A/HRC/45/22
were not regulated or conducted according to national law and international standards, which
often affected indigenous peoples (A/HRC/41/40, para. 41).
F.
Access to justice and legal protection of the rights of indigenous peoples
63.
The OHCHR office in Colombia fostered the harmonization of the self-government
systems of indigenous peoples, formal justice systems and related mechanisms created during
the peace process. That joint effort was aimed at investigating and prosecuting attacks and
killings of indigenous leaders that occurred between May 2019 and May 2020. It supported
the Regional Indigenous Council of Cauca in its interactions with local justice sector
institutions in northern Cauca. In 2019, the country office also supported Wayúu women, the
Office of the Attorney General and the national forensics institute in designing a protocol for
the handling of cadavers during technical inspections, taking into account the traditions of
the Wayúu people.
64.
The country office in Guatemala observed the hearings, and provided technical
assistance to judges, prosecutors and representatives of civil society organizations on
international norms and standards, in the context of the trials against the perpetrators of
sexual violence committed against Maya Achí women between 1981 and 1985. The office
also assisted State institutions, including the Office of the Attorney General, in developing a
master plan for the implementation of the sentence in the Sepur Zarco case rendered in 2018,
a landmark judgment, in which, for the first time, a national court ruled on charges of sexual
slavery during the internal armed conflict.
65.
During its monitoring work, the Committee against Torture addressed the attacks on
indigenous peoples and communities by security forces, police and non-State armed militia
(CAT/C/COD/CO/2, para. 30; CAT/C/ARG/QPR/7, para. 28; CAT/C/BGD/CO/1, para. 23;
CAT/C/PRY/QPR/8, para. 27 (b); and CAT/C/MLI/QPR/1, para. 29). The Committee
requested States parties to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to establish mechanisms and procedures to ensure
coordination and cooperation between the indigenous and formal justice systems
(CAT/C/ECU/QPR/8, para. 6; and CAT/C/PAN/QPR/5, para. 5) and to take appropriate
measures to prevent intercommunity conflict and violence (CAT/C/MLI/QPR/1, para. 30).
66.
The Committee on the Elimination of Racial Discrimination, during country reviews,
called upon States parties to the International Convention on the Elimination of All Forms of
Racial Discrimination to prevent the criminalization of the activities of indigenous leaders
and human rights defenders and to ensure their protection. It recommended that States parties
ensure access to justice for victims, investigate cases, prosecute the perpetrators of and
sanction such acts as involuntary sterilization and the recruitment of indigenous children by
non-State armed groups (see CERD/C/KHM/CO/14-17, CERD/C/COL/CO/17-19 and
CERD/C/SLV/CO/18-19).
67.
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment paid particular attention to the analysis of the situation of
indigenous peoples before prison visits to determine whether indigenous peoples in detention
were victims of multiple forms of discrimination or ill-treatment, in order to address those
concerns with specific recommendations in its confidential reports.
68.
The Committee on the Rights of the Child adopted its general comment No. 24 (2019)
on children’s rights in the child justice system, in September 2019, in which it addresses
children coming into contact with justice systems parallel to or on the margins of the formal
justice system, including customary, tribal, indigenous or other justice systems.
69.
The Special Rapporteur on the rights of indigenous peoples submitted a report on
indigenous peoples and access to justice (A/HRC/42/37) in September 2019.
70.
During the 2019 session of the Forum on Business and Human Rights, indigenous
peoples’ representatives emphasized the importance of the third pillar of the Guiding
Principles on Business and Human Rights. The Guiding Principles contain three pillars:
protect, respect and remedy. The representatives emphasized in particular issues related to
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