E/CN.4/2004/80 page 20 federal law and prosecuted in federal courts. The Navaho Nation legal system also uses a traditional legal process alongside the American common law model called Hozhooji Naat’aanii, or peacemaking, which is a form of mediation where peacemakers give opinions to assist parties in resolving their dispute through teaching and guidance.34 74. In 1999, the Tsuu T’ina Nation of Alberta, Canada, inaugurated, with provincial government support, a comprehensive aboriginal justice system, in a partnership that blends aboriginal justice traditions, including the office of peacemaker, with the Provincial Court of Alberta. The Tsuu T´ina Court has jurisdiction over offences that take place on the reserve; the peacemaker’s role includes active promotion and teaching of traditional values and restoring harmony within the community. The Federation of Saskatchewan Indian Nations is negotiating with the federal and provincial governments to set up a justice system rooted in First Nation values, culture and spirituality, which represents a community-driven process. The Mi’kmaq Nation is working on similar projects.35 75. In New Zealand, the Treaty of Waitangi, signed in 1840 by the settler government and more than 100 Maori chiefs, recognized local Maori land and fishing rights, but these had been whittled away by subsequent governmental and private actions. The Waitangi Tribunal was established by the Treaty of Waitangi Act 1975 to hear claims by Maori about the acts or omissions of the Crown that have prejudiced them and to make recommendations to the Crown on those claims, which may include grievances concerning discrimination in relation to the justice system. The Tribunal attempts to restore Maori status both substantively, through its carefully considered decisions, and procedurally, by giving due respect to Maori custom. Findings of fact are often based upon extensive historical and anthropological research, but its uniqueness lies in its procedural features - an innovative amalgam of Maori custom and British settler court practice. The Maori Land Court is the only Maori court; it deals with land issues and its transactions are carried out in a traditional and appropriate manner, including the use of the Maori language. 76. There is increasing interest in New Zealand in the concept of restorative justice. The Ministry of Justice interprets this in a practical sense to mean a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future. The adoption or recognition of restorative justice concepts in legislation brings customary and statute law closer together. The concept and practice of Family Group Conferences, closely allied with restorative justice models, aims to provide holistic engagement with young offenders and give them, their families and the community a stake in reducing crime and building stronger communities from the “flax roots” up. 77. Norway now has both a Land Disputes Tribunal, which adjudicates on questions relating to land titles, the right of usufruct and boundary disputes involving Sami people, and a district court within the Sami language administrative district, in which the Sami and Norwegian languages have equal status. 78. In Australia, the Community Justice Group projects, which started in 1993, aim to provide Aboriginal peoples with a mechanism for dealing with problems of justice and social control that is consistent with Aboriginal law and cultural practices as well as the

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