A/HRC/39/37
study on the situation of internally displaced persons in the region and the implementation
of judicial decisions regarding the rights of indigenous peoples.
60.
In January 2018, the country office, along with the International Organization for
Migration the United Nations Children’s Fund, UNDP and the Office for the Coordination
of Humanitarian Affairs, conducted an inter-agency mission to the Tzotzil indigenous
community in Chalchihuitán, in the State of Chiapas, where 5,000 members of the
community had allegedly been forcibly displaced. The office presented results of the factfinding mission to the Undersecretary for Human Rights of the Ministry of the Interior,
calling for urgent measures to be taken.
E.
Access to justice and the legal protection of indigenous peoples’ rights
61.
Access to justice is of particular importance given the gravity of the issues facing
indigenous peoples, which include discrimination in criminal justice systems, particularly
for indigenous women and young people. OHCHR sought to empower indigenous
organizations to amplify their demands for recognition of and respect for their rights
through legal means, such as litigation.
62.
The United Nations Joint Human Rights Office in the Democratic Republic of the
Congo continued to support legislative developments in the country, in cooperation with a
parliamentary commission on indigenous peoples’ rights. In December 2017, in partnership
with parliamentarians and indigenous representatives, it supported the development of
legislation to protect the rights of the indigenous peoples in the Province of Mai-Ndombe,
which was adopted in May 2018.
63.
The OHCHR office in Guatemala finalized the implementation of the second phase
of the Maya Programme. It provided technical assistance to the Government and indigenous
peoples on 11 strategic litigation cases and follow-up to 7 court rulings involving rights
related to transitional justice, land and resources and bilingual intercultural education. Six
of the 11 cases resulted in favourable rulings and 4 of them resulted in favourable and
definitive rulings from the Constitutional Court regarding ancestral land claims on behalf of
the Q’eqchi’, Ch’orti’ and Xinca peoples.
64.
Through the Maya Programme, the country office collaborated with the Office of the
Attorney-General on the development of a policy on access to justice for indigenous
peoples. In May 2017, the Office of the Attorney-General presented its new 2017–2025
policy on access to justice for indigenous peoples, 20 to help overcome linguistic, cultural,
geographic and economic barriers, and to provide access to justice for indigenous peoples
in the country. The policy, developed with the technical assistance of OHCHR, provides for
the creation of a secretariat on indigenous peoples within the Office of the AttorneyGeneral, which will play a major role in implementing policies developed in consultation
with indigenous authorities.
65.
The country office also organized seminars and training sessions with international
experts on indigenous peoples’ rights, including training for judges on indigenous peoples’
rights and on indigenous women’s rights, in the context of transitional justice trials and
reparation measures.
66.
The OHCHR office in Honduras continued to be an observer on the interinstitutional commission for the implementation of the rulings handed down by the InterAmerican Court of Human Rights in the Punta Piedra v. Honduras and Triunfo de la Cruz
v. Honduras cases. The office is monitoring the implementation of the reparations ordered
by the court, with a special focus on land, natural resources and prior consultation rights.
67.
The United Nations Voluntary Fund for Victims of Torture, managed by OHCHR,
supported a project implemented in Guatemala by the Community Studies and Psychosocial
Action Team to provide psychosocial support, using a traditional indigenous approach, to
indigenous women who became victims of torture and sexual violence during the internal
20
10
See A/HRC/34/3/Add.1, para. 25.
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