Challenges for the Inclusion of Indigenous Communities in Transitional Justice: Synthesis Report on Africa, Asia-Pacific and Latin America

Challenges for the Inclusion of Indigenous Communities in Transitional Justice: Synthesis Report on Africa, Asia-Pacific and Latin America

Transitional justice mechanisms, due to their historical contexts and doctrinal roots, have not properly recorded the experiences considered relevant by Indigenous peoples. Because they have failed to incorporate the range of Indigenous encounters with violence and oppression, they have not adequately linked the violations of the past with the ongoing marginalization of the present.

However, transitional justice is dynamic and has been gradually incorporating more effective practices to reflect Indigenous experiences. At times, it has been transformed in response to interventions and adaptations by Indigenous communities and thanks to the growing international recognition of Indigenous peoples' rights.

This report summarizes findings, learned lessons and recommendations regarding the participation of indigenous peoples in transitional justice processes based on case studies and field research conducted in Australia, Brazil, Chile, Colombia, Democratic Republic of Congo, Guatemala, Indonesia, Kenya, Morocco, Nepal, Nigeria, Peru, Philippines, Rwanda, Sierra Leone and South Sudan.

The cases examined call for a decisive integration of the framework of Indigenous peoples' rights and Indigenous leadership within transitional justice, decolonizing its approaches, broadening its historical perspective, and enhancing its capacity to shape profound political transformations in modern states. This report summarizes the main themes of a project undertaken between 2021 and 2023 by four GITJR member organizations: Asia Justice and Rights (AJAR), Due Process of Law Foundation (DPLF), the Centre for the Study of Violence and Reconciliation (CSVR), and the International Coalition of Sites of Conscience (ICSC).

For this report in Spanish and a short video sharing the main findings in four languages, please visit the GIJTR website.

 

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CSVR is a multi-disciplinary institute that seeks to understand and prevent violence, heal its effects and build sustainable peace at the community, national and regional levels.



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