E/CN.4/2004/80 page 22 II. CONCLUSION 83. The above observations and discussion bear witness to the human rights problems that indigenous peoples face in the realm of justice and confirm the need for national Governments and the international community to address these issues constructively. Inevitably, each situation described or referred to in the present report has its distinct characteristics and its own dynamics. No policy or strategy for improving the access to justice by indigenous peoples or for eliminating the abuses in the justice system can ultimately be successful in the long term if the root causes of disadvantage are not also addressed. 84. Through his study of the issue, and especially through his country missions, local visits and dialogue with leaders and individuals in the various communities around the world, the Special Rapporteur has found that a human rights protection gap with regard to indigenous peoples is clearly manifested in the operational deficiencies of the justice system, particularly in the area of criminal justice, and largely explains the widely reported lack of confidence of indigenous peoples in their national systems of administration of justice. 85. However, it is not an overstatement to assert that “injustice” in the justice system is only one expression of a more pervasive pattern of discrimination and social exclusion, and that it will only be overcome if all the rights of indigenous peoples, including the right to self-determination, are respected. 86. While States have shown political will in addressing some of the key issues, much work remains to translate it into effective action. In this regard, the Special Rapporteur wishes to draw the attention of States to the root causes of human rights violations within the justice system. He finds it appropriate to recommend that, in addressing these problems, the basic principle of consultation with and participation of indigenous peoples in considering any necessary changes in the legal and judicial system that may affect them, directly or indirectly, be respected. Notes 1 Kirsti Strøm Bull, “The Selbu case” and “The Svartskogen case”, Norsk Retstidende, 2001. 2 Amnesty International, Racism and Administration of Justice (London, 2001), pp. 91-92. 3 Background paper presented at the Expert Seminar on Indigenous Peoples and Administration of Justice by Shankar Limbu (HR/MADRID/IP/SEM/2003/BP.10). 4 See the report submitted by the Russian Federation pursuant to article 25, paragraph 1 of the Framework Convention for the Protection of National Minorities (ACFC/SR (2000) 2).