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Financialization of housing and the right to adequate housing 2017, para. 54
- Paragraph text
- Claims have recently been brought against the Dominican Republic and Panama, for example, on the basis that government decisions to cancel planned luxury developments in order to protect indigenous territories or environmental resources violated investors' rights under bilateral investment treaties. The Government of Mauritius is currently being taken to arbitration by a group of property development companies from the United Kingdom that invested in luxury real estate developments in Mauritius and are now seeking damages for a decision on the part of the Government to change its planning policy to restrict such developments.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 76
- Paragraph text
- The Special Rapporteur often came across gaps between the ambitious policies, legislation, action plans and programmes on minorities, on the one hand, and the lack of mechanisms in place to actually carry them out or monitor their implementation, on the other. She is concerned that during her tenure, several countries had difficulties in identifying the most relevant governmental departments in charge of minorities and even when they did so, their capacities in terms of staff, budget and authority often did not meet the necessary minimum standards to provide effective attention to and protection of minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 78
- Paragraph text
- The national dimension of the institutional attention to minority issues must be complemented and reinforced by solid regional and international mechanisms tasked to promote domestication of minority rights, as well as the protection and promotion of minority standards regionally and internationally. In this regard, the Special Rapporteur recognizes several existing good practices, such as the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe and various dedicated mechanisms of the Council of Europe, while also noting the need for further strengthening regional mechanisms. For instance, there are no specialized mechanisms on minorities within the African Commission on Human and Peoples' Rights, the Economic Community of West African States or the Association of Southeast Asian Nations. The Special Rapporteur began a dialogue, encouraging the creation of focal points on minorities within regional mechanisms as a starting point, and urged that consideration be given to the possible extension of the mandates of relevant existing bodies.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 82
- Paragraph text
- As part of its crucial role on minority issues, it is imperative that the United Nations take a stronger stance in advocating for minority rights protection at both national and regional levels, to ensure that States strengthen their legal, policy and institutional frameworks and that regional anti-discrimination and minority rights standards and mechanisms are put in place for the protection and promotion of minority rights, respectively. Equally, the Organization should consider strengthening existing mechanisms and platforms for minorities within the United Nations system, including the Forum on Minority Issues, by providing additional resources. Furthermore, the establishment of a committee to monitor the implementation of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 is long overdue and would assist Member States in complying with their obligations under the Convention.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 85
- Paragraph text
- The Forum on Minority Issues, which replaced the Working Group on Minorities, was established in 2007 by the Human Rights Council in resolution 6/15 and reaffirmed in 2012 by resolution 19/23. It is mandated to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities, as well as to provide thematic contributions and expertise to the work of the Special Rapporteur on minority issues. The Special Rapporteur is tasked with guiding the work of the Forum, preparing its annual meetings and reporting on the thematic recommendations of the Forum to the Council. The Forum meets annually in Geneva for two working days, allocated to thematic discussions. An average of more than 500 participants attend the Forum, including minorities, Member States, United Nations mechanisms, regional intergovernmental bodies and NGOs.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 89
- Paragraph text
- It will be important in the future to consider bringing the Forum on Minority Issues into the various regions so members of minorities and NGOs who cannot afford to travel to Geneva will be able to contribute to the Forum's deliberations in their respective localities. It would also be desirable to extend the session for longer than two days so more participants could take the floor and the discussions could go deeper into the heart of the recommendations. Other challenges include the limited awareness of the Forum at regional and local levels and the lack of capacity to follow up on the implementation of its recommendations. Furthermore, it will be important to foster the ownership of the Forum's agenda by minorities themselves, to encourage focused and constructive participation of States and minority representatives, to strengthen the engagement of other United Nations bodies in the Forum and to promote a more interactive dialogue and discussion during its sessions.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 100
- Paragraph text
- The Special Rapporteur has repeatedly emphasized that the collection and statistical analysis of disaggregated data on minorities are crucial to obtain important baseline information on the actual situation and status of minority communities. Such data would allow for adequate policy responses to minority issues, including the establishment and monitoring of targeted actions and programmes to prevent and address poverty, exclusion and discrimination. The Special Rapporteur urges States to collect data disaggregated on the basis of, inter alia, gender, ethnicity, language and religious affiliation. Individuals should be able to self-identify and express multiple identities. Data collection should be periodic and comply with international standards of privacy and personal data protection.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 50
- Paragraph text
- Finally, independent national human rights institutions have a critical role to play with regard to promoting and monitoring national laws and policies, their harmonization with international human rights standards, including the Declaration, and State compliance. Some independent national human rights institutions have incorporated indigenous members, or sections on indigenous issues, have developed good monitoring practices, and have promoted dialogue on the rights of indigenous peoples in their countries. Countries where independent national human rights institutions have promoted the rights of indigenous peoples include Colombia, Guatemala, Peru, Australia, Indonesia, Malaysia, Nepal, New Zealand, the Philippines, Kenya, Namibia and the United Republic of Tanzania.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 52
- Paragraph text
- The Declaration contains a set of collective rights that are fundamental for the survival of indigenous peoples as distinct peoples, as underlined by international, regional and national law and jurisprudence. These are their right to self-determination and the related rights over their lands, territories and natural resources, on which the enjoyment of the whole panoply of their human rights depends. The Declaration states the “urgent need” to respect and promote the inherent rights of indigenous peoples, “especially their rights to their lands, territories and resources”. Therefore, it is a serious concern that the most common complaints brought to the attention of the Special Rapporteur are precisely violations of indigenous peoples’ collective rights to their lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 64
- Paragraph text
- In response, the mandate holder has provided detailed comments and recommendations to help to clarify and implement these standards in general and specific cases, including on “consultation on consultation” processes to decide on the measures that could be best suited to ensuring respect for fundamental rights in accordance with international human rights standards, particularly the Declaration. Advice has been provided through participation in meetings and seminars, communications, visits and reports, including on legal standards applicable to projects and activities that affect indigenous peoples’ lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Adequacy of the international legal framework on violence against women 2017, para. 29
- Paragraph text
- Civil society organizations also claimed that the current framework failed to address violence against women in specific contexts such as violence against women in conflict; situations of “invisible violence”, namely economic violence and psychological violence against, for instance, women belonging to minority groups; and the specific experiences of children exposed to violence against women. They also pointed out that, among the substantive issues that were missing in the current legal framework, there was the need to create an intersectionality of approach, including the initiatives by the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights, the Human Rights Council and the Committee on the Elimination of Racial Discrimination.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 104
- Paragraph text
- The Special Rapporteur particularly encourages OHCHR to launch an awareness-raising and action campaign, including through the United Nations network on racial discrimination and the protection of minorities, on the occasion of the two anniversaries. Such a campaign should advocate for better mainstreaming of minority rights across United Nations departments and agencies and could highlight the most important emerging issues and best practices to assist Member States in strengthening their minority rights protection efforts.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 46
- Paragraph text
- States parties should ensure that indigenous peoples have access to effective remedies, both judicial and non-judicial, for all infringements of their individual and collective rights. These remedies should be sensitive to indigenous cultures and accessible to indigenous peoples.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 68
- Paragraph text
- Further participation and involvement of indigenous peoples in the work of these bodies and procedures would help to increase awareness of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 21
- Original document
- Paragraph text
- The Expert Mechanism on the Rights of Indigenous Peoples of the Human Rights Council undertook a survey of implementation through questionnaires addressed to Member States and indigenous peoples in 2014. In the report summarizing their replies on best practices regarding measures and implementation strategies to attain the goals of the Declaration it is pointed out that the information provided only allowed for a limited assessment of its implementation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 10
- Original document
- Paragraph text
- The preamble to the Declaration underlines fundamental aims and principles which should guide its interpretation and implementation: the need to overcome and repair the historical denial of the fundamental human rights of indigenous peoples, and the affirmation of the equality of indigenous peoples and individuals to all other peoples and individuals, paired with their right to be different. The Declaration itself can be considered a remedial tool.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 15
- Original document
- Paragraph text
- Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 28
- Paragraph text
- Discussions on recognition of indigenous peoples and their rights in the Constitution are ongoing and at the federal level in Australia, Chile and Guatemala. In February 2017, the Special Rapporteur together with other special procedures mandate holders wrote to the Government of Guatemala urging it, in the context of the ongoing parliamentary debate, to support amendments to the Constitution which would recognize the indigenous justice system.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 29
- Paragraph text
- Within the Commonwealth of Australia, each of the six States already have Constitutions that recognize Aboriginal peoples and the Queensland Constitution specifically recognizes Torres Strait Islander peoples as well. The Constitution of Mexico City, adopted in February 2017, refers to the rights of indigenous peoples within an urban setting, explicitly mentions the Declaration and adopts it as its legal framework.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 12
- Original document
- Paragraph text
- Furthermore, the Declaration is an instrument aimed at ending the pervasive racism and discrimination still suffered by indigenous peoples in the enjoyment of their human rights. Racism and discrimination are prevalent mindsets and attitudes that prevent the establishment of equal relationships between indigenous peoples and States, and with the society at large.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 80
- Paragraph text
- In view of the current state of affairs, with increasing hate speech, xenophobic rhetoric and incitement to hatred against minorities, coupled with the rise of far-right and extremist political parties worldwide, the Special Rapporteur believes that it is crucial to appoint a high-level official on minority issues within the Secretariat and to establish senior positions within United Nations departments and agencies dedicated solely to issues of minority rights protection, diversity management and safeguarding pluralistic societies. The designation of minority focal points in all United Nations field offices would also be a great step forward.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 81
- Paragraph text
- The Special Rapporteur also believes that United Nations staff in all offices and entities, particularly in the field, should better reflect the national, ethnic and religious makeup of the societies in which they operate. Staff members from minority groups not only bring expertise on the issues affecting minorities to the work of the United Nations, but also serve as a bridge between United Nations and minority communities. The Special Rapporteur was pleased to identify good practices in this regard. In 2012, the United Nations country team in the Republic of Moldova conducted an internal survey to assess the diversity of its staff and launched an internship programme for persons belonging to the identified underrepresented groups, including persons with disabilities, Afro-descendants and Roma. The Special Rapporteur strongly encourages the replication of this initiative in other United Nations offices.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 103
- Paragraph text
- Next year also marks the tenth anniversary of the creation of the Forum on Minority Issues. This will provide a unique opportunity to discuss how to strengthen and support the functioning of this unique and global platform to facilitate dialogue and address relevant issues pertaining to minorities. The Forum should be provided with the necessary resources to fully implement its mandate. The Special Rapporteur encourages consideration to be given to raising the Forum's profile at the regional and international levels, following up the implementation of its recommendations, fostering ownership of the Forum's agenda by minorities and promoting a more interactive dialogue and discussions during the Forum's sessions.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 97
- Paragraph text
- The bottom-up approach of the practice, which was developed at the impetus of women’s organizations — while demonstrative of the innovative means used by the community to address the structural reality of the situation of violence and discrimination in which they live — has raised the question as to why grave and well-documented human rights violations have not been addressed on a systematic or institutional level within the federal police and Government. Political will to support, expand and institutionalize this good practice is required for its replication and sustainability. In all post- and ongoing colonial contexts, the disproportionate and intersectional discrimination faced by indigenous women, often aided and abetted by legal systems, must be systematically addressed by State duty holders.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 14
- Paragraph text
- Discrimination is compounded by other grounds, notably sex, gender, socioeconomic status, race and belonging to ethnic, religious or linguistic minority groups. Indigenous peoples in Canada experience twice the rate of disability as the non-indigenous population and are subjected to intersecting discrimination on the basis of indigeneity, poverty and disability. Criminalization of persons with disabilities, in particular those living in homelessness and those with psychosocial disabilities, is common. A typical pattern for persons with psychosocial disabilities is first to lose their housing, when their needs are not accommodated or when they do not receive adequate financial assistance, then to be criminalized in the context of homelessness and then to be incarcerated. In prison, punitive responses for persons with psychosocial disabilities result in extended isolation, segregation, further deterioration of mental health and an ongoing cycle of homelessness and incarceration.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2017
Paragraph
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. 6
- Original document
- Paragraph text
- On 22 and 23 September 2014, United Nations Member States held a high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, to share perspectives and best practices on the realization of the rights of indigenous peoples, including to pursue the objectives of the Declaration. The conclusions of the meeting, reflected in its outcome document, reiterate the commitment of the United Nations system and its Member States towards achieving the ends of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 49
- Paragraph text
- In other countries, indigenous peoples are developing their own proposals of autonomy in accordance with the Declaration, such as the Autonomous Territorial Government of the Wampis Nation in Peru. In Bolivia, the first autonomous local government took office in the province of Charagua in January 2017. In addition, new institutions have been created, such as the Sami Parliaments in the Nordic countries, the National Congress of Australia’s First Peoples, and numerous indigenous representative organizations. Nevertheless, challenges still remain for the recognition of indigenous peoples’ own institutions and organizations in many countries, including restrictive legalisation and registration processes.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 56
- Paragraph text
- The mandate holder has provided numerous recommendations in country reports and in communications on measures and actions to be adopted to realize indigenous peoples’ land and resources rights. These include the development of an adequate legal framework in accordance with international human rights standards; the establishment of accessible, prompt and effective procedures to process land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; ensuring effective protection from encroachment, including through early warning systems; and the prohibition of forced evictions. National and regional human rights courts have elaborated jurisprudence that provides a solid basis on the ways to realize indigenous peoples’ rights to their lands and resources, including appropriate remedies when those rights have been violated. The lack of compliance with such court decisions remains a concern.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
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. 59
- Paragraph text
- Without consideration of these potential barriers, indigenous peoples face violations of due process when they do not understand legal procedures and when courts are inaccessible. Persistent racism, including in the judicial system, is clearly an obstacle to obtaining justice. This is undoubtedly a factor in the concerning overrepresentation of indigenous persons, including women and young people, in jail. Aggressive litigation, particularly by private parties who seek access to indigenous lands and resources, can be used as a way to hinder effective justice or remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2017
Paragraph
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
- Paragraph text
- 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.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph