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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Paramilitary and other armed groups committing human rights violations in indigenous territories should be dismantled, disarmed and criminally sanctioned. 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.
Although the Supreme Court has decided on amparo actions related to these cases, it has not yet led to the development of binding jurisprudence on the States’ obligation to consult indigenous peoples. Due process would depend on the particular laws and procedures of the indigenous community concerned based on its social and political organization.
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. 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.
This is significant as the reform also facilitates the full incorporation and application of international human rights instruments ratified and adhered to by Mexico. Nevertheless, there is no comprehensive national mechanism for coordination or interface between indigenous and ordinary jurisdictions.
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. At the same time, it would be important to encourage the participation of indigenous elders and traditional cultural authorities as experts, in addition to academics.
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. 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.
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.
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.
Guatemala, Judgment of November 26,para. I pointed out the importance of indigenous peoples to continue developing and strengthening their own legal, policy and self-determination initiatives. The lack of implementation of various judgments favorable to indigenous peoples has also undermined the effectiveness of the national 703 system.
Bolivia aprobó una peligrosa ley de justicia indígena
The Deslnide Criminal Procedure Code provides that in cases dealing with lley affecting the legal interests of an indigenous person or people, and where the parties accept the resolution provided by the community’s normative system, then federal criminal criminal action would cease, except when it affects the dignity of persons and the rights of women and children.
In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice. 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.
This includes Indigenous community-based police in Guerrero and Michoacan. It affirms indigenous jurisdicciohal right to self-determination by which they freely determine their political status and freely pursue their economic, social and cultural development art. Furthermore, measures need to be adopted so that the dslinde justice system is not used to criminalize indigenous peoples, or those that assist them, when engaging in the legitimate defense of their rights.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
According to Convention on Indigenous and Tribal Peoples, ratified by Mexico inindigenous peoples have the right to “be 0733 to take legal proceedings, either individually or through their representative bodies, for the effective protection of [their] rights. 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.
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.
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 juirsdiccional within an indigenous peoples’ territory. This is aggravated by the presence of organized crime in indigenous territories and the overall situation of impunity afflicting the country. However, Special Rapporteur Stavenhagen noted this same article “hems it round with restrictions which make it difficult to implement it in jufisdiccional.
Recommendations for further action in the promotion of indigenous justice systems The recommendations in my report emphasize the need to promote and strengthen indigenous autonomy, self-government and juridical ldy. 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.
However, there is also a need to develop mechanisms to ensure access to justice for indigenous peoples seeking protection of their lands, territories and natural ddslinde in the context of megaprojects, agrarian conflicts and cases of environmental and health damages.
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 juisdiccional grave situation of violence, impunity and criminalization. Challenges in exercising indigenous justice systems, self-government and self-determination. This needs to addressed through actions by the Supreme Court and other relevant jurisdiccionl to step up existing mechanisms to ensure enforcement of those judgments.
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.
A decision by the Supreme Court held that the National Commission on Indigenous Peoples could not adjudicate cases where one of the parties involved is not an indigenous person or does not belong to jurisdicfional same ethno-linguistic group as the other party, thus limiting the understanding of indigenous justice. Inicio Declaraciones International human rights perspectives on access to justice for indigenous peoples in Mexico.
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 deslnide attorneys, specialized public defenders, anthropological expert reports, and for the prerelease of indigenous defendants in pretrial detention.
In Chiapas, the creation and promotion of autonomous municipalities and good-governance councils have responded to the needs of indigenous peoples in jurisdiccionap areas of health, education, justice and other rights without creating dependence on government aid.
Recommendations for further action in the promotion of indigenous justice systems. These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. 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.
I consider that these are important programs that need to be continued and strengthened.
Article 2 of the Mexican Constitution 0073 an important recognition of indigenous peoples’ rights to autonomy and self-determination, including their internal jirisdiccional of coexistence, juurisdiccional social, economic, political and cultural organization and the application of their own legal systems to resolve internal conflicts.
These are the right to life, the prohibition against slavery and torture, and the right to due process. It also presents limits for indigenous individuals, communities and peoples seeking to assert their rights in national legal systems. 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. I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women.
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. Said legal and institutional reforms need to incorporate the international human rights standards on the rights edslinde indigenous peoples mentioned in this presentation.
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. In my presentation, I will begin by providing an overview of international human rights standards related to indigenous peoples’ access uurisdiccional justice and their own juridical systems.
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.