Strengthening Indigenous Rights through Truth Commissions: A ...

International Centerfor Transitional JusticeStrengthening Indigenous Rights through Truth Commissions:A Practitioner’s Resourceinformed consent. Additionally, the group should retain some level of control over the implementation ofthe measures. Second, the measures should respect the group’s particular cultural identity, which includesits nature as a collectivity, as well as its values, traditions, and institutions. Finally, in cases of dispossessionand forced displacement, restitution of ancestral territories should be the general rule. If restitution is notpossible (for legitimate reasons) or not desired by the group affected, then fair compensation can beoffered as an alternative.Importantly, as Chris Chapman, head of conflict prevention at Minority Rights Group International, hasobserved, “countries emerging from political transitions are keen to establish their legitimacy internationally,and in this respect, [minority and indigenous peoples] rights are an important benchmark.” 64 Thus, ratherthan viewing CEJ as contrary to transitional justice or as displacing transitional justice principles, countriesshould pursue CEJ as a complementary means for ensuring that the transition process is as inclusive aspossible and does not neglect the rights of their indigenous populations. In accordance with this idea,we ended our analysis with a final section on several ways in which truth commissions and CEJ can bemutually reinforcing.64Chapman, Transitional Justice.32www.ictj.org