A/HRC/42/37
Crime (UNODC) also highlights patterns of discrimination preventing indigenous and other
vulnerable groups from accessing restorative justice options.57
Changes in indigenous customary practices and rules
101. Changes in the traditions and customs of indigenous people towards greater
harmonization with international human rights should ideally come from within indigenous
communities. Compliance with international human rights law can be strengthened by
increasing knowledge of such issues with traditional elders and customary chiefs.
Supporting positive changes within local systems while maintaining their overall integrity,
is the most successful and desirable approach.58
102. State and indigenous leaders should work together to develop common strategies
aimed at raising awareness of the importance of human rights, including the accountability
of decision makers, the participation of women in dispute resolution and judicial decisions,
the protection of the rights of women and children, the protection of persons with
disabilities, the promotion of lesbian, gay, bisexual and transgender persons, knowledge of
State constitutional law and international human rights law principles, and identification of
minimum standards of rights protection.
IV. Conclusions and recommendations
Conclusions
103. International human rights standards recognize the right of indigenous peoples
to maintain and develop their own legal systems and institutions. In the context of
Sustainable Development Goal 16, indigenous justice systems are receiving increasing
attention globally as their potential role to promote the rule of law, achieve justice for
all and promote effective, accountable and inclusive institutions in a manner
consistent with human rights is gradually being recognized. The degree and specific
methods of implementation by States of their relevant responsibilities vary around the
world; while much remains to be done, many States are making significant progress in
recognizing and enabling indigenous justice systems to fulfil that role, both
autonomously and in cooperation and coordination with ordinary State systems.
104. The challenges currently being addressed include ensuring that Governments
fully recognize the character and status of all indigenous peoples, overcoming
prejudicial attitudes and stereotypes about indigenous systems of justice, achieving
better coordination or integration of indigenous and ordinary justice systems and
ensuring that the scope of indigenous jurisdictions is not unduly restricted. Both
indigenous and ordinary justice processes and institutions have the responsibility and
the potential to fully respect, protect and fulfil human rights.
Recommendations
105.
The Special Rapporteur makes the following recommendations.
The right to, and importance of, indigenous justice systems
106. States should explicitly recognize, in constitutional or other legal provisions, the
right of indigenous peoples to maintain and operate their own legal systems and
institutions. The United Nations, its Member States, and other stakeholders should
57
58
18
See UNODC, Education for Justice, module 8, available from www.unodc.org/e4j/en/crimeprevention-criminal-justice/module-8/key-issues/4--issues-in-implementing-restorative-justice.html.
Annika Kovar, “Customary law and domestic violence in Timor Leste”, United Nations Development
Programme, (January 2011), p. 34.