Wolves Have A Constitution: Continuities in Indigenous Self-Government, Stephen Cornell, International Indigenous Policy Journal, Vol 6, Issue 1, Article 8 (2015).

Discusses global indigenous versions of fundamental law or the natural law of tribal nations. To the extent it remains available, it is pervasive in traditional dispute resolution processes---informing and guiding actions, behaviors, and understandings throughout the resolution process.


cover of reportA new report by the Indian Law Resource Center, entitled Restoring Safety to Native Women and Girls and Strengthening Native Nations, includes some good discussion (with citations) about tribal courts using peacemaking and other tribal traditional dispute resolution mechanisms (pp. 66-72) and also documents the use of Circle Sentencing by the Kake Tribal Court in criminal cases with an eye toward similar further developments (pp. 84-85).  You can download the full report at the Indian Law Resource Center website.

 

What is Peacemaking?

circle of peoplePeacemaking provides a safe structure where people can talk together to resolve conflict. It is a community-based process that addresses the concerns of all interested parties. This process uses traditional rituals, such as the group circle and Clan relationships, to involve parties that are in a conflict. A circle can involve supporters, elders and interested community members. Within the circle, people can speak from the heart, and together identify and agree upon the steps necessary for healing. Read more about what is peacemaking:

 

 

  • An Overview of Restorative Justice Programs. Alaska Journal of Dispute Resolution (2013). Bruce Barnes. In this article the author reviews a variety of local, regional and, national justice practices, including indigenous peacemaking, currently taking place at different sites around the world.
  • Redressing the Right Wrong: The Argument from Corrective Justice. 62 U. Toronto L.J. 93 (2012). Douglas Sanderson. Argues that the single greatest wrong committed against Indigenous peoples has been the historical and on-going suppression of institutions in Indigenous communities that positively affirm their cultures and identities. Argues that to use a framework of corrective justice returns to Indigenous communities institutions that affirm ancient Indigenous values.
  • Restorative Group Conferencing: An Alternative Response to Juvenile Crime in the Yukon, Canada. Alaska Journal of Dispute Resolution (2011). Jeff D. May.  This article reviews and discusses restorative justice generally and describes the operation of community conferencing in the Yukon specifically.  Importantly, the article makes recommendations to those developing alternative resolution strategies which can be applied to communities developing peacemaking systems.
  • Does circle sentencing reduce Aboriginal offending? New South Wales Bureau of Crime Statistics and Research, Crime and Justice Bulletin, Number 115, May 2008. Jacqueline Fitzgerald.
  • Will the Circle Be Unbroken? (2005). Jane Dickson-Gilmore & Carol La Prairie. (limited availability at Google Books; NILL catalog record) Explores factors for the developing and sustaining restorative justice projects in contemporary Canadian Aboriginal communities. Compares and contrasts efforts in New Zealand, Australia, and the United States with those in Canada.

 

 

If you enjoyed this page and would like to learn even more about peacemaking, please visit the peacemaking resources bibliography at the National Indian Law Library. The page includes

  • More Articles on Peacemaking
  • Conference Materials on Peacemaking
  • Materials from the Swift Bird Project
  • Other Materials at the National Indian Law Library