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. The chapters were originally published as a special issue in the Journal of Global Ethics, with one addition from The Round Table.”. (shrink)

Twenty years ago, the Truth and Reconciliation Commission of South Africa ushered in a new era, bringing new tools for societies engaged in transition toward more just circumstances. In New paths in reconciliation, transitional and Indigenous justice, sixteen authors take stock of South Africa's Commission and related political processes arising more recently in New Zealand and Canada. The collection includes critical assessment of those processes and radical challenges to their assumptions concerning sovereignty and just process in the current (...) context of settler-colonial states. This introduction reviews the authors' contributions and introduces background for Indigenous approaches to law and justice, including Indigenous reclamation and resurgence. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 281-296.

This paper interrogates the challenges and potentials for solidarity between refugees and Indigenous peoples by bringing decolonial, anti-colonial and anti-imperialist critiques in different parts of the world, including in white settler colonies and in the Third World, into conversation with each other and with Refugee Studies. The first section of the paper offers two analytical steps towards decolonizing mainstream Refugee Studies. The first step involves identifying, analyzing and problematizing what we may call “an elephant in the room,” a parallax (...) gap between Refugee Studies and studies of International Politics. The second analytical step is problematizing and challenging the popular discourses of charity and gratitude that dominate refugee discourses and narratives in the Global North. The second section of the paper engages in a more direct and detailed discussion about challenges to and possibilities for solidarity between refugees and Indigenous peoples. Articulating historical and contemporary parallels between refugee displacement from land and Indigenous dispossession of land, this section demonstrates that there are nevertheless no guarantees for political solidarity. It argues that potentials for solidarity are contingent on a politics of place, as articulated by Indigenous and non-Indigenous scholars; and also possibly on a reconceptualization and reorientation of refugee identity different from the ways it has been constituted in colonial discourses. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the (...) two Australian cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

The position that I seek to defend in this article is that the epistemological hegemony that is presently one of the defining characters of the relationship between Africa and the global North is a form of injustice which makes the talk of ‘global justice’ illusory. In arguing thus, I submit that denying the indigenous people of Africa an epistemology that is comparable to epistemologies from other geopolitical centres translates to questioning their humanity which is a form of injustice. (...) I thus proceed to argue that, as a precondition to an authentic discourse on the possibility of ‘global justice’; epistemic injustice must first be challenged and rejected. In so doing, I am defending the position that the acceptance and respect for the diversity of the peoples of this world and their epistemologies is imperative if genuine justice at global level is to be realised. (shrink)

Transitional justice is positioned as an emergent discourse to grapple with the aim, and subsequent practices, of moving societies mired in violent political relations to more stable, democratic political relations. Increasingly, precepts of transitional justice are being applied to political reconciliatory processes in so- called liberal democratic states. This article examines limitations to transitional justice paradigms especially when applied to Indigenous-state reconciliatory processes by centering Indigenous scholarly discourse critical of both transitional justice and reconciliation (...) processes that position Indigenous peoples, Indigenous lands, and the landed violence of colonialism as fixed in the past. The article offers an analysis of the limitations of neoliberal transitional justice and reconciliation processes that do not realize justice for Indigenous peoples and Indigenous lands by highlighting Indigenous-centered accounts of justice that promote collective capacities of Indigenous nations rooted in the ability of Indigenous peoples to experience themselves in the world in ways that center relations to land, world, and relatives (human and non-human). (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and (...) inter-cultural reconsideration by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and (...) interactions. The normative narrowness of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

The modern environmental movement has a tradition of respect for indigenous cultures and many environmentalists believe that there are important ecological lessons to be learned from studying the traditional life styles of indigenous peoples. More recently, however, some environmentalists have become more sceptical. This scepticism has been sharpened by current concerns with the cause of indigenous rights. Indigenous peoples have repeatedly insisted on their rights to pursue traditional practices or to develop their lands, even when the (...) exercise of these rights has implications in conflict with environmentalist values. These conflicts highlight some important questions in environmental ethics, particularly about the degree to which global environmental justice should be constrained by therecognition of indigenous rights. I explore some of these issues and argue for the relevance of the “capability approach” to environmental justice. (shrink)

The primary objective of this anthology is to make intergenerational justice an issue for intercultural philosophy, and, conversely, to allow the latter to enrich the former. In times of large-scale environmental destabilization, fair- ness between generations is an urgent issue of justice across time, but it is also a global issue of justice across geographical and nation-state borders. This means that the future generations envisioned by the currently living also cross these borders. Thus, different philosophical cultures and (...) traditions of thought should converse to re ect on what is fair to future people. In the remainder of this introduction, we will detail these claims and give an overview of the volume’s chapters. (shrink)

This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the capacity for voice (...) and exit cannot be taken for granted, for community norms may be organized in ways that deny women any voice in its decision-making forums as well as the resources they would need to survive outside the community. This essay draws on research among the Gond, an indigenous community in India, to explore this debate. Given the strength of the forces within the community militating against women’s capacity for voice or exit, the question motivating our research is: Can external organizations make a difference? We explore the impacts of two external development organizations that sought to work with women within these communities in order to answer this question. (shrink)

For the peoples who have inhabited, since time immemorial, the lands within the external borders of the U.S., remediation of genocide, land theft, and ethnocide is a pressing issue. However, monetary reparations would frustrate the reacquisition of the American Indian capacity to self-determine on ancestral lands. Because the injustice at the core of U.S. history is neither broadly acknowledged nor deeply understood, Part I provides historical foundation and sketches the factual predicate to the American Indian claim for redress. Part II (...) presents and evaluates theories of justice with respect to this claim. Part III counters the shortcomings of these theories with a theory, Justice as Indigenism, that propounds a program of land restoration and legislative reform that will accord the full measure of relief to American Indians consistent with the requirements of justice for all peoples. (shrink)

As political theorists address the parochial foundations of their field, engagement with the Indigenous traditions of Turtle Island is overdue. This article argues that theorists should approach such engagement with caution. Indigenous nations’ politics of knowledge production may differ from those of de-parochializing political theorists. Some Indigenous communities, in response to violent histories of knowledge extraction, have developed practices of refusal. The contemporary movement of resurgence engages Indigenous traditions of political thought toward the end of promoting (...) Indigenous intellectual and political sovereignty and self-determination. These practices demonstrate a commitment to epistemic justice that is imperfectly aligned with, and potentially opposed to, inclusion-oriented projects like comparative political theory. If political theorists are to de-parochialize political theory by incorporating Indigenous traditions, they must do so in ways that are respectful of Indigenous peoples’ own struggles for epistemic justice. This can be achieved by drawing on and deepening practices of reflexivity exhibited in leading comparative political theory scholarship, and by allowing Indigenous treaty relationships to set the terms of the encounter. (shrink)

Departing from Christian spiritualities, even those emerging from feminist theologians and Latin American eco feminist liberation theologies, the indigenous women´s movements started to propose their own “indigenous spirituality.” In some key meetings like the “First Summit of Indigenous Women of the Americas” and at other later meetings, their basic documents, final declarations, collective proposals have a spiritual component that departs from the influences of the largely Christian Catholic background of the country. Their discourses, demands, and live presentations (...) have also expressed this religious background. Through several years of interactions and sharing with women in the indigenous worlds of Mexico, the author has systematized a series of characteristics that emanate from a particular cosmovision and cosmogony. These religious references to an indigenous spirituality are inspired on ancestral references re-created today as the women struggle for social justice. The inspiration for their social justice fight is often anchored in these beliefs and practices. It is a reference to worlds of ritual, liturgy, and collective worship that—although being often attired in Catholic and Christian imagery—reveal a deep disjuncture with Christianity and affirm their epistemic particularity. Working from these “cracks of epistemic differences” (Mignolo 2006) the author presents them as a de-colonial effort. Women are actively proposing to recapture ancestral spiritualities to decolonize both the religious universes they were forced to adopt during the historical colonial invasion as well as from the influences of a neo-colonial feminist frame for gender equality. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of (...) an ancient practice 36 -- Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property (...) rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis. (shrink)

Indigenous peoples often embrace different versions of the concept of food sovereignty. Yet some of these concepts are seemingly based on impossible ideals of food self-sufficiency. I will suggest in this essay that for at least some North American Indigenous peoples, food sovereignty movements are not based on such ideals, even though they invoke concepts of cultural revitalization and political sovereignty. Instead, food sovereignty is a strategy of Indigenous resurgence that negotiates structures of settler colonialism that erase (...) the ecological value of certain foods for Indigenous peoples. (shrink)

Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of (...) natural resource justice. It argues that we should use the benefits and burdens flowing from these resources to promote greater equality across the world, and share governance over many important resources. At the same time, the book takes seriously the ways in which particular resources can matter in peoples lives. It provides invaluable guidance on a series of pressing issues, including the scope of state resource rights, the claims of indigenous communities, rights over ocean resources, the burdens of conservation, and the challenges of climate change and transnational resource governance. It will be required reading for anyone interested in natural resource governance, climate politics, and global justice. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental (...) scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

This paper discusses a non-state justice system (Sistema Comunitario de Seguridad, Justicia y Reeducación, hereafter: SCSJR) applied by some of the Afromexican and Indigenous communities of the Guerrero state in Mexico as an example of a maximalist restorative justice system. Restorative justice is presented here as an alternative to criminal justice. While it responds to similar moral concerns as retributive justifications do, it offers more adequate mechanisms of dealing with certain crimes and aims to reduce (...) coerciveness of justice when dealing with lawbreaking. Restorative justice is also an approach that should be perceived as more legitimate when handling cases where the state lacks the moral standing to prosecute offenders. The SCSJR is used as an example to demonstrate the possibility of a justice system based on restorative principles to be effective in handling the entirety of lawbreaking in a community. In the case of the SCSJR this approach to justice has been proved to be effective even in the wake of high levels of criminal activity in the region. This paper discusses the SCSJR’s institutions and attitude toward lawbreaking and argues that they demonstrate an example of a justice system based on restorative justice. (shrink)

This paper proposes a concept of justice for future people that is mindful of Indigenous critiques of the so-called »Anthropocene«. I first review these critiques, which suggest that motivating pro-futural care by dreading an impending climate crisis tends to betray a privileged, often settler-colonial perspective. The beneficiaries of colonialism now have the »luxury« of viewing the environmental crisis as one that lies mostly in the future, while many Indigenous communities have been living with such a crisis for (...) a long time. I then review various Indigenous accounts of intergenerational relations, in which I find the wide-spread claim that present generations owe to descendants because they received gifts from ancestors as well as the land. I elaborate this view as what I call asymmetrical reciprocity among generations. The final section argues that this view can help to demarginalize the future: above all, by disallowing a linear view of time according to which a focus on the future permits the neglect of the past. Hence, climate ethics and intergenerational justice must face the history of colonialism. (shrink)

This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of indigenous rights brought before (...) the Inter-American Court of Human Rights. A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (shrink)

A leading international expert on environmental issues, Shrader-Frechette brings a new standard of rigor to philosophical discussions of environmental justice in her latest work. Observing that environmental activists often value environmental concerns over basic human rights, she points out the importance of recognising that minority groups and the poor in general are frequently the biggest victims of environmental degradation, a phenomenon with serious social and political implications that the environmental movement has failed to adequately address. She argues for their (...) equal rights to 'environmental justice' and maintains that they should not have to bear most of the weight of the burdens of pollution and resource depletion. Advocating a greater awareness on the part of professionals in a position to help these victims, Shrader-Frechette proposes a more equitable distribution of environmental resources and, in doing so, makes an important contribution to the fields of environmental ethics and applied philosophy. (shrink)

indians are the "singing remnants" or "graffiti," in the words of Leanne Betasamosake Simpson ("i am graffiti"). The forms this graffiti takes, our inscriptions on the landscape, are as numerous as our Nations, abundant as our ancestors who loved, lived, and passed down knowledge of our lands and histories. "You are the result of the love of thousands," writes Linda Hogan, who beseeches us to listen to the environment surrounding us (159). Deborah Miranda (Coastal Esselen and Chumash) reminds us that (...) we are also the result of violent histories, in her tribal memoir Bad Indians, a book that relishes the tales of her ancestors who resist and act out to survive. This harm, genocide, and settler mapping of worlds also... Read More. (shrink)

Calls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international and transnational orders (...) generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order. (shrink)

This article engages Queer Theology in conversation with Naga Indigenous Theology. A Naga folk poem is employed to help navigate the intricacies of indigenous experiences and the questions of sexuality in Naga Indigenous Theology. I do this by engaging both Marcella Althaus-Reid and Wati Longchar in their Liberation Theology and move towards queering Longchar’s theology. Using the hermeneutical lens of Althaus-Reid, I demonstrate that there are possible avenues of queering Longchar’s theology. There is also the prerequisite of (...) a justice lens that demands a deconstruction of the colonial legacy in Indigenous Theology. This article shows that Naga Indigenous Theology rooted in Liberation Theology has a potential to propose a Queer Naga Indigenous Theology. (shrink)

It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems (AIJS). In this article, I look into the question of what RJ is. I also present the finding that the term ‘restorative justice’ appears only in transcripts of three public TRC hearings, (...) and the hypothesis that the TRC first really began to take notice of the term ‘restorative justice’ after April 1997, when the South African Law Commission published an Issue Paper dealing with RJ. Furthermore, I show that neither the connection between RJ and ubuntu nor the connection between RJ and AIJS is as straightforward and unproblematic as often assumed. (shrink)

A collection of essays that examine how discussions of justice are most usefully shaped in our world, rethinking how we theorize justice and principles of justice.

Environmental justice seeks fairness in how environmental burdens and risks are visited on poor people, women, communities of color, Indigenous peoples, minorities, and citizens of developing countries. It also concerns whether members of these same groups have fair access to environmental goods such as urban green spaces, forested areas, and clean water. Environmental goods extend, also, to opportunities to benefit from enterprises such as tourism and green infrastructure (Shrader-Frechette 2002; Bullard 2000; Taylor 2000; Whyte 2010). The moral wrongs (...) characteristic of environmental injustices often do not resonate with members of dominant societies. In some cases, those injustices are unknowable. To say that .. (shrink)

Focusing on contemporary social issues-- the environmental crisis, population growth and demographic change, and the question of whether reparations are owed to indigenous peoples--this study presents a theory of intergenerational justice that gives citizens duties to past and future generations, and explains what relationships between contemporary generations count as fair.

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, (...) Peru, and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

In 2004, the Havasupai Tribe filed a lawsuit against the Arizona Board of Regents and Arizona State University researchers upon discovering their DNA samples, initially collected for genetic studies on type 2 diabetes, had been used in several other genetic studies. The lawsuit reached a settlement in April 2010 that included monetary compensation and return of DNA samples to the Havasupai but left no legal precedent for researchers. Through semistructured interviews, institutional review board chairs and human genetics researchers at US (...) research institutions revealed their perspectives on the Havasupai lawsuit. For interviewees, the suit drew attention to indigenous concerns over genetic studies and increased their awareness of indigenous views. However, interviewees perceived no direct impact from the Havasupai case on their work; if they did, it was the perceived need to safeguard themselves by obtaining broad consent or shying away from research with indigenous communities altogether, raising important questions of justice for indigenous and minority participants. If researchers and IRBs do not change their practices in light of this case, these populations will likely continue to be excluded from a majority of research studies and left with less access to resources and potential benefit from genetic research participation. (shrink)

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. Furthermore, in each (...) case, the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)