A/HRC/24/49
VI. Study on access to justice in the promotion and protection of
the rights of indigenous peoples
52.
In its resolution 21/24, the Human Rights Council requested the Expert Mechanism
to prepare a study on access to justice in the promotion and protection of the rights of
indigenous peoples, and to present it to the Council at its twenty-fourth session.
Accordingly, the Expert Mechanism prepared a study on this theme
(A/HRC/EMRIP/2012/2). In order to inform the study, the Office of the High
Commissioner for Human Rights (OHCHR), the Institute for the Study of Human Rights,
Columbia University, and the International Centre for Transitional Justice co-organized an
Expert Seminar on Access to Justice for Indigenous Peoples, including Truth and
Reconciliation Processes. The seminar was held at Columbia University, New York, from
27 February to 1 March 2013.
53.
Mr. Titus introduced the panel discussion on the recommendations of the Expert
Seminar on Access to Justice for Indigenous Peoples, including Truth and Reconciliation
Processes and welcomed the panellists: International Chief Wilton Littlechild, Chairperson
of the Expert Mechanism; Celeste McKay, Technical Analyst for International Chief
Wilton Littlechild; Ellen Walker, International Disability Alliance, and June Lorenzo,
Indigenous World Association and Laguna Acoma Coalition for a Safe Environment.
54.
International Chief Littlechild began by focusing on the recommendations related to
the truth and reconciliation processes set out in the study, which were informed by the
presentations at the Expert Seminar. This included the full and effective involvement of
indigenous peoples at all stages and the requirement that the processes be reflective of the
cultures and values of indigenous peoples. It was also recommended that the Declaration on
the Right of Indigenous Peoples be applied to the work of truth commissions and that truth
commissions address historical injustices experienced by indigenous peoples and the
contemporary effects of continued human rights violations, including against the right to
self-determination.
55.
International Chief Littlechild outlined a national example, the Truth and
Reconciliation Commission of Canada. He discussed the history of residential school
systems in Canada, including the related policies and laws, as well as the impact on the
lives of indigenous peoples, including thousands of deaths of children who attended the
residential schools. He outlined the mandate of the Truth and Reconciliation Commission
of Canada – a court-ordered mandate arising from the largest class-action lawsuit in
Canadian legal history. The mandate includes statement gathering; conducting research;
establishing a National Research Centre to create an accurate and public historical record of
the residential schools; issuing a public report with recommendations; and guiding and
inspiring a process of healing and reconciliation within indigenous families and
communities and between indigenous and non-indigenous peoples in the country.
56.
Ms. Walker discussed access to justice from the perspective of indigenous peoples
with disabilities. She gave a brief overview of the 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 (E/C.19/2013/6), prepared by the
Permanent Forum on Indigenous Issues. Ms. Walker referred to the recommendations in the
Expert Mechanism’s study on access to justice that relate specifically to indigenous persons
with disabilities. These include methodologies to collect data on indigenous persons in
detention, disaggregated by disability, and increasing the accessibility of the justice system.
57.
Ms. Walker requested that the Expert Mechanism consider additional
recommendations, including, inter alia, ensuring the sensitivity and accessibility of
indigenous and State justice systems (i.e. the availability of sign language, accessible
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