Dr. Leesi Ebenezer Mitee Advocate of the Human Right of Free Access to Public Legal Information
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Huricompatisation Ascertainment of Indigenous Customary Law: A New Legal Model Invented By Dr. Leesi Ebenezer Mitee

Copyright © 2020 by Dr. Leesi Ebenezer Mitee, PhD in international human rights law, legal information technology (legal informatics), indigenous customary law and indigenous rights

Definition of Huricompatisation

Indigenous customary law has its peculiarities that require the adaptation of the general concept of the right of free access to public legal information, defined in Section 4.3 above, to meet its needs. For example, the dominant form of indigenous customary law is unwritten and its owners are indigenous communities that need special protection under international human rights law. Article 8 of the Indigenous and Tribal Peoples Convention 1989 is one of the provisions that seeks to ensure that all interventions in the affairs of indigenous communities respect and preserve their rights, their way of life, and their customary laws.

“Like the general concept of human rights-compliant access to public legal information, public access to indigenous customary law should be both public access-adequate and human rights-compliant. That is the new concept that I describe as human rights-compliant public access to indigenous customary law, acronymed for ease of use as the new word huricompatisation.

I define huricompatisation as follows:

‘Huricompatisation is a public access-adequate and human rights-compliant mechanism for systematically recording or transmitting all the binding oral or unwritten rules of each community’s indigenous customary law into writing (whose aim is to guarantee the permanent evidence of the existence of those rules and provide free and adequate access to them, so as to make them knowable and transparent) in a manner that preserves the adaptive nature and bindingness of those rules and also protects the general human rights and the specific indigenous rights of that particular community and its members.’

“The above definition satisfies the objective to craft a one-sentence definition that is comprehensive and presents a graphic overview of the new concept of huricompatisation, as it covers all the public-access and human rights-compliant features, discussed in this book. . . .”

Source: Excerpts from Dr. Leesi Ebenezer Mitee’s upcoming book on human rights, indigenous customary law, and indigenous rights (footnotes and references omitted). Click the following link for more information on huricompatisation and the book: The New Human Rights-Based Huricompatisation Model of Ascertainment of Indigenous Customary Law: Strategies for Adequate Local and Global Public Access (Volume 2 Human Right of Free Access to Public Legal Information Book Series).