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.

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