A/HRC/30/41
(g)
When developing initiatives to improve the economic, social and cultural
rights, pro-actively engage with indigenous women and girls and other members of
indigenous communities on how best to meet their needs; apply the principle of free,
prior and informed consent to the development of all laws, policies and programmes;
78.
With regard to civil and political rights, Member States should:
(a)
Ensure that the birth of every indigenous child is formally registered in
national systems;
(b)
Develop interventions to increase the number of indigenous women in
national and local political and public processes and explore the feasibility of
implementing quota systems for indigenous women’s representation in local and
national politics;
(c)
Explore ways to invest in the leadership capacity of indigenous women so
that they can play more active roles in indigenous decision-making structures to
protect women and girls within their communities;
(d)
Ensure protection of the activities of all female human rights defenders;
(e)
Consider the development of the special tribunals to ensure access to
justice for indigenous women following abuses of their human rights. Such special
provisions would allow for the individual needs of indigenous women to be met, the
development of focal points to establish effective links with indigenous justice systems,
greater recognition of specific cultural needs, as well as the accumulation of a systemic
view of rights violations;
(f)
Provide legal aid, interpretation and translation services, and culturally
sensitive information about their rights and available remedies to all indigenous
women and girls;
(g)
Within the context of the implementation of the Guiding Principles on
Business and Human Rights and the development of national action plans on human
rights and business, ensure that judicial mechanisms are the primary means by which
corporate violations of the rights of women and girls are remedied; and avoid
legitimizing voluntary, private forms of remedy that do not provide effective access to
justice for violations of the rights of women;
(h)
Ensure that due process is undertaken in relation to all indigenous
women who enter the criminal justice system;
(i)
In relation to the overrepresentation of indigenous women in national
criminal justice systems, invest in country-specific research into the root causes;
develop targeted prevention programmes based on such research; and, where
possible, consider alternatives to detention. When indigenous women are detained
they must still be afforded protection based on their human rights.
79.
With regard to violence against indigenous women and girls, Member States
should:
(a)
As recommended by the Special Rapporteur on violence against women,
its causes and consequences in her 2011 report (A/HRC/17/26), develop a holistic
approach to violence against women, based on the indivisibility and universality of all
human rights, which recognizes the multiple interconnections between different forms
of violence against women, its causes and consequences, and addresses multiple and
intersecting forms of discrimination;
(b)
In the context of affording indigenous people legal jurisdiction that is
compatible with their rights to self-determination, develop mechanisms that allow
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