Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 61
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The maintenance of indigenous peoples’ own customary legal institutions and norms is an essential aspect of their right to self-determination. Indigenous jurisdictional functions have been recognized at the national level in several countries. Nevertheless, in spite of increasing recognition of the value of customary law and indigenous justice systems, and certain steps taken towards legal pluralism, implementation of indigenous jurisdiction is still contested. Much more needs to be done in terms of both recognition and harmonization with the national justice systems. An intercultural dialogue and understanding between State and indigenous justice authorities is vital, taking into account indigenous good practices.
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Non-negotiated soft law
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Special Rapporteur on the rights of indigenous peoples