The participation of indigenous peoples and victims in treaty-making for reconciliation on colonial crimes: between change and stability

Abstract

This article explores the participation of indigenous peoples and victims in treaty-making processes aimed at reconciliation for colonial crimes, analyzing the evolving balance between state sovereignty and inclusive decision-making. While former colonial powers often acknowledge moral responsibility without legal obligations, former colonies increasingly advocate for reparations. Recent bilateral agreements, such as those between Germany and Namibia or Japan and South Korea, highlight the complexities of addressing historical injustices. The article examines how international law is gradually evolving to accommodate indigenous peoples’ rights to self-determination, particularly through the requirement of free, prior, and informed consent (FPIC). It also assesses whether victims’ participation in treaty negotiations is becoming a normative expectation, especially in light of transitional justice principles. While states remain the primary actors in treaty-making, there are signs of increasing recognition of victims and indigenous communities as stakeholders. The article concludes that while international law still prioritizes state sovereignty, the growing emphasis on participatory rights signals a potential shift towards a more inclusive and equitable approach to reconciliation for colonial injustices.