A/HRC/27/64
62.
Several participants referred to the link between education, including human rights
education, and access to justice. In that regard, the technical secretariat of the United
Nations Indigenous Peoples’ Partnership highlighted an initiative that it supported in the
Republic of the Congo, whereby the 2011 Law on the Promotion and Protection of the
Rights of Indigenous Populations was being translated into indigenous languages and its
contents were being disseminated via television and radio.
63.
Several participants discussed the challenges that language and cultural barriers
posed to indigenous peoples when accessing justice, particularly the non-recognition of
their languages. In that regard, Mr. Tsykarev pointed out that legal proceedings often
ignored the language and culture of indigenous peoples, and that it was crucial to build the
capacity of judges, lawyers and prosecutors in such a way as to provide them with a better
understanding of the traditions and rights of indigenous peoples. Making reference to some
cases, he stressed the need to respect the identity and linguistic rights of indigenous
individuals in the criminal justice system, regardless of whether a defendant was guilty or
not. Several States, including Mexico and Guatemala, described programmes run in their
countries for facilitating interpretation and translation into indigenous languages in legal
proceedings.
64.
Some participants contributed specific suggestions for strengthening the text of the
study. One participant suggested that, in addition to calling for greater gender balance in
indigenous and non-indigenous justice systems, the text should also call for greater
representation of indigenous women in international legal systems, such as the human
rights treaty bodies. The same participant also called for a distinction to be made in the
study between “ancestral courts”, rooted in indigenous juridical concepts, and those
modelled on colonial juridical concepts.
65.
In closing the discussion on the study, Mr. Titus suggested that the advice should
include a point on the role that national human rights institutions could play in contributing
to the dissemination and promotion of the advice of the Expert Mechanism among the
judiciary and the legal profession, so that it could be used to inform legal cases and
opinions.
VIII.
Study and advice on the promotion and protection of the
rights of indigenous peoples in disaster risk reduction,
prevention and preparedness initiatives
66.
Mr. Deterville introduced the study on the promotion and protection of the rights of
indigenous peoples in natural disaster risk reduction, prevention and preparedness
initiatives. Before going on to provide a summary of the study, he expressed his thanks to
all those who had contributed to it. He underlined that since an expert seminar had not been
held on the topic of the study, the seventh session provided an opportunity to receive
additional contributions regarding the promotion and protection of the rights of indigenous
peoples in disaster risk reduction initiatives, as well as to receive feedback from States and
indigenous peoples on the study’s contents.
67.
Several State delegations made reference to both good practices and remaining
challenges in addressing the promotion and protection of the rights of indigenous peoples in
the context of disaster risk reduction. For example, the United States of America mentioned
an outreach campaign specifically for tribal governments, which was designed to raise
awareness and build emergency management capacity and was entitled Ready Indian
Country. Guatemala described initiatives that it had taken, such as the development of risk
and vulnerability maps with the participation of indigenous women, as well as several
training and awareness-raising initiatives on disaster risk reduction specifically targeted at
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