A/HRC/51/28/Add.1 F. Access to justice 64. The Special Rapporteur acknowledges the judiciary’s commitment to protecting indigenous peoples’ rights, in particular the progress that has been made towards guaranteeing access to justice. Of particular note are the establishment of a special prosecutor’s office for indigenous affairs and the issuance of internal agreements and circulars intended to protect the indigenous peoples’ rights, such as the adoption, in 2008, of the Brasilia Regulations Regarding Access to Justice for Vulnerable People and Circular No. 188-2019 of the Supreme Court, which sets out actions to be taken in several areas of the institution. The Special Rapporteur also acknowledges the progress achieved by means of the Act on Access to Justice for the Indigenous Peoples of Costa Rica, which includes recognition of the right to an interpreter and translator at the State’s expense; the prioritization of cases involving indigenous persons; free legal aid and the waiving of any fees or expenses in related court proceedings whenever requested by an indigenous person; and ongoing training for judicial staff. 65. The Special Rapporteur welcomes the start of the process of jointly drafting an institutional policy on access to justice based on an assessment conducted with the broadbased, effective participation of indigenous peoples, including women, in line with international human rights standards and with technical support from OHCHR and funding from the universal periodic review. This progress represents a major step forward in addressing challenges as regards access to justice, in line with the recommendations of human rights mechanisms. 66. Indigenous leaders informed the Special Rapporteur of their continued mistrust of judicial staff at the local level, for reasons that included partiality, failure to investigate attacks on indigenous leaders and racial discrimination against indigenous persons, particularly in the Canton of Buenos Aires. For example, according to reports received, prosecutorial authorities often fail to investigate complaints filed by indigenous persons and ask them to provide evidence of the acts committed. Even when they are reported, acts are often categorized incorrectly and are not investigated ex officio. This situation has been brought to the attention of the competent authorities, but no action has been taken. The Special Rapporteur is particularly concerned about the ineffectiveness of internal mechanisms within the judiciary for punishing discriminatory and racist behaviour by officials. 67. The Special Rapporteur is particularly concerned about the situation of indigenous women, who reportedly face obstacles in reporting acts of violence suffered during land requisition processes and acts of domestic violence. The Special Rapporteur received information about cases in which indigenous women had suffered racism and discrimination at the hands of the prosecutor’s office in the southern territories and in the territory of Maleku; the processing of their complaints was delayed or their complaints were rejected, and the failure to adopt a culturally appropriate approach exposed the women to revictimization. The impunity for sexual violence against indigenous girls and women is particularly worrying. This is due to the absence of a gender-sensitive and culturally appropriate judicial service competent to handle this type of case and to a climate of women-blaming. 68. The Special Rapporteur received reports that local judges, particularly in the Canton of Buenos Aires, are unaware of international standards for indigenous peoples’ human rights, of indigenous world views and of the concept of reviewing treaty compliance. The Special Rapporteur was informed that agrarian judges called upon to adjudicate on indigenous peoples’ land rights sometimes draw out proceedings, fail to be impartial and do not apply indigenous law as a means of resolving conflicts. 69. Indigenous peoples complained that several judicial services are not culturally appropriate. For example, interpreters do not always have the cultural and technical skills to perform their duties properly, resulting in the indigenous persons concerned failing to understand the proceedings, thereby giving rise to a violation of due process guarantees. 70. The Special Rapporteur received information about the procedural concepts of “cultural diversity” and “cultural expertise”. While these concepts could be useful for analysing historical factors, they are not a suitable tool for understanding contemporary GE.22-11025 11