A/HRC//18/42
matters involving custom-based family laws, and some land and natural resource-related
rights are recognized by them.16
33.
Support for the practice of indigenous legal systems in Sabah, Malaysia, to allow
such systems to remain autonomous was the result of repeated calls by indigenous leaders
and institutions. The financial support of the federal Government to improve the image of
native courts in Sabah, which had been neglected for decades, is one such example, to be
used for, inter alia, the building of new native courts and a training centre for native court
personnel, where knowledge about indigenous legal systems can be handed down to
younger leaders.17
34.
The indigenous legal systems in the Ratanakiri and Mondulkiri provinces of
Cambodia constitute a good practice, even if they do not have formal State recognition. The
systems are usually consistent with indigenous values, including in relation to the
participation of all individuals and families affected by an alleged crime. Some villagers
explained that they valued indigenous legal systems because of their inclusion of many –
the community – and because judgements reflect the views of the majority. Moreover, in
some communities, village leaders, responsible for, inter alia, maintaining peace in the
community, are selected by consensus and on the basis of criteria that include the extent to
which she or he will act in the interests of the collective.18
35.
The Constitution of Mexico recognizes the right of indigenous peoples to self-
determination, especially with regard to the election and exercise of their own forms of
governance (art. 2). In the same way, the Constitution of Oaxaca (arts. 16 and 25)
recognizes the right of indigenous peoples to elect and nominate their authorities and
representatives in municipalities in conformity with their legal and political systems.
D.
Indigenous women in decision-making
36.
Under human rights law and the Declaration on the Rights of Indigenous Peoples,
women have the right to equality in the exercise of the right of indigenous peoples to
16
17
18
10
Raja Devasish Roy, Sara Hossain, Dr. Meghna Guhathakurta, “Access to justice for indigenous
peoples in Bangladesh”, United Nations Development Programme (UNDP, Bangkok, 2007).
Available from http://regionalcentrebangkok.undp.or.th/practices/governance/a2j/docs/CaseStudy-02Bangladesh.pdf.
Jens Dahl, Genevieve Rose, “Development and customary law”, Indigenous Affairs, International
Work Group for Indigenous Affairs, 2010. Available from http://issuu.com/iwgia/docs/ia_1_2_2010.
Maria Backstrom, Jeremy Ironside, Gordon Paterson, Jonathan Padwe, Ian G. Baird, “Indigenous
traditional legal systems and conflict resolution in Ratanakiri and Mondulkiri Provinces, Cambodia”
(UNDP, Bangkok, 2007).