A/HRC/42/37 sentencing or bail decisions and propose alternatives to detention or imprisonment. 51 The indigenous justice programme in Canada also supports indigenous community-based justice programmes that offer alternatives to mainstream justice processes in appropriate circumstances.52 95. States have recognized the importance of training judges and judicial and other law enforcement officials in the customs and practices of indigenous peoples.53 The inclusion of indigenous customary law and practical training in the law and judicial school curricula (such as dual law degrees in both legal systems) and continuing education (short courses, seminars, conferences, cultural immersion tours and site visits), delivered by indigenous representatives are examples of positive measures. 54 Technical and financial assistance 96. The United Nations Declaration on the Rights of Indigenous Peoples recognizes the rights of indigenous peoples to technical and financial assistance from States and international cooperation for the enjoyment of their rights (art. 39), including assistance to finance their autonomous functions (art. 4). That is important because the historical and contemporary social, political and economic circumstances that indigenous peoples have faced have in many cases debilitated their own traditional institutions, norms and procedures in the areas of justice. There should be coordinated efforts between indigenous peoples, State authorities, international donors and other interested parties to help strengthen and promote indigenous justice systems. Such efforts should support indigenous peoples to value and, where necessary, recover their own knowledge and practices related to conflict resolution and the administration of justice (A/HRC/15/37/Add.7, para. 10). 97. Inadequate allocation of resources to indigenous justice systems is a recurring concern. Skills training and awareness-raising activities are often carried out by civil society organizations. For example, in Ecuador the lack of human resources and funding for indigenous justice are delaying capacity-building skills on due process and harmonization with international human rights law. 98. Funding is also necessary to research and evaluate community sanctions that can provide realistic alternatives to imprisonment for indigenous offenders and respond to the underlying causes of offending. Funding is also necessary to create accessible and culturally appropriate victim services and establish indigenous law institutes for the development, use and understanding of indigenous laws and access to justice. Restorative justice 99. In the 2002 basic principles on the use of restorative justice programmes in criminal matters it is recognized that restorative justice initiatives “often draw upon traditional and indigenous forms of justice”.55 The earlier Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power also states that: “Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilized where appropriate to facilitate conciliation and redress for victims.” 100. Restorative justice processes in State systems cannot however justify a failure to recognize right of indigenous peoples to maintain and develop their distinct juridical systems or be allowed to “freeze … [the] indigenous cultural and political expression within parameters acceptable to the State”.56 The United Nations Office on Drugs and 51 52 53 54 55 56 See, for example R v. Gladue [1999] 1 S.C.R. 688 and R v. Ipeelee 2012 SCC 13. See contribution of Canada to the present report. See contribution of Bolivia to the present report; E/CN.4/2003/90/Add.3, para. 25, and CERD/C/ARG/CO/21-23, para. 30 (a) and (c). See, for example, joint degree programme in Canadian common law and indigenous legal orders, University of Victoria, Canada. For elements of a definition of restorative justice, see A/HRC/27/65, paras. 67–70. See Stephanie Vieille, “Maori customary law: a relational approach to justice”, The international Indigenous Policy Journal, vol. 3, No. 1 (March 2012). 17