Restorative justice: the indigenous justice system

Abstract

Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the Europeanbased system practiced in fhe USA are presenfed. The discussion highlights fhe legacy of colonialism for tribal communities and fhe resilience and creative resistance thaf have continued fo characterize fhe spirit and ingenuity of Indigenous peoples.Traditional Native American justice is rooted in notions of relationship and dialogue rather than adversarial dispute, harmony and balance rather than proof and guilt, and renewal rather than punishment. (Peat, 1996) Mosf scholars esfimafe fhaf fhe US indigenous populafion af fhe fime of European 'discovery' (1500-1600) numbered 2-5 million (Snipp, 1989). By 1890, fhaf populafion had reached a low of 228,000, due largely fo fhe infroducfion of communicable diseases for which fhey had liftle resistance, but to which Europeans had developed immunities across generations (e.g. smallpox, cholera, diphtheria, bubonic plague, influenza, fyphus, fyphoid, measles, and scarlef fever). Massive populafion losses left Indigenous communifies even more vulnerable to increasing colonial incursions, adding to the loss of life fhrough milifary invasions and massacres, famine, and slavery. As colonial power grew, increasing levels of hegemony were imposed. Warfare and conftnemenf prevenfed fhe growing and gathering of food and reduced once self-sufficienf communifies fo dependence, often resulfing in sfarvafion. Legislafion and milifary presence affecfed every aspecf of life, prohibifing self-govemance, spiritual practices, fradifional mefhods for dispufe resolufion, and communal land ownership. Forced removal and acculfurafion of successive generafions of children added fo fhe violenf mefhods used fo confrol and desfroy Indigenous Nafions and culfures (O'Brien, 1989).During fhe early colonial period (1600s), fhere were more fhan 600 fribes fhroughouf Norfh America, each wifh unique fraditions and languages. Despite this cultural diversity, fhese tribal communifies shared a common worldview regarding family and communify. Whereas fhe prevailing culfure of European colonizers was *Corresponding aufhor.

Safety for American Indian Women

“…[These cultural approaches] also demonstrate that Native philosophy and points of view must inform our thinking so that we can one day decolonize a culture that has sanctioned violence against us" (p. 113). In addition, restorative justice, which is an approach to justice long used by indigenous peoples which does not focus on retribution but rather collective healing in the aftermath of a crime (Hand et al, 2012) was not incorporated into the policy. Therefore, Title IX did not support AI/NA women victims of non-AI/NA abuse in a way that encouraged them to heal in culturally appropriate ways.…”

“…Restorative justice is an approach to reducing crime wherein harmony and balance are sought between both perpetrator and victim as opposed to using punitive measures (Hand, Hankes, & House, 2012). Further, the focus of restorative justice is on how harmony can be restored to an affected group and acknowledges that an entire community, not just an individual, are affected by acts which disrupt unity (Hand et al, 2012).…”

“…Restorative justice is an approach to reducing crime wherein harmony and balance are sought between both perpetrator and victim as opposed to using punitive measures (Hand, Hankes, & House, 2012). Further, the focus of restorative justice is on how harmony can be restored to an affected group and acknowledges that an entire community, not just an individual, are affected by acts which disrupt unity (Hand et al, 2012). Restorative justice has been used within indigenous communities long before European settlers arrived to the U.S. and operates in contrast to the criminal proceedings of the western world as it attempts to recognize the humanity in all people as well as the way a community can problem solve beyond mere punishment or retributive measures of an individual for a crime (Hand et al, 2012).…”

“…That being said, according to TribalCrit, Title IX does not adequately address prosecution of non-AI/NA members in a way that decreases colonization and addresses the liminal space of which AI/NA people occupy. This approach does not support the use of restorative justice, which has been effectively utilized for centuries by Indigenous peoples when someone has been victimized as it fails to allow the entire community to evaluate the crime and focuses solely on punitive measures of justice (Hand et al, 2012).…”

Growing Beyond Nutrition:

“…Within many Indigenous contexts health and wellbeing requires not only nutrition, but cultural knowledges and their intergenerational transmission, and culturally-mediated and familycentered relationships and activities that surround the tending, gathering, preserving, preparing, and sharing of food (Adelson, 1998;Morrison, 2011). For many communities, (re)connection with ancestral foodways and systems holds potential not only to address food insecurity, but to provide the community cohesion, self-esteem, and wellness needed to redress disproportionate rates of social inequities such as under-employment and low educational attainment, which are, in turn, correlated with crime (Bagelman, Deveraux & Hartley 2016;Hand, Hankes & House 2012). While food security focuses primarily on dietary health, food sovereignty offers a holistic and relational conceptualization of wellbeing.…”