A/HRC/42/37
I. Introduction
1.
The present report is submitted to the Human Rights Council by the Special
Rapporteur on the rights of indigenous peoples pursuant to her mandate under Council
resolution 33/12. In the report the Special Rapporteur summarizes the activities undertaken
since her previous report (A/HRC/39/17) and provides a thematic study on the experience
of indigenous peoples with justice. She concludes with recommendations on how various
stakeholders can prevent violations and improve protection.
II. Activities of the Special Rapporteur
2.
Since she presented her previous report to the Human Rights Council, the Special
Rapporteur has carried out two official country visits: to Ecuador from 19 to 29 November
2018 (see A/HRC/42/37/Add.1) and to Timor-Leste from 8 to 16 April 2019 (see
A/HRC/42/37/Add.2).
3.
A more detailed description of her activities is contained in the Special Rapporteur’s
report to be submitted to seventy-fourth session of the General Assembly, in which she
further studies the question of the rights of indigenous peoples to self-governance; to
consultation and free, prior and informed consent; indigenous peoples in isolation and
initial contact; country visits; communications; and other activities (A/74/149).
III. Indigenous peoples and justice
A.
Background, aims and methodology
4.
The respect and promotion of the systems of justice of indigenous peoples and
issues of discrimination against and stigmatization of indigenous peoples within the
ordinary justice system have been recurring topics in the work of successive Special
Rapporteurs on the rights of indigenous peoples, including through communications,
country visits and participation in seminars and conferences.
5.
In 2004, the former Special Rapporteur presented a report on this topic to the
Commission on Human Rights (E/CN.4/2004/80). The report concentrated on the obstacles,
gaps and challenges faced by indigenous peoples in the administration of justice and the
recognition of customary law in national legal systems as an essential element of the full
enjoyment of the human rights of indigenous peoples. The present report builds on the
findings from that report.
6.
Indigenous cultures around the world are manifold and each follow unique
customary rules and traditional practices. They are embedded in countries with very
different political and historical contexts in relation to indigenous peoples. Nevertheless, a
number of recurring issues arise globally and continue to cause deep concern to indigenous
peoples, regarding their individual and collective rights as regards access to justice and
their right to maintain distinct customary legal systems.
7.
Key concerns raised by indigenous peoples met by the Special Rapporteur included
the lack of effective recognition of their systems of justice by local, regional and national
authorities, ongoing discriminatory and prejudicial attitudes against indigenous peoples in
the ordinary justice system and against their distinct indigenous systems of justice;
inadequate redress and reparation; and the lack of effective coordination between
indigenous justice systems and the State justice authorities. Indigenous and other actors also
noted the need for observance of international human rights by indigenous justice systems,
including in relation to women, children and persons with disabilities.
8.
The Special Rapporteur highlights the need to advance justice for indigenous
peoples on the national agenda and more broadly in relation to Sustainable Development
Goal 16 on access to justice for all, as essential to enforcing and realizing other collective
3