E/CN.4/2004/80 page 6 and strengthening cooperation with United Nations bodies and agencies. He is especially grateful to the Governments, indigenous peoples’ organizations, United Nations agencies, research institutions and concerned individuals who responded positively to his appeal for information. 6. This report concentrates thematically on a major issue that is of particular concern to indigenous peoples, namely the problems they face in dealing with the justice system and the relation between indigenous customary law and national legal institutions, particularly as concerns the protection of human rights. The major concerns involving indigenous rights range from issues related to land, territory, the environment and natural resources to language, culture and education. A fair and effective justice system is crucial in fostering reconciliation, peace, stability and development among indigenous peoples. 7. To support the work of the Special Rapporteur in this area, a questionnaire was sent to Governments and United Nations agencies and programmes aimed at seeking information on legislation, policies and programmes on this subject. The Special Rapporteur thanks the Governments of Argentina, Australia, Chile, Finland, Guatemala, Mexico, New Zealand, Norway and the Russian Federation for their timely responses and comprehensive information, which were most helpful in the preparation of this report. He also thanks multilateral agencies such as the International Labour Organization (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Development Programme (UNDP), the World Intellectual Property Organization (WIPO) and the United Nations Children’s Fund (UNICEF) for the information brought to his attention. He also wishes to express his appreciation to the numerous organizations of indigenous peoples and human rights associations that provided him with valuable information. 8. The Special Rapporteur is also encouraged by the increasing number of contributions from academic institutions on issues such as indigenous customary law and alternative dispute resolution mechanisms. To support his work in this area, and encouraged by the proposal contained in Commission resolution 2003/56, the Office of the United Nations High Commissioner for Human Rights (OHCHR), together with the Universidad Nacional de Educación a Distancia (UNED), the leading Spanish distance education institution, organized an expert seminar on this subject, whose contributions were helpful in the drafting of this report. He also wishes to thank Dr. Alexandra Xanthaki for her collaboration in the preparation of this report as well as the Centre UNESCO de Catalunya for the support provided to the mandate. I. ADMINISTRATION OF JUSTICE, INDIGENOUS PEOPLES AND HUMAN RIGHTS 9. In his missions to various countries and throughout his extensive contacts with indigenous communities and organizations, the Special Rapporteur has observed that one of the more problematic areas regarding the human rights of indigenous peoples is the field of administration of justice. The effective protection of human rights can be achieved only if all persons without discrimination of any kind have free access to justice, and if the dispensing of justice is carried out fully, disinterestedly and impartially. As the Special Rapporteur has informed the Commission on Human Rights in his previous reports (E/CN.4/2002/97, E/CN.4/2003/90), indigenous peoples have been the historical victims of persistent patterns of denial of justice over long periods of time.

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