A/HRC/42/37 and individual rights of indigenous peoples. In the present report she presents observations and recommendations to State institutions (executive, judicial and legislative), indigenous peoples, international institutions and agencies, and civil society. 9. Without accessible courts or other legal mechanisms through which they can protect their rights recognized under national and international normative instruments, indigenous peoples become vulnerable to actions that threaten their lands, natural resources, cultures, sacred sites and livelihoods. At the same time, recognition of their own justice systems is important to respond to their rights and needs with respect to justice, self-governance and culture. Effective access to justice implies access to both the State legal system and their own systems of justice.1 Methodology 10. In the present report, the Special Rapporteur examines international standards regarding indigenous customary justice, relevant domestic legislation and judicial decisions, observations and recommendations made by international human rights bodies, including those of the Expert Mechanism on the Rights of Indigenous Peoples (see A/HRC/24/50 and Corr.1 and A/HRC/27/65). Information received first-hand during country visits and communications sent by the mandate on alleged violations 2 have also informed the report. 11. In response to a public call for inputs and solicitation for contribution from States, the Special Rapporteur received contributions from 11 countries3 and several indigenous and civil society organizations.4 The report also draws on a review of reports and observations issued by civil society and academic articles related to the subject. 12. The Special Rapporteur participated in an expert consultation organized by the International Commission of Jurists in Bangkok in December 2018 on the issue of “indigenous and other traditional or customary justice systems in the Asia-Pacific region”. The consultation provided a space for dialogue and exchanges of experience and expertise between participants in both State and indigenous justice systems from across the AsiaPacific region.5 B. Normative standards: right to indigenous justice, access to justice and right to a fair trial Right to indigenous justice 13. The ability of indigenous peoples to continue and strengthen their own systems of administration of justice is an integral component of their rights to self-governance, selfdetermination and access to justice under international human rights instruments. 14. Article 4 of the United Nations Declaration on the Rights of Indigenous Peoples states that in exercising the right to self-determination, indigenous peoples “have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions”. Article 5 asserts the right of indigenous peoples to maintain and strengthen their political, legal, economic, social and cultural institutions and article 34 the right to promote, develop and maintain their 1 2 3 4 5 4 See “Human rights, indigenous jurisdiction and access to justice: towards intercultural dialogue and respect”, presentation by the Special Rapporteur at the international seminar on investigative techniques and indigenous issues, Colombia, 24 February 2016, available from http://unsr.vtaulicorpuz.org/site/index.php/en/statements/116-indigenous-jurisdiction. Available from https://spcommreports.ohchr.org/. Australia, Bolivia (Plurinational State of), Canada, Colombia, Denmark, Ecuador, Finland, Guatemala, Mexico, Norway and Ukraine. The contributions will be available on the webpage of the Special Rapporteur at www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx. See “Indigenous and other traditional or customary justice systems in the Asia-Pacific region”, report of the 2018 Geneva Forum of Judges and Lawyers (June 2019).

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