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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These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. When there are legitimate concerns about the 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. An important avenue to guarantee access to justice for indigenous peoples is the recognition and promotion of their own juridical systems.
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.
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 rights to autonomy and self-government.
Due process would depend on the particular laws and procedures of the indigenous community concerned based on its social and political organization. My mission had the two-fold purpose of assessing the implementation of the recommendations that my predecessor Special Deslunde Rodolfo Stavenhagen made in and to evaluate how Mexico has implemented its international commitments on indigenous peoples’ human rights.
According to Convention on Indigenous and Tribal Peoples, ratified by Mexico inindigenous peoples have the right to “be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of [their] rights.
International human rights perspectives on access to justice for indigenous peoples in Mexico
A decision by the Supreme Court held that the National Commission on Indigenous Peoples could not adjudicate cases where one of the parties involved is not an indigenous person or does not belong to the same ethno-linguistic group as the other party, thus limiting the understanding of indigenous justice. I took note of programs by 07 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.
Regarding indigenous peoples’ right to judicial protection, the Inter-American Court has stated that States must take into account indigenous peoples’ “specificities, their economic and social characteristics, as well as their situation of special vulnerability, their customary law, values and customs.
Challenges in exercising indigenous justice systems, self-government and self-determination. 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. In Mexico, as in other countries, the recognition of indigenous juridical systems would jurisdiccuonal involve the establishment of mechanisms for harmonization and interface with the national or ordinary jurisdiction.
Access to justice also requires the respect and promotion of indigenous peoples’ usages, customs, jurisdicciona, systems, autonomy and self-governance initiatives, also recognized in the abovementioned international instruments.
The information I received indicated problems in the respect of due process rights of indigenous individuals before the criminal justice systems due the shortage of indigenous language interpreters, lawyers, public defenders and justice operators who speak indigenous languages.
State legislation and federal electoral court decisions have reaffirmed the rights of indigenous peoples in states like Oaxaca, Michoacan, Morelos and Guerrero to elect local and municipal authorities according to their usages and customs. Access to justice and indigenous juridical systems under international standards International human rights treaties and instruments ratified and supported by Des,inde affirm the obligation of States to guarantee the ability of indigenous peoples to access justice within the national legal system.
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.
Without accessible courts lwy other legal mechanisms through which they can protect their rights recognized under national and international normative dewlinde, indigenous peoples are vulnerable to actions by others that threaten their lands, natural resources, cultures, sacred sites or economic livelihoods.
Any conflicts in the application of these principles call for the establishment of procedures to resolve said conflicts arts. I pointed out the importance of indigenous peoples to continue developing and strengthening their own legal, policy and self-determination initiatives. 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.
Indigenous peoples have also utilized the amparo mechanism brought about by the constitutional reform to seek protection of their rights in the context of megaprojects carried out in their lands veslinde prior consultation. An important starting point is ascertaining and validating the jurisdictional powers that indigenous peoples already exercise de facto.
Efforts at obtaining land recognition can be hindered due to boundary disputes with other communities and private landowners or where agrarian and other authorities or third parties promote natural resource development activities in indigenous territories.
This has presented certain challenges and consequences for indigenous justice systems. Therefore, avenues of dialogue, coordination and collaboration are needed between State authorities and indigenous autonomous institutions such as community police, indigenous courts, good governance councils and autonomous municipalities in areas of mutual interest. This needs to addressed through actions by the Supreme Court and other relevant tribunals to step up existing mechanisms to ensure enforcement of those judgments.
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 jursidiccional.
Indigenous peoples could also be informed about the functions and procedures of the ordinary justice system. Article 4 of the Declaration specifies that “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or jurisdicciomal in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Bolivia aprobó una peligrosa ley de justicia indígena
The matters in which indigenous jurisdiction was deemed not to reach included, inter alia, crimes against international law; crimes against humanity; crimes against internal and external security of the State; terrorism; drug-trafficking; trafficking of persons; deslinfe against children; rape and homicide; and matters dealing with labor, mining, oil and gas, and forestry laws.
Promoting an intercultural understanding of human rights. The Court considered there to be an “intercultural consensus” on the minimum human rights requirements that indigenous authorities were to respect in their decisions. I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women.
I consider that these are important programs that need to be continued and strengthened.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities. Delays in the resolution of land cases before agrarian tribunals have led to prolonged and often dselinde inter and intra communal conflicts.
In this regard, there needs to be a dynamic and intercultural understanding that takes into account the diverse manifestations of human rights.
Guatemala, Judgment of November 26,para. However, this procedure may be very costly for indigenous peoples. In my presentation, I will begin by providing an overview of international human rights standards related to indigenous peoples’ access to justice and their own leg systems. For example, I was informed that there were only 25 bilingual public defenders operating nationally. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means” art.
These different actions taken by indigenous peoples lye contributed to the reduction of crime at the local level. Paraguay, Judgment of March 29,paras. Convention also emphasizes that in situations where members of indigenous peoples face criminal penalties under general law, “account shall be taken of their economic, social and cultural characteristics” and methods of punishment other than prison shall be given preference art.
As my final visit report states, indigenous peoples face great challenges in the exercise of human rights.