Restorative Justice Model for the Yaqui Communities in Mexico and the United States
Introduction: This paper presents the theoretical model of restorative justice applied to the case of the Yaqui communities in the regions of Oyoemedel Río and Southern California. It analyzes the relationship of this ethnic community with their counterparts in Mexico and the United States of America (USA) regarding their claims for restorative justice. The study was conducted from a perspective that highlights the cooperation between the Yaquis living in both countries in defending their rights to their lands, territories, and other natural resources. Additionally, it addresses the legal challenges they face due to being in different countries and the strategies they employ on both sides of the border to access their sacred resources such as land, water, and culture. The findings also include an examination of international, national, and local instruments that endorse restorative justice for the indigenous population. Ultimately, it is concluded that through restorative justice and by adhering to the recommendations issued by international, national, and traditional organizations, it will be possible to redress human and collective rights violations suffered by the Yaqui people.
The Yaqui communities, located in both Mexico and the United States, have been jointly striving to defend their ancestral rights to lands, territories, and natural resources crucial to their culture and livelihood. This cross-border collaboration underscores the significance of restorative justice as an approach to address the historical violations of their human and collective rights.
One of the most significant challenges faced by the Yaqui people is the legal barrier posed by being in different countries. This situation complicates the defense of their rights and access to their sacred resources. However, they have developed creative strategies to overcome these difficulties and have found ways to maintain their cultural identity and connection to the land and water.
This study highlights the international, national, and local instruments that endorse restorative justice as a fitting framework to address the issues faced by indigenous communities like the Yaquis. These instruments provide legal foundations and principles that can guide efforts of redress and reconciliation.
Restorative justice is presented as a viable option for repairing the human and collective rights violations suffered by the Yaquis. However, its effectiveness largely depends on the willingness of the involved states to comply with the recommendations issued by international, national, and traditional organizations. By working together, significant progress can be made towards justice and reconciliation.
Conclusion: Restorative justice represents a valuable tool for the repair of injustices suffered by the Yaqui communities in Mexico and the United States. By respecting their ancestral rights and collaborating in the defense of their sacred resources, the states can contribute significantly to the redress of past violations and the promotion of a fairer and more equitable future for the Yaquis and other indigenous communities.
Articulo original de:
RIVERA COHEN, Aracely y CASTRO PERALTA, Elia. Justicia restaurativa para la población yaqui de la frontera entre México y Estados Unidos: yaquis del río y yaquis del sur de California.