A/HRC/36/22
practices between indigenous peoples from Colombia, Mexico, Norway and Peru. The
Office also provided advice to the National Commission for the Coordination of the
National Judicial System, including the Special Indigenous Jurisdiction, on devising a work
plan to strengthen indigenous peoples’ traditional systems for the administration of justice.
47.
In the light of its general recommendation No. 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system, the
Committee on the Elimination of Racial Discrimination recommended that Colombia
improve the functioning of the special indigenous courts, guarantee access to justice and
uphold respect for the fundamental right to due process, with guarantees, in cases involving
members of indigenous peoples.
48.
The Office of the United Nations High Commissioner for Human Rights in
Honduras participated as an observer in the Inter-institutional Commission for the
implementation of the sentences handed down by the Inter-American Court of Human
Rights in the cases of Punta Piedra v. Honduras and Triunfo de la Cruz v. Honduras
(October 2015).1 In its rulings, the Court found Honduras to be in breach of its obligation to
guarantee the collective rights of the Garifuna people due to its failure to provide an
effective response to conflicting land titles affecting the communities. The Court requested
Honduras to take steps to provide effective reparation and guarantees of non-repetition. It
also urged Honduras to review legislative instruments found to be in breach of the right to
free, prior, and informed consent, such as the General Mining Act of 2013. 2
49.
The Office of the United Nations High Commissioner for Human Rights in
Guatemala has provided technical assistance to the Office of the Attorney General in
developing internal guidelines for public prosecutors to avoid the criminalization of human
rights defenders, which often result in serious cases of social and cultural disintegration
within indigenous communities.
50.
Through its Maya Programme, the Office of the United Nations High Commissioner
for Human Rights in Guatemala has assisted indigenous peoples and the Government in
relation to 11 strategic litigation cases involving issues related to access to land and
resources, the protection of traditional knowledge in textile weavings, the legal recognition
of indigenous communities’ radios and the provision of adequate and culturally appropriate
health services, achieving important legal and policy advances in these areas. Also in the
framework of its Maya Programme, the Office supported the judiciary in developing an
educational module for judges on access to justice for indigenous peoples. The Office
carried out trainings for judges in Quetzaltenango, the second largest city in Guatemala,
which has a significant indigenous population. The Office further assisted the Office of the
Attorney General in developing a policy on access to justice for indigenous peoples, taking
into account social, cultural, language and economic barriers that impede access to justice
for indigenous peoples in the country. The policy, the product of several years’ work, was
launched on 24 May 2017, and contemplates the creation of a secretariat on indigenous
peoples within the Office of the Attorney General.
51.
The Office has supported the translation of the Constitution of Guatemala in four
indigenous languages. A child-friendly version of the Constitution was launched at the
department of Quiché in February 2017, together with representatives of the Ministry of
Education and the President of the Constitutional Court.
52.
As part of the technical secretariat of the National Dialogue on Justice Reform, the
Office provided guidance on relevant human rights standards in order to include the
recognition of indigenous jurisdictions within the Constitution of Guatemala, among other
proposed reforms to strengthen the justice system. It also facilitated the participation of
indigenous representatives.
1
2
8
Available from www.corteidh.or.cr/docs/casos/articulos/seriec_304_esp.pdf and
www.corteidh.or.cr/docs/casos/articulos/seriec_305_esp.pdf.
See
www.poderjudicial.gob.hn/CEDIJ/Leyes/Documents/Ley%20General%20de%20Mineria%202013%
20(14,6mb).pdf.
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