A/HRC/24/50 57. Where indigenous persons are subject to both indigenous peoples’ laws and also State-based justice systems for the same alleged actions, they run the risk of being subject to prosecution under two legal systems. The problem is exacerbated where the State-based system does not recognize the indigenous peoples’ system. In such cases, the tribal system should be paramount. B. Linking indigenous peoples and State justice systems 58. Some positive examples exist of States’ recognition of and cooperation with indigenous justice systems. In New Zealand, where Maori youth comprise 20 per cent of the youth population but 54 per cent of young people appearing in court,64 youth may be diverted from the conventional justice system to Marae-based courts, which aim to reconnect young Maori with their culture and encourage the meaningful involvement of families and iwi in the youth justice process to contribute to reduced risk of reoffending.65 59. After studying the peacemaking processes practiced by the Navajo Nation and other tribes across the United States and Canada, the Center for Court Innovation, a federally funded NGO, invited Navajo peacemakers to contribute to the initiation of a peacemaking programme by non-indigenous individuals in Red Hook, Brooklyn in the United States. The programme is now applying principles of peacemaking to resolve disputes.66 60. In some cases, States have sought to codify the customary laws of indigenous peoples. In Greenland, until 2010, criminal justice was conducted on the basis of the 1954 Act on the Criminal Code. The Act was rooted in indigenous Greenlandic perceptions of justice, which focused greatly on rehabilitation. As a result, Greenland did not have conventional prisons but rather open institutions where the offender, after sentencing, had to stay and perhaps undergo treatment, while able to pursue employment or training opportunities. As of 2010, a new and revised law on the administration of justice in Greenland entered into force which, although maintaining the principle of rehabilitation, also made it possible to sentence criminal offenders to so-called semi-closed institutions.67 61. Sarawak, Malaysia, established the Majlis Adat Isti Adat (Council for the Preservation of Customs) for the purpose of preserving native customs. Through a process of consultation with the elders and members of indigenous communities, the Council codified customary law, selecting versions that were the common practice in all the communities to ensure credibility and acceptability. Codification may facilitate the linking of State and customary justice systems and have benefits, for example, by making complex systems accessible and understood by younger generations and the general public. It can also contribute to greater local acceptance for decisions made, for example, by Elder Senates or Councils. At the same time, codification can affect the fluid and informal nature of the original and living customary laws.68 64 65 66 67 68 14 Submission: New Zealand Human Rights Commission, Te Kahui Tika Tangata. Ibid. See www.courtinnovation.org/project/peacemaking-program. Seminar on access to justice: Mille Sovndahl Pedersen. Seminar on access to justice: Ramy Bulan.