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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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. Indigenous peoples have also 0073 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.
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 hurisdiccional legitimate defense of their rights. Guatemala, Judgment of November 26,para. As article 4 of the Declaration states, indigenous peoples have the right to ways and means for financing their autonomous functions. 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 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. 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 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.
This would also include crimes committed by police and military agents against indigenous civilians, which must be brought before civilian jurisdictions. 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 jurisdiccionnal indigenous peoples to access justice within the national legal system.
Numerous cases were submitted to me seslinde that these procedures are neither simple or accessible and could involve lengthy proceedings. Paraguay, Judgment of March 29,paras. It was in the context of this mandate that I was invited by the Jurisdicccional of Mexico to undertake an official country mission from 8 to 17 November 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 related rights to autonomy and self-government.
For indigenous peoples, there continue to be economic, cultural, language and geographic barriers along with racism and discrimination that limit indigenous peoples’ ability to defend their rights before the national legal system. 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. These different actions taken by indigenous peoples have contributed to the reduction of crime at the local level.
This includes Indigenous community-based police in Guerrero and Michoacan. Dear ladies and gentlemen present here today.
International human rights perspectives on access to justice for indigenous peoples in Mexico
As Special Rapporteur on the Rights of Indigenous Peoples, I am tasked to look into the obstacles, challenges, barriers and good practices of States in protecting, jurisxiccional and fulfilling the rights of indigenous peoples. 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 murisdiccional in addition to domestic courts.
Results can also be limited when lands that are recognized through these procedures do not correspond with their own traditional boundaries and concepts of territory. As an official General Assembly resolution voted favorably jurisdiccioanl 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 jurisdicckonal in widely ratified international treaties.
Nevertheless, there is no comprehensive national mechanism for coordination or interface between indigenous and ordinary jurisdictions. Therefore, avenues of dialogue, coordination and collaboration are needed between State authorities and indigenous autonomous institutions dewlinde as community police, indigenous courts, good governance councils and autonomous municipalities in areas of mutual interest.
As my final visit report states, indigenous peoples face great challenges in the exercise of human rights. It also presents limits for indigenous individuals, communities and peoples seeking to assert their rights in national legal systems. On the other hand, indigenous peoples throughout Mexico have developed numerous proposals to promote their autonomy, self-determination and justice administration, especially where federal and state responses have been inefficient or non-existent.
Bolivia aprobó una peligrosa ley de justicia indígena
Challenges in exercising indigenous justice systems, self-government 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.
These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. Regarding indigenous peoples’ right to judicial protection, the Inter-American Court has stated that States must take into account indigenous peoples’ “specificities, their economic and social characteristics, as well as their situation of special vulnerability, their customary law, values and customs.
An important starting point is ascertaining and validating the jurisdictional powers that indigenous peoples already exercise de facto.
This has presented certain challenges and consequences for indigenous justice systems. 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. While the National Commission is not an indigenous justice system, as it is the government machinery mandated to implement the Indigenous Peoples’ Rights Act, limiting its quasi-judicial powers will have implications on how indigenous justice systems are recognized and utilized.
In this regard, there needs to be a dynamic and intercultural understanding that takes into account the diverse manifestations of human rights. 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.
I consider that veslinde are important programs that need to be continued and strengthened. Inicio Declaraciones International human rights perspectives on access to justice for indigenous peoples in Mexico. However, Special Rapporteur Stavenhagen noted this same article “hems it round with restrictions which jurisdicvional it difficult to implement it in practice.
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.
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. 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.