The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions In 1995, the Australian Human Rights Commission246 was requested by the Australian Government to conduct the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. In 1997, the inquiry released the Bringing them home report.247 The inquiry included hearings and consultations in all parts of the country. It included an examination of a large number of complaints and an analysis of the past laws and policies relating to the forcible removal of Aboriginal and Torres Strait Islander children from their families. The Bringing them home report greatly improved the Australian public’s awareness of forcible removals and its continuing effects on Aboriginal and Torres Strait Islander peoples. A suite of education materials was subsequently developed for use in schools and for the general community.248 The Commission’s report included a range of recommendations to the Australian Government, including that public apologies be made by the Parliaments of Australia. In 2007, the Australian Government issued a formal apology. 1. ADVANTAGES OF A PUBLIC INQUIRY 246247248 A public inquiry is a comprehensive process that allows NHRIs to perform several functions at the same time. 1.1. HANDLE LARGE NUMBER OF COMPLAINTS A public inquiry into indigenous peoples’ human rights, or a thematic aspect of indigenous peoples’ rights (i.e. their rights to lands, territories and resources), enables the NHRI to deal with a large number of individual complaints in a cost-effective manner. Furthermore, the proactive nature of a public inquiry can elicit complaints or information on human rights violations from individuals who otherwise might not have approached the NHRI. Again, this is of particular relevance for indigenous peoples who often live in geographically isolated areas, can be marginalized from public information and may distrust State bodies. 1.2. INVESTIGATE SYSTEMIC CAUSES OF HUMAN RIGHTS VIOLATIONS Human rights violations faced by indigenous peoples are frequently caused by underlying and systemic issues, such as marginalization from decision-making. A public inquiry can be an effective way to examine the underlying causes of indigenous disadvantage and human rights violations. 1.3. ANALYSE NATIONAL LAWS AND POLICIES Public inquiries provide an opportunity for NHRIs to analyse existing laws and policies and assess whether they are consistent with the Declaration. 1.4. EDUCATE AND RAISE AWARENESS A public inquiry can be a powerful education tool to raise awareness about indigenous peoples’ human rights issues among the general public and indigenous peoples. Public inquiries are likely to 246 Information provided by the Australian Human Rights Commission. 247 The report is available at www.humanrights.gov.au/social_justice/bth_report/index.html. 248 More information is available at www.humanrights.gov.au/education/bringing_them_home/index.html. 92 | Chapter 10: Public inquiries