Book contents
- Frontmatter
- Contents
- Acknowledgments
- Author Bios
- Introduction: Identities in Transition
- PART I IDENTITY IN TRANSITIONAL JUSTICE MEASURES
- PART II IDENTITIES, TRANSITION, AND TRANSFORMATION
- 7 Canada and the Legacy of the Indian Residential Schools: Transitional Justice for Indigenous People in a Nontransitional Society
- 8 Transitional Justice and the Rights of Minorities and Indigenous Peoples
- 9 “Fear of the Future, Lived through the Past”: Pursuing Transitional Justice in the Wake of Ethnic Conflict
- 10 Transitional Justice, Federalism, and the Accommodation of Minority Nationalism
- 11 History Education Reform, Transitional Justice, and the Transformation of Identities
- Index
8 - Transitional Justice and the Rights of Minorities and Indigenous Peoples
Published online by Cambridge University Press: 01 March 2011
- Frontmatter
- Contents
- Acknowledgments
- Author Bios
- Introduction: Identities in Transition
- PART I IDENTITY IN TRANSITIONAL JUSTICE MEASURES
- PART II IDENTITIES, TRANSITION, AND TRANSFORMATION
- 7 Canada and the Legacy of the Indian Residential Schools: Transitional Justice for Indigenous People in a Nontransitional Society
- 8 Transitional Justice and the Rights of Minorities and Indigenous Peoples
- 9 “Fear of the Future, Lived through the Past”: Pursuing Transitional Justice in the Wake of Ethnic Conflict
- 10 Transitional Justice, Federalism, and the Accommodation of Minority Nationalism
- 11 History Education Reform, Transitional Justice, and the Transformation of Identities
- Index
Summary
A significant proportion of the situations in which transitional justice claims have been made have affected minorities and/or indigenous peoples, including Guatemala, Peru, Iraq, Bosnia and Herzegovina, Rwanda, and the Sudan. These claims have covered massive and systematic violations such as population displacement, rape, cultural assimilation, and genocide. It is of interest to explore how the rights of minorities and indigenous peoples (MIPs) may be – and in some cases have been – articulated to strengthen such claims for transitional justice, and to produce outcomes in transitional justice processes that contribute to more effective and sustainable justice and reconciliation. Furthermore, the MIP rights framework may further a subsidiary objective of transitional justice – the quest for a more just and inclusive society, in which the chance of a repetition of past abuses becomes more remote.
THE RIGHTS OF MINORITIES AND INDIGENOUS PEOPLES
Minority rights protections were developed to respond to situations involving religious minorities in the Ottoman Empire and tensions between countries containing minorities and neighboring countries to which those minorities bore ethnic affiliation (“kin-states”), particularly during the interwar period. In 1948, the United Nations approved the Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as a number of acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.”
- Type
- Chapter
- Information
- Identities in TransitionChallenges for Transitional Justice in Divided Societies, pp. 251 - 270Publisher: Cambridge University PressPrint publication year: 2010