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

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