A/HRC/24/50 20. Simultaneously, indigenous peoples have the right “to participate fully, if they so choose, in the political, economic, social and cultural life of the State”.20 Here, the right to self-determination requires recognition of the legal standing of indigenous peoples as collectives, and of their representative institutions, to seek redress in appropriate forums.21 Moreover, in these cases, remedies must be collective. 1. Barriers 21. Indigenous peoples have faced considerable challenges in obtaining international and national respect for their self-determination, in part due to State fears that such recognition could undermine States’ own legal, economic, cultural and other forms of authority. 22. The Expert Mechanism is aware of long-standing complaints from indigenous peoples that they lack standing to bring complaints relating to loss of sovereignty and selfdetermination under international law or to enforce treaties between indigenous peoples and States, for example standing as States before the International Court of Justice. 2. Remedies 23. To address instances of non-recognition, reference should be made to jurisprudence at all levels where there has been recognition of the collective legal personality of indigenous peoples and their communities. 22 Another solution identified was the development of a voluntary “optional protocol” to the United Nations Declaration on the Rights of Indigenous Peoples.23 Notably, the draft American Declaration on the Rights of Indigenous Peoples includes a provision that, where disputes regarding treaties, agreements and other constructive arrangements cannot be resolved, these shall be submitted to competent bodies, including regional and international bodies, by States or indigenous peoples.24 B. Non-discrimination 24. The pre-emptory norm of non-discrimination, a fundamental pillar of international human rights law, requires that indigenous peoples have access to justice on an equal basis to the general population. 1. Barriers 25. In all regions, often as a result of structural discrimination, indigenous peoples are disproportionately more likely to experience poor economic and social conditions, including poverty and lack of equal access to appropriate education, health services, employment, vocational training and housing. These factors contribute to social problems among indigenous peoples such as alcoholism and violence, which bear directly upon indigenous peoples’ access to justice and on the adequacy of justice services they receive. 20 21 22 23 24 United Nations Declaration on the Rights of Indigenous Peoples, art. 5. See, for example, the submission of Natural Justice: Lawyers for Communities and the Environment. For example, Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997). Seminar on access to justice: Dalee Sambo. Permanent Council of the Organization of American States, “Record of the current status of the draft American Declaration on the Rights of Indigenous Peoples” OEA/Ser.K/XVI,GT/DADIN/doc.334/08 rev. 7), May 2012. 7