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Secondly, I will provide an overview of the findings made after my official visit to Mexico regarding access to justice, indigenous systems of justice and self-determination.

For example, I was informed that there were jurisdicclonal 25 bilingual public defenders operating nationally. Access to justice also requires the jurksdiccional and promotion of indigenous peoples’ usages, customs, juridical systems, autonomy and self-governance initiatives, also recognized in the abovementioned international instruments. This is aggravated by the presence of 0733 crime in indigenous territories and the overall situation of impunity afflicting the country.

I consider that indigenous peoples’ efforts in these areas offer great contributions to national debates and discussions on matters relating to security, jurisdiccionwl administration and good governance. Indigenous peoples have experienced limited results in obtaining recognition and protection of their land rights through the use of the agrarian legal procedures. Challenges in exercising indigenous justice systems, self-government and self-determination.

Due process would depend on the particular laws and procedures of the indigenous community concerned based on its social and political organization. This would be an important response to the needs of indigenous peoples to access justice systems that are suited to their social, cultural, economic needs and particularities. The Philippine law recognizes the right of indigenous peoples “to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights.

Bolivia aprobó una peligrosa ley de justicia indígena

Efforts at creating mechanisms for interface between indigenous and justice systems need to provide a certain degree jurisdifcional flexibility in addressing the competencies of indigenous jurisdictional authorities. Delays in the resolution of land cases before agrarian tribunals have led to prolonged and often violent inter and intra jurisidccional conflicts.

However, there is also a need to develop mechanisms to ensure access to justice for indigenous peoples seeking protection of their lands, territories and natural resources in the context of megaprojects, agrarian conflicts and cases of environmental and health damages.

I will then conclude with a discussion of further areas of work in the areas of indigenous justice systems and autonomy based on the recommendations I made in my country report.

In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice. Main findings of official visit to Mexico Challenges in access to the national justice system During my visit, I was able to hear of the problems indigenous peoples face in obtaining justice and reparations for violations of their human rights. However, by focusing on specific competencies for indigenous justice authorities and areas where indigenous jurisdiction does not apply, the legislation resulted in significant restrictions on the jurisdictional powers of indigenous authorities.


In Chiapas, the creation and promotion of autonomous municipalities and good-governance councils have responded to the needs of indigenous peoples in the areas of health, education, justice and other rights without creating dependence on government aid. However, Special Rapporteur Stavenhagen noted this same article “hems it round with restrictions which make it difficult to implement it in practice.

It was in the context of this mandate that I was invited by the Government of Mexico to undertake an official country mission from 8 to 17 November These review bodies would need to contribute constructively to the respect and strengthening of indigenous jurisdictional powers. An intercultural dialogue between indigenous and State justice authorities regarding the areas that indigenous justice operators consider they should adjudicate should be promoted with a view to guaranteeing a maximum level of autonomy for the indigenous peoples concerned.

Coordination between indigenous and national justice system In Mexico, as in other countries, the recognition of indigenous juridical systems would also involve the establishment of mechanisms for harmonization and interface with the national or ordinary jurisdiction.

Nevertheless, there is jurisdiccionao comprehensive national mechanism for coordination or interface between indigenous and ordinary jurisdictions. This includes challenges in obtaining justice and reparations for human rights violations through the national justice systems, as well as exercising their rights to their own systems of justice and related desline to autonomy and self-government.

Furthermore, measures need to be adopted so that the criminal justice system is not used to criminalize indigenous peoples, or those that assist them, when engaging in the legitimate defense of their rights. My mission had the two-fold purpose of assessing the implementation of the recommendations that my predecessor Special Rapporteur Rodolfo Stavenhagen made in and to evaluate how Mexico has implemented its international commitments on indigenous peoples’ human rights.

I pointed out the importance of indigenous peoples to continue developing and strengthening their own legal, policy and self-determination initiatives. Promoting an intercultural understanding of human rights. Mexico played a leading role in the approval by the United Nations General Assembly of the Declaration on the rights of indigenous peoples in These are also important jurisdicfional to enable indigenous peoples’ access to justice.

For indigenous peoples, there continue to be economic, cultural, language and geographic barriers along with racism and discrimination that limit indigenous peoples’ ability to defend their rights before the national legal system. This can be a useful practice to facilitate an intercultural dialogue which should be expanded jurisdiccionzl further debates and cases related to indigenous juridical systems.


Guatemala, Judgment of November 26,para. Indigenous peoples have also utilized the amparo mechanism brought about by the constitutional reform to seek protection of their rights in the context of jurisdicciojal carried out in their lands without prior consultation.

This would be a way for State authorities to learn about indigenous cultures, languages, customs, laws and procedures in order to prevent prejudicial lfy against indigenous systems of justice.

Bolivia aprobó una peligrosa ley de justicia indígena – Infobae

As article 4 of the Declaration states, indigenous peoples have the right to ways and means for financing their autonomous functions. Paraguay, Judgment of March 29,paras. However, recent efforts in Guerrero to undercut these advances could increase incidents of criminalization of these community-based practices.

The Declaration affirms the right of indigenous peoples to “access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights” and said decisions should consider the customs, traditions and legal systems of indigenous peoples and international human rights art.

Among the main human rights concerns identified by indigenous peoples were issues related to access to justice, self-determination and autonomy in the context of a grave situation of violence, impunity and criminalization.

There needs to be an ongoing process of exchange of information, understanding and capacity-building between State and indigenous justice authorities. Coordination between indigenous and national justice system. Said review body could provide a space for true intercultural dialogue and decision-making, where the cultural context in which decisions made by indigenous authorities would be understood, respected and taken into account.

Challenges in access to the national justice system. Article 2 of the Mexican Constitution makes an important recognition of indigenous peoples’ rights to autonomy and self-determination, including their internal forms of coexistence, their social, economic, political and cultural organization and the application of their own legal systems to resolve internal conflicts.

Paramilitary and other armed groups committing human rights violations in indigenous territories should be dismantled, disarmed and criminally sanctioned.

In my country, the Philippines, indigenous peoples’ rights are recognized in the Constitution and in 10 years deslnide the adoption of the UN Declaration on indigenous peoples it became the fist Asian country to adopt a law on indigenous peoples.

I consider that these are important programs that need to be continued and strengthened. In my presentation, I will begin by providing an overview of international human rights standards related to indigenous jurrisdiccional access to justice and their own juridical systems.