A/HRC/27/65 including their laws and dispute resolution processes” as a form of redress (ibid., Annex, para. 23). 10. In the Expert Mechanism’s Comment on the Human Rights Council’s Guiding Principles on Business and Human Rights as related to Indigenous Peoples and the Right to Participate in Decision-Making with a Focus on Extractive Industries, it calls on both States and business enterprises to utilize conflict resolution procedures that “take into account the customs, traditions, rules and legal systems of Indigenous peoples concerned”, including “traditional mechanisms like justice circles and restorative justice models where indigenous elders and other traditional knowledge keepers may be helpful” (A/HRC/EMRIP/2012/CRP.1, paras. 46 and 55). A. Indigenous juridical systems under international law 11. The United Nations Declaration on the Rights of Indigenous Peoples affirms the right of indigenous peoples to maintain and strengthen their own juridical systems. Several of its articles promote recognition and respect for indigenous juridical systems, in particular article 34, which states: “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.” 12. Article 5 refers to indigenous peoples’ right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining the right to participate fully in the political, economic, social and cultural life of the State. Article 27 refers to the recognition of indigenous peoples’ laws and land tenure systems in processes to adjudicate rights pertaining to lands, territories and resources. Article 40 addresses the right to access conflict resolution procedures and effective remedies, including “due consideration to the customs, traditions and legal systems of the indigenous peoples concerned and international human rights”. 13. The Indigenous and Tribal Peoples Convention (No. 169) of the International Labour Organization also elaborates on the right of indigenous peoples to maintain their customs and customary laws. Article 8 (2) recognizes the right of indigenous and tribal peoples to retain their customs and institutions, adding the proviso “where these are not incompatible with fundamental rights defined by the national legal system and with internationally recognised human rights”. Again with the same proviso, article 9 (1) states that “the methods customarily practised by the peoples concerned for dealing with offences committed by their members shall be respected”. B. Recognition of indigenous juridical systems 14. The level of recognition afforded to indigenous juridical systems varies widely among regions and countries. In Latin America, many national constitutions recognize indigenous juridical systems and the jurisdiction of indigenous authorities. There is a growing recognition of legal pluralism in the region, through which indigenous legal systems co-exist with State-based systems. The Constitutions of Colombia (1991), Peru (1993), the Bolivarian Republic of Venezuela (1999), Ecuador (2008) and the Plurinational State of Bolivia (2009) all recognize legal pluralism to varying degrees. In other countries, such as Guatemala and Mexico, acceptance of indigenous peoples’ right to exercise their 5