The “borrowed backyard” versus the principles of restorative justice

Abstract

The purpose of this work is to provide visibility to one of the current problems experienced by indigenous peoples in Colombia in general, but in particular the Nasa tribes living in the State of Cauca. Since 1999 the Cauca Regional Indigenous Council (CRIC, from its Spanish acronym) decided to resort to using INPEC’s penitentiary facilities to incarcerate indigenous community members who seriously affect social harmony and balance. The action, which is known as the “borrowed backyard”, is reviewed from three perspectives: i) Restorative justice principles which are known to go back to the traditions of various peoples from different parts of the world; ii) The concept of “remedy” in the exercise of Nasa justice; and iii) The situation of indigenous penitentiary facilities. The initial findings are drawn from documented research on the developments of restorative justice and coexistence, and active participation in various communitybased and institutional forums.