Transformative justice in a settler colonial transition: implementing the UN Declaration on the Rights of Indigenous Peoples in Canada
In: International journal of human rights, Volume 26, Issue 2, p. 191-216
ISSN: 1744-053X
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In: International journal of human rights, Volume 26, Issue 2, p. 191-216
ISSN: 1744-053X
In: Human rights review: HRR, Volume 21, Issue 3, p. 219-241
ISSN: 1874-6306
In: Peace & change: PC ; a journal of peace research, Volume 42, Issue 3, p. 313-341
ISSN: 1468-0130
Through an examination of transnational advocacy and the Indigenous–Canada relationship, this article advances a compliance model of reconciliation to suggest that reconciliation might be compelled through pressure upon states to comply with their human rights obligations. Drawing upon constructivism, conflict resolution theory, and social psychology, the article proposes that compliance and reconciliation converge as a result of behavioral adjustment and the internalization of values through enforced performance. The article uses four examples for illustration: (1) challenges at the UN Human Rights Committee against gender discrimination in the Indian Act, (2) Canada's belated endorsement in 2010 of the United Nations Declaration of the Rights of Indigenous Peoples, (3) insider–outsider pressure that Canada comply with its human rights obligations with respect to its missing and murdered indigenous women and girls, and (4) the Hul'qumi'num Treaty Group's land claim petition before the Inter‐American Commission for Human Rights. The article concludes that transnational advocacy in the Indigenous–Canada context has had slight to moderate effect in making reconciliation happen.
In: Canadian journal of law and society: Revue canadienne de droit et société, Volume 29, Issue 2, p. 199-217
ISSN: 1911-0227
Abstract
How and why did Canada end up with a Truth and Reconciliation Commission (TRC) rather than a judicially based public inquiry in response to Indian Residential Schools? Using a constructivist-interpretivist approach with interview research with twenty-three key actors, this article traces the path toward the Indian Residential Schools Settlement Agreement. It examines in particular the shift from calls for public inquiry to truth and reconciliation. In sourcing the idea of a TRC, it gauges the balance between transnational influences and home-grown elements and suggests that two different approaches to a truth commission were merged during the settlement negotiations. One approach, associated with the Assembly of First Nations, focuses on accountability and public record, and the other, associated with survivor and Protestant organizations, is more grassroots and community-focused. This article looks at hybridity and gaps in the TRC's design, suggesting that the two visions of a truth commission continue to exist in tension.
In: Human rights review: HRR, Volume 13, Issue 3, p. 349-367
ISSN: 1874-6306
In: Peace & change: PC ; a journal of peace research, Volume 35, Issue 4, p. 660-663
ISSN: 1468-0130
In: Peace & change: a journal of peace research, Volume 35, Issue 4, p. 660-664
ISSN: 0149-0508
In: Third world quarterly, Volume 29, Issue 2, p. 275-289
ISSN: 1360-2241
In: Third world quarterly, Volume 29, Issue 2, p. 275-289
ISSN: 0143-6597
World Affairs Online
In: Political studies: the journal of the Political Studies Association of the United Kingdom, Volume 52, Issue 4, p. 709-727
ISSN: 1467-9248
This paper traces the ways in which the language of reconciliation promotes and detracts from responsibility. What it means to be responsible and to take responsibility is explored through a reading of J. M. Coetzee's novel, Disgrace. Coetzee provokes a nuanced examination of the nature of reconciliation and responsibility in post-apartheid South Africa, particularly how deep a moral transformation is needed and of whom it should be expected. The tensions between pro forma acknowledgement and deep moral transformation are examined with respect to the competing narratives of reconciliation and responsibility that took place during the Truth and Reconciliation Commission and afterwards in South African civil society. The paper concludes with a warning about the delicate balance between responsibility and vilification, reconciliation and denial.
In: Political studies, Volume 52, Issue 4, p. 709-727
ISSN: 0032-3217
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Volume 35, Issue 2, p. 323-346
ISSN: 1744-9324
The meaning of reconciliation in South Africa remains ambiguous and contested. A distinction is drawn between moral and political approaches to reconciliation that invoke thick and thin accounts of solidarity. The discourses of forgiveness and healing are "too thick" because they demand public coherence at the cost of private difference. The promotion of deliberative democracy protects difference, but is "too thin" to enable a substantial basis for reconciliation. Apology, as the fullest expression of "shared history," furnishes the moral transformation necessary for the democratic culture to take root. In this model, reconciliation strikes a balance between solidarity and plurality.
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Volume 35, Issue 2, p. 323-346
ISSN: 0008-4239
In: Journal of human rights, Volume 13, Issue 1, p. 85-102
ISSN: 1475-4843
In: Canadian journal of law and society: Revue canadienne de droit et société, Volume 27, Issue 1, p. 67-73
ISSN: 1911-0227
"Home" to more than 150,000 children from the 1870s until 1996, the residential school system was aimed at "killing the Indian in the child" and assimilating First Nations, Métis, and Inuit children into white settler society. It was, in short, a genocidal policy, operated jointly by the federal government of Canada and the Catholic, Anglican, United, and Presbyterian Churches. Children as young as four years old were torn from their families and placed in institutions that were chronically underfunded; mismanaged; inadequately staffed; and rife with disease, malnutrition, poor ventilation, poor heating, neglect, and death. Sexual, emotional, and physical abuse was pervasive, and it was consistent policy to deny children their languages, their cultures, their families, and even their given names. While some children may have had positive experiences, many former students have found themselves caught between two worlds: deprived of their languages and traditions, they were left on their own to handle the trauma of their school experience and to try to readapt to the traditional way of life that they had been conditioned to reject. Life after residential school has been marred for many by alcohol and substance abuse, cycles of violence, suicide, anger, hopelessness, isolation, shame, guilt, and an inability to parent.First Nations leader Phil Fontaine catalysed the struggle for redress in 1990 when he stunned Canada by speaking about his residential-school experience. The second major catalyst was the Royal Commission on Aboriginal Peoples (RCAP) of 1991–1996, which broadly exposed the horrors of residential schools to Canadians and called for a public inquiry.