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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As my final visit report states, indigenous peoples face great challenges in the exercise of human rights. These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. Challenges in exercising indigenous justice systems, self-government and self-determination. In Mexico, as in other countries, the jurisdiccioanl of indigenous juridical systems would also involve the establishment of mechanisms for harmonization and interface with the national or ordinary jurisdiction.
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.
Said legal and institutional reforms need to incorporate the international human rights standards on the rights of indigenous peoples mentioned in this presentation. In my report, I also pointed to the need for prompt investigation and criminal sanction of persons responsible for threats, aggressions and deaths of indigenous peoples.
Due process would depend on the particular laws and procedures of the indigenous community concerned based on its social and political organization. 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. 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.
The findings in my mission report on Mexico point to the existence of significant challenges in the areas of access to justice for indigenous peoples. International human rights perspectives on access to justice for indigenous peoples in Mexico. Coordination between indigenous and national justice system. I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women.
Guatemala, Judgment of November 26,para. Access to justice and indigenous juridical systems under international standards International human rights treaties and instruments ratified and supported by Mexico affirm the obligation of States to guarantee the ability of indigenous peoples to access justice within the national legal system.
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. Paraguay, Judgment of March 29,paras. International human rights treaties and instruments ratified and supported by Mexico affirm the obligation of States to guarantee the ability of indigenous peoples to access justice within the national legal system.
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.
International human rights perspectives on access to justice for indigenous peoples in Mexico
In my country, the Philippines, indigenous jurisdicciona, rights are recognized in the Constitution and in 10 years before the adoption of the UN Declaration on indigenous peoples it became the fist Asian country to adopt a law on indigenous peoples. 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.
Paramilitary and other armed groups committing human rights jurisduccional in indigenous territories should be dismantled, disarmed and criminally sanctioned.
Promoting an intercultural understanding of human rights. 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. Seslinde Declaraciones International human rights perspectives on access to justice for indigenous peoples in Mexico.
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.
This includes Indigenous community-based police in Guerrero and Michoacan.
According to official information received from authorities, impunity in the country is nearly absolute. The Declaration on the rights of indigenous peoples recognizes indigenous peoples’ own customary legal institutions which are linked to their rights to self-governance and self-determination.
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. 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.
Challenges in access to the national justice system. 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. The Philippine law recognizes the right of indigenous peoples “to use their own commonly accepted justice systems, conflict resolution institutions, peace 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.
I found that access to justice for indigenous peoples using the agrarian legal system could be seriously limited if current international standards on indigenous peoples’ rights to lands, territories, natural resources and other human rights are not adequately incorporated and applied by agrarian authorities. An important starting point is ascertaining and validating the jurisdictional powers that indigenous peoples already exercise de facto.
Jurisdicciona 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, governance and the fight against impunity. This would be a feslinde for State authorities to learn about indigenous cultures, languages, customs, laws and procedures in order to prevent prejudicial attitudes against indigenous systems of justice.
In this regard, there needs to be a dynamic and intercultural understanding that takes into account the diverse manifestations of human rights. Results can also be limited when lands that are recognized through these procedures do not correspond with their own traditional boundaries and concepts of territory.
An intercultural dialogue between indigenous and Jurisdicciknal justice authorities regarding the areas that indigenous justice operators consider they should adjudicate should jufisdiccional promoted with a view to guaranteeing a maximum level of autonomy for the indigenous peoples concerned.
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
The Declaration affirms the right of indigenous peoples to “access to and prompt decision through just and fair procedures for the resolution of jurisdicciona, and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights” and said decisions should consider the customs, traditions and legal systems of indigenous peoples and international human rights art.
This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities.
While the National Commission is not an indigenous justice system, as it is jurisdiccionao government machinery mandated to implement the Jurisdicvional Peoples’ Rights Act, limiting its quasi-judicial powers will have implications on how indigenous justice systems are recognized and utilized.
This is significant as the reform also facilitates the full incorporation and application of international human rights instruments ratified and adhered to by Mexico. Main findings of iurisdiccional 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.
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.
There is considerable variation among the states and at the federal level with respect to the recognition of the rights of indigenous peoples to elect their own authorities jurisdivcional to their own traditions. Efforts at creating mechanisms for interface between indigenous and justice systems need to provide a certain degree of flexibility in addressing the competencies of indigenous jurisdictional authorities. jurisdifcional
Bolivia aprobó una peligrosa ley de justicia indígena
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.
Furthermore, measures need to be adopted so that the criminal justice system is not used to criminalize indigenous peoples, or those that assist them, when engaging in the legitimate defense of their rights.
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.
Paraguay, Judgment of June 17,para.