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Rights of Indigenous People By: Emily Cook and Maurilio Fonseca.

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Presentation on theme: "Rights of Indigenous People By: Emily Cook and Maurilio Fonseca."— Presentation transcript:

1 Rights of Indigenous People By: Emily Cook and Maurilio Fonseca

2 Problems Geography: lack of access to courts and government offices in rural areas causing small communities to create justice systems of their own. Geography: lack of access to courts and government offices in rural areas causing small communities to create justice systems of their own. Communication Barrier between the Guatemalan Government and the indigenous communities. Communication Barrier between the Guatemalan Government and the indigenous communities. Lack of state enforcement of rights Lack of state enforcement of rights Relentlessness of indigenous people to loosen control. Relentlessness of indigenous people to loosen control. Punishment of indigenous people/outsiders that commit crimes outside their communities/jurisdiction. Punishment of indigenous people/outsiders that commit crimes outside their communities/jurisdiction.

3 Solutions Improve access by building more government offices/courthouses in rural areas. Improve access by building more government offices/courthouses in rural areas. Establish better communication between the government and indigenous people by providing regional resolution institutions. Establish better communication between the government and indigenous people by providing regional resolution institutions. State needs to effectively reform in order to increase involvement within rural areas; must prove to communities that it is on their side. State needs to effectively reform in order to increase involvement within rural areas; must prove to communities that it is on their side. Indigenous communities and the state must agree on judicial resolutions of key issues. Indigenous communities and the state must agree on judicial resolutions of key issues. Outsiders/indigenous people who commit a crime outside their community will have the option to choose to be punished by either their government or the other. Outsiders/indigenous people who commit a crime outside their community will have the option to choose to be punished by either their government or the other.

4 Regional Resolution Institutions Institutions located based on language regions Institutions located based on language regions

5 Regional Resolution Institutions Spanish and local language Spanish and local language Counsel made up of local leaders and government representative Counsel made up of local leaders and government representative Resolution decided by all with limitations imposed by human rights laws. (Informal Justice)Resolution decided by all with limitations imposed by human rights laws. (Informal Justice) More accessible form of justice More accessible form of justice Language and geographyLanguage and geography Compatibility between branches Compatibility between branches

6 Regional Resolution Institutions Resolution through Informal Justice Resolution through Informal Justice Informal justice substituting formal justiceInformal justice substituting formal justice No clash between formal and informal justiceNo clash between formal and informal justice Knowledge Management Knowledge Management Fewer cases to be resolved by formal justice Fewer cases to be resolved by formal justice Cases not decided to be sent to Supreme CourtCases not decided to be sent to Supreme Court Internal Diplomacy Internal Diplomacy Assist with relationship between local leaders and institutionsAssist with relationship between local leaders and institutions

7 Expected Results An increased access to courts and offices will provide an environment where parties can solve their issues. (Ex. Triadic dispute resolution could resolve the issue of lynchings by creating an improved justice system involving incentives. An increased access to courts and offices will provide an environment where parties can solve their issues. (Ex. Triadic dispute resolution could resolve the issue of lynchings by creating an improved justice system involving incentives. Better communication will offer the indigenous people an equal opportunity at understanding and following the laws. Better communication will offer the indigenous people an equal opportunity at understanding and following the laws. A more involved state can better monitor the actions of indigenous people to ensure they aren’t committing crimes against humanity. A more involved state can better monitor the actions of indigenous people to ensure they aren’t committing crimes against humanity. This will solve the problem of efficiency and human rights violations. This will solve the problem of efficiency and human rights violations. The criminal still receives a just punishment, but will have a say. Both governments will get what they want. The criminal still receives a just punishment, but will have a say. Both governments will get what they want.

8 Sources http://www.usip.org/library/pa/guatemala/gu at_950331.html http://www.usip.org/library/pa/guatemala/gu at_950331.html


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