A/HRC/42/37 E/C.12/IND/CO/5, para. 13) or the compensation or remedy may be non-existent (A/HRC/30/41/Add.1, para. 32) or not culturally adapted to their needs.14 34. Several factors come into play against indigenous peoples seeking justice. Indigenous peoples commonly express deep alienation from systems of justice that appear to them foreign and inaccessible. Judicial structures frequently reflect those of former colonial powers without sensitivity to indigenous culture. 15 Lack of confidence in the ordinary justice system may arise from a long history of impunity, marginalization, discrimination and stigmatization and procedures that do not accommodate or even recognize their cultural specificities. 35. Discrimination and racism impair indigenous access to justice in many countries. For example, the African Commission reports that denial of justice for indigenous communities and individuals is evident in many instances in Africa.16 In the Republic of the Congo, access to justice and police protection for indigenous peoples is often circumvented, particularly when the offender belongs to the dominant non-indigenous group.17 36. In Guatemala, in spite of the existence of institutions, services and policies specifically designed to increase the access of indigenous peoples to ordinary and customary justice, the Special Rapporteur observed the discrimination and racism suffered by indigenous peoples, when they applied to the ordinary courts at the local level (A/HRC/39/17/Add.3, para. 82). 37. Effective participation of indigenous people in the ordinary justice system depends in part on the environment they encounter in the courtroom, as well as prosecutors’ offices, police stations, and victim services. Measures can and should be taken to make these spaces and processes more culturally familiar. 18 38. Increasing the representation of indigenous peoples within the staff of judiciaries and court services, prosecution services, and police forces is not only a measure against discrimination in access to those professions, it can also enhance cultural confidence of other indigenous persons in the system as a whole (A/HRC/33/42/Add.2, para. 33). 39. It should be stressed that the intersecting discrimination faced by indigenous women who are victims of crimes or other breaches is particularly pronounced. In Canada, the final report of the National Inquiry on missing and murdered indigenous women concluded that the Canadian criminal justice system failed to effectively hold accountable those who commit violence against indigenous women and girls, including in cases of murder. 19 In cases of domestic violence or other gender-based violence, some indigenous women may feel that ordinary justice will better protect their rights as a woman, while others may feel the indigenous system offers better protection. 40. Language barriers are a further major obstacle to access to justice for indigenous peoples. Lack of knowledge of rights and insufficient legal advice also reduce the chance of indigenous peoples seeking redress for violations. Where free legal aid programmes are available, they are rarely culturally adapted and in most instances not adequately funded. Access to legal assistance often determines whether a person can participate in court proceedings in a meaningful way. The cost of ordinary justice systems, particularly for 14 15 16 17 18 19 8 See Human Rights Committee, general comment No. 31, para. 15. Markus Weilenmann, “Legal pluralism: a new challenge for development agencies” in Access to Justice in Africa and Beyond. Making the Rule of Law a Reality (London, Penal Reform International, 2007). Report of the African Commission’s Working Group on Indigenous Populations/Communities (2005). International Fund for Agricultural Development and International Work Group for Indigenous Affairs, “Congo: country technical note on indigenous peoples’ issues” (October 2014). See, for example, Final Report of the Royal Commission and Board of Enquiry into the Detention and Protection of Children in the Northern Territory (2017), A/HRC/42/37/Add.1, A/HRC/33/42/Add.2, para. 32, A/HRC/36/46/Add.2 and the contribution of Ecuador to the present report. See Reclaiming Power and Place. The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, vol. 1a (2019), p. 717.