E/CN.4/2004/80
page 11
28.
Aboriginal citizens in detention are also prone to suffer violence. In 2000, for example,
police officers were accused of abandoning two indigenous men to freeze to death on the
outskirts of Saskatoon. A survey by Correctional Service of Canada pointed out that abuse
played a more widespread part in the lives of Aboriginal women inmates compared to non-native
women. In 1996, Indian and Northern Affairs Canada reported that, “Aboriginal women with
status under the Indian Act and who are between the ages of 25 and 44 are five times more likely
to experience a violent death than other Canadian women in the same age category”.11
29.
In the United States, in the State of Alaska, Natives regularly comprise 34 per cent of all
prisoners although they represent only 17 per cent of the population. Adult Native Alaskans are
incarcerated at a rate 3.2 times higher than that of white Alaskans and Native Alaskan juveniles
are 1.8 times as likely to be adjudicated delinquent as white juveniles. Many people do not
speak English well enough to understand court publications, forms and in-court proceedings.
However, judges are not trained to know when a language interpreter is needed, how to decide if
a particular interpreter is qualified, or how to use interpreters in court. Interpreters are not
trained in legal proceedings neither are they monitored. Moreover, judges and court system
personnel do not receive regular cross-cultural training about indigenous peoples in their area.12
30.
The overrepresentation of indigenous people in corrective institutions is often linked to
overpolicing in areas where indigenous persons live and to the intense focus by enforcement
bodies on indigenous activities, which leads to higher levels of arrests. Studies show that
indigenous people are overrepresented in court, are charged with more offences than
non-indigenous, are more likely to be denied bail, spend less time with their lawyers and receive
higher sentences when pleading guilty.13 Indifference by law enforcement bodies to complaints
by indigenous people can also be discriminatory, as seen in a pattern of poor police responses to
complaints about violence and other disturbances. One reason suggested is the perception that
domestic violence is part of Aboriginal culture or a “tribal norm”; others blame racist stereotypes
by Whites that indigenous people do not deserve police protection.14
31.
Whereas the Government of New Zealand reports that there is no strong evidence of
discrimination against Maori defendants in court, an official study recommends that “strategies
need to be developed to eliminate negative attitudes, to avoid the over-policing of Maori ...”.15
Because Maori continue to be overrepresented in crime statistics, the Government has put in
place a Crime Reduction Strategy (CRS) to address these issues.16
32.
Violence against indigenous people, and particularly women and youth, is widespread in
numerous countries, and only in some States are judicial inquiries held to investigate accusations
of such violence. In the countries he has visited on official missions, the Special Rapporteur has
received numerous reports about violence and physical abuse of indigenous people by local
authorities, law enforcement agencies, military units, vigilante groups, paramilitaries and private
armed squads. Similar complaints are presented regularly by indigenous and human rights
organizations to the relevant international bodies. They express a serious pattern of human rights
violations of indigenous people that must be addressed squarely by the justice system wherever it
occurs.
33.
Reports on the situation of indigenous people in detention suggest that they are held in
overcrowded prisons where conditions are frequently below standard, that they are not provided
with basic health and other services, in violation of international principles for the treatment of