A/HRC/27/65 recognition. In the Plurinational State of Bolivia, for example, the Constitution grants ordinary jurisdiction and indigenous native campesino jurisdiction (jurisdicción indígena originaria campesina) equal status. However, a law for interlegal coordination (ley de deslinde jurisdiccional), adopted in December 2010 has been criticized by indigenous organizations for subordinating indigenous jurisdiction to the ordinary jurisdiction of the State, both in terms of where indigenous law can be applied and in what domains.20 26. In situations where an interface between State and indigenous institutions has developed, even to the degree of legal pluralism, the jurisdiction of indigenous courts may not have the same standing as the State system. For example, the native courts of Sabah and Sarawak in Malaysia are perceived as inferior, and some of their decisions are not respected by the civil and Syariah courts as an exercise of judicial authority. In situations of conflict of law, indigenous laws must be fully recognized, especially at the local community level. 27. Often, the major challenge that remains is the formal recognition of indigenous juridical systems and indigenous peoples’ right to promote, develop and maintain them. 28. Protecting specific groups, including women and children, from discrimination within indigenous juridical systems also remains a challenge. Improving the gender balance in indigenous peoples’ collective leadership structures and juridical bodies is one strategy that has been pursued. Certain communities in Asia have established quota systems for women representatives in the elders’ councils and are moving towards transforming the male-dominated traditional leadership.21 In Ecuador, women’s participation and decisionmaking in the jurisdictional functions of indigenous authorities is protected by the Constitution.22 29. In Asia, some communities have had to deal with the challenges that come with the codification of their customary laws. With codification, the judicial freedom to interpret customary laws and understand indigenous juridical concepts can become curtailed. For instance, the Sabah Native Court Rules of 1995 were identified by native chiefs as a stumbling block in administering justice, as they were overprescriptive in terms of penalties for various offences. 30. The danger of indigenous legal systems and institutions being co-opted to serve the interests of the State is another considerable challenge. An additional crucial hurdle is the financing of indigenous juridical systems. Without sufficient resources, these systems are not sustainable and their contribution to ensuring access to justice is compromised. IV. Access to justice for specific groups A. Overarching issues 31. The United Nations Declaration on the Rights of Indigenous Peoples places special emphasis on indigenous women, children and youth, and persons with disabilities. Article 22 (1), for example, reads as follows: “Particular attention should be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.” Article 22 (2) requires States and indigenous 20 21 22 See, for example, CONAMAQ, “Fundamentos para la adecuación Constitucional de la ley de deslinde jurisdiccional”, 2012. Asia Indigenous Peoples Pact, “Tilting the balance: indigenous women, development and access to justice” (2013). Available from http://www.aippnet.org/images/stories/IW-HR-Repor-May-17-ALLBOOK-small-20130530160656.pdf. Constitution of Ecuador, article 171. 9