The permanent people’s tribunals and indigenous people’s struggles in Mexico: Between coloniality and epistemic justice?

Abstract

On 21 October 2011, hundreds of Mexican civil society organizations formally submitted a petition to the Lelio e Lisli Basso Foundation in Rome to justify the opening of a Mexican Chapter of the Permanent People’s Tribunals (PPT). The PPT was established in 1979 as the successor to the Russell Tribunals on Vietnam (1966–1967) and on the Latin American Dictatorships (1974–1976). The PPT is considered an ethical non-governmental tribunal and their sessions are described as a mechanism for raising awareness of national and international public opinion on rights violations. This article investigates the potential of the PPT for contributing to epistemic justice in Mexico, by focusing on indigenous people communities’ long-term struggle for legal pluralism and autonomy. In so doing, it offers an analysis about the coloniality of international human rights law operating in nongovernmental mechanisms of popular litigation such as the PPT; a perspective that has remained absent in critical international and global studies. In particular, the article argues that the PPT in Mexico is imbricated with Eurocentric modes of legal production but that it nonetheless has the potential to contribute, in a relevant but fragile way, to epistemic justice. On the one hand, it is observed that PPT key documents and statements explaining different forms of violence in Mexico emphasize causal relationships based on the all-encompassing power or logic of capitalism. This perspective, it is argued, has the effect of epistemic erasure: notions and practices of justice that exceed this logic are silenced in the process of legal translation for the construction of “model cases”. On the other hand, the article highlights the coexistence of different notions of justice in one of the PPT thematic hearings on Violence against Corn, food sovereignty and autonomy hold in Oaxaca, Mexico, to argue for a re-thinking of the monocultural state-centric legal frames that ground PPT legal qualification. As the PPT classify social grievances in legal terms through the lens/gaze of international law, this legal qualification works as an activity of “translation”, in some cases of incom-mensurable notions of justice or absence of justice, violence or well-being. The article concludes with an emphasis on the potential contributions of the PPT to epistemic justice as the political visibility of the many ways in which justice is understood and experienced despite the many forms of violence and oppression in contemporary Mexico.