A/HRC/27/65 Annex Expert Mechanism Advice No. 6 (2014): Restorative justice, indigenous juridical systems and access to justice for indigenous women, children and youth, and persons with disabilities A. General 1. The United Nations Declaration on the Rights of Indigenous Peoples constitutes a principled framework for justice, reconciliation, healing and peace. It affirms that the United Nations, its bodies and specialized agencies, and States have a duty to promote respect for and full application of the provisions of the Declaration and follow up on its effectiveness. Full implementation of the Declaration necessarily entails the protection and promotion of indigenous peoples’ right to access to justice and to effective remedies. 2. Indigenous juridical systems can play a crucial role in facilitating access to justice for indigenous peoples. The Declaration affirms indigenous peoples’ right to promote, develop and maintain their juridical systems or customs, in accordance with international human rights standards (article 34). The Declaration also upholds indigenous peoples’ right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining the right to participate fully in the political, economic, social and cultural life of the State (article 5). 3. Access to justice, in addition to being a right in itself, is of paramount importance to indigenous women, children and youth, and persons with disabilities, as a means of obtaining timely and effective remedies. It must be viewed holistically, since access to justice is inextricably linked to other human rights challenges faced by indigenous peoples, including their status in society as indigenous women, children and youth, and persons with disabilities, as well as poverty, lack of access to health and education, and lack of recognition of their lands, territories and resources. 4. In this regard, several recent judicial decisions highlight the role that access to justice can play in asserting indigenous peoples’ rights over their lands, territories and resources.65 B. Advice for States 5. In accordance with the Declaration, States must recognize indigenous peoples’ right to maintain, develop and strengthen their own juridical systems, and must value the contribution that these systems can make to facilitating indigenous peoples’ access to justice. In this regard, States must allocate resources to support the adequate functioning and sustainability of indigenous juridical systems and help ensure that they meet the needs of communities, in accordance with article 39 of the Declaration. 65 See for example Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Supreme Court of Canada), which relates to indigenous peoples’ title to land and resources based on a territorial approach, and Decision Number 35/PUU-X/2012 of the Constitutional Court of Indonesia, which recognizes the rights of the Indigenous Peoples of the Archipelago over their customary forests. 21