ABSTRACT
The historical background of the relationship between an indigenous people and the modern sovereign State will often shape and perpetuate discriminatory perceptions and practices. The State party should review its policy towards indigenous peoples as regards the extinguishment of aboriginal rights on the basis of the plenary power of Congress regarding Indian affairs and grant them the same degree of judicial protection that is available to the non-indigenous population. The Convention lays down a series of provisions establishing obligations on States parties for developing action to protect the rights of indigenous peoples and respect for their integrity. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Indigenous peoples’ justice systems are recognized in the Mexican Constitution under the term ‘usos y costumbres’.
