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.