Repairing Historical Injustices: Indigenous Peoples in Post-Conflict Scenarios

Summary

INTRODUCTION

Historical injustices are increasingly present in the debate and reflections on human rights and theories of justice. A conception of justice is emerging that goes beyond merely exacting retribution from the guilty party, but which seeks reparation and, when possible, reconciliation from the victims’ point of view; it should be noted that reparative or restorative justice has gained increasing acceptance and is not limited to analysing the present, but also looks back at past abuses. The efforts to repair the injustices of the past ‘form an important part of the search for justice in the present.’ The effects of past abuses such as colonialism, slavery and the expropriation of indigenous lands are still felt and, to a large extent, determine present inequalities and structural discrimination. Indigenous peoples from all continents are increasingly claiming their right to reparation for abuses and injustices both past and present.

However, the current situation of exclusion and marginalisation affecting indigenous peoples is exacerbated in contexts of armed conflict. Conflicts have devastating consequences for vulnerable groups and the case of indigenous peoples is of particular concern, as has been amply demonstrated in Colombia, Guatemala, Nigeria and the Philippines, to mention only a few.

This study aims to analyse the way in which post-conflict scenarios create opportunities which, if used effectively, can contribute to transforming the situation of historical marginalisation and exclusion suffered by indigenous peoples. This essay will first address the debate on the right to reparation for historical injustices and the progressive legal recognition of this right in relation to indigenous peoples. Second, the impact of armed conflict on indigenous peoples will be described and, for this purpose, the case of the indigenous peoples of Colombia, in the context of internal armed conflict, is particularly illustrative. Finally, the opportunities offered by post-conflict contexts for equality and the correction of inequalities suffered by indigenous peoples will be analysed. For this purpose the case of Guatemala and the reparation of historical injustices as an element in the Peace Accords will be examined. Furthermore, this case clearly exemplifies the enormous difficulties faced in this type of processes.