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Protocols
and the rights of indigenous women; They
should be able to contextualize the experience
of Indigenous Peoples, their exclusion from the
mainstream society as products of colonialism,
and their continued struggle for their ancestral
domain.
2. Investigators and lawyers shall examine their
personal biases, beliefs and prejudice against
indigenous people, taking into account the
manner by which these may adversely affect
the conduct of human rights investigation;
3. Investigators and lawyers shall observe respect
for indigenous people’s identities, their ways
of life and their right to lands, territories and
natural resources. Investigator and lawyers
shall bear in mind that “indigenous peoples are
the holders of unique languages, knowledge
systems and beliefs and possess invaluable
knowledge of practices for the sustainable
management of natural resources. They hold
their own diverse concepts of development,
based on their traditional values, visions,
needs and priorities which often differ from
mainstream society.153”
4. Investigators and lawyers should understand
the need to accord access for indigenous
peoples, indigenous women to justice, by
ensuring the availability of culturally sensitive
services, the availability of capable translators
and persons knowledgeable of indigenous
culture.
5. In all decision making processes with respect
the case – investigation and the provision
legal aid and support services - the decision
of the indigenous woman shall be taken into
consideration.
6. The following principles and protocols154 in
dealing with indigenous peoples shall also be
observed:
• Relationships with Indigenous communities
153 Id
154 Protocols for Staff Working with Indigenous People (2008) New
South Wales http://www.records.nsw.gov.au/
should be based on mutual respect and
understanding;
• Services and procedures should be
developed/modified with an understanding
of Indigenous People and their issues
and provided in a culturally appropriate
manner;
• Indigenous people, specially indigenous
women should feel welcomed and supported
when approaching the Commission for
the filing of complaint or in seeking legal
assistance;
• Moro Women
The handling of cases involving moro women
should also follow the general procedures in
investigation and interview, as well as in the provision
of other assistance, as mentioned above. Providers of
protection and promotion services, however, should
take note that there different tribes or groups within
the moro community, thus, the diversity of cultures
and languages. Investigators and lawyers, in cases
of Indigenous Women, should always be gender
and culturally sensitive. Due consideration shall be
given to the religious feelings, traumatic experience,
competence and ethnic origin of the victim-survivors.
Accessibility and sensitivity should be ensured
providing duly trained investigators and lawyers,
the provision of available translators, and cultural
or religious experts to contextualize the experiences
of moro women who complain of human rights
violations or acts of discrimination.
• Women with Disabilities
Women with disabilities are amongst the most
marginalised and disadvantaged people in the
world155. The intersection of gender inequality and
disability presents a situation of multiple levels of
discrimination156.
155 http://www.wdv.org.au/publications.htm
156 Following guidelines taken from: Odette, F. and Rajan, D.
(November 2013). Violence Against Women with DisAbilities
and Deaf Women: An Overview. 1Learning Network Brief (12).
London, Ontario: Learning Network, Centre for Research and
Education on Violence Against Women and Children. http://www.
vawlearningnetwork.ca/violence-agasint-women-disabilitiesdeaf-women
CHR Gender Ombud Guidelines
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