E/CN.4/2004/80 page 19 making them more effective in the protection of human rights - both individual and collective. Legal pluralism in States is an opportunity for allowing indigenous legal systems to function effectively as parts of or parallel to national legal systems. 69. The Special Rapporteur recommends that indigenous law be accorded the status and hierarchy of positive law within the framework of the right to self-determination, and that States that have not yet done so undertake ways and means, in consultation with indigenous peoples, of opening their judicial systems to indigenous legal concepts and customs. 70. Various United Nations specialized agencies and programmes have recognized the relevance of such customary laws and encouraged its incorporation in the national legal system. Within the framework of the Universal Declaration on Cultural Diversity adopted by the General Conference in 2001, UNESCO encourages interdisciplinary exchanges between indigenous and non-indigenous experts geared to promoting the recognition, safeguarding and revitalization of indigenous cultural resources and identities. Among other activities, UNESCO supports a project among the Mapuche-Tehuelche people in Argentina focused on conflict resolution. UNDP also supports the strengthening of traditional local community justice structures and conflict resolution mechanisms, and encourages in particular the participation of women at all levels. 71. In response to the argument that special recognition of indigenous legal institutions may be inconsistent with the principle of non-discrimination, international law recognizes the need for positive measures to protect the rights of minorities and for policies aimed at correcting conditions that prevent or impair the full enjoyment of their rights.32 Positive measures, especially for indigenous peoples, are also foreseen in ILO Convention No. 169 and other international instruments. 72. Such positive measures are being applied in a number of States. New Zealand reports on the use of indigenous prayers to commence court proceedings or public meetings, and sacred sites are acknowledged and protected under environmental legislation. The Ngai Tahu Claims Settlement Act (1998) contains extensive statutory acknowledgment of the mythological and sacred origins of natural landmarks. The Resource Management Act (1991) recognizes that in matters of national importance, all persons must take into account the relationship between the Maori and their lands and environment, as well as the principles of the Treaty of Waitangi.33 In Finland, customary law forms part of domestic sources of law and can thus be applied to court proceedings involving indigenous people. 73. Indigenous peoples have claimed new rights based on the recognition of their cultural and ethnic characteristics. In this context, tribal courts have grown into expressions and conduits of self-determination and self-governance, a purpose not always viewed positively by States. A good example is the Court of the Navaho Nation, in the United States, which has criminal jurisdiction for offences committed by Navahos and Native Americans of other tribes who come within the jurisdiction of the reservation, and civil jurisdiction over any action arising within the Navaho Nation or having an adverse impact on it. The Court uses general principles of American common law, federal statutes and agency regulations, and its court rules are similar to those used in the federal judicial system. At the same time, the Court also uses Navaho common law, based on societal traditions that are preserved in creation lore, ceremonies, chants, prayers, and similar carriers of cultural values. For major crimes, individual Navahos are subject to