A/HRC/27/65 18. Human rights treaty bodies, including the Committee on the Elimination of Racial Discrimination, have addressed indigenous juridical systems and the role they can play in increasing access to justice. In its concluding observations on Guatemala, for example, the Committee urged the State party to “recognize the indigenous legal system and to ensure respect for, and recognition of, the traditional systems of justice of indigenous peoples, in conformity with international human rights law” (CERD/C/GTM/CO/12-13, para. 8). 19. The Special Rapporteur on the rights of indigenous peoples has also repeatedly emphasized the need for recognition of indigenous juridical systems. For example, in the report from his country visit to the Republic of the Congo, the Special Rapporteur called for the acknowledgement of “traditional dispute resolution as a legitimate form of justice”.12 C. The role of indigenous juridical systems in facilitating access to justice 20. Indigenous juridical systems can play a crucial role in facilitating access to justice for indigenous peoples, particularly in contexts where access to the State’s justice system is limited due to, among other factors, distance, language barriers and systematic discrimination. Informal justice institutions can provide better access to justice because they may reduce the need for travel if they are conducted in the local area, may cost less, may be less prone to corruption and discrimination and can be conducted by trusted people in a language that everyone understands and in a culturally accessible manner.13 This is particularly true in contexts where State justice systems are plagued by inefficiency and corruption. D. The relationship between indigenous juridical systems and international human rights law 21. A central issue in relation to the use and implementation of indigenous justice systems is the potential for conflict with international human rights norms. While affirming the right of indigenous peoples to promote, develop and maintain their juridical systems or customs, article 34 of the United Nations Declaration on the Rights of Indigenous Peoples states that this must be done “in accordance with international human rights standards”. Three allegations that are frequently made against indigenous juridical systems are that they are gender biased and thus do not provide equal access to justice for women;14 that indigenous justice systems often do not follow due process; and that remedies may include the use of corporal punishment.15 Although these critiques hold true in some cases, they should not be used as an argument to invalidate indigenous juridical systems altogether under the pretext of non-compliance with international human rights norms. Furthermore, 12 13 14 15 A/HRC/18/35/Add.5, para. 87. See also A/HRC/15/37/Add.2 and A/HRC/15/37/Add.4. Tilmann J. Röder, “Informal justice systems: challenges and perspectives,”, in Innovations in Rule of Law: a Compilation of Concise Essays, Juan Carlos Botero et al., eds. (HiiL and the World Justice Project, 2012); Rachel Sieder and María Teresa Sierra, “Indigenous women’s access to justice in Latin America”, Christian Michelsen Institute Working Paper, No. 2010:2 (Bergen, CMI, 2010). Available from http://www.cmi.no/publications/publication/?3880=indigenous-womens-access-tojustice-in-latin. Kimberly Inksater, “Transformative juricultural pluralism: indigenous justice systems in Latin America and international human rights”, Journal of Legal Pluralism and Unofficial Law, vol. 42, No. 60 (2010), p. 105. Inksater, loc. cit. (see footnote 14 above), p. 120. 7