GENEVA - A UN expert today urged States to formally recognise the right of Indigenous Peoples to maintain, strengthen, promote, and develop their own legal systems and customary law institutions.
"Indigenous Peoples' Justice Systems are integral to the autonomy and self-determination of Indigenous Peoples and are essential, not only for Indigenous governance, but also for resolving disputes and strengthening community resilience," said Margaret Satterthwaite, the Special Rapporteur on Independence of Judges and Lawyers.
"Multiple human rights mechanisms have reaffirmed the importance of State recognition of Indigenous justice systems and the need to ensure human rights standards in these systems, including women's equality, the right to a remedy and fair trial standards," she said.
In a report to the Human Rights Council, the Special Rapporteur underscored that independent justice systems play a vital role in advancing access to justice in ways that are culturally resonant, responsive, accessible and effective, particularly in contexts where Indigenous Peoples encounter ongoing and systemic discrimination and marginalisation in ordinary justice systems, contrary to international human rights law.
She outlined three primary challenges that continue to impede the full exercise of Indigenous Peoples right to promote, develop and maintain their juridical systems: the non-recognition of Indigenous Peoples and/or their justice systems; the formal and informal limitations on these justice systems despite formal recognition; and the failure of States to adapt existing justice systems to accommodate Indigenous Peoples.
"States should recognise indigenous peoples' justice systems in constitutional or other legal provisions," the expert said. "Decisions of these systems must be respected, and States must not criminalise Indigenous authorities."
Satterthwaite urged support for an Indigenous-led process to define principles to guide interactions between indigenous justice and ordinary justice systems. She called for greater coordination between the justice systems and noted the value of blended judicial approaches.
