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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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. Article 2 of the Mexican Constitution makes an important recognition of indigenous peoples’ rights to autonomy and dselinde, 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.
It affirms indigenous peoples’ right to self-determination by which they freely determine their political status and freely pursue their economic, social and cultural juridsiccional art. 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.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
As my final visit report states, indigenous peoples face great challenges in the exercise of human rights. 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. Among the main human rights concerns identified by indigenous peoples were issues related to access to justice, self-determination and autonomy in the context of a grave situation of violence, impunity and criminalization.
I consider that indigenous peoples’ efforts in these areas offer great contributions to national debates and discussions on matters relating to security, justice administration and good governance.
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. This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities.
This includes Indigenous community-based police in Guerrero and Michoacan.
The recommendations in my report emphasize the need to promote and strengthen indigenous autonomy, self-government and juridical systems. 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.
In Colombia, the Constitutional Court has used cultural expert testimonies peritajes culturales in cases before lwy in order to understand a particular indigenous people’s own precepts of justice, due process and the meaning of sanctions imposed. This is aggravated by the presence of organized crime in indigenous territories and the overall situation of impunity afflicting the country.
The Court considered there to be an “intercultural consensus” on the minimum human rights requirements that indigenous authorities were to respect in their decisions. There needs to be an ongoing process of exchange of information, understanding and capacity-building between State and indigenous justice authorities. 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.
At the same time, it would be important to encourage the participation deslinnde indigenous elders and traditional cultural authorities as experts, in addition to academics.
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. 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.
Bolivia aprobó una peligrosa ley de justicia indígena
According to official information received from authorities, impunity in jhrisdiccional country is nearly absolute. It was in the context of this mandate that I was invited by the Government of Mexico to undertake an official country mission from 8 to 17 November Access to justice also requires the respect and promotion of indigenous peoples’ hurisdiccional, customs, juridical systems, autonomy and self-governance initiatives, also recognized in the abovementioned international instruments.
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.
I pointed out the importance of indigenous peoples to continue developing and strengthening their own legal, policy and self-determination initiatives. 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.
There should not be predetermined assumptions that indigenous jurisdictional functions have to be limited to only minor infractions, that it should only apply to members of the same community or people, or to only cases occurring within an indigenous peoples’ territory.
This is significant as the reform also facilitates the full incorporation and application of international human rights instruments ratified and adhered to by Mexico. 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.
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.
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 according to their own traditions.
This would also include crimes committed by police and military agents against indigenous civilians, which must be brought before civilian jurisdictions.
International human rights perspectives on access to justice for indigenous peoples in Mexico
Coordination between indigenous and national justice system In Mexico, as in other countries, the recognition of indigenous juridical systems would also involve the establishment of mechanisms for harmonization and interface with the national or ordinary jurisdiction. 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.
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. The lack of implementation of various judgments favorable to indigenous peoples has also undermined the effectiveness of the national justice system.
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.
Dear ladies and gentlemen present here today.