A/HRC/51/50 20. Indigenous peoples should never be stigmatized, criminalized or attacked by State authorities or officials for exercising their rights as set forth in consensual agreements concluded with States or for protesting against violations of those rights. States should clearly recognize the legitimacy of those claims and reaffirm respect for the freedom of expression as a pillar of a healthy, plural and democratic civic space. 21. Access to justice should be ensured for indigenous peoples without restriction or discrimination. The duration of judicial procedures should be reasonable and justified. Before any possible treaty violation, especially if it entails possible damages, the precautionary principle should be applied so as not to allow the violation to worsen and the damage to become permanent. 22. Judicial resolutions on treaty disputes should be respected and enforced, including immediate cessation of the infringing action and effective reparation in line with article 28 of the Declaration. 23. Indigenous peoples are encouraged to consider treaties, agreements or other constructive arrangements as a means of building and strengthening relationships with States in a manner that is better suited to their objectives and according to their own decisionmaking organizations. 24. A mandate for a special rapporteur on the implementation of indigenous peoples’ treaties, agreements and constructive arrangements should be created. 25. United Nations agencies and mechanisms should, in their regular work and duties, support the implementation of concluded treaties, agreements and constructive arrangements. 26. When treaties are considered to be of international concern, indigenous peoples should have access to international bodies for dispute resolution, including existing United Nations treaty bodies. 27. The recommendations issued by the Special Rapporteur Miguel Alfonso Martínez and those made at the three United Nations expert seminars should be followed up and implemented, including the recommendations for the establishment of an international mechanism to handle disputes related to treaties, agreements and constructive arrangements and for the establishment of an international section or body to register and publish all treaties concluded between indigenous peoples and States, giving due attention to securing access to indigenous oral versions of those instruments. 21

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