A/HRC/24/49
premises and information in alternative formats), and requested that the Expert Mechanism
and the Permanent Forum follow the Web Content Accessibility Guidelines (WCAG) and
ensure that websites and reports are accessible, including by posting documents in
Microsoft Word.
58.
Ms. McKay informed participants about the discussion on women, youth and
children during the Expert Seminar, highlighting this discussion within the context of the
study and advice on access to justice. She welcomed further dialogue on the topic with
participants in this session, noting statements related to sexual and reproductive rights of
indigenous women in custody.
59.
Ms. McKay highlighted the barriers to access to justice for indigenous women,
youth and children, which include multiple discrimination, structural violence, high rates of
incarceration and poverty, and the need to involve youth in truth and reconciliation
commissions. Remedies highlighted included taking measures aimed at ensuring equality
before the law. Concrete examples of this include gender-sensitization training of justice
officers (in this case, with regard to indigenous women’s issues in particular), increased
appointment of women to the judiciary, and legal reforms in areas where access to legal
mechanisms is formally prohibited for women. She urged States to work in partnership,
especially with indigenous women, to achieve equality before the law, particularly in the
context of State and indigenous judicial systems.
60.
Ms. Lorenzo highlighted the importance of understanding that access to justice is not
only about righting past wrongs, but rather remedying current wrongs and preventing future
injustices. She highlighted that the peremptory norm of non-discrimination is key when
addressing substantive and restorative justice.
61.
Citing the Expert Mechanism’s advice and study on access to justice, Ms. Lorenzo
emphasized that indigenous peoples’ understanding of access to justice is different from
that of States, and stressed that this must, first of all, include business operations within
indigenous territories. She noted that monetary settlements do not equate with justice for
indigenous peoples and urged the Expert Mechanism to take note of the differences in
defining “justice” by States, indigenous peoples and businesses.
62.
Ms. Lorenzo stressed that access to justice for indigenous peoples involves access to
their cultures, territories, children, languages and ceremonies. She called for policies and
laws that address access to justice in the future.
63.
Participants expressed concern about achieving access to justice from extractive
industries, as well as country-specific concerns.
64.
Ms. Lasimbang referred to commissions of inquiry and transitional justice processes
as one modality for increasing access to justice, underscoring that these are particularly
effective where indigenous peoples participate fully. She expressed the need for indigenous
peoples’ organizations to facilitate the participation of indigenous peoples.
65.
Mr. Tsykarev highlighted the importance of recommendations of advice No. 5 to
provide access to legal remedies for indigenous peoples and the continuing importance of
access to justice in the work of the Expert Mechanism. An Ombudsman for the rights of
indigenous peoples is a mechanism that could provide a powerful tool to increasing access
to justice. He recommended that States and indigenous peoples encourage human rights
organizations to advance the implementation of Human Rights Council resolution 22/6 on
the protection of human rights defenders. Mr. Tsykarev recommended that continuing
reference be made to the studies and advice of the Expert Mechanism and, in particular, that
the studies and advice be referred to in the review and consideration of States under the
universal periodic review and by the treaty bodies.
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