A/72/186 the establishment of accessible, prompt and effective procedures to process land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; ensuring effective protection from encroachment, including through early warning systems; and the prohibition of forced evictions. Nationa l and regional human rights courts have elaborated jurisprudence that provides a solid basis on the ways to realize indigenous peoples’ rights to their lands and resources, including appropriate remedies when those rights have been violated. The lack of co mpliance with such court decisions remains a concern. B. Access to justice and recognition of indigenous justice systems 57. Many of the obstacles indigenous peoples face in the recognition of their rights to land and resources are linked to undue delays in the existing procedures and their inability to access justice, particularly when rights of third parties are involved. Access to justice remains elusive for indigenous peoples, both because of the numerous obstacles they face to effectively access the general justice systems and for the lack of adequate recognition of their own customary laws and jurisdiction. 62 58. An important component of the international standard of access to justice applicable to indigenous peoples is the due consideration of t heir customary norms and governance as well as of the potential barriers they might face due to language and cultural differences, geographical distance and their social and economic situation. Among these obstacles are insufficient resources to hire lawye rs, absence of interpretation in their languages during court hearings, and the inaccessibility of courts as these are usually located in urban centres. 59. Without consideration of these potential barriers, indigenous peoples face violations of due process when they do not understand legal procedures and when courts are inaccessible. Persistent racism, including in the judicial system, is clearly an obstacle to obtaining justice. 63 This is undoubtedly a factor in the concerning overrepresentation of indigenous persons, including women and young people, in jail. 64 Aggressive litigation, particularly by private parties who seek access to indigenous lands and resources, can be used as a way to hinder effective justice or remedy. 65 60. However, encouraging examples of access to justice have been observed by the mandate holder. These include the admission of cultural expert testimonies, the incorporation of indigenous justice operators within the national justice systems, the use of indigenous interpreters, capacity-building of judges and other justice operators, and the incorporation of Aboriginal law and relevant international standards in law schools. 61. The maintenance of indigenous peoples’ own customary legal institutions and norms is an essential aspect of their right to self-determination. 66 Indigenous jurisdictional functions have been recognized at the national level in several countries. 67 Nevertheless, in spite of increasing recognition of the value of customary law and indigenous justice systems, and certain steps taken towards legal __________________ 62 63 64 65 66 67 16/23 See http://unsr.vtaulicorpuz.org/site/index.php/en/statements/116-indigenous-jurisdiction. See A/HRC/18/35/Add.4; A/HRC/27/52/Add.2; and A/HRC/36/46/Add.2. See A/HRC/18/35/Add.4, paras. 62-63 and 83 (New Zealand); and A/HRC/27/52/Add.2, paras. 32-33 (Canada). See, for example, communication to Peru No. PER 1/2016. United Nations Declaration on the Rights of Indigenous Peoples, article 40; ILO Convention No. 169, article 9; A/HRC/15/37/Add.7; A/HRC/18/35/Add.6; and A/71/229. Examples include Colombia, Paraguay or Ecuador and Malaysia. 17-12399