SPPH Final Reading Notes.docx - Week 8 Justice Inequities...

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Week 8 Justice, Inequities and Aboriginal Health Monday, February 26: Decolonization and transitional justice—implications for health equity? Balint et al., “Rethinking transitional justice, redressing indigenous harm: A new conceptual approach.” Reading: transitional justice has not adequately accounted for past colonial harms and their ongoing effects Commitment to structural justice will enhance the ability of transitional justice to recognize and address structural injustice in settler colonial and other contexts Transitional justice: has tended to ignore extent to which liberal democracies themselves might be considered in needs of postconflict reconciliation and restorative justice Extensive and enduring harms caused by settler colonial practices in AUS, NZ, CA, and US have not constituted the traditional focus of transitional justice discourse and practice→ western countries tend to appear as the actors that can best support transitional justice processes in post conflict countries such as east timor, rwanda and libya rather than subjects of transitional justice that might need to reckon with their own problematic pasts Examples of transitional justice mechanisms: Truth commissions, reparations, apologies and prosecutions Centered on the goals of acknowledgement and reconciliation , and accountability Transitional justice has strengths that can be built upon Conventionally been located in moments of political change to enable and shape political transition through legal measures Flexibility and potentiality→ attractive approach for addressing historical injustices of settler colonialism that to date have not been addressed as harms Limited temporal response Should open up to indigenous worldviews and jurisprudences rather simply continuing to privilege western frameworks Transitional Justice and Structural Harm. Transitional justice now constitutes a dominant international framework for conceptualizing and pursuing redress for systematic violations of human rights, including military rule and civil war, genocide and widespread oppression Relevance? Inadequate attention to deeper socio economic and structural causes and consequences of conflict Transitional justice operate in accordance with an individualistic legal framework w/o facilitating deep engagement with structural injustices and type of interventions needed to address them Field had engaged litle with broader long term structural inequities and harms, esp those that lie outside the conventional transitional justice model of transition from authoritarian to democratic regime Liberal , individualistic level model of accountability, traditionally pursued through criminal prosecutions, transitional theories and initiatives have not foregrounded the structural and societal arrangements that enable or facilitate human rights violations and other harms→ institutional arrangements and structures may be deeply implicated in
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