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.
|Published (Last):||12 December 2015|
|PDF File Size:||10.27 Mb|
|ePub File Size:||6.53 Mb|
|Price:||Free* [*Free Regsitration Required]|
In Mexico, as in other countries, the recognition of indigenous juridical systems would also involve lye establishment of mechanisms for harmonization and interface with the national or ordinary jurisdiction.
This is aggravated by the presence of organized crime in indigenous territories and the overall situation of impunity afflicting the country. Article 4 of the Declaration specifies that “Indigenous jufisdiccional, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
According to official information received from authorities, impunity in the country is nearly absolute. In my country, the Philippines, indigenous peoples’ 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 deslindr law on indigenous peoples. 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.
It also presents limits for indigenous individuals, communities and peoples seeking to assert their rights in national legal systems. Regarding the recognition of indigenous normative and juridical systems, some states have recognized indigenous community police, indigenous courts and other forms of conflict resolution systems.
Secondly, I will provide an overview of the deslindee made after my official visit to Mexico regarding access to justice, indigenous systems of justice 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. Such exchanges could also help promote further knowledge of international human rights standards by both types of authorities.
These 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.
Recommendations for further action in the promotion of indigenous justice systems. Paraguay, Judgment of June 17,para. In my presentation, I will begin by juriisdiccional an overview of international human rights standards related to indigenous peoples’ access to justice and their own juridical systems. Indigenous peoples have also utilized the amparo mechanism brought about by the constitutional reform to seek protection of their rights in the context of megaprojects carried out in their lands without prior consultation.
Challenges in access to the national justice system. Numerous cases were submitted to me indicating that these procedures are neither simple or accessible and could involve lengthy proceedings.
The lack of implementation of various judgments favorable to indigenous peoples has also undermined the effectiveness of the national justice system. Due process would depend on the particular laws and procedures of the indigenous community concerned based on its social and political organization.
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. The recommendations in my report emphasize the need to promote and strengthen indigenous autonomy, self-government and juridical systems.
Dear ladies and gentlemen present here today. These are the right to life, the prohibition against slavery and torture, and the right to due process. These review bodies would need to contribute constructively to the respect and strengthening of indigenous jurisdictional powers.
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. The above international sources reflect the need for States to address disadvantages indigenous peoples face due to language, cultural, economic and other barriers within national legal systems.
According to Convention on Indigenous and Tribal Peoples, ratified by Mexico inindigenous peoples have the right to “be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of [their] rights. 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.
I want to give my respect to the indigenous peoples of this country whose right to access to justice is the subject of discussion in this seminar. Challenges in exercising indigenous justice systems, self-government and self-determination. In Colombia, the Constitutional Court has used cultural expert testimonies peritajes culturales in cases before them in order to understand a particular indigenous people’s own precepts of justice, due process and the meaning of sanctions imposed.
Delays in the resolution of land cases before agrarian tribunals have led to prolonged and often violent inter and intra communal conflicts. I took note of programs by institutions like the National Commission of Human Rights CNDH and the Federal Public Defense Institute to promote due process rights through the provision of indigenous language speaking interpreters and attorneys, specialized public defenders, anthropological expert reports, and for the prerelease of indigenous defendants in pretrial detention.
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.
Bolivia aprobó una peligrosa ley de justicia indígena
The Court considered there to be an “intercultural consensus” on the minimum human rights requirements that indigenous authorities were to respect in their decisions. 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.
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. 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.
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.
This includes challenges in obtaining justice and reparations for human rights violations through the national justice systems, as well as exercising their rights to their own systems of justice and jurisdiccionxl rights to autonomy and self-government. Challenges in exercising indigenous justice jurusdiccional, self-government and self-determination Article 2 of the Mexican Constitution makes an important recognition of indigenous peoples’ rights to autonomy and jurlsdiccional, 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.
These different actions taken by indigenous peoples have contributed to the reduction of crime at the local level. Any conflicts in the application of these principles call for the establishment of procedures to resolve said conflicts arts.
Said legal and institutional reforms need to incorporate jurlsdiccional international human rights standards on the rights of indigenous peoples mentioned in this presentation. Various countries in and outside of the Latin American 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.
These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities. I consider that these are important programs that need to be continued and strengthened. 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.