Theory and Praxis of Reparations: Perspectives from Canada and Colombia
The Centre for Human Rights & Legal Pluralism presents
- Me 脡lo茂se D茅coste, Trudeau Foundation Scholar and L.L.D.听candidate (UQ脌M)
- Me Marjolaine Olwell, S.J.D. candidate (U Arizona) and legal advisor to the Specific Claims Tribunal
- Yuri Alexander Roma帽a-Rivas, D.C.L.听candidate (McGill) and O鈥橞rien Graduate Fellow
- Laura Baron-Mendoza, D.C.L.听candidate (McGill) and O鈥橞rien Graduate Fellow
Moderated by听Fr茅d茅ric M茅gret
All are welcome
About the talk
In recent decades, claims for reparations of historic injustices have amplified, whether in the context of colonial wrongdoing against Indigenous听Peoples, reparation for enslavement听or compensation for victims of discriminatory laws targeting specific minority groups. Meanwhile, the emergence of transitional justice has sparked the normative development of the right to reparations. Drawing from the cases of Canada and Colombia, this panel will seek to address some of the core legal questions related to the State鈥檚 obligation to provide reparations for massive and/or State-sanctioned violations of human rights and breaches of International Humanitarian Law.
About the panelists
脡lo茂se D茅coste听is a Pierre Elliott Trudeau Foundation scholar and a LL.D. candidate at the D茅partement des sciences juridiques of the Universit茅 du Qu茅bec 脿 Montr茅al. Her doctoral research investigates the State鈥檚听obligation to provide reparation for colonial genocide in the context of ongoing听settler colonialism. Until recently, she acted as Law and Policy Analyst for Quebec Native Women, a grassroots indigenous women鈥檚 organisation that she has represented both domestically and internationally. Previously, 脡lo茂se听was听a听legal advisor to the Canadian Specific Claims Tribunal. She also worked听for the legal division of the International Committee of the Red Cross as well as for the office of the Special Rapporteur for Freedom of Expression听at听the Inter-American Commission on Human Rights. 脡lo茂se holds an LL.M.听suma cum laude听from the Geneva Academy of International Humanitarian Law and Human Rights as well as a bijuridical law degree and听a B.A. in Political Sciences and Environmental Studies听from 香蕉视频. She will respond to some of the main theoretical and practical objections to Indigenous peoples鈥� claims from reparations in the context of settler colonialism.
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Marjolaine Olwell听currently acts as听a legal advisor to the听Canadian听Specific Claims Tribunal. She is an S.J.D. candidate at the James E. Rogers College of Law, University of Arizona, in the听Indigenous People鈥檚 Law and Policy Program, where she was an Assistant Professor of Practice. Previously, she was the lawyer in charge of听the Rapporteurship on the rights of Indigenous peoples at the Inter-American Commission on Human Rights. Marjolaine also听worked听for a boutique firm specialized in Aboriginal law, where she notably represented survivors of the residential school system. She holds an LL.M. from the University of Arizona as well as a law degree and anundergraduate听degree in International Relations and International Law from the Universit茅 du Qu茅bec 脿 Montr茅al.听Marjolaine will discuss the reparation schemes implemented in Canada to address the legacy of the Indian Residential School System.
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Yuri Alexander Roma帽a-Rivas听is an Afro-Colombian lawyer听specialized in International Human听Rights听Law and听Transitional听Justice.He is currently a D.C.L. candidate at McGill鈥檚 Faculty of Law and an O鈥橞rien Fellow at the Centre for Human Rights and Legal Pluralism.听His research focuses on the need to strengthen Colombia鈥檚 transitional justice reparation structures to effectively compensate and restore the rights of Afro-Colombian communities who are victims of the armed conflict.听Prior to joining the McGill Law Faculty, Yuri worked for the Chamber of Amnesty and Pardon at the Special Jurisdiction for Peace (JEP)听in Colombia.听He has also worked as听a human rights specialist for听the Inter-American Commission on Human Rights. Yuri holds an LL.M. in International Law and Legal Studies from the American University,听a LL.B. from听the Technological University of Choc贸听and a听certificate on Afro-Latin American Studies听from听Harvard University.听He听will discuss听how the two main structures that compose the reparation scheme developed in Colombia following the 2016 Peace Agreement have approached reparations for Afro-Colombian and Indigenous communities.听
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Laura Baron Mendoza听is a Colombian lawyer specialized in conflict resolution and currently works as a human rights advocacy officer for MADRE.听She is听also pursuing a听D.C.L.听at the McGill Faculty of Law, where she is an O鈥橞rien Fellow at the Centre for Human Rights and Legal Pluralism. Her research focuses on the socio-legal challenges posed by the interactions between non-state armed actors and state law. This subject derives from her individual work with former members of non-state armed groups in the Urab谩 antioque帽o Region (North-west of Colombia).听In the past, she acted as the听legal team coordinator for Avocats Sans Fronti猫res Canada in Colombia.She has also worked for the High Commissioner for Peace in Colombia during the peace talks between the government and the FARC-EP. Laura holds an LL.M. from the Geneva Academy of International Humanitarian Law and Human Rights and a law degree from the Pontificia Universidad Javeriana. She will discuss the Colombian reparation scheme from the perspective of those who participated in the armed conflict, namely ex-combatants and former members of non-state armed groups.
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