A/HRC/42/37 persons living in a situation of socioeconomic vulnerability, 20 and the perceived lack of perspective for redress of their rights, are also deterrent factors. 41. Effective and equal access to courts and remedies for indigenous peoples is essential for realization of both individual and collective rights beyond fair trial and equality before the law. Even where indigenous peoples have the possibility to resort to their traditional mechanisms to resolve a dispute, they should be able to choose the ordinary justice system instead in order to seek recognition of their collective rights by the wider society (A/HRC/24/50, paras. 32–34). Overrepresentation and discrimination against indigenous peoples in ordinary criminal justice systems 42. Indigenous peoples are overrepresented in every stage of criminal justice processes, from arrest through the serving of prison sentences, in every region of the world. Among the factors contributing to this are direct or indirect discrimination in legislation, policies, law enforcement strategies, and other practices;21 long-term dispossession, socioeconomic marginalization and poverty, intergenerational trauma; individual and institutional racism and discrimination; overpolicing of indigenous communities; insufficient access to legal counsel; lack of effective judicial review; limited access to information; and language barriers.22 43. Reports of arbitrary arrests and excessive use of force against indigenous individuals are pervasive in all regions of the world.23 In Asia and Africa, imprisonment is often enforced against indigenous peoples living in forest areas who are accused of encroachment on State lands or illegal logging in national parks.24 For example, in the Democratic Republic of the Congo the Batwa peoples have faced beatings and attacks from forest wardens and in Kenya the Samburu, Maasai and Turkana peoples have been subject to arbitrary arrests by the police.25 In Thailand, evicted Karen have faced counter-criminal charges when seeking remedy in the justice system.26 44. In Chile, police raids and operations have led to excessive use of force against members of the Mapuche community. 27 In Guatemala the Special Rapporteur observed an escalation of criminalization against numerous indigenous community members. Her thematic report to the Human Rights Council in 2018 was dedicated to an analysis of the increasing attacks against and criminalization of indigenous human rights defenders (see A/HRC/39/17 and Add.3). 45. Indigenous peoples are overrepresented in prison and detention centres and indigenous persons with disabilities are particularly at risk of being imprisoned (CRPD/C/CAN/CO/1, para. 31). Programmes that address the gender-specific needs of indigenous women and their cultural, spiritual and religious requirements are lacking in the large majority of prison systems. 28 20 21 22 23 24 25 26 27 28 See, for example, A/HRC/39/17/Add.3, para. 82; A/HRC/39/17/Add.2, para. 64; A/HRC/21/47/Add.2, para. 51; E/C.12/IND/CO/5, para. 13; CERD/C/KEN/CO/5-7, para. 15. See, for example, Stefania Errico, The Rights of Indigenous Peoples in Asia. Human rights-based overview of national legal and policy frameworks against the backdrop of country strategies for development and poverty reduction (Geneva, ILO, 2017), p. 38; CCPR/C/CHL/CO/6, para. 7; communications CHL 2/2018 and PHL 5/2018; and A/HRC/36/46/Add.2, para. 68. See, for example, A/HRC/36/46/Add.2, para. 67; CERD/C/COL/CO/15-16, para. 39; and A/HRC/36/28, para. 18. See, for example, A/HRC/39/17 and Add.2, para. 65, and CCPR/C/CAN/CO/6, para. 11. Stefania Errico, “The rights of Indigenous peoples in Asia”, p. 38. See communications from special procedures mandate holders KEN 5/2018 and COD 1/2018; and Report of the African Commission’s Working Group on Indigenous Populations/Communities, p. 38. See communication THA 2/2019. See communication CHL 3/2017 and CERD/C/CHL/CO/19-21, para. 15. See rules 54 and 55 of the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders. 9