A/HRC/42/37 to avoid freezing those laws as they currently exist, with a particular concern not to entrench any norms or practices that could otherwise develop in a more harmonious direction in accordance with international human rights. 117. Human rights standards should not be invoked as a justification to deny the right of indigenous peoples to promote and maintain their systems of justice and selfgovernance. States and other actors must ensure that any measure to address human rights concerns in relation to indigenous justice systems complies with the requirements of article 19 and article 46 (2) of the United Nations Declaration on the Rights of Indigenous Peoples. 118. When preparing legislation or other measures affecting indigenous peoples, States should consult indigenous peoples in good faith in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them (art. 19 of the United Nations Declaration on the Rights of Indigenous Peoples). 119. States and indigenous leaders share the responsibility for ensuring that processes and decisions by indigenous justice authorities accord with international human rights, particularly in the context of possible conflicts between the rights and interests of individual indigenous members and the collective rights and interest of an indigenous people or community. Dialogue, cooperation, consultation, and consent are crucial. No unilateral or coercive interventions should take place. 120. Indigenous authorities should ensure safe and inclusive spaces for all in the community to discuss the appropriateness of norms and practices and their consistency with constitutional or international human rights, and to argue for their reform or modification. They should give due consideration to the arguments presented in such discussions. Other stakeholders may support such internal discussions, as well as offering relevant capacity-building or other awareness-building activities both to indigenous leaders and other members of indigenous communities. Any engagement by non-indigenous actors with indigenous communities and leadership on such issues should be sensitive to the social, cultural, political and historical context and cohesion of indigenous peoples and the risk that outside interventions may be perceived as perpetuating actions and attitudes reminiscent of colonialist eras and related historically oppressive connotations. 121. States, indigenous peoples and others should work cooperatively to address the special needs and concerns of indigenous women, children, youth, persons with disabilities and others who frequently face discrimination or other barriers in the areas of access to justice within both the ordinary and indigenous justice systems. 20

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