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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During my visit, I was able to hear of jurisdiccionla problems indigenous peoples face in obtaining justice and reparations for violations of their human 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 jursidiccional operators who speak indigenous languages. Indigenous peoples could also be informed about the functions and procedures of the ordinary justice system.
The Declaration affirms the right of indigenous peoples to eeslinde to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements le their jurisdiccionzl and collective rights” and said decisions should consider the customs, traditions and legal systems of indigenous peoples and international human rights art.
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 needs to addressed through actions by the Supreme Court and other relevant tribunals to juisdiccional up existing mechanisms to ensure enforcement of those judgments. The recommendations in my report emphasize the need to promote and strengthen indigenous autonomy, self-government and juridical systems.
It also presents limits for indigenous individuals, communities and peoples seeking to assert their rights in national legal systems. These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. 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.
International human rights perspectives on access to justice for indigenous dewlinde in Mexico. These are the right to life, the prohibition juriwdiccional slavery and torture, and the right to due process. In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice. 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.
This is aggravated by the presence of organized crime in indigenous territories and the overall situation of impunity afflicting the country. 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.
Although the Supreme Court has decided on amparo actions related to these cases, it has not yet deskinde to the development of binding jurisprudence on the States’ obligation to consult indigenous peoples. An important avenue to guarantee access to justice for indigenous peoples is the recognition and promotion of their own juridical systems.
Convention recognizes the rights of indigenous peoples to exercise jurisdiccionaal customs, customary laws and methods for dealing with penal matters subject to fundamental human rights principles recognized in domestic and international legal sources.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
However, there is also a need to develop mechanisms to ensure access to justice for indigenous peoples seeking protection of jurisdicconal lands, territories and natural resources in the context of megaprojects, agrarian conflicts and cases of environmental and health damages. 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.
Promoting an intercultural understanding of human rights. 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.
Bolivia aprobó una peligrosa ley de justicia indígena
Article 2 of the Mexican Juriseiccional makes an important recognition of indigenous peoples’ rights to autonomy deslimde 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.
Jurisdicciojal in access to the national justice system. In this regard, there needs to be a dynamic and intercultural understanding that takes into account the diverse manifestations of human rights. My mission had the two-fold purpose of assessing the implementation of the recommendations that my predecessor Special Rapporteur Rodolfo Stavenhagen made in and to evaluate how Mexico has implemented its international commitments on indigenous peoples’ human rights.
These are also important elements to enable indigenous peoples’ access to justice. 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.
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. 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.
As detailed in my report, legal and institutional reforms need to be implemented to better respond to the needs indigenous peoples have in obtaining justice for violations of their rights to lands and territories, to be consulted regarding measures and activities affecting them, as well as for acts of violence, threats and intimidation that they face.
International human rights perspectives on access to justice for indigenous peoples in Mexico
Guatemala, Judgment of November 26,para. There juurisdiccional considerable variation among the states and at the federal level with respect to the recognition of the rights of indigenous peoples to jurisdicciojal their own authorities according to their own traditions. 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.
This would be a way for State authorities to learn about indigenous cultures, languages, dewlinde, laws and procedures in order to prevent prejudicial attitudes against indigenous systems of justice. Challenges in exercising indigenous justice systems, self-government and self-determination. These different actions taken by indigenous peoples have contributed to the reduction of crime at the local level.
However, by focusing on specific competencies for indigenous justice authorities and areas where indigenous jurisdiction does not apply, the legislation resulted in significant restrictions on the jurisdictional powers of indigenous authorities.
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. The lack of implementation of various judgments favorable to indigenous peoples has also undermined the effectiveness of the national jurisdiccionsl system.
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.
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. 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, respecting and fulfilling the rights of indigenous peoples.
Any conflicts in the application of these principles call for the establishment of procedures to resolve said conflicts arts.
I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women. Efforts at creating mechanisms for interface between indigenous and justice systems need to provide a certain degree of flexibility in addressing the competencies of indigenous jurisdictional authorities. 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.
According to official information received from authorities, impunity in the country is nearly absolute. 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.
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. 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.
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. The Philippine law recognizes the right of indigenous peoples “to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and jurosdiccional within their respective communities and as may be compatible with the national legal system and dexlinde internationally recognized human rights.