. También analizo las dificultades de la política ontológica en un entorno que no suscribe las fantasías académicas y políticas de la pureza indígena frente a la modernidad. Específicamente, analizo las formas conflictivas en que los norteños se relacionan con montañas abuelos más-que-humanos para proporcionar un modelo de acción ético-ambiental-política radical, en el que la comunidad y el bienestar se definen como seres humanos en relación montanas personas como un ancla para lograr la justicia social y climática.
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Pulis, Jessica E., Alexander Hollenberg, and Brianna Wodabek. "Sacred Healings through Telling Story: Lessons from the Sacred Grounds." Journal of Applied Social Science 15, no. 2 (March 15, 2021): 273–91. http://dx.doi.org/10.1177/1936724421998977.
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In Canada, women—in particular, Indigenous women—comprise the fastest growing population of those who are sentenced. These trends are evidence of the continued impact of colonialism and the residential school legacy that has been well documented by scholars in varying degrees and at all levels of the Canadian criminal justice system. However, changes to address discrimination and overrepresentation have mostly resulted in changes within the current system rather than changes to the system itself. Attempts to “indigenize the white system” through training, programming, legislation, employment, and funding continue to reinforce colonialism and fail those who are Indigenous, especially women and girls. In acknowledgment of such harm, Elizabeth Fry Peel-Halton and Correctional Services Canada (CSC) collaborated with local Elder, Little Brown Bear (Ernest W. Matton), to create space where women could participate in traditional sweat lodge ceremony and healing away from correctional facilities, with the goal of providing a more authentic experience for Indigenous women and other women who are sentenced. While there are sweat lodges at both federal and provincial facilities, the Sacred Grounds are the first off-site (i.e., away from the correctional institution) space like this in Canada. This research explores the ways the Sacred Grounds possibly reduces the settler-colonial imperatives of traditional bricks and bars corrections and may encourage and support women’s stories of resilience and reconciliation.
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Ahmed Tura, Hussein. "Indigent’s Right to State Funded Legal Aid in Ethiopia." International Human Rights Law Review 2, no. 1 (2013): 120–50. http://dx.doi.org/10.1163/22131035-00201004.
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This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.
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Nielsen, Marianne, and Samantha Brown. "Beyond Justice: What Makes an Indigenous Justice Organization?" American Indian Culture and Research Journal 36, no. 2 (January 1, 2012): 47–74. http://dx.doi.org/10.17953/aicr.36.2.m7441vm524166442.
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The data from a longitudinal study of seven indigenous justice service organizations in four colonized countries were analyzed to identify the characteristics that made them "indigenous." Although nine common organizational characteristics emerged, of these, four are essential and specific to indigenous organizations (dependency on indigenous stakeholders, incorporation of indigenous values and practices, indigenous organizational governance, and support for indigenous self-determination) and are framed by a fifth (colonial socio-environmental) that is also constitutive but not specific to indigenous organizations. Through their services, values and operations, indigenous organizations are deeply embedded in the reconstruction of the reality of indigenous/non-indigenous relations.
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Hand, Carol A., Judith Hankes, and Toni House. "Restorative justice: the indigenous justice system." Contemporary Justice Review 15, no. 4 (December 2012): 449–67. http://dx.doi.org/10.1080/10282580.2012.734576.
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Eichler, Lauren, and David Baumeister. "Hunting for Justice." Environment and Society 9, no. 1 (September 1, 2018): 75–90. http://dx.doi.org/10.3167/ares.2018.090106.
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Within the mainstream environmental movement, regulated hunting is commonly defended as a tool for preserving and managing populations of wild animals for future generations. We argue that this justification, encapsulated in the seven principles of the North American Model of Wildlife Conservation, perpetuates settler colonialism—an institutional and theoretical apparatus that systemically eliminates Indigenous peoples, expropriates Indigenous lands, and disqualifies Indigenous worldviews— insofar as it manifests an anthropocentric ideology that objectifies hunted animals as “natural resources” to be extracted. Because this ideology is antithetical to Indigenous views, its imposition through hunting regulation interrupts Indigenous lifeways, contributing to the destruction of Indigenous identity.
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Mann, Kenneth. "Miscarriage of Justice and the Right to Representation." Israel Law Review 31, no. 1-3 (1997): 612–44. http://dx.doi.org/10.1017/s0021223700015429.
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In modern criminal procedure it is generally held that reliability of results and basic fairness in criminal trials require that a defendant have legal counsel. Prevention of miscarriage of justice is tied closely, in the minds of policy makers and judges, with vigorous representation by competent counsel. As against these presuppositions how should one understand a modern system of criminal procedure, such as that in Israel, that does not have a broad right of representation for suspects or defendants in criminal cases?It is by now axiomatic in England and the United States that nearly all defendants in criminal cases have a right to representation. This right encompasses not just the opportunity to bring one's privately retained counsel to court, but also an irrebuttable claim by indigents to have the counsel's bill paid by the state or other public entity. The right to counsel is a broad right, entailing a principle of equality in which representation by counsel is independent of the defendant's ability to pay. In Israel, in contrast, the right to representation in criminal cases is significantly narrower.
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Felipe Meier, Alef, Luane Flores Chuquel, and Ivo Dos Santos Canabarro. "Violações de direitos humanos dos povos indígenas na ditadura civil-militar brasileira." Revista Interdisciplinar de Direitos Humanos 11, no. 1 (June 16, 2023): 211–29. http://dx.doi.org/10.5016/ridh.v11i1.240.
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Resumo: O presente trabalho estuda as violações de Direitos Humanos dos povos indígenas na ditadura civil-militar brasileira. Busca-se trazer ao centro da pesquisa o contexto violatório aos Direitos Humanos em relação aos indígenas durante o período ditatorial, revisitando marcos históricos que antecederam ao início do regime militar. Nesta senda, antes mesmo de ser deflagrado o golpe militar no ano de 1964, os índios já sofriam constantes usurpações de seus direitos devido às irresponsabilidades comandadas na maioria das vezes, por aqueles que deveriam zelar por suas vidas. Conforme se verá, a violação e o desrespeito aos Direitos Humanos em face a estes povos acabaram se tornando comuns e ganhando força principalmente na implantação do regime militar. Negligentes tentativas de aculturação e “emancipação”, além de inconsequentes contatos com povos isolados, culminaram no esbulho e grilagem de suas terras. Processos de demarcações terrivelmente violatórias das áreas indígenas promoveram a expulsão de inúmeros povos, fazendo com que os índios caíssem vítimas da fome, mendicância, alcoolismo e prostituição. Tudo em nome do chamado “avanço econômico”, que visava à construção de estradas pelo país, naquilo que foi batizado de “ocupação da Amazônia”. Conforme frequentemente declarado pelas autoridades na época, a floresta Amazônica era vista e entendida como um “vazio populacional” pelo governo militar, fazendo com que os casos de violações aos Direitos Humanos fossem sistematicamente “legalizados”. A vida, a terra e a cultura dos povos indígenas ficaram em segundo plano. Consoante a esta breve narrativa, será através de uma pesquisa documental, amparada pelo método hipotético-dedutivo e, primordialmente construída pelo Relatório Final da Comissão Nacional da Verdade, além de estudos elaborados pelas Comissões Estaduais da Verdade, que se pretende atribuir destaque final à importância de divulgar as violações de Direitos Humanos como forma de resgate à tríade memória-verdade-justiça, para que para que não se esqueça e que nunca mais aconteça.
Violaciones de los derechos humanos de los pueblos indígenas en la dictadura cívico-militar brasileña
Resumen: El presente trabajo estudia las violaciones de los Derechos Humanos de los pueblos indígenas en la dictadura cívico-militar brasileña. Se busca traer al centro de la investigación el contexto vulnerador de los Derechos Humanos en relación a los indígenas durante el período dictatorial, revisitando hitos históricos que precedieron al inicio del régimen militar. En ese camino, incluso antes de que se desencadenara el golpe militar de 1964, los indígenas ya sufrían constantes usurpaciones de sus derechos debido a la irresponsabilidad comandada, la mayoría de las veces, por quienes debían velar por sus vidas. Como se verá, la violación y el irrespeto a los Derechos Humanos hacia estos pueblos terminó por volverse común y cobrar fuerza principalmente en la implementación del régimen militar. Negligentes intentos de aculturación y “emancipación”, además de intrascendentes contactos con pueblos aislados, culminaron en el despojo y acaparamiento de sus tierras. Procesos de demarcación de territorios indígenas terriblemente violatorios llevaron a la expulsión de innumerables pueblos, provocando que los indígenas fueran víctimas del hambre, la mendicidad, el alcoholismo y la prostitución. Todo en nombre del llamado “avance económico”, que pretendía construir carreteras en todo el país, en lo que se bautizó como la “ocupación de la Amazonía”. Como reiteradamente manifestaron las autoridades de la época, la selva amazónica era vista y entendida como un “vacío poblacional” por parte del gobierno militar, lo que provocó que sistemáticamente se “legalizaran” casos de violaciones a los Derechos Humanos. La vida, la tierra y la cultura de los pueblos indígenas quedaron en un segundo plano. De acuerdo con esta breve narrativa, será a través de la investigación documental, sustentada en el método hipotético-deductivo y, fundamentalmente construida por el Informe Final de la Comisión Nacional de la Verdad, además de estudios elaborados por las Comisiones Estatales de la Verdad, que se pretende dar énfasis final a la importancia de denunciar las violaciones a los derechos humanos como una forma de rescatar la tríada memoria-verdad-justicia, para que nunca se olvide y nunca vuelva a ocurrir.
Palabras clave: Derechos humanos. Dictadura cívico-militar. Pueblos indigenas.
Human rights violations of indigenous peoples in the Brazilian civil-military dictatorship
Abstract: The present work studies the Human Rights violations of indigenous peoples in the brazilian civil-military dictatorship. It seeks to bring to the center of the research the violating context of Human Rights in relation to indigenous people during the dictatorial period, revisiting historical milestones that preceded the beginning of the military regime. In this path, even before the military coup was triggered in 1964, the Indians were already suffering constant usurpations of their rights due to the irresponsibility commanded, most of the time, by those who should watch over their lives. As will be seen, the violation and disrespect for Human Rights towards these peoples ended up becoming common and gaining strength mainly in the implementation of the military regime. Negligent attempts at acculturation and “emancipation”, in addition to inconsequential contacts with isolated peoples, culminated in the dispossession and grabbing of their lands. Terribly violative demarcation processes of indigenous areas led to the expulsion of countless peoples, causing the Indians to fall victim to hunger, begging, alcoholism and prostitution. All in the name of the so-called “economic advance”, which aimed at building roads across the country, in what was baptized as the “occupation of the Amazon”. As frequently stated by the authorities at the time, the Amazon rainforest was seen and understood as a “population vacuum” by the military government, causing cases of violations of Human Rights to be systematically “legalized”. The life, land and culture of indigenous peoples were left in the background. According to this brief narrative, it will be through documentary research, supported by the hypothetical-deductive method and, primarily built by the Final Report of the National Truth Commission, in addition to studies prepared by the State Truth Commissions, that it is intended to give final emphasis to the importance of disclosing human rights violations as a way of rescuing the memory-truth-justice triad, so that it is never forgotten and never happens again.
Keywords: Human Rights. Civil-military dictatorship. Indian people.
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Romana-Rivas, Yuri Alexander. "Legal Pluralism, Transitional Justice, and Ethnic Justice Systems." McGill GLSA Research Series 2, no. 1 (October 25, 2022): 24. http://dx.doi.org/10.26443/glsars.v2i1.190.
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Colombian law recognizes that traditional Indigenous and Black authorities can exercise legal jurisdiction and apply their laws and traditions in their ancestral territories. Despite this legal recognition, the legal system does not operate in a way that genuinely guarantees legal pluralism. In practice, higher courts repeatedly overturn or dismiss decisions by indigenous legal authorities.
As a result of the 2016 Peace Agreement between the Colombian Government and the former guerilla of the Revolutionary Armed Forces of Colombia – The People’s Army (“FARC-EP” in Spanish), a transitional justice tribunal was established: the Special Jurisdiction for Peace (“SJP” or “the Special Jurisdiction”). The Special Jurisdiction’s main task is to investigate and try the most serious crimes committed during the armed conflict, a conflict that has disproportionately impacted racialized communities. The SJP, unlike other tribunals in Colombia, has sought to adapt its work to meet the reality of legal pluralism by: 1) negotiating protocols for inter-jurisdictional interaction between the SJP and ethnic authorities, 2) consulting with Indigenous and Black communities on the adoption of some legal instruments, and 3) having a dialogue between equals with ethnic authorities when potential jurisdictional conflicts arise. This paper seeks to analyze this interaction and how it has allowed the Special Jurisdiction, as transitional justice mechanism, to work in close cooperation with Indigenous and Black communities in Colombia. As will be discussed throughout this paper, through the lens of the legal pluralism framework, such interaction has strengthened the legitimacy and recognition of Indigenous and Black communities’ legal authorities as parallel legal orders that can operate side-by-side with the State judicial system. This, in turn, has created an important precedent that can be emulated by other court jurisdictions in Colombia and elsewhere.
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Ouedraogo, Richard Wend-Lasida, Guillaume Durand, Diataga Sylvestre Yonli, and Tarcissus Konsem. "Chapitre 4. Subventions discriminatoires de soins medicaux à l’épreuve du principe éthique de la justice : cas d’un service d’orl au burkina faso." Journal international de bioéthique et d'éthique des sciences Vol. 34, no. 3 (February 14, 2024): 69–81. http://dx.doi.org/10.3917/jibes.343.0069.
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Introduction : Dérogation légale au principe de l’égalité des droits en matière de santé, les subventions discriminatoires posent souvent un problème de dilemme éthique sur le terrain d’application. But : Analyser les subventions discriminatoires des soins à l’aune du principe éthique de la justice et proposer des alternatives aux éventuels conflits juridico-éthiques inhérents. Méthode : Il s’agit d’une étude qualitative, descriptive et analytique basée sur des entretiens semi-dirigés avec des soignants. Résultats : De l’avis des participants, l’application des subventions discriminatoires impacte négativement la justice distributive substantielle. Les violations des conditions d’attribution étaient exclusivement au profit des patients concernés. Leur impact était jugé positif sur la justice distributive substantielle et négatif sur la justice formelle. Discussion : Les subventions discriminatoires de soins découlent généralement d’une prescription juridique dont l’application ne devrait souffrir d’aucune ambigüité. Or, il ressort que les violations des conditions d’attribution étaient en faveur de la justice distributive. Cette opposition est source potentielle de difficultés décisionnelles pour les soignants qui souvent, choisissent de violer les conditions au profit de leurs patients indigents. Il existe donc des violations de normes éthiquement compréhensibles, qu’il faut savoir admettre. Ceci à travers des prévisions d’exceptions d’application de normes pour « causes nobles » et de clauses d’objection de conscience dans les textes de politique sanitaire. Conclusion : La légitimité des normes de politique sanitaire est indispensable à leur application effective d’où l’intérêt de la prise en compte de la justice distributive dans la genèse des textes normatifs.
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Perrett, Roy W. "Indigenous Rights and Environmental Justice." Environmental Ethics 20, no. 4 (1998): 377–91. http://dx.doi.org/10.5840/enviroethics19982045.
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Dodds, Susan. "Justice and Indigenous Land Rights." Inquiry 41, no. 2 (June 1998): 187–205. http://dx.doi.org/10.1080/002017498321869.
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McGregor, Deborah, Steven Whitaker, and Mahisha Sritharan. "Indigenous environmental justice and sustainability." Current Opinion in Environmental Sustainability 43 (April 2020): 35–40. http://dx.doi.org/10.1016/j.cosust.2020.01.007.
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McDonough, Kevin. "Reconciliation, Justice, and Indigenous Education." Philosophy of Education 69 (2013): 246–49. http://dx.doi.org/10.47925/2013.246.
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Faria, Rodrigo Arthuso Arantes. "Indigenous Peoples and Criminal Justice." Journal of Legal Anthropology 7, no. 1 (June 1, 2023): 31–53. http://dx.doi.org/10.3167/jla.2023.070103.
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Abstract In this article, I draw on the specific case studies of the Xakriabá people and the Judicial District of Manga, and the Maxakali people and the Judicial District of Águas Formosas, both located in the Brazilian state of Minas Gerais. I examine how criminal justice officials apply dominant concepts of indigeneity in these regional contexts, showing how they arbitrarily construct and deploy the category of Indigenous person based on essentialist assumptions of indigeneity that ignore Indigenous peoples’ self-identification as such. This adds to scholarship on how indigeneity is institutionally conceived and applied within the justice system in ways that contrast with Indigenous notions of it and aim to deny Indigenous persons recognition in legal processes. By providing specific accounts of how Indigenous defendants are treated in the justice system and experience loss of rights, I consider the professional practices of state officials within the broader framework of Brazilian indigenist policies.
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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women." REVISTA CUHSO 30, no. 1 (July 23, 2020): 126–44. http://dx.doi.org/10.7770/cuhso-v30n1-art2116.
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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.
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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women." REVISTA CUHSO 30, no. 1 (July 23, 2020): 126–44. http://dx.doi.org/10.7770/cuhso.v30i1.2116.
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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country’s historical evolution.
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Nancarrow, Heather. "In search of justice for domestic and family violence." Theoretical Criminology 10, no. 1 (February 2006): 87–106. http://dx.doi.org/10.1177/1362480606059986.
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In 2000, reports of two Australian taskforce investigations considering justice responses to violence against women contained opposing recommendations about the suitability of restorative justice for cases of domestic and family violence. One taskforce was composed entirely of Indigenous women while the other was predominantly composed of non-Indigenous women. This article analyses interviews with members of each taskforce, confirming a split between Indigenous and non-Indigenous women on the appropriateness of restorative justice in cases of domestic and family violence. There was some agreement between Indigenous and non-Indigenous women's views about the potential for combining elements of the criminal justice system and restorative justice, although this potential was conditional on various factors specific to each group of women.
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Ismantara, Stefany. "The Urgency of Reconstructing Indonesia's Justice System Towards Recognition of Customary Justice Institutions." West Science Law and Human Rights 1, no. 04 (October 30, 2023): 225–34. http://dx.doi.org/10.58812/wslhr.v1i04.318.
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The 1945 Constitution acknowledges and protects the existence of indigenous communities. However, the existence of customary court has been abolished through Emergency Law No. 1/1951, and its legal authority is still not recognized to this day. This creates ambiguity in the administration of the justice system. Therefore, an assessment of the urgency of reconstructing Indonesia's justice system to achieve recognition of customary justice institutions is needed. In addressing this, there is a need to answer the issues concerning customary court and how the state can reconstruct the justice system. The author employs a normative legal research method with a qualitative and case study approach through literature review. Through this method, it is found that non-binding legal force of customary court decisions leads to negative consequences for indigenous people and customary law itself. Therefore, a strong legal framework is required through the enactment of the Indigenous Community Bill. Collaboration between law enforcement and indigenous people is also essential in resolving indigenous cases.
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Cunneen, Chris, and Juan Marcellus Tauri. "Indigenous Peoples, Criminology, and Criminal Justice." Annual Review of Criminology 2, no. 1 (January 13, 2019): 359–81. http://dx.doi.org/10.1146/annurev-criminol-011518-024630.
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This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous–criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples’ desire for self-determination and for leadership in the response to the social harms that impact their communities.
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McGuire, Michaela Mary, and Ted Palys. "Toward Sovereign Indigenous Justice: On Removing the Colonial Straightjacket." Decolonization of Criminology and Justice 2, no. 1 (June 29, 2020): 59–82. http://dx.doi.org/10.24135/dcj.v2i1.16.
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Canada has oppressed Indigenous peoples capacity for true sovereignty through colonialism, genocide and attempted assimilation. This devastation manifests in the disproportionate social ills facing Indigenous peoples and their overrepresentation at all levels of the imposed criminal justice system (CJS). Trauma and internalized colonialism have constrained the capacity of Indigenous Nations to reclaim their place in the world as self-governing peoples. Canada has attempted to ‘fix’ this problem through creating parallel systems, trying to fit ‘Indigenous’ conceptions of justice into existing systems, and problematically adopting restorative justice as synonymous with Indigenous justice. The rhetoric of reconciliation and apology mask the continual genocidal, assimilative goals of the state. With these caveats in mind, the need to reject internalized colonialism and develop capacity for the development of sovereign Indigenous justice systems will be examined.
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Ulloa, Astrid. "Perspectives of Environmental Justice from Indigenous Peoples of Latin America: A Relational Indigenous Environmental Justice." Environmental Justice 10, no. 6 (December 2017): 175–80. http://dx.doi.org/10.1089/env.2017.0017.
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Datta, Ranjan, and Margot A. Hurlbert. "Pipeline Spills and Indigenous Energy Justice." Sustainability 12, no. 1 (December 19, 2019): 47. http://dx.doi.org/10.3390/su12010047.
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The Canadian provinces of Alberta and Saskatchewan transport their energy resources by pipeline to the eastern and western seaboards, and south into the United States. The used pipeline infrastructure reshapes the landscape and affects sustainability of the environment, traditional Indigenous livelihoods, and drinking water, particularly when spills and leaks occur. This scoping review is focused on Indigenous sustainability issues in relation to surrounding pipeline spills/leaks, impacts on drinking water and Indigenous communities in Western Canada. We found that Indigenous communities are particularly vulnerable to pipeline leaks, and have limited capacity to mitigate them. Strategic decisions need to be made about the management of pipeline leaks. For building Indigenous energy justice, the findings of this paper suggest that Indigenous-led databases, programs to monitor and assess impacts, report leaks, and funding of community-based participatory action research are required.
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Little, Simon, Anna Stewart, and Nicole Ryan. "Restorative Justice Conferencing: Not a Panacea for the Overrepresentation of Australia’s Indigenous Youth in the Criminal Justice System." International Journal of Offender Therapy and Comparative Criminology 62, no. 13 (March 19, 2018): 4067–90. http://dx.doi.org/10.1177/0306624x18764524.
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Restorative justice conferencing is a police diversionary strategy used extensively in Australian jurisdictions to channel young offenders away from formal court processing. Advocates view conferencing as culturally appropriate and a means to reduce the overrepresentation of Indigenous young people because it is rooted in Indigenous justice traditions. However, whether conferencing is effective at reducing recidivism by Indigenous young people compared with non-Indigenous young people remains unknown. We examine this using a longitudinal cohort of youth offenders from Australia. Propensity score matching was used to match Indigenous and non-Indigenous young people at their first conference and examined reoffending outcomes to explore its efficacy at reducing recidivism ( n = 394). Results indicate that, despite statistically controlling for factors related to reoffending, recidivism levels postconference were significantly higher for Indigenous young people. These results suggest that conferencing is unlikely to address the problem of Indigenous overrepresentation within Australia’s youth justice system.
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Agozino, Biko. "Reparative Justice Quartet." Decolonization of Criminology and Justice 3, no. 1 (May 5, 2021): 103–9. http://dx.doi.org/10.24135/dcj.v3i1.35.
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Picq, Manuela Lavinas. "Between the Dock and a Hard Place: Hazards and Opportunities of Legal Pluralism for Indigenous Women in Ecuador." Latin American Politics and Society 54, no. 2 (2012): 1–33. http://dx.doi.org/10.1111/j.1548-2456.2012.00151.x.
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AbstractThis article examines the challenges and opportunities of indigenous justice for women in Ecuador. The legal recognition of indigenous justice is a major component of democratization in the region. Yet it also raises the risk of institutionalizing detrimental gender biases within indigenous forms of law. Taking the Remache case as a point of departure, this article identifies some of the fault lines in legal pluralism and women's conflicted relationship with it. Rather than rejecting customary law, however, women advocate for their rights within it—lobbying for gender parity within indigenous justice in the 2008 Constitutional Assembly. As women's support for indigenous justice relocates legal authority, it also challenges conventional practices of state sovereignty. To understand the attractiveness of legal pluralism for women and its impact on the state, this study explores the confines of feminist alliances, the accessibility of indigenous justice, and its implications for state sovereignty.
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Emery-Whittington, Isla G. "Occupational Justice—Colonial Business as Usual? Indigenous Observations From Aotearoa New Zealand: La justice occupationnelle : sous régime colonial comme d’habitude? Observations d’autochtones d'Aotearoa en Nouvelle-Zélande." Canadian Journal of Occupational Therapy 88, no. 2 (April 20, 2021): 153–62. http://dx.doi.org/10.1177/00084174211005891.
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Background. Western ideologies and systems of occupation and justice are implicated in the colonization of indigenous peoples worldwide. Yet, colonialism, racism, and privilege are minimally acknowledged and examined within occupational therapy and occupational science literature, as evidenced in uncritical development of notions of “occupational justice.” Purpose. First, to open a discussion of how and why theories and approaches to justice have developed as they have in Aotearoa New Zealand. Second, to further a burgeoning field of Indigenous perspectives and critiques of colonial theorizing within the profession, while highlighting local Indigenous justice frameworks including Te Tiriti o Waitangi and Matike Mai Aotearoa. Key Issues. Colonialism is minimally examined in occupational justice approaches and promotion. Implications. Honest examination of colonialism alongside Indigenous justice frameworks can advance critical praxes of decolonising occupation and re-connect occupation with justice and equity.
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Herr, Ranjoo Seodu. "Indigenous Self-Determination and Gender Justice." Frontiers: A Journal of Women Studies 42, no. 3 (2021): 1–27. http://dx.doi.org/10.1353/fro.2021.0021.
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Milward, David. "Justice as Healing: Indigenous Ways (review)." Wicazo Sa Review 22, no. 1 (2007): 127–31. http://dx.doi.org/10.1353/wic.2007.0010.
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Aikman, Sheila. "Educational and indigenous justice in Africa." International Journal of Educational Development 31, no. 1 (January 2011): 15–22. http://dx.doi.org/10.1016/j.ijedudev.2010.05.007.
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Muecke, Stephen. "Multiplying the Means for Indigenous Justice." Continuum 15, no. 3 (November 2001): 385–88. http://dx.doi.org/10.1080/10304310120086858.
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Shaeeb, Olajumoke, Yakusak Aduak, and Matilda Chukwuemeka. "Clinical Legal Education and the Future of Pro-Bono in Nigeria: A Guarantee for Access to Justice for Accused Persons Awaiting Trial." International Journal of Clinical Legal Education 31, no. 1 (April 26, 2024): 80–125. http://dx.doi.org/10.19164/ijcle.v31i1.1347.
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The idea of access to justice is strongly related to the doctrine of the rule of law, and the effectiveness of a nation’s judicial system is mostly evaluated by its citizens' access to justice. Human rights are guaranteed and protected by instruments including the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, when these rights are not protected (fair hearing, access to court) owing to financial constraints and lack of access to legal counsel, justice cannot be guaranteed. The large number of accused persons awaiting trial in Nigeria is ascribed to several factors, including missing files, inability to post a bond or provide surety, delay in the DPP's advice to the police over which case to pursue, the police's failure to promptly investigate and prosecute, among others. In Nigeria, despite the voluntary legal services provided by the government, lawyers, and clinical law students, the legal system towards indigents does not abate. This article explores the problems and potential solutions to providing increased legal aid services to accused persons awaiting trial in Nigeria. An interdisciplinary approach was adopted in this study, where primary data was gathered from prison visits made by Nigerian Law School, Yola Campus Law Clinic to the Yola and Jimeta medium security correctional centres. The barriers to accessing legal aid in light of the available legal aid services are critically examined here.
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MacCarthy, Liam. "Indigenous Incarceration in Canada." Canadian Journal for the Academic Mind 1, no. 1 (November 7, 2023): 31–49. http://dx.doi.org/10.25071/2817-5344/50.
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Canadian sentencing law reform in 1996 and the R. v. Gladue 1999 Supreme Court landmark decision, Canada introduced an internationally unique requirement for Canadian courts in sentencing Indigenous offenders to give special consideration to systemic factors in order to address the historic and ongoing experiences of Indigenous people in the criminal justice system Canada. While these reforms to the criminal justice system were centred around alleviating the egregious level of incarcerated Indigenous people, this analysis will reveal the implementation of Gladue principles has not been the transformative change many have hoped for. This Canadian policy research paper argues that the Canadian government’s Gladue policy has been underfunded and requires a commitment to the complete implementation of Gladue Reports and Gladue Courts to accomplish its objectives of considering the systemic circumstances of Indigenous offenders and providing criminal justice in a culturally appropriate manner.
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Starblanket, Gina. "Constitutionalizing (In)justice: Treaty Interpretation and the Containment of Indigenous Governance." Constitutional Forum / Forum constitutionnel 28, no. 2 (March 22, 2019): 13–24. http://dx.doi.org/10.21991/cf29383.
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To state that the Canadian criminal justice system has historically failed to provide adequate measures of justice for Indigenous peoples would be both an understatement and a mischaracterization. Canadian institutions of justice have not merely failed Indigenous peoples but were not designed to protect Indigenous interests to begin with. Designed by and for European newcomers who sought to institute their own legal orders, the justice system has functioned as an integral part of the structure of settler colonialism in Canada.
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Tanjung, Muhammad Arifin. "Legal Pluralism and Indigenous Justice Systems: An Anthropological Analysis." Jurnal Ar Ro'is Mandalika (Armada) 3, no. 2 (March 12, 2024): 84–91. http://dx.doi.org/10.59613/armada.v3i2.2838.
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Legal pluralism refers to the coexistence of multiple legal systems within a single society, often including both state-based and indigenous or customary justice systems. This article provides an anthropological analysis of legal pluralism and indigenous justice systems, exploring the complexities and implications of their interaction. Drawing on qualitative methods, literature studies, and library research, the paper examines how legal pluralism shapes social norms, power dynamics, and access to justice in diverse cultural contexts. It critically evaluates the challenges and opportunities presented by the recognition and integration of indigenous justice systems into broader legal frameworks, highlighting issues of cultural relativism, human rights, and legal reform. Through an interdisciplinary approach, the article offers insights into the complex dynamics of legal pluralism and indigenous justice, shedding light on the ways in which these systems intersect and influence each other. By examining case studies from various regions and communities, the research underscores the importance of understanding the cultural, historical, and socio- political factors that shape legal pluralism and indigenous justice systems. Ultimately, this analysis contributes to broader discussions on legal diversity, social justice, and the role of anthropology in understanding legal phenomena.
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Kronk Warner, Elizabeth Ann, and Randall S. Abate. "International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples." Revue générale de droit 43 (January 13, 2014): 113–50. http://dx.doi.org/10.7202/1021212ar.
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The Arctic region is in crisis from the effects of climate change. The impacts of climate change pose a particular threat to Arctic indigenous communities. Because of the disproportionate impacts of climate change, these indigenous communities are environmental justice communities. Part I of this article discusses how indigenous nations are environmental justice communities and discusses the unique factors that may apply to environmental justice claims arising in Indian country. The article then presents two case studies to explore how, if at all, these concepts have been previously applied to environmental justice claims brought by various Arctic indigenous communities. Part II addresses the Inuit Circumpolar Conference’s petition to the Inter-American Commission on Human Rights. Part III considers the Native Village of Kivalina’s lawsuit against numerous private emitters of greenhouse gases. These case studies underscore the failure of international and domestic forums’ consideration of the special situation of Arctic indigenous peoples as environmental justice communities.
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Ruiz-Serna, Daniel. "Transitional Justice beyond the Human." Cultural Politics 19, no. 1 (March 1, 2023): 57–76. http://dx.doi.org/10.1215/17432197-10232473.
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Abstract Indigenous and Afro-Colombian peoples often describe the harm caused by armed conflict in terms of damage inflicted on their traditional territories. To these peoples, the concept of territory makes reference not only to their lands but to a set of emplaced practices and relationships through which they share life with wider assemblages of human and other-than-human beings. It is the threat faced by these large communities of life that was invoked by Indigenous organizations when they succeeded in including the territory as a victim in the transitional justice framework recently implemented by the Colombian state. This article argues that the consideration of the territory as a victim means more than the full enjoyment of the land ownership rights Indigenous and Afro-Colombian peoples are entitled to. Instead, said consideration challenges some received notions regarding justice and reparation, particularly because war becomes an experience that extends beyond human losses and environmental degradation. The terms and practices mobilized by Indigenous and Afro-Colombian peoples compel us to examine the limits that concepts such as human rights, reparation, or even damage have in the understanding of war and its aftermath.
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Akhtar, Zia. "Restorative Justice." Global Journal of Comparative Law 2, no. 1 (2013): 60–90. http://dx.doi.org/10.1163/2211906x-00201003.
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The nominal sovereignty that the indigenous tribes exercise in the US is further constrained by the federal government exercising the powers of trustee and restricting their rights of alienation over lands. The plenary authority of Congress allows the enactment of all laws impacting on Indians that the federal government deems necessary. It is of overriding effect and has led to the emergence of a land law theory that preserves the power of preemption over the tribal nations. This legal framework dates back to the Marshall doctrine and the Indian Trade and Intercourse Act 1790. The issue is: can there be a reversal of the extinguished title for the indigenous peoples and an assertion of their original claim to rightful ownership? This article compares the land theory that prevails in the US with the developments that have taken place in common law countries, such as Canada and Australia, and concludes that there needs to be an affirmation of the principle of a right in land for the Native people rather than them being ‘tenants at will’ of the federal government.
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Chartrand, Vicki. "Unearthing Justices: Mapping 500+ Indigenous Grassroots Initiatives for the Missing and Murdered Indigenous Women, Girls and Two Spirit+." Decolonization of Criminology and Justice 4, no. 1 (February 23, 2022): 7–30. http://dx.doi.org/10.24135/dcj.v4i1.34.
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In the face of an ongoing colonial violence across the land now known as Canada, Indigenous families and communities of the missing and murdered Indigenous women, girls and two-spirit+ (MMIWG2S+) continue to navigate and mobilize in response to a criminal justice system that has long ignored and neglected the murders and disappearances. The Unearthing Justices Resource Collection is an unfinished collection of more than 500 documentation of these grassroots initiatives. The powerful and transformative community care initiatives, as documented in the 500+ grassroots initiatives demonstrate the resource, skill and strength that already exists in Indigenous communities. It also highlights the many facets of what justice is and needs, beyond what a criminal justice system can provide. Using a justice mapping approach, this article traces the varied approaches to justice in the absence of criminal justice support.
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Schlosberg, David, and David Carruthers. "Indigenous Struggles, Environmental Justice, and Community Capabilities." Global Environmental Politics 10, no. 4 (November 2010): 12–35. http://dx.doi.org/10.1162/glep_a_00029.
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Environmental justice is often defined in terms of the distribution (or maldistribution) of environmental goods and bads. Activists and scholars have also focused on issues of cultural recognition and political participation. This article posits a capabilities-based conception of environmental justice. We argue that environmental challenges raised by indigenous communities demonstrate a broad, complex conception of environmental justice focused on a range of capabilities and basic functionings, at both the individual and community levels. We begin with a theoretical justification for a capabilities-based approach to understanding environmental justice. We then offer two in-depth case studies from the US and Chile, to illustrate our argument that indigenous environmental justice struggles clearly articulate themes of community capabilities and functioning, highlighting the importance of social and cultural reproduction.
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Dodds, Susan. "Citizenship, justice and indigenous group‐specific rights—citizenship and indigenous Australia." Citizenship Studies 2, no. 1 (February 1998): 105–19. http://dx.doi.org/10.1080/13621029808420672.
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Kim, Jaymelee J. "Perspectives from the Ground." Conflict and Society 4, no. 1 (June 1, 2018): 116–34. http://dx.doi.org/10.3167/arcs.2018.040110.
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While traditionally underrepresented in transitional justice studies, anthropological study of culture, ethnography, and processes can contribute valuable insight into colonial bureaucracies and dynamics of power. This article uses an ethnographic approach and a colonial bureaucratic violence theoretical foundation to analyze negative perceptions of transitional justice at the ground level. Participants included facilitators, government officials, nonprofit organizations, and Indigenous community members; research occurred during implementation of transitional justice (2011–2014) for a period of 12 months. Specifically, I argue that the relationship between transitional justice and colonial bureaucratic violence encourages negative views of transitional justice. Instead, ethnographic data first reveals that bureaucratic processes within transitional justice challenge Indigenous identities. Second, Indigenous survivors in British Columbia, Canada, largely view transitional justice on a continuum of colonial bureaucratic violence. Using a colonial bureaucratic violence framework, this article provides insight and nuance into perceptions of transitional justice at the local level.
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Broadfield, Kirstie, Glenn Dawes, and Mark David Chong. "Necropolitics and the violence of Indigenous incarceration." Decolonization of Criminology and Justice 3, no. 1 (May 5, 2021): 5–26. http://dx.doi.org/10.24135/dcj.v3i1.26.
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Since the Royal Commission into Aboriginal Deaths in Custody, over thirty years ago, there have been over 400 Indigenous deaths in custody, with 28% of the Australian prison population identifying as Indigenous. Indigenous over-representation in the criminal justice system continues to be an unresolved issue despite varying attempts to reduce the high incidence of incarceration experienced by Indigenous Australians. This paper proposes a fresh approach to analysing the violence of Indigenous incarceration using the theory of necropolitics. The paper represents a critical discussion of a work-in-progress of how an analytical framework based on necropolitics has the potential to elevate the often-silenced voices of vulnerable populations, such as Indigenous Australians, within the criminal justice system. This is because the proposed study will present a multi-level analysis of the overt and covert forms of violence perpetrated against Indigenous Australians within the criminal justice system and unlock the potential of exposing the extent to which unequal relations of power contribute to these forms of violence. The significance of this research therefore lies in its capacity to provide policymakers with deeper insights into how such forms of violence impact upon and further disempower Indigenous Australians in the Australian criminal justice system.
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Whyte, Kyle. "Critical Investigations of Resilience: A Brief Introduction to Indigenous Environmental Studies & Sciences." Daedalus 147, no. 2 (March 2018): 136–47. http://dx.doi.org/10.1162/daed_a_00497.
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Indigenous peoples are among the most active environmentalists in the world, working through advocacy, educational programs, and research. The emerging field of Indigenous Environmental Studies and Sciences (iess) is distinctive, investigating social resilience to environmental change through the research lens of how moral relationships are organized in societies. Examples of iess research across three moral relationships are discussed here: responsibility, spirituality, and justice. iess develops insights on resilience that can support Indigenous peoples' struggles with environmental justice and political reconciliation; makes significant contributions to global discussions about the relationship between human behavior and the environment; and speaks directly to Indigenous liberation as well as justice issues impacting everyone.
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Broadhurst, Roderic. "Crime, Justice and Indigenous Peoples: the ‘New Justice’ and Settler States." Australian & New Zealand Journal of Criminology 32, no. 2 (August 1999): 105–7. http://dx.doi.org/10.1177/000486589903200201.
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David, Jean-Denis, and Megan Mitchell. "Contacts with The Police and The Over-Representation of Indigenous Peoples in The Canadian Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 63, no. 2 (September 1, 2021): 23–45. http://dx.doi.org/10.3138/cjccj.2020-0004.
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There is abundant evidence of the over-representation of Indigenous peoples in Canadian correctional facilities but, there is, however, limited research on the over-representation of Indigenous peoples at other stages of the criminal justice system. This article examines self-reported contacts with the police by Indigenous peoples in Canada as a way to broaden our understanding of their over-representation in the criminal justice system. Settler colonialism is used as a theoretical framework to better assess the various processes by which Indigenous peoples and police may come into contact. Using data from the 2014 General Social Survey, we quantitatively examine the prevalence of various types of police contacts for Indigenous and non-Indigenous respondents. Results suggest that Indigenous peoples are more likely to encounter the police for a variety of reasons including for law enforcement reasons, for non-enforcement reasons, including being a victim or a witness to a crime, and for behavioural health-related issues. Results are discussed within the context of historical and ongoing settler colonial practices and the over-representation of Indigenous peoples in the criminal justice system.
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Wook, Izawati. "Addressing the Rights of Indigenous Peoples to Resources in Malaysia: A Procedural Justice Approach." International Journal on Minority and Group Rights 26, no. 1 (December 9, 2019): 40–66. http://dx.doi.org/10.1163/15718115-02601003.
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The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform.
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Herrera Acosta, Carlos Ernesto, Carlos Isidro Quinaloa Lluccha, Alex Mauricio Duchicela Carrillo, and Hillary Patricia Herrera Aviles. "The principle of innocence in the administration of indigenous justice in Ecuador." Sapienza: International Journal of Interdisciplinary Studies 5, no. 2 (April 25, 2024): e24030. http://dx.doi.org/10.51798/sijis.v5i2.757.
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The administration of indigenous justice in Ecuador is characterized by having different schemes and ways of resolving a conflict; That is to say, each Aboriginal community and nationality applies indigenous justice according to its worldview, customs, and traditions; however, in general, the principle of innocence that emanates from positive law is also observed within ancestral jurisdiction. The objective of the manuscript is to critically analyze the procedure applied in the administration of indigenous justice to determine whether the principle of presumption of innocence is guaranteed. To carry out this activity, the inductive, analytical, customary, and descriptive method is used; Due to the vision, the objectives, and the complexity, a mixed qualitative-quantitative approach is assumed; It is pure, dogmatic, legal analytical, and descriptive legal; non-experimental design. The population involved is made up of Constitutional Guarantees Judges and indigenous authorities, to whom a six-question multiple choice questionnaire is applied. The results indicate that the investigations and tests determine the innocence or not of the accused, on the other hand, the main evidence that is analyzed within indigenous justice to determine the guilt of the offender is the testimony and background of the offender, this allows conclude by pointing out that if the principle of presumption of innocence is guaranteed in the administration of indigenous justice.
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Sierra, Maria Teresa. "The Revival of Indigenous Justice in Mexico." PoLAR: Political and Legal Anthropology Review 28, no. 1 (May 2005): 52–72. http://dx.doi.org/10.1525/pol.2005.28.1.52.
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