A/HRC/24/50 Annex [English only] Expert Mechanism advice No. 5 (2013): Access to justice in the promotion and protection of the rights of indigenous peoples A. General 1. The United Nations Declaration on the Rights of Indigenous Peoples should be the basis of all action, including at the legislative and policy levels, on the protection and promotion of indigenous peoples’ right to access to justice. The implementation of the Declaration should be seen as a framework for reconciliation and as a means of implementing indigenous peoples’ access to justice. 2. Access to justice concerns arise especially in the context of lands, territories and resources. In the promotion of peace, justice and harmonious and cooperative relations between States and indigenous peoples, the Declaration affirms the right to the integrity of their lands and territories (arts. 25–32). Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples (art. 7(2)). Such security includes, inter alia, cultural, environmental and territorial aspects. 3. Respect for the right to self-determination requires both recognition of indigenous peoples’ systems and the need to overcome historic factors and related contemporary factors that negatively affect indigenous peoples in the operation of State systems. At the national and regional levels, strategic litigation, complemented by outreach and advocacy, can help to expand access to justice and protections for other rights of indigenous peoples. 4. Indigenous peoples’ understanding of access to justice often differs from that of States and of businesses, in some cases informed by their own understandings of, and practices associated with, justice. This means that, at the outset, before undertaking activities to respect, promote and protect indigenous peoples’ access to justice, common understandings of the meaning of justice and the best means to attain access to justice should be sought, in line with indigenous peoples’ self-determination and related rights to participate in decision-making affecting them. 5. Historical injustices contribute to multiple contemporary disadvantages for indigenous peoples, which in turn increase the likelihood of indigenous peoples coming into contact with the justice system. The relationship of indigenous peoples with domestic criminal justice systems cannot, therefore, be considered in isolation from historical factors or the current economic, social and cultural status of indigenous peoples. Moreover, there are other areas of law, including family law, child protection law and civil law that have an impact on this relationship. Solutions include not only reforms to criminal justice systems themselves but also measures addressing the socioeconomic situation of indigenous peoples and all human rights of indigenous peoples which are interrelated, interdependent and indivisible. 23