Objectives

Human rights standards enshrine Indigenous Peoples’ right to equality before the law, as well as the right to maintain, strengthen, revitalize, and use their own justice systems as a facet of the right to self-determination. As the Special Rapporteur on the Rights of Indigenous Peoples has explained, “Access to ordinary justice continues to be severely limited for indigenous peoples” (A/HRC/42/37). At the same time, despite the valuable contributions of Indigenous justice mechanisms in resolving disputes and realizing rights, the recognition of Indigenous Peoples’ traditional justice systems and customary laws remains limited. In response to these issues, the Special Rapporteur’s forthcoming report will examine both good practices and remaining challenges to the recognition of Indigenous Peoples’ justice systems.

Submissions will help inform the Special Rapporteur’s views and understanding of the issues. The report will include relevant and achievable recommendations for Member States and other stakeholders and will be made available on her website and other channels.

Key questions and types of input/comments sought

All submissions are welcome and the topics below are not exhaustive. However, the Special Rapporteur would be grateful for comments that address one or more of the following topics. She is particularly eager to receive submissions that take an intersectional, gender-sensitive, and decolonial approach.

State recognition of Indigenous justice mechanisms

1. Does the national justice system in your State, or in the State(s) or regions in which you work, recognize the existence, autonomy and jurisprudence of Indigenous justice mechanisms? If so, what are the constitutional, statutory, and institutional legal frameworks governing the autonomy of such systems and how are they implemented?
2. Are there any restrictions in place concerning Indigenous justice systems? For example, are there jurisdictional, territorial, subject-matter, or other restrictions on Indigenous justice systems? What is the impact on Indigenous rights, including on women’s and land defenders’ rights, of such restrictions?
3. What rules or frameworks, if any, govern the relationship between ordinary and Indigenous justice systems? What methods of harmonization, cooperation, and/or coordination exist between the two systems?
4. Are the decisions by Indigenous justice systems subject to appeals in, and review by, the ordinary justice system?
5. Does the legal system of your country give equivalence or “exequatur” to a decision or judgment emanating from Indigenous jurisdictions?
6. Are there areas in your State that are of the exclusive jurisdiction of Indigenous jurisdictions such as family law or personal status law more generally?
7. In the event of a conflict of laws between national laws and Indigenous laws, can the latter be invoked as lex cause or designated law?
8. What measures are in place to strengthen cooperation and coordination between the ordinary and Indigenous justice systems? Is there any joint entity consisting of both ordinary and Indigenous justice representatives?
9. How is it ensured that the accused are not tried in both the customary and ordinary justice system (double jeopardy)?
10. What financial and technical assistance is provided by the State to the administration of Indigenous justice systems?
11. What mechanisms exist to ensure respect for international human rights standards, in particular those related to the rights of women, children, persons with disabilities and LGBT persons, in Indigenous justice systems?

12. Have Indigenous Peoples in your country/State been included in transitional justice processes if there have been any? If yes, what measures and types of reparation have been put in place?

    Indigenous peoples’ access to justice

13. What are the contributions of Indigenous justice systems, including in the areas of access to justice, fulfilment of rights, and equality for all?
14. How does the ordinary justice system ensure access to legal aid and interpretation for Indigenous victims, witnesses, and accused persons, and are Indigenous or non-Indigenous experts called to testify in court proceedings involving Indigenous individuals? Please provide examples.
15. In cases where Indigenous persons face criminal penalties, how are their economic, social, and cultural characteristics considered, and what alternatives to imprisonment are prioritized? Please provide examples.
16. Are Indigenous Peoples overrepresented in pre-trial detention and prisons compared to the non-Indigenous population, and what measures ensure that places of detention respect Indigenous cultural and religious practices, including access to culturally adequate health services? Please provide examples.

How inputs will be used?

Please send your submission via email to hrc-sr-independencejl@un.org by 13 December 2024 at the latest, with the subject: Submission to report on Indigenous Justice. Only submissions sent to this email and received by the deadline will be considered and made public on the mandate’s webpage.

Respondents are requested to limit their contributions, in English, French, or Spanish, to a maximum of 2,500 words. Additional supporting materials, such as reports, academic studies, and other background materials may be linked in the body of the submission or annexed to the submission.

The Special Rapporteur greatly appreciates the effort that goes into making such contributions and looks forward to reading all submissions.

Please feel free to circulate this call for inputs widely in your networks.