E/CN.4/2004/80 page 17 towards adapting the rules of evidence and requirements of proof to indigenous perceptions. This suggests that the courts are attempting to take into account the cultural identity of indigenous communities and to show some willingness - as in this case - to consider indigenous perceptions of land ownership and occupation. 57. It is important that treaties signed between indigenous communities and States be taken into account when deciding land issues. Unfortunately, in several land rights cases national courts seem to ignore the international standards on indigenous rights, including those concerning restitution and compensation. 58. In South Africa, the Traditional Courts Act (2003) authorizes and establishes a hierarchy of customary courts whose jurisdiction extends to criminal and civil cases. In accordance with the Act, the courts will be operated by members of the community and decisions will be based on the customary laws of the community, in line with the constitutional values of democracy and equality. 59. Indeed, many indigenous cultures do not share the emphasis of official legal systems on judgement, punishment, and taking the offender out of his community. Comparative research shows that in dealing with offenders, indigenous legal systems tend to emphasize restitution, compensation and the restoration of social and community harmony rather than punishment and the physical isolation of delinquents which occurs in most official judicial systems handled by State administrations. 60. Indigenous communities in Ecuador retain many of their legal practices based on indigenous customs and traditions. Common conflicts are dealt with by the family, whereas more important matters are referred to the competent indigenous authorities, who discuss the matter in a general community assembly. However, claims are often raised that these actions are limited only to minor cases. The Special Rapporteur is of the opinion that efforts should be made to seek ways to ensure that indigenous judicial systems are complementary to the State system. 61. In Guatemala, Maya communities continue to use their legal systems to solve conflicts between their members following Maya traditions and based on dialogue and negotiation. Maya customary laws attempt to involve the whole community in resolving matters of conflict, including property issues, family issues and theft. Community members also seek general advice from the Maya authorities. 62. Cultural programmes exist in several United States prisons, where there are many indigenous inmates, and have proven to be very beneficial. Indigenous representatives have repeatedly asked for indigenous prisoners to have the right to have access to native spiritual leaders and counsellors, sacred medicines and instruments such as sage, cedar, sweetgrass, tobacco, corn pollen, sacred pipes, medicine bags, eagle feathers and headbands and ceremonies such as the sweat lodge and pipe ceremonies.29 In Australia, indigenous peoples participate in programmes, such as community policing, night patrols, Community Justice Panels and Groups, circle sentencing and Aboriginal courts, such as the Nunga Court, the Murri Court and the Koori Court.