Summary

Indigenous justice has been practiced by Indigenous peoples in Oceania and North America since time immemorial. These practices have been disregarded, disrespected, and displaced by Eurocentric principles of criminal law and procedure—a system that has been forced upon Indigenous peoples without their consent. As a result of colonization, Indigenous peoples have endured a system that not only has used its laws to erase the existence of Indigenous peoples but also has failed to recognize and honor Indigenous peoples’ systems and principles of laws.

At the present time, the colonial systems of laws have begun to recognize Indigenous laws and justice; however, the state has still tried to control how, what, and where Indigenous laws and justice can be utilized. There continues to be a lack of understanding of Indigenous justice, because most education systems are not required to teach it. This is slowly starting to change, but we are nowhere near the actual recognition and practice of Indigenous justice systems. Indigenous peoples continue to practice their laws despite the colonial systems and processes, and in the future, Indigenous justice will be fully recognized with its own jurisdiction and with Indigenous peoples making healthy and respectful decisions about their own peoples.