E/CN.4/2004/80
page 18
63.
In Guerrero, Mexico, indigenous communities created an inter-community local police
force, whose aim is to complement the work of the State police and to prevent, prosecute and
punish offences and crimes committed in the communities. It also seeks new ways to
re-integrate the delinquent and facilitate his return to the community, working in social services
or other community tasks (see E/CN.4/2004/80/Add.2).
64.
The New Zealand Bill of Rights Act (1990) guarantees offenders the right to
interpretation if needed and to legal aid, which may include having documents served and filed
in Maori. The Department of Corrections and New Zealand Police have cultural advisers
available for Maori. In 2001-2002, the Legal Services Agency supported 24 Community Law
Centres, including 4 Maori Community Law Centres. The Maori language was recognized
officially under the Maori Language Act 1987. The legislation recognizes the right of Maori to
speak Maori in courtrooms and provides translation services for the judiciary. The Government
is committed to improving the responsiveness of the criminal justice system to Maori. Provision
has been made for the inclusion and utilization of Maori justice processes and practices within
the system itself.
65.
In some States where national laws do recognize indigenous peoples and their rights,
these laws are not applied in practice. In the Russian Federation, recent federal laws guarantee a
wide range of indigenous rights, including their participation in the development of laws and the
implementation of programmes that affect them, as well as the possibility of a quota system in
order to ensure that indigenous peoples have a voice in legislative bodies. However, secondary,
regional and local legislation to implement the principles of the federal legislation has not yet
been adopted.30
66.
In Morocco, parents are often not able to give their children an indigenous name,
because the registrars refuse to acknowledge indigenous names. Although the Royal Decree
of 17 October 2001 recognized the Amazigh dimension of the Moroccan identity and a new law
on the registry system was adopted in 2002, parents must still use a list of non-indigenous names
in choosing children’s names.31 Measures that do not recognize the cultural identity of
indigenous peoples are inconsistent with article 27 of the International Covenant on Civil and
Political Rights and ILO Convention No. 169 concerning Indigenous and Tribal Peoples in
Independent Countries.
67.
Indigenous customary law, which is often not recognized by the official legal system, is
rooted in local traditions and customs and usually answers the needs of indigenous communities
regarding the maintenance of social order and harmony, the solution of conflicts of various kinds
and the process of dealing with offenders. Countries that have been able to incorporate respect
for customary indigenous law in their formal legal systems find that justice is handled more
effectively, particularly when dealing with civil and family law, but also in certain areas of
criminal law, so that a kind of legal pluralism appears to be a constructive way of dealing with
diverse legal systems based on different cultural values.
68.
Some critics argue that the customary law of indigenous peoples does not provide
sufficient guarantees for the protection of universal individual human rights. But even if this
were a true statement based on sufficient evidence, it should not be used to write off indigenous
customary law altogether, but rather as a challenge to bring both approaches closer together by