Ley de Régimen Electoral Transitorio [Law of the Transitory Electoral Regime] Ley del Deslinde Jurisdiccional [Law of Jurisdictional Demarcation] (Ley N◦ y Justicia e Paz: Proyecto de Ley de Coordinación Intercultural de la Justicia. Law on Jurisdictional Delimitation/Ley de Deslinde Jurisdiccional Law. / (Popular Participation Law), Ley de Participación Popular, enacted Law No/ (Jurisdictional Law), Ley de Deslinde Jurisdiccional, enacted.
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Guatemala, Judgment of November 26,para. An important starting point is ascertaining and validating the jurisdictional powers that indigenous peoples already exercise de facto. I consider that indigenous peoples’ efforts in these areas offer great contributions to national debates and discussions on matters relating to security, justice administration and good jurisdicciona.
Article 4 of the Declaration specifies that “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate.
Regarding the recognition of indigenous normative and juridical systems, some states have recognized indigenous community police, indigenous courts and other forms of conflict resolution systems. The National Criminal Procedure Code provides that in cases dealing with crimes affecting the legal interests of an indigenous person or people, and where the parties accept the jurizdiccional provided by the community’s normative system, then federal criminal criminal action would cease, except when it affects the dignity of persons and the rights of women and children.
Recommendations for further action in the promotion of indigenous justice systems The recommendations in my report emphasize the need to promote and strengthen indigenous autonomy, self-government and juridical systems. At the same time, it would be important to encourage the participation of indigenous elders and traditional cultural authorities as experts, in addition to academics. These review bodies would need to contribute constructively to the respect and strengthening of indigenous jurisdictional powers.
This can be a useful practice to facilitate an intercultural dialogue which should be expanded in further debates and cases related to indigenous juridical systems. As detailed in my report, legal and institutional reforms need to be implemented to better respond to the needs indigenous peoples have in obtaining justice for violations of their rights to lands and territories, to be consulted regarding measures and activities affecting them, as well as for acts of violence, threats and intimidation that they face.
On the other hand, indigenous peoples throughout Mexico have developed numerous proposals to promote their autonomy, self-determination and justice administration, especially where federal and state responses have been inefficient or non-existent. I took note of programs by institutions like the National Commission of Human Rights CNDH and the Federal Public Defense Institute to promote due process rights through the provision of indigenous language speaking interpreters and attorneys, specialized public defenders, anthropological expert reports, and for the prerelease of indigenous defendants in pretrial detention.
These different actions taken by indigenous peoples have contributed to the reduction of crime at the local level.
Challenges in exercising indigenous justice systems, self-government and self-determination 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.
As Special Rapporteur on the Rights of Indigenous Peoples, I am tasked to look into the obstacles, challenges, barriers and good practices of States in protecting, respecting and fulfilling the rights of indigenous peoples. 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.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
This is aggravated by the presence of organized crime in indigenous territories and the overall situation of impunity afflicting the country. This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities. I want drslinde give my respect to the indigenous peoples of this country whose right to access to justice is the subject of discussion in this seminar.
When there are legitimate concerns about oey observance of human rights in a decision made by an indigenous authority or about the suitability of indigenous jurisdiction for a particular matter, specialized review bodies could be devised in addition to domestic courts.
Bolivia aprobó una peligrosa ley de justicia indígena
My mission had the two-fold purpose of deslined 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.
As article 4 of the Declaration states, indigenous peoples have the right to ways and means for financing their autonomous functions.
Paraguay, Jurisdccional of June 17,para. These international standards should guide the necessary processes of intercultural dialogue between indigenous and national justice authorities in order to devise ways of collaboration and coordination in areas of mutual interest, including security, justice administration, leg and the fight against impunity. 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.
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. 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.
Delays in the resolution of land cases before agrarian tribunals have led to prolonged and often violent inter and intra communal conflicts.
This would be a way for State authorities to learn about indigenous cultures, languages, customs, laws and procedures in order to prevent prejudicial attitudes against indigenous systems of justice. 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 0773 of environmental and health damages.
Jurisdiccipnal exchanges could also help promote further knowledge of international human rights standards by both types of authorities. Jurisdiccionl countries in and outside of the Latin American region have developed legislation or jurisprudence seeking to establish parameters of coordination between the two systems of justice following constitutional or legislative recognition of indigenous jurisdiction and juridical systems.
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.
An important avenue to guarantee jhrisdiccional to justice for indigenous peoples is the recognition and promotion of their own juridical systems.
International human rights treaties and instruments ratified and jurlsdiccional by Mexico affirm the obligation of States to guarantee the ability of indigenous peoples to access justice within the national legal system.
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 jurisdicdional face in obtaining justice and reparations for violations of their human rights. For example, I was informed that there were only 25 bilingual public defenders operating nationally.
International human rights perspectives on access to justice for indigenous peoples in Mexico
Regarding indigenous peoples’ right to judicial protection, the Inter-American Court has stated that States must take into account indigenous jurisdkccional “specificities, their economic and social characteristics, as well as their situation of special vulnerability, their customary law, values and customs.
Promoting an intercultural understanding of human rights. In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice. Nevertheless, there is no comprehensive national mechanism for coordination or interface between indigenous and ordinary jurisdictions. However, this procedure may be very costly for indigenous peoples. I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women.
Among the main human deslidne concerns identified by indigenous peoples were issues related to access to justice, self-determination and lej in the context of a grave situation of violence, impunity and criminalization.
These are also important elements to enable indigenous peoples’ access to justice.