A/HRC/27/65 38. Extractive industries operating near or on indigenous territories often increase the risk of violence (from workers) and health-related problems of indigenous women, such as cancer from contaminated water (E/C.19/2012/6, p. 8). State laws have too often fallen short of adequately protecting against corporate human rights violations, or providing adequate redress mechanisms (A/HRC/21/55). 39. Indigenous women are overrepresented in national criminal justice systems. In the case of New Zealand, for example, while Māori comprise approximately 15 per cent of the population, 58 per cent of women in prison are Māori.24 This negative trend is present in other nations as well, as the proportion of indigenous women in prison increases. The examples of disproportionate representation of indigenous women in justice systems often result from systemic biased use of discretionary powers, poverty, marginalization and violence against indigenous women.25 40. Reporting of violence against indigenous women is often lacking, for numerous reasons. Where discrimination and bias exist in criminal justice systems, indigenous women may not feel comfortable filing complaints. Other times, they may be unaware of the available services and protections, particularly those living in rural or remote areas, where services may simply not exist. Lack of options to leave abusive relationships may lead to indigenous women recanting initial reports of violence, and then being charged with making false allegations. Crimes committed against indigenous women that are reported are often downplayed or have the penalties reduced, leading to unequal legal protection.26 Indigenous women often experience marginalization, disbelief and bias in the legal system, and may be discriminated against and harassed by police when reporting abuse. 41. Traditional justice systems can increase access to justice for indigenous women by providing access to justice in a culturally relevant form. Yet in many instances these systems are male dominated and discriminatory against women. Traditional justice systems need to be strengthened in their ability to protect indigenous women from violence, and advocate for fair and equal treatment. 2. Remedies 42. Amelioration of social and economic barriers to full, effective and meaningful participation of indigenous women in society in general would greatly enhance indigenous women’s ability to access justice. Programmes that disseminate information on available programming and law reform can help protect indigenous women. 43. Fundamental to ensuring that the rights of indigenous women are represented in legal systems is increasing the appointments of indigenous women to both indigenous and non-indigenous judicial systems. It is very important to appoint women magistrates for cases where women do not want to appear before a male justice; this can be a method of improving indigenous women’s comfort with, and access to, the justice system.27 44. Gender sensitization training of justice and law enforcement officials should be pursued, as well as awareness-raising on the cultural specificities of working with indigenous women. Criminal justice institutions should also be encouraged to become more open and accepting of indigenous women leaders, and their role in decision-making. 24 25 26 27 Statistics New Zealand, “New Zealand’s prison population”, available from www.stats.govt.nz/browse_for_stats/snapshots-of-nz/yearbook/society/crime/corrections.aspx. Expert Seminar: Hannah McGlade. Ibid. Expert Seminar: Ipul Powaseu. 11