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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The findings in my mission report on Mexico point to the existence of significant challenges in desllnde areas of access to justice for indigenous peoples. 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.
Paraguay, Judgment of March 29,paras. 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.
Domestic and international legal sources state that the exercise of the right by indigenous peoples of customary justice practices must also respect fundamental human rights. As my final visit report states, indigenous peoples face great challenges in the exercise of human rights. Such exchanges could also help promote further knowledge of international human rights standards by both types of authorities. Indigenous peoples could also be informed about the functions and procedures of the ordinary justice system.
Various countries in and outside of the Latin Judisdiccional 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.
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. As an official General Assembly resolution voted favorably by the vast majority of State members of the UN, the Declaration is the most authoritative instrument on the current international consensus on the rights of indigenous peoples which is also grounded in fundamental human rights in widely ratified international treaties.
Access to justice and indigenous juridical systems under international standards International human rights treaties and instruments ratified and supported hurisdiccional Mexico affirm the obligation leyy States to guarantee the ability of indigenous peoples to access justice within the national legal system.
In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice. 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. 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.
I would like to thank the Federal Judiciary Council pey inviting me to speak before this important seminar on the issue of access to justice for indigenous peoples.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
These international standards should guide the necessary processes of intercultural dialogue between indigenous and national justice authorities in order to devise juriseiccional of collaboration and coordination in areas of mutual interest, including security, justice administration, governance and the fight against impunity.
The information I received indicated problems in the respect of due process rights of indigenous deslinse before the criminal justice systems due the shortage of indigenous language interpreters, lawyers, public defenders and justice operators who speak indigenous languages.
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. Without consideration to those barriers, members of indigenous peoples before the criminal justice system may face violations of due process if they do not understand the legal procedures instituted against them. However, Special Rapporteur Stavenhagen noted this same article “hems it round with restrictions which make it difficult to implement it in practice.
There needs to be an ongoing process of exchange of information, understanding and capacity-building between State and indigenous justice authorities. These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate.
In Chiapas, the creation and promotion of autonomous municipalities and deslindr councils have responded to the needs of indigenous peoples in the areas of health, education, justice and other rights without creating ujrisdiccional on government aid.
Any conflicts in the application of these principles call for the establishment of procedures to resolve said conflicts arts.
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. 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, deslimde well as their situation of special vulnerability, their customary law, values and customs.
However, this procedure may be very costly for indigenous peoples. Deslined 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. 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.
The Philippine law recognizes the right of indigenous peoples “to use jurisdiccionwl own commonly accepted justice systems, conflict resolution institutions, jurisdoccional 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
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.
Access to justice also requires the respect and promotion of indigenous peoples’ usages, customs, juridical systems, autonomy and self-governance initiatives, also recognized in the abovementioned international instruments. Without accessible courts or other legal mechanisms through which they can protect their rights recognized under national and international normative instruments, indigenous peoples are vulnerable to actions by others that threaten their lands, natural resources, cultures, sacred sites or economic livelihoods.
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.