E/CN.4/2004/80 page 12 prisoners, and are often held in facilities far from their home communities with little contact with their families. Complaints have also been received about restrictions on their religious rights by prison officials, such as access to their spiritual leaders, who are sometimes harassed, or limitations on religious practices by inmates and their defenders. 34. Legislation imposing mandatory imprisonment for minor offences also appears to target offences that are committed disproportionately by indigenous peoples. The Committee on the Rights of the Child (see A/53/41), the Human Rights Committee (see CCPR/C/AUS/98/3 and 4) and the Committee on the Elimination of Racial Discrimination (see CERD/C/304/Add.1 and A/55/18) have all noted that this measure discriminates in practice against indigenous peoples and leads to penalties unrelated to the severity of the offences committed. It is encouraging to see that the Australian Juvenile Justice Amendment Act (No. 2) 2001 repealed mandatory sentencing for juvenile offenders, whereas the Sentencing Amendment Act (No. 3) 2001 repealed mandatory sentencing for property offences against adults.17 35. States should ensure that indigenous children in contact with the juvenile justice system are protected from discrimination and that their cultural rights are respected. In many countries, indigenous peoples face discrimination at all levels of society; for this reason, it is essential to train law enforcement officials in child rights and raise awareness about discriminatory practices in an intercultural environment. Law enforcement officials must be especially sensitive to the needs of aboriginal girls in contact with the juvenile justice system. 36. Indigenous children may also be at a disadvantage when their families cannot afford legal counsel and free legal aid is not provided. Indigenous children are at high risk of not being properly defended, hence more likely to be found guilty and to endure harsher sentences than their non-indigenous counterparts. Legal assistance should also be provided in their language and be of good quality. The Convention on the Rights of the Child sets forth the rights of children in the justice system that must be effectively protected by State authorities under all circumstances, especially in the case of indigenous youth and children in an intercultural environment. Owing to geographical and cultural distances between indigenous communities and official agencies, birth registration rates of indigenous children are often quite low. Registration is important for all children to be able to enjoy the protection they are entitled to in the juvenile justice system. 37. The language of judicial proceedings is often a problem for the adequate protection of the rights of indigenous people. In countries where indigenous languages are not officially recognized, this may be a major disadvantage. Contrary to legal provisions, interpreters and public defenders for indigenous people may not be available, and if they are, it is likely that they are not adequately trained or well versed in indigenous culture. Frequently, court officials may be biased against indigenous people in their districts. Such is often the case in some Asian countries, where legal texts and proceedings are written and carried out in English or a national language not understood by an indigenous community.18 When they cannot participate actively in judicial proceedings, indigenous people are particularly vulnerable and are unable to exercise any control over crucial matters concerning their fate. 38. In Guatemala, the right of defendants to a Maya-language interpreter was introduced in the Penal Code in 1992 and court interpreters have been hired since 1998. In fact, however, ordinary justice ignores indigenous law and criminalizes it, and it also discriminates against