A/HRC/24/50 accused. The Court further incorporates more culturally responsive traditional values into sentencing.32 V. Key areas for advancing the right of indigenous peoples to access to justice A. Advancing access to justice through national courts 32. At the national and regional levels, strategic litigation, education, outreach and advocacy can help to expand access to justice and protections for the rights of indigenous peoples. 33 One example is the Maya Joint Programme in Guatemala, which seeks to empower indigenous organizations to use litigation to demand recognition of their rights. It includes training and has focused on cases addressing indigenous rights to lands and territories; bilingual intercultural education; identity; and the promotion of indigenous languages. Positive outcomes have included a court ruling restoring the property of 4,185 hectares to the Kaqchikel Maya community of Chuarrancho. The decision provides a legal basis for recognition of ancestral lands and indigenous forms of organization. 33. The Working Group on Indigenous Populations of the African Commission on Human and Peoples’ Rights has noted, in the context of a successful case brought against the Government of Uganda by the Benet people on eviction from their lands, that successful litigation helps to expand access points to justice for indigenous peoples and encourages them to fight for their rights through legal means.34 34. There is support for the participation of victims in trials at the International Criminal Court.35 The Expert Mechanism encourages indigenous peoples to pursue this as an option where relevant, along with the principles of universal jurisdiction. B. Issues relating to the rights of indigenous peoples to lands, territories and resources 35. The Declaration affirms that States are to establish and implement processes to recognize and adjudicate the rights of indigenous peoples as related to their lands, territories and resources (art. 27). The Inter-American Court of Human Rights has held that States must provide indigenous peoples with an effective and efficient remedy for resolving claims to their ancestral territories and that failure to do so can amount to violation of the rights to a fair trial and to effective judicial protection.36 1. Barriers 36. Indigenous peoples face difficulties in obtaining adequate access to justice with respect to their rights as related to lands, territories and resources, especially where these are or have been claimed by States, private owners, businesses or others. Challenges include lack of access to legal services and collusion between private sector entities and 32 33 34 35 36 See www.sasklawcourts.ca/index.php/home/provincial-court/cree-court-pc. Abraham Korir Sing’Oei, at the Human Rights Council panel discussion on access to justice. See “Report of the African Commission’s Working Group on Indigenous Populations/Communities, research and information visit to the Republic of Uganda” (2006). Seminar on access to justice: John Washburn. See Case of the Indigenous Community Yakye Axa v. Paraguay, judgement of 17 June 2005. 9