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International Centerfor Transitional JusticeStrengthening Indigenous Rights through Truth Commissions:A Practitioner’s ResourceBIBLIOGRAPHYArthur, Paige. “Introduction.” In Paige Arthur, ed., Identities in Transition: Challenges for Transitional Justice in Divided Societies.Cambridge: Cambridge University Press, 2010.Arthur, Paige. “ ‘Fear of the Future, Lived through the Past’: Pursuing Transitional Justice in the Wake of Ethnic Conflict.”In Paige Arthur, ed., Identities in Transition: Challenges for Transitional Justice in Divided Societies. Cambridge: CambridgeUniversity Press, 2010.Chant, Sylvia, and Matt Gutmann. “‘Men-Streaming’ Gender? Questions for Gender and Development Policy in theTwenty-First Century.” Progress in Development Studies 2, no. 4 (2002), 269–282.Chapman, Chris. “Transitional Justice and the Rights of Minorities and Indigenous Peoples.” In Paige Arthur, ed., Identitiesin Transition: Challenges for Transitional Justice in Divided Societies. Cambridge: Cambridge University Press, 2010.De Grieff, Pablo. “Articulating Links Between Transitional Justice and Development Justice and Social Integration.” InPablo de Grieff and Roger Duthie, eds. Transitional Justice and Development: Making Connections. New York: Social ScienceResearch Council, 2009.Hale, Charles. “Neoliberal Multiculturalism.” PoLAR: Political and Legal Anthropology Review 28, no. 1, (2005) 10–19.Huggins, Chris. “Linking Broad Constellations of Ideas: Transitional Justice, Land Tenure Reform, and Development. InPablo de Grieff and Roger Duthie, eds. Transitional Justice and Development: Making Connections. New York: Social ScienceResearch Council, 2009.International Center for Transitional Justice (ICTJ). “Indigenous Voices and Truth Commissions” (Summary of an internationalseminar, ICTJ, New York, May 22–23, 2010.ILO Convention 169. “Indigenous and Tribal Peoples Convention.” Adopted 1989.Jelin, Elizabeth. “Silences, Visibility, and Agency: Ethnicity, Class, and Gender in Public Memorialization.” In Paige Arthur,ed., Identities in Transition: Challenges for Transitional Justice in Divided Societies. Cambridge: Cambridge University Press,2010.Kymlicka, Will. “Transitional Justice, Federalism, and the Accommodation of Minority Nationalism.” In Paige Arthur, ed.,Identities in Transition: Challenges for Transitional Justice in Divided Societies. Cambridge: Cambridge University Press, 2010.Nobles, Melissa. The Politics of Official Apologies. Cambridge: Cambridge University Press, 2008.Oglesby, Elizabeth. “Historical Memory and the Limits of Peace Education: Examining Guatemala’s ‘Memory of Silence’and the Politics of Curriculum Design.” Carnegie Council on Ethics and International Affairs Fellows Program, History andthe Politics of Reconciliation, 2004.Rubio-Marín, Ruth, Claudia Paz y Paz Bailey, and Julie Guillerot. “Indigenous Peoples and Claims for Reparations: TentativeSteps in Peru and Guatemala. In Paige Arthur, ed., Identities in Transition: Challenges for Transitional Justice in Divided Societies.Cambridge: Cambridge University Press, 2010.United Nations. United Nations Declaration on the Rights of Indigenous Peoples. Adopted by General Assembly Resolution61/295 on September 13, 2007.Van Cott, Donna Lee. The Friendly Liquidation of the Past: The Politics of Diversity in Latin America. Pittsburgh: University ofPittsburgh, 2000Yashar, Deborah J. Contesting Citizenship in Latin America: The Rise of Indigenous Movements and the Postliberal Challenge.Cambridge: Cambridge University Press, 2005.18www.ictj.org
International Centerfor Transitional JusticeStrengthening Indigenous Rights through Truth Commissions:A Practitioner’s Resource4. Addressing Violations of Indigenous Peoples’Territory, Land, and Natural Resource RightsDuring Conflicts and TransitionsCésar Rodríguez-Garavito and Yukyan Lam 13In addressing violations of indigenous peoples’ rights to territory, land, and natural resources, the logic oftransitional justice can be problematic for at least two different reasons. The emphasis on restitution,characteristic of the restorative logic of transitional justice, may clash with ethical, political, and legalprinciples that are just as important, and may neglect considerations of distributive justice. 14Second, indigenous peoples’ conception of the conflict that resulted in the deprivation of their rights maydiffer significantly from that of the mainstream and dominant sectors of society. For example, indigenouspeople may view the conflict as extending back to the era of colonization and may not agree with the narrowertemporal focus of transitional justice policies, which tend to target a specific period of armed conflict ortotalitarian rule. Or they may disagree even with the idea that a transition is taking place at all. Accordingto González and Rice:Transitional justice has been utilized in situations of extreme or massive violence such as armed conflictor under dictatorship, while indigenous peoples have often suffered forms of structural violence thatare normalized and continue to apply in times of peace, even under otherwise democratic regimes. 15In addition, transitional justice policies may emphasize the responsibility of certain actors (such as illegalarmed groups) while minimizing the responsibility of others (such as the state itself or private corporationsthat have provoked, facilitated, or aggravated violations of indigenous groups’ territory, land, and naturalresource rights). As Rodolfo Stavenhagen, the first UN special rapporteur on the rights of indigenous people,has stated: “When land ownership is part of the problem, then strong private economic interests make itvery difficult for Indigenous communities to obtain justice, particularly when there has been little or noprogress in the passing of adequate legislation.” 16In this context, the present article seeks to broaden the conceptual and empirical outlook on transitionaljustice through the inclusion of a new criterion of justice, collective ethnic justice (CEJ), 17 which is analyticallydifferent from transitional justice and social justice, though their challenges may overlap. We contend thatcollective ethnic justice is especially significant for addressing violations of indigenous peoples’ rights toterritory, land, and resources during conflicts and in contexts of transition, given that the rights at stake arecollective in nature and the victims are communities whose cultural survival depends on effective enjoymentof these rights.131415161719Sections of this article are based on earlier versions published in Rodríguez-Garavito, “Ethno-Reparations” and Rodríguez-Garavito and Lam, Etnorreparaciones.For a more detailed discussion of the contrast between the commutative logic of transitional justice and the distributive logic ofsocial justice, see Saffon and Uprimny, Distributive Justice and Kalmanovitz, Corrective Justice.González and Rice, Indigenous VoicesStavenhagen, Big Picture.While this article focuses on indigenous peoples in particular, the term “collective ethnic justice” is so named because in itsoriginal conception we applied it to other ethnic groups in Colombia as well, including Afro-descendant communities. SeeRodríguez-Garavito, “Ethno-Reparations” and Rodríguez-Garavito and Lam, Etnorreparaciones. In Colombia, these groups havebeen recognized as beneficiaries of the same fundamental rights and constitutional protections offered to indigenous peoples.www.ictj.org
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