E/CN.4/2004/80 page 2 Summary Since the preparation of his second annual report to the Commission on Human Rights, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people has carried out two official country missions, to Mexico (1-18 June 2003) and Chile (18-29 July 2003) to observe the situation of indigenous peoples. The country mission reports are contained in documents E/CN.4/2004/80/Add.2 and Add.3, respectively. He also visited indigenous communities in Canada (May 2003), Norway and Finland (October 2003), and has maintained extensive contact with indigenous representatives throughout the world and at international meetings. He continues cooperating with United Nations bodies and agencies on issues concerning indigenous peoples. The present report concentrates on the obstacles, gaps and challenges faced by indigenous peoples in the realm of administration of justice and the relevance of indigenous customary law in national legal systems, issues that indigenous representatives and government delegations, at the Working Group on Indigenous Populations, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the Commission on Human Rights and most recently at the Permanent Forum on Indigenous Issues, have identified repeatedly as being of crucial importance for the full enjoyment of the human rights of indigenous peoples. Indigenous peoples the world over are usually among the most marginalized and dispossessed sectors of society, the victims of perennial prejudice and discrimination. Even when protective legislation is available, their rights are frequently denied in practice, a pattern that is of particular concern in the administration of justice. The justice system covers a wide variety of institutions including courts and tribunals, official registries and land title offices, correctional centres and prisons, designated law enforcement units, public prosecutors and legal services of all kinds, including legal aid clinics. The Special Rapporteur has emphasized that a fair and effective justice system is crucial in fostering reconciliation, peace, stability and development among indigenous peoples. Information from different sources indicates that, in many countries, indigenous peoples do not have equal access to the justice system and that in the operation of the justice system, they frequently encounter discrimination of all kinds. This is partly due to racism and partly the result of the non-acceptance of indigenous law and customs by the official legal institutions of a national State. Indigenous people tend to be overrepresented in the criminal justice system, are often denied due process and are frequently victims of violence and physical abuse. Indigenous women and children are particularly vulnerable in this respect. Numerous cases of criminalization of indigenous social and political protest activities have come to the attention of the Special Rapporteur. Language and cultural differences play their role in this pattern of discrimination, and they are not always sufficiently addressed by the State. Some countries have made progress in recognizing the specific needs of indigenous people in the field of justice and have adopted laws and institutions designed to protect their human rights. Indigenous customary law is being increasingly recognized by courts and lawmakers, as well as by public administration. Some countries are experimenting with alternative legal institutions and conflict resolution mechanisms, with encouraging results.