A/HRC/30/41
and discourage reporting by women. When women do come forward, there may be
complicated tensions between jurisdictions relating to competence to prosecute, which can
create delays and thereby prolong the suffering of the victim and discourage women from
reporting violence in the future. Loopholes in the rules governing the relationship between
jurisdictions can also make it possible for perpetrators to evade prosecution.
Community dynamics and stigma
71.
Indigenous systems of governance and power structures are often highly gendered
and may exclude women and their perspective from administration of justice and control
over the development of social standards and decisions, which impacts women’s
vulnerability to abuses of their human rights. Indigenous communities tend to be tight-knit,
which can serve to protect perpetrators and silence women, and there is also often a high
level of stigma associated with being a victim of violence so that indigenous women are
often afraid to report violence for fear of being ostracized within the community.
Furthermore, the close-knit nature of indigenous communities and the social stigma of
violence may restrict women’s ability to seek justice within other jurisdictions.
B.
Promising practices
72.
Despite the significant constraints facing them, there are many instances where
indigenous women having successfully mobilized to fight for their rights. Those successes
have led to the development of promising practices in relation to the respect and protection
of indigenous women. The following examples of good practice are illustrative and not
exhaustive:
(a)
As observed by the Special Rapporteur on violence against women, its causes
and consequences, the tribal justice system of the Eastern Band of Cherokee Indians in the
United States has an effective infrastructure to provide safety of women within their
jurisdiction, including dedicated codes to address domestic violence and training for
personnel of tribal law enforcement authorities, tribal courts, prosecutors and probation
officers. Furthermore, tribal courts have ordered that offenders enrol in re-education
programmes and tribes support programmes to encourage boys and young men to respect
women;25
(b)
Numerous tribes, such as the Eastern Band of Cherokee Indians, maintain the
practice of banishing perpetrators of violence against women from their tribal jurisdictional
boundaries. That has proven to be an effective sanction which prevents women and their
children from being forced to flee their home due to violence. Banishment is a serious
community sanction that cuts off perpetrators and sends a strong message about the
protection of women and children in the community. 26 Several Kankanaey Igorot
communities in the Cordillera region of the Philippines have customary laws that banish
members who have committed rape. Thus, in those communities, incidences of rape are
very low compared to urban areas and other provinces. The women of some Kalinga Igorot
villages in the same region have succeeded in convincing their traditional leaders to abolish
the discriminatory practices of bride price, dowry and arranged marriages;
(c)
The Working Group on Discrimination against Women in Law and in
Practice reported that some Latin American States formally recognize indigenous laws and
25
26
See A/HRC/17/26/Add.5, para. 100.
Ibid., para. 102.
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