Normative Directions

Abstract

This paper argues that indigenous rights to access to justice relate to three big clusters of rights: a/ non-discrimination; b/ cultural rights; and c/ self-determination. Any attempt to view the issue of access to justice in relation only to one of these rights undermines their basis and thus, undermines them. The non-discrimination aspect ensures that indigenous people should be treated equally to non-indigenous people in their access to justice; the indigenous right to culture underlines the need for some deviation from the national practices in judicial matters and processes; while the principle of self-determination is the foundation for the establishment of separate judicial institutions for indigenous people that will be designed and implemented with their active participation.