A/HRC/42/37 plurality, including at the constitutional level. In Ecuador and Colombia the right of indigenous peoples to exercise juridical functions following their own customary laws is recognized in the Constitution, as long these do not contradict constitutional or internationally recognized human rights standards. In Mexico, indigenous mechanisms and the jurisdiction of indigenous authorities are officially recognized in some states (A/HRC/39/17/Add.2, para. 70). In practice however, the interaction between systems frequently remains ad hoc and is strained by discriminatory attitudes and a lack of acknowledgement of the potential contribution of indigenous juridical systems to equal access to justice (A/HRC/42/37/Add.1, para. 49 and A/HRC/30/41/Add.1, para. 31). 53. Recognition of indigenous customary law and jurisdiction also varies greatly across Asia. In a number of countries, indigenous peoples are granted constitutional recognition or are the subject of special laws. Article 18 B (2) of the Indonesian Constitution provides that: “The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law.” 54. In the Philippines, section 15 of the Indigenous Peoples’ Rights Act 1997 provides that indigenous peoples “shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights”. 55. The sixth schedule of the 1950 Indian Constitution (arts. 371 A and 371 G) protects the customary law of certain tribes in several states in north-east India and gives constitutional guarantees to indigenous peoples in the States of Nagaland and Mizoram for their customary law and traditional justice systems (A/74/149, para. 57). Section 2 (4) of the Constitution of Timor-Leste provides that: “The State shall recognise and value the norms and customs of East Timor that are not contrary to the Constitution and to any legislation dealing specifically with customary law” (A/HRC/42/37/Add.2, para. 18). 56. In Bangladesh, the definition of “law” in the Constitution includes “custom or usage” and laws that were in existence before the adoption of the Constitution (art. 152). The Chittagong Hill Tracts Regulation of 1900 recognizes the customary land and resource rights of the indigenous peoples under the custodian role of traditional chiefs and headmen.33 57. Few African countries offer legal recognition of the existence of indigenous peoples in their countries in their national constitutions or legislation. 34 For the Tuareg in Mali, that translates into a lack of recognition as peoples entitled to particular collective rights. Similarly, the Constitution of Botswana refers to the eight main tribes that make up the Batswana peoples, but does not recognize the San as one of those tribes/communities. The Republic of the Congo is one of the few countries in Africa that recognizes the rights of indigenous peoples and guarantees their right to resort to their customary laws to solve internal disputes in accordance with national law. 35 58. Traditional or customary justice systems, however, have legal or de facto legitimacy in several African countries, although national laws tend not to recognize them as indigenous in character. The 1996 Constitution of South Africa includes recognition of the status, functions and role of traditional chiefs according to customary law and allows for traditional authorities to function within the framework of the South African legal system. 33 34 35 See Devasish Roy, “Asserting customary land rights in the Chittagong Hill Tracts, Bangladesh: challenges for legal and juridical pluralism” in Divers Paths to Justice: Legal Pluralism and the Rights of Indigenous Peoples in Southeast Asia, Marcus Colchester and Sophie Chao, eds. (Chaing Mai, Thailand, Forest Peoples Programme and Asia Indigenous Peoples Pact, 2011). Report of the African Commission’s Working Group on Indigenous Populations/Communities, p. 47. See Loi No 5-2011 du 25 février 2011 portant promotion et protection des droits des populations autochtones, art. 11. 11