LEY 073 DESLINDE JURISDICCIONAL PDF

Mazurisar I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women. 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. Numerous cases were submitted to me indicating that these procedures are neither simple or accessible and could involve lengthy proceedings. Main findings of official visit to Mexico Challenges in access to the national justice system During my visit, I was jurisdiccionql to hear of the problems indigenous peoples face in obtaining justice and reparations for violations of their human rights.

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Mazurisar I also noted concerns over abuses experienced by indigenous individuals including arbitrary arrests and excessive use of pretrial detention for indigenous men and women.

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.

Numerous cases were submitted to me indicating that these procedures are neither simple or accessible and could involve lengthy proceedings. Main findings of official visit to Mexico Challenges in access to the national justice system During my visit, I was jurisdiccionql to hear of the problems indigenous peoples face in obtaining justice and reparations for violations of their human rights. Indigenous peoples could also be informed about the functions and procedures of the ordinary justice system.

Coordination between indigenous and national justice system. 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 justice operators who speak indigenous languages.

This includes Indigenous community-based police in Guerrero and Michoacan. 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. State legislation and federal electoral court decisions have reaffirmed the rights of indigenous jurisdiccionsl in states like Oaxaca, Michoacan, Morelos and Guerrero to elect local and municipal authorities according to their usages and customs.

International human rights perspectives on access to justice for indigenous peoples in Mexico Paramilitary and other armed groups committing human rights violations in indigenous territories should be dismantled, disarmed and dewlinde sanctioned.

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. As my final visit report states, indigenous peoples face great challenges in the exercise of human rights. Mexico played a leading role in the approval by the United Nations General Assembly jurisdjccional the Declaration on the rights of indigenous peoples in I consider that these are important programs that need to be continued and strengthened.

This could include an intercultural review body made of representatives of indigenous and ordinary justice authorities. Said legal and institutional reforms need to incorporate the international human rights standards on the rights of indigenous peoples jueisdiccional in this presentation.

The above international sources reflect the need for States to address disadvantages indigenous peoples face due to language, cultural, economic and other barriers within national legal systems. This would also include crimes committed by police and military agents against indigenous civilians, which must be brought before civilian jurisdictions. In Bolivia, constitutional recognition of indigenous jurisdiction was followed by legislation to enable coordination with the ordinary justice.

However, recent efforts in Guerrero to undercut these advances could increase incidents of criminalization of these community-based practices. As an official General Assembly resolution voted favorably by 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 rights in widely oey international treaties.

Recommendations for further action in the promotion of indigenous justice systems. International human rights perspectives on access to justice for indigenous peoples in Mexico. For example, I was informed that there were only 25 bilingual public defenders operating nationally. This has presented certain challenges and consequences for indigenous justice systems. An intercultural dialogue between indigenous and State justice authorities regarding the areas that indigenous justice operators consider they should adjudicate should be promoted with a view to guaranteeing a maximum level of autonomy for the indigenous peoples concerned.

An important starting point is ascertaining and validating the jurisdictional powers that indigenous peoples already exercise de facto. 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.

These review bodies would need to contribute constructively to the respect and strengthening of indigenous jurisdictional powers. I would like to thank the Federal Judiciary Council for inviting me to speak before this important seminar on the issue of access to justice for indigenous peoples.

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LEY 073 DESLINDE JURISDICCIONAL PDF

Dourg These efforts would need to ensure that mechanisms within the national justice systems are accessible and culturally adequate. 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 devised in addition to domestic courts. An important avenue to guarantee access to justice for indigenous peoples is the recognition and promotion of their own juridical systems. Secondly, I will provide an overview of the findings made after my official visit to Mexico regarding access to justice, indigenous systems of justice and self-determination. 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.

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