E/CN.4/2004/80/Add.2 page 23 90. Any offence by a member of the military committed against a civilian should without exception be heard in the civil courts. 91. The federal and State judiciary and the national system of ombudsmen should ensure that legislation and justice are not used in the interests of caciques and local authorities to treat legitimate protest or social dissent as a crime or penalize it. 92. Any reliable report of violations of indigenous women/girls should be officially investigated by the public prosecutor’s office even where no official complaint has been made. 93. Indigenous law (legal custom) should be acknowledged and respected in all judicial bodies where indigenous people or communities are involved and should be incorporated into a new conception of indigenous justice. 94. Indigenous communities and peoples that apply traditional legal customs should do so in strict compliance with the universal individual human rights established in international and national legislation, with special attention to the rights of women. 95. General amnesty laws should be promulgated at the federal and State levels for indigenous prisoners and individuals prosecuted for political and/or social activities. 96. The Federal Government and the State Governments should acknowledge, respect and support community police services, indigenous courts and other forms of conflict-solving practised among the indigenous peoples. 97. The killing of human rights defenders should be declared a federal offence and prosecuted in the federal courts. Militarization and armed groups 98. The Government should take urgent steps to disband, disarm and punish armed paramilitary or civilian groups that are operating in indigenous regions (and are not covered by special legislation). 99. When the indigenous communities so request, the army should fall back in the environs of indigenous communities; the army presence and activities in indigenous areas should be strictly compatible with its constitutional duties. Indigenous migrants 100. A special protection scheme should be devised for indigenous migrants in urban areas and agribusiness regions, with particular attention paid to women, children and indigenous people from Central American countries passing through Mexico. 101. In the bilateral Mexico-United States discussions on migration, particular attention should be given to indigenous migrants.