A/HRC/42/37 support indigenous peoples in their advocacy for the recognition of their justice systems. 107. States should include compulsory training on the status, concepts and methods of indigenous justice in formal training programmes for judges, lawyers, prosecutors and law enforcement officials, recognizing indigenous justice systems as a right. 108. States and indigenous justice systems should develop and institutionalize processes of exchange of information, understanding and mutual capacity-building, both within their countries and with their counterparts in other States with pluralistic systems (A/HRC/15/37/Add.7, para. 9). 109. Discriminatory attitudes that assume that indigenous justice systems are necessarily more prone to violations or abuses of human rights than State systems should be rejected and countered. The engagement of State authorities with indigenous justice actors should be based on the principle of respect and dialogue and not unilateral and discriminatory subordination or interference. States must ensure their own justice systems fully respect human rights, including the rights of indigenous peoples, recognizing that cultural or other adaptations of the State system may be necessary to this end. 110. In consultation with indigenous peoples and the United Nations mechanisms dedicated to the rights of indigenous peoples, the Human Rights Committee should consider reviewing the references in its general comment No. 32 to “courts based on customary law”, in light of the United Nations Declaration on the Rights of Indigenous Peoples. 111. Indigenous peoples, State authorities, international development actors, civil society and other interested parties should coordinate efforts to help strengthen and promote indigenous justice systems and provide them with the necessary funds and logistical support. Jurisdiction and judicial review 112. In delineating jurisdictional relationships between indigenous and ordinary justice systems, the jurisdiction of indigenous systems should not be unduly restricted and indigenous justice systems should not be deemed inherently inferior to State systems. States must not allow situations of impunity to persist because of jurisdictional ambiguity. 113. States and indigenous authorities should consider establishing joint mechanisms for cooperation and coordination between indigenous and State justice systems. While recognizing that each context is different, consideration should be given to models whereby decisions from both indigenous and non-indigenous systems are subject to review or appeal by an integrated judicial body comprised of both indigenous and non-indigenous judicial authorities. 114. In countries where ordinary judicial authorities review decisions by indigenous justice authorities, ordinary courts cannot make fair and impartial decisions without an intercultural understanding of the particular context of indigenous peoples and their institutions and legal systems, which can be enabled, for example, through the participation of cultural experts. In particular, the participation of indigenous Elders, traditional cultural authorities or anthropologists as experts in State courts should be systematic when an indigenous defendant, victim or witness is involved. 115. Any processes of judicial or other review of the decisions of indigenous justice decisions must give due consideration and effect to the obligation of the State to respect and strengthen the rights of indigenous peoples to their juridical systems and customs. Indigenous justice and human rights 116. States should acknowledge that indigenous laws and juridical institutions change and develop over time. Any codification of indigenous laws should be designed 19

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