Journal article

Rethinking Transitional Justice, Redressing Indigenous Harm: A New Conceptual Approach

J Balint, J Evansy, N McMillan

International Journal of Transitional Justice | Oxford University Press | Published : 2014

Abstract

Transitional justice has become the dominant international framework for redressing mass harm. To date, however, transitional justice has not adequately accounted for past colonial harms and their ongoing effects. How to confront and redress structural harm has been beyond the purview of its framework. Taking ongoing historical and structural harms against indigenous peoples in Australia as a reference point, we draw on the insights of settler colonial theory to propose a new justice model for transitional justice. We argue that a commitment to structural justice will enhance the ability of transitional justice to recognize and address structural injustice in settler colonial and other conte..

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