A/HRC/24/50 B. States 6. Consistent with indigenous peoples’ right to self-determination and selfgovernment, States should recognize and provide support for indigenous peoples’ own justice systems and should consult with indigenous peoples on the best means for dialogue and cooperation between indigenous and State systems. 7. States should accord recognition and assign legal validity to customary practices that are already carried out by indigenous authorities de facto. States should take a flexible approach to the establishment of jurisdictional boundaries and avoid overly restrictive limits to indigenous jurisdictional competencies over justice. 8. States should work with indigenous peoples to address the underlying issues that prevent indigenous peoples from having access to justice on an equal basis with others. 9. States should work in partnership with indigenous peoples, particularly indigenous women, to determine the most effective strategies for overcoming barriers to access to justice. This includes helping to revitalize traditional justice norms and institutions. 10. Moreover, States should facilitate and provide access to legal remedies for indigenous peoples and should support capacity development of indigenous communities to help them to understand and make use of legal systems. 11. States should consider the impact of law and policy on indigenous peoples’ access to human rights processes and institute reform where such law and policy interferes with indigenous peoples’ enjoyment of substantive equality in this regard. 12. States should recognize the rights of indigenous peoples to their lands, territories and resources in laws and should harmonize laws in accordance with indigenous peoples’ customs on possession and use of lands (including laws and policies that affect the conduct of business on indigenous territories) and forms of justice. Where indigenous peoples have won land rights and other cases in courts, States must implement these decisions. The private sector and the Government must not collude to deprive indigenous peoples of access to justice. 13. Training and sensitization for law enforcement officials, judicial officials and other state agencies on the rights of indigenous peoples is recommended. 14. In relation to criminal justice, State authorities should consult and cooperate with indigenous peoples and their representative institutions to: • Ensure that the criminal justice system does not become a self-promoting industry benefiting from the overrepresentation of indigenous peoples. • Formulate plans of action to address both the high levels of indigenous victimization and the treatment of indigenous peoples in domestic criminal justice systems. • Develop appropriate methodologies to obtain comprehensive data on (a) victimization of indigenous peoples, including information on the number of cases prosecuted, and (b) the situation of indigenous peoples in detention, disaggregated by age, gender and disability. • Reduce the number of indigenous individuals in prison, including through the pursuit of non-custodial options, such as, inter alia, use of traditional restorative and rehabilitative approaches. 15. 24 In relation to transitional justice mechanisms: