Unfinished business: Aboriginal reconciliation and restorative justice in Australia

Using restorative justice to resolve historical injustices of Indigenous peoples

“…Here the State is implicated in three different, and potentially conflicting, roles: 1) as wrongdoer, 2) as responsible for good government on behalf of all citizens, and 3) as dispenser of justice (albeit each through different arms of the State) (see also Cook & Powell, 2003). As noted by Cunneen (2001, p. 84) in relation to situations of gross violations of human rights:…”

“…Where the State is the offender, the acknowledgement of the relevant wrong necessarily involves overt recognition of what is just (and unjust) conduct between the parties. The process is, therefore, norm affirming (de Grieff, 2007;Gibney & Roxtrom, 2001; although see Cook & Powell, 2003), upholding current, consensual conceptions of justice, and may thereby reduce the likelihood of re-offending by the State.…”

“…But here the similarity ends. Again, the State offender holds most of the power (see also Cook & Powell, 2003). The negotiation of Indigenous historical claims takes place within a systematised agenda and according to predetermined policy that may or may not have been the subject of consultation with Maori.…”

“…For instance, the question of who ought to provide reparation to whom arises because in most cases of historical injustice, the original offender and victim are no longer alive. There are also issues concerning the sense in which the past situation can be restored, and, who or what is to be restored (Cook & Powell, 2003)? Further, there are problems associated with justifying -morally and politically -reparation for historical injustice in the face of competing contemporary claims on land and resources.…”

Truth telling in Australia's historical narrative

“…When justice is sought in a restorative manner aimed at repairing damaged relationships, reconciliation emerges as a method of closure to past injustices (Cook & Powell 2003). Reconciliation, defined as 'consisting of two-way relationships built on trust and respect, recognition and acceptance of rights, histories and cultures, and institutional and community support for all dimensions of reconciliation', is the 'espoused aspiration' of national governments and Aboriginal leaders (Palmer & Pocock 2019, p. 1).…”