A/HRC/24/50
76.
The Committee on the Rights of Persons with Disabilities has commented in its
concluding observations on the situation of indigenous persons with disabilities and their
access to justice. Its relevant observations to date have focused on ensuring equality and
non-discrimination,91 the importance of disaggregated data and statistics;92 and the need to
consider the situation of indigenous children.93
77.
Furthermore, indigenous and State systems should ensure accessibility of their
systems to indigenous persons with disabilities (i.e. by providing sign language, accessible
premises and information available in alternative formats). The United Nations system can
ensure that websites and reports are accessible by using web content accessibility
guidelines (WCAG standards) and posting documents in Microsoft Word. The report
entitled “Study on the situation of indigenous persons with disabilities, with a particular
focus on challenges faced with regard to the full enjoyment of human rights and inclusion
in development” by the Permanent Forum on Indigenous Issues is insightful.94
VIII. Access to justice, truth and reconciliation and indigenous
peoples
A.
Indigenous peoples and transitional justice processes
78.
An avenue to explore with a view to attaining indigenous peoples’ access to justice
are the processes and mechanisms associated with transitional justice, which are concerned
with how societies emerging from conflict or repressive rule address the legacy of
violations of human rights.
79.
The objectives behind transitional justice and the measures implemented in their
pursuit can resonate with indigenous peoples’ objectives and conceptions of appropriate
means to achieve justice, and peace, in the long term. Transitional justice processes and
mechanisms in conformity with international human rights norms and standards should
strive to take account of the root causes of conflict and address the related violations of all
rights. In the case of indigenous peoples, this includes human rights violations arising in
situations of conflict, where indigenous peoples often figure prominently among victimized
populations, as well as grievances associated with indigenous peoples’ loss of sovereignty,
lands, territories and resources and breaches of treaties, agreements and other constructive
arrangements between indigenous peoples and States, as well as their collective experiences
of colonization.
80.
The international normative and operational framework utilized by the United
Nations for a human rights-based approach to transitional justice is found in two
documents: the updated set of principles for the protection and promotion of human rights
through action to combat impunity (E/CN.4/2005/102/Add.1), and the Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian
Law.95
91
92
93
94
95
18
Committee on the Rights of Persons with Disabilities, concluding observations on Argentina
(CRPD/C/ARG/CO/1) and Peru (CRPD/C/PER/CO/1).
See CRPD/C/ARG/CO/1, CRPD/C/PER/CO/1.
See CRPD/C/PER/CO/1.
E/C.19/2013/6.
General Assembly resolution 60/147, annex.