A/HRC/42/37 General of Guatemala that only about 10 per cent of the indigenous peoples in Guatemala are reached by the ordinary justice system.39 66. Indigenous justice systems can also play a role in transitional justice processes following armed conflicts. In Colombia, the peace accord between the Government and the Revolutionary Armed Forces of Colombia contains a specific provision calling for respect for the jurisdictional functions of traditional authorities and for the establishment of a coordination mechanism between the Special Jurisdiction for Peace and the Indigenous Special Jurisdiction.40 In Timor-Leste, indigenous customary practices were incorporated into transitional justice measures by the Commission on Reception, Truth and Reconciliation through the concept of Nahe Biti, community meetings held on a rolled-out mat (A/HRC/42/37/Add.2, paras. 37 and 83). 67. On a global scale, recognizing and supporting indigenous justice systems can contribute to better equal and effective access to justice for all, in line with Sustainable Development Goal 16, and result in better implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Prejudicial attitudes about indigenous justice 68. Lack of understanding of indigenous justice concepts and discriminatory attitudes, including in the media, have led to attacks on the legitimacy of indigenous justice systems. That has translated into failures to promote or refer cases to indigenous justice and has sometimes even resulted in the criminalization of indigenous justice officials for the exercise of their jurisdictional functions, for example subjected to criminal charges of usurpation of public office, kidnapping or extortion (A/HRC/42/37/Add.1, para. 52). Consistency with international human rights principles 69. As with ordinary State justice systems, certain procedures and outcomes of indigenous customary justice systems can come into conflict with international law and standards on human rights and the rule of law. Many indigenous justice systems operate without written records of rules or rulings, which can increase the risk of arbitrary or biased decisions. 70. Indigenous systems are extremely diverse, but concerns have been raised in relation to due process and fair trial, women’s and children’s rights, physical integrity and corporal punishment.41 A collective approach to justice may be problematic for individual rights, particularly in relation to women victims of domestic or sexual violence or in cases involving children. 71. Indigenous justice systems may offer limited space for women’s voices or participation, while the ordinary justice system may in practice be inaccessible for indigenous women.42 As a consequence, indigenous women often lack access to justice and reparation in both the ordinary and indigenous justice systems. The Committee on the Elimination of Discrimination against Women has raised concerns over certain customary practices as being inconsistent with women’s rights, including forced marriages, discriminatory practices in relation to inheritance; practices of forced reconciliation in the community for cases of domestic or sexual violence; and restrictions on women owning land.43 39 40 41 42 43 “Human rights, indigenous jurisdiction and access to justice: towards intercultural dialogue and respect”, presentation by the Special Rapporteur. Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera, section 6.2.3.e. See “Traditional and customary justice systems”, report of the 2017 Geneva Forum of Judges and Lawyers (February 2018), p. 7. See Asia Indigenous Peoples Pact, “Indigenous women in Southeast Asia: challenges in their access to justice” (2013). See CEDAW/C/PHL/CO/7-8, para. 49 (c); CEDAW/C/FJI/CO/5, para. 27 (d); and CEDAW/C/COG/CO/7, para. 47 (a), respectively. 13