Abstract

DLESTIKOVA, Tereza. INDIGENOUS AND RESTORATIVE JUSTICE MEETING POINTS. Novum Jus [online]. 2020, vol.14, n.1, pp.15-40.  Epub Aug 15, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2020.14.1.2.

The introductory part of the article focuses on the concept of legal pluralism, on the legal system of indigenous communities in Colombia and their own worldview, with an emphasis on the Nasa people located in the Cauca Department. Then, it underlines the key aspects of ancestral practices related to dispute resolution, which are the offender's recognition of responsibility, his feeling of shame, the victim's forgiveness, and the restitution of the original state, in order to reintegrate the transgressor to the community, to recover the social peace and, in general, to prevent conflicts.

After pointing out the main features of traditional indigenous dispute resolution forms, the article concludes that there are similarities between indigenous and restorative justice. Thus, indigenous law could be an inspiration for the modern criminal law regarding the restorative and conciliatory issues, from the contemporary law point of view.

Keywords : legal pluralism; indigenous communities; Colombia; indigenous jurisdiction; restorative justice; dispute resolution.

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