Criminal justice and indigenous rights. The long way of the recognition of diversity

Abstract

In the context of 15 years [1] of effectiveness of the criminal justice reform, an analysis of the assessment that the criminal justice system has made regarding the recognition of diversity is formulated. In other words, we seek to answer whether the indigenous rights considered by international instruments, particularly those that have to do with justice, are respected or not. The analysis focuses on two axes where there has been debate about indigenous rights. First, the prosecution of Mapuche people who have been accused for offenses related to protest for their territorial rights. Second, the recognition of indigenous rights and traditional mechanisms for conflict resolution. Assessment is cautiously optimistic, because although there is still a long way to go in recognizing indigenous rights to justice, there are significant advances in both axes.