A/HRC/27/64
VII. Study and advice on access to justice in the promotion and
protection of the rights of indigenous peoples: restorative
justice, indigenous juridical systems, and access to justice
for indigenous women, children and youth and persons
with disabilities
57.
Mr. Titus introduced the follow-up study on access to justice with a focus on
restorative justice, indigenous juridical systems and access to justice for indigenous women,
children and youth and persons with disabilities. Before providing an overview of the
study’s contents, he expressed the Expert Mechanism’s gratitude to the University of
Auckland and OHCHR for jointly organizing the expert seminar on the topic of the study,
which took place in Auckland, New Zealand, on 17 and 18 February 2014, as well as to the
experts who participated in the seminar, for their invaluable contributions. He also thanked
the States, the indigenous peoples’ organizations and the national human rights institutions
that had contributed to the study through written submissions.
58.
International Chief Littlechild emphasized the need to refer to the Expert
Mechanism’s advice on access to justice in the lead-up to the World Conference and the
finalization of its outcome document.
59.
Mr. Tsykarev referred to the positive practice of there being indigenous rights
ombudsmen, as was the case in the Russian Federation, and as mentioned in the report of
the sixth session of the Expert Mechanism and the report of the Permanent Forum on
Indigenous Issues on its thirteenth session. However, he urged all actors to ensure that this
“good practice” was fully and widely implemented before presenting it at the international
level. Mr. Tsykarev called on all stakeholders to ensure that there was no regress in the
implementation of positive practices, and that all measures had a systemic character, rather
than a one-off nature. He also highlighted the important role that human rights defenders
played in supporting indigenous peoples’ access to justice, stressing that it was
unacceptable to intimidate and illegally detain human rights defenders.
60.
State delegations and indigenous peoples’ representatives gave generally positive
statements regarding the follow-up report on access to justice, noting in particular its
emphasis on indigenous women, children and youth and persons with disabilities, and on
the right of indigenous peoples to exercise their traditional justice systems. Participants also
commended the Expert Mechanism for emphasizing the fact that a holistic approach to
access to justice was necessary. The New Zealand Human Rights Commission, for
example, illustrated how, in New Zealand, the interlinked issues of crime, vulnerable
families and victims of crime were being addressed in partnership with indigenous
community leaders. In several regions of the country, a Community Justice Panel, made up
of Maori leaders and elders, meets with offenders to agree on a way to repair harms caused
and to deal with factors that led to the offending. In addition, participants agreed with the
study’s emphasis on the fact that indigenous juridical systems needed to be properly
resourced and funded if they were to be effective and sustainable in facilitating indigenous
peoples’ access to justice.
61.
Interventions from the floor brought up certain barriers to accessing justice that had
either been omitted from the study or had not been addressed sufficiently. These included
environmental justice and access to justice over issues relating to land and natural
resources, situations in which indigenous peoples were not recognized as such, the link
between self-determination and access to justice, and discrimination in accessing justice
based on sexual orientation and gender identity.
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