3. The guarantee of access to justice for the victims – as members of an indigenous or tribal people – without discrimination,286 and in keeping with the rules of due process; 287 hence, the available remedy must be: a) Accessible,288 simple and within a reasonable time.289 This means, among other matters, establishing special measures to ensure effective access and the elimination of obstacles to access to justice. In other words:: i) Ensure that the members of the community can understand and be understood during the legal proceedings undertaken, providing them with interpreters or other means that are effective in this regard;290 ii) Give the indigenous and tribal peoples access to technical and legal assistance in relation to their right to collective property,291 if they are in a situation of vulnerability that would prevent them from obtaining this, and iii) Facilitate physical access to the administrative or judicial institutions, or to the bodies responsible for ensuring the right to collective property of the indigenous and tribal peoples, and also facilitate their participation in judicial, administrative or any other proceedings, without this entailing exaggerated or excessive efforts,292 due either to the distances or to the channels for accessing such institutions, or to the elevated cost of the proceedings.293 285 Cf. Case of the Saramaka People, supra, paras. 173 and 174. 286 Cf. Case of Tiu Tojín v. Guatemala, supra, para. 100, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People) v. Chile. Merits, Reparations and Costs. Judgment of May 29, 2014. Series C No. 279, paras. 202, 203 and 206. In addition, the fifth preambular paragraph of the United Nations Declaration on the Rights of Indigenous Peoples reaffirms “that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,” while Article 2 establishes that “[i]ndigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.” Cf. United Nations Declaration on the Rights of Indigenous Peoples, supra. 287 Cf. Case of the Yakye Axa Indigenous Community, supra, paras. 62 and 96, and Case of the Kuna Indigenous Community of Madungandí and the Emberá Indigenous Community of Bayano and their members, supra, para. 166. 288 Cf. Case of the Yakye Axa Indigenous Community, supra, para. 102, and Case of the Sawhoyamaxa Indigenous Community, supra, para. 109. 289 Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra, paras. 112 and 134, and Case of the Kichwa Indigenous People of Sarayaku, supra, para. 262. 290 Cf. Case of Tiu Tojín, supra, para. 100, and Case of the Kichwa Indigenous People of Sarayaku, supra, para. 201 291 Cf. United Nations Permanent Forum on Indigenous Issues. Report on the sixth session (14 to 25 May 2007). E/2007/43. E/C.19/2007/12. In this report (para. 23), the Permanent Forum recommended “that States, in consultation with the indigenous peoples concerned, provide financial and technical assistance for indigenous peoples to map the boundaries of their communal lands, finalize legal and policy frameworks for the registration of collective titles, as a matter of urgency, and support indigenous peoples in preparing their claims for collective title.” Cf. Mutatis mutandi, Exceptions to the Exhaustion of Domestic Remedies (Arts. 46.1, 46.2.a and 46.2.b American Convention on Human Rights). Advisory Opinion OC-11/90 of August 10, 1990. Series A No. 11, paras. 25 to 28. 292 Cf. Case of Tiu Tojín, supra, para. 100. 293 Cf. Mutatis mutandi, Case of Cantos v. Argentina. Merits, Reparations and Costs. Judgment of November 28, 2002. Series C No. 97, paras. 54 and 55, and Exceptions to the Exhaustion of Domestic Remedies, Advisory Opinion. OC11/90, supra, paras. 29 to 31. Also, Cf. IACHR, Access to justice as a guarantee of economic, social and cultural rights. A review of the standards adopted by the Inter-American system of human rights. OEA/Ser.L/V/II.129. Doc. 4 of September 7, 2007, paras. 66 to 80. Available at: https://www.cidh.oas.org/countryrep/AccesoDESC07eng/Accesodescindice.eng.htm, and Access to justice for women victims of violence in the Americas. OEA/Ser.L/V/II. Doc. 68 of January 20, 2007, para. 112. Available at: https://www.cidh.oas.org/women/Access07/Report%20Access%20to%20Justice%20Report%20English%20020507.pdf. 65