A/HRC/30/41
courts in their constitutional laws, but that devolution of power was conditional on respect
for and enforcement of women’s rights by the indigenous legal system;27
(d)
In Latin America, the use of quota systems to ensure the political
representation of women has had some success. Bolivia (Plurinational State of), Colombia,
Nicaragua, Panama and Peru, among others, have adopted electoral laws that include ethnic
and gender quotas aimed at increasing indigenous women’s participation in political
processes. For example, the Act on Equal Opportunities for Women and Men of Peru
specifically refers to the participation of indigenous women in public decision-making;28
(e)
The Saskatchewan Provincial Court in Canada instituted a new court that
addresses a critical barrier to access to justice by conducting court proceedings in the Cree
language. The Cree Court takes into account traditional values when sentencing,
encourages the participation of community leaders and explicitly acknowledges the cultural
traditions of the First Nations. This innovative court structure reduces the negative impact
of barriers to access to justice while, at the same time, realizing indigenous peoples’ rights
to self-determination and equal participation in the justice system;29
(f)
A number of agencies and mechanisms within the United Nations system,
including several special procedures mandates, treaty bodies and UN Women, have recently
dedicated attention and resources to the issue of indigenous people’s rights. For example,
UN Women has included the needs of indigenous women in their engagement with the
Open Working Group on Sustainable Development Goals, mainstreamed women’s rights
into the World Conference on Indigenous Peoples and delivered a range of regional and
country level initiatives to indigenous women on economic empowerment, violence against
women, political participation and broader capacity-building;30
(g)
Since the early 1990s, several networks of indigenous women have been
established in Australia, the Arctic, Latin America, North America, Africa and Asia,
including Enlace Continental de Mujeres Indígenas de las Américas, Asia Indigenous
Women’s Network, African Indigenous Women’s Organization, Sami Women’s
Organization. These groups have impacted policy debates through the sharing of
experiences and joint advocacy on issues of concern.
V. Conclusions and recommendations
A.
Conclusions
73.
Indigenous women and girls experience complex, multidimensional and
mutually reinforcing human rights violations. Abuses of indigenous women’s
collective; economic, social and cultural; and civil and political rights are varied and
severe. Those violations are alarming infractions on their own, but constitute a form
of structural violence against indigenous women whereby they are victimized by the
realities of the circumstances of their everyday life and routinely excluded from
enjoying the rights and resources otherwise guaranteed to citizens. Indigenous women
27
28
29
30
20
A/HRC/29/40, para. 56.
E/C.19/2013/10, paras 38-42.
University of Colorado Law School, American Indian Law Clinic, Report on indigenous women’s
rights, prepared for the Special Rapporteur, 2015.
UN-Women, “Submission to the United Nation Permanent Forum on Indigenous Issues on
UN-Women’s programmatic initiatives in support of the implementation of the United Nations
Declaration on the Rights of Indigenous Peoples (2013-2014)”, 2014.