A/HRC/24/50 considered, and preference should be given to methods of rehabilitation other than prison.51 In some cases, States have passed laws or undertaken initiatives in this regard. 48. The Penal Code of Peru includes a number of provisions intended to ensure consideration of indigenous peoples’ cultural rights, including a reduction or exemption of sentences in cases where an indigenous defendant has committed a crime under different cultural parameters. 52 In Canada, efforts to address high incarceration levels include the Gladue sentencing principles, which seek to address overrepresentation of indigenous persons in custody, where possible, by compelling judges to pay particular attention to the unique circumstances of indigenous peoples and their social histories in determining suitable sentence for indigenous offenders.53 VI. Indigenous peoples’ legal systems 49. Tribal justice systems are diverse. In some cases, indigenous justice systems employ adversarial processes while others conduct traditional dispute resolution. Many indigenous courts apply written or positive law and others are guided by unwritten customary laws, traditions and practices that may be learned primarily by example and through oral teachings.54 Indigenous justice systems often reflect closely the cultures and mores of the peoples concerned, contributing to their legitimacy. In some cultures, indigenous women play an important role, such as the Naga women in north-east India.55 50. For many indigenous peoples, customary norms and laws that govern relationships are accepted as correct and beneficial for generating harmonious relationships and communities. 56 Customary justice mechanisms are often more accessible than domestic State systems, because of their cultural relevance, availability and proximity. 51. Despite their long usage, there may also be challenges associated with the administration of traditional justice. These include the difficulties of applying complex norms that may vary considerably among local communities. This may also include processes that give collective concerns paramount importance over individual rights, such as in the context of domestic or sexual violence against women and girls. 52. Forms of restorative justice have been practiced in many regions. In contrast to many mainstream criminal justice practices, restorative justice often focuses on healing the harm caused by events or criminal acts and, in working towards this goal, involving all of those impacted by the event, including the parties, families and members of the community. The purpose of restorative justice may go beyond the immediate dispute to also heal the relationships of those involved. Indigenous restorative justice practices have contributed to restorative approaches more generally, demonstrating alternatives to punitive or retributionbased approaches.57 51 52 53 54 55 56 57 12 ILO Convention No. 169. Submission: Peru. See Native Women’s Association of Canada, “What is Gladue?”, available from www.nwac.ca. The Gladue principles have been eroded by recent legislative amendments. However, the Supreme Court of Canada recently reinforced the principles and expanded their application to the residential school legacy (see R v. Ipeelee, judgement of 23 March 2012). See, for example, Ada Pecos Melton, “Indigenous justice systems and tribal society,” available from www.aidainc.net/Publications/ij_systems.htm. Final report of the study on indigenous peoples and the right to participate in decision-making: Report of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/18/42), para. 38. Seminar on access to justice: Ramy Bulan. Ibid.