Restitution and postcolonial justice – A dialogical approach

This working paper provides an analysis of grounds for return and restitution frameworks based upon them in different national contexts. One European policy context, namely the German, is analyzed alongside three Latin American legislative contexts: the Argentinian, Chilean, and Brazilian.

Julia von Sigsfeld writes:

As restitution is intrinsically tied to broader societal reckonings with post-coloniality and reflects the (postcolonial) power dynamics at play, the specific grounds for restitution – and the frameworks for defining them – have historically been contentious and must now be further examined through a dialogical approach.

In this paper, I advocate for the transformative potential of such an approach as a way to approximate restitution to a process of postcolonial justice, grounded in the analysis of various restitution contexts.

What defines and legitimizes the grounds for restitution across varied national contexts, and how can dialogical frameworks advance justice in restitution efforts?

The paper interrogates existing restitution frameworks while advocating for a dialogical approach to restitution that foregrounds ethical deliberation and a dialogue among knowledges.