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The restorative nature of Aymara Indigenous justice in Bolivia

Thu, September 12, 4:00 to 5:15pm, Faculty of Law, University of Bucharest, Floor: Basement, Room 0.11

Abstract

Much current scholarship developed in the Global North suggests that the modern idea of restorative justice is not entirely a recent invention; rather, it shares foundational principles and similarities with Indigenous justice. This conference proposal is grounded in fieldwork conducted on Indigenous justice in Bolivia, aiming to elucidate how Indigenous communities perceive and resolve conflicts at the local level. Contrary to common assumptions, this proposal asserts that Indigenous justice in Bolivia significantly diverges from the restorative justice practices prevalent in the Global North. In the Global North, modern justice systems predominantly adhere to retributive principles, emphasising individual blame and punishment, with restorative mechanisms often playing only a supplementary role. Our Bolivian fieldwork revealed Indigenous justice to be a fully-fledged, intrinsically restorative system of justice. Through an analysis of Indigenous justice in Bolivia, the present conference proposal contends that it is the differences between restorative justice and Indigenous justice which are more important to a proper understanding of Indigenous justice. It makes the argument that linking the two may be damaging to the comprehension and survival of Indigenous justice and may also inhibit the real potential of Indigenous justice to enrich justice practices in the Global North.

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