Colonialism and Historical Injustice

Reparations for Indigenous Peoples

Bibliographic Data

ID12346752
AuthorsChris Cunneen (0000-0002-3348-9282, corresponding author)
Year2005
Volume15
Issue1
Pages59-80
Publication date2005-04-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueSocial Semiotics (JOURNAL)
Journal identifiersISSN: 1035-0330 • E-ISSN: 1470-1219
PublisherRoutledge (PUBLISHER • GB)
DOI10.1080/10350330500059130
OpenAlexW2088316515
LanguageEN
Citations received4
References cited5

This article is concerned with the issue of reparations for Indigenous peoples for the harms caused by colonial law, policy and practice. I argue that many of the harms against Aboriginal peoples in Australia and north America relied on law for their legitimacy. Law was essentially aimed at facilitating the destruction of Indigenous cultures. An underlying thread to these human rights abuses were colonial assumptions about the racial inferiority of Aboriginal peoples. For an in-depth discussion of guardianship duties, state obligations and parental rights, and their relationship to the removal of Aboriginal children, see Buti (2004). The article questions whether law can now provide justice for Indigenous peoples for these historical wrongs. It discusses the limitations of attempts to seek redress and compensation through the courts. It considers the arguments for a Reparations Tribunal or Commission as an alternative to the failure of the legal system to provide a just response to injustice. Reparations

Colonialism · Economic Justice · Human rights · Indigenous · Indigenous rights · Injustice · Legitimacy · Political science · Politics · Redress · Restitution · Sociology · Tribunal · Indigenous Health, Education, and Rights · Law

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