A/HRC/24/50 protection of their human rights (art. 12) and to retain their own customs and institutions (art. 8). The Convention further requires that, when applying national laws to indigenous peoples, their customs and customary laws be regarded (art. 8), and that adequate procedures be established to resolve land claims (art. 14). 13. The right to a remedy and related procedural and substantive rights essential to securing a remedy are protected in a wide range of international instruments.6 The United Nations treaty bodies have found that, when providing for remedies, they should be adapted so as to take account of the special vulnerability of certain categories of persons. 7 Moreover, without the provision of reparations, the duty to provide remedies has not been discharged.8 Reparations can take the form of restitution, rehabilitation and measures such as public apologies, public memorials, guarantees of non-repetition and changes in the relevant laws and practices and bringing to justice the perpetrators of human rights violations.9 The Expert Mechanism has recommended previously that, in providing redress to indigenous peoples for the negative impacts of State laws and policies, States should prioritize the views of indigenous peoples on appropriate forms of redress (A/HRC/21/53, para. 23). 14. The right to equality before courts and tribunals requires procedural fairness. In facing criminal charges, this includes being informed promptly and adequately in an appropriate language of the charges; communication with counsel of one’s own choosing; and the free assistance of an interpreter. In particular, measures are to be taken to ensure that indigenous peoples can understand and be understood in legal proceedings.10 Access to legal aid, including assistance of counsel, is often an essential element in ensuring access to courts, and the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination have been construed by their respective treaty bodies as encompassing rights to counsel in civil and criminal cases.11 15. Under international law, States must take positive measures to enable realization of human rights, including through the removal of economic, social and cultural barriers to access to justice.12 In addition to the adoption of legislative measures, such measures may include administrative, financial, educational and social measures, 13 the provision of judicial remedies, 14 and the establishment of national commissions or other appropriate bodies.15 The Committee on Economic, Social and Cultural Rights has found that positive 6 7 8 9 10 11 12 13 14 15 Such as the International Covenant on Civil and Political Rights. Human rights treaty bodies have outlined the need for access to effective remedies to guarantee the realization of many human rights. See, for example, Committee on Economic, Social and Cultural Rights general comment No. 9 (1998); and Committee on the Elimination of Discrimination against Women, communication No. 18/2008, views adopted on 16 July 2010. Human Rights Committee, general comment No. 31 (2004), para. 15. Ibid., para. 16; Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 32. Human Rights Committee, general comment No. 31, para. 16. ILO Convention No. 169, art. 12. See Human Rights Committee, general comment No. 32 (2007), and Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005). International Covenant on Civil and Political Rights, art. 2, para. 2; International Covenant on Economic, Social and Cultural Rights, art. 2, para. 1; Convention on the Elimination of All Forms of Discrimination against Women, art. 2; Convention on the Rights of Persons with Disabilities, art. 4. Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 7. Ibid., para. 5. Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993), para. 1. 5