Part II National human rights institutions’ domestic activities and functions
A Cakchiquel family in the hamlet of Patzutzun, Guatemala. UN Photo/F Charton.
4.2. EFFECTIVE ENGAGEMENT WITH INDIGENOUS PEOPLES 184
Implementing the right to consultation for indigenous peoples has been
a priority for the Defensoria del Pueblo de Perú (Ombudsman’s Office). In
2009, it issued a report on indigenous peoples’ rights to consultation.184
Following the release of this report, the Ombudsman’s Office undertook
work to develop a draft law on consultation with indigenous peoples. This
included strategies for dissemination and engagement with indigenous
peoples and other stakeholders. The Office also participated in a working
group, comprising government officials and representatives from national
indigenous peoples’ organizations, which prepared a matrix to facilitate
input for the development of the draft law.
In July 2009, the draft law on the right to consultation was submitted by the
Ombudsman’s Office to the Congress. It was approved in August 2011.
The steps below offer practical assistance to NHRIs to engage effectively with indigenous peoples.
4.2.1. Build a community profile
Knowing the community will greatly assist effective engagement. Consultation and engagement does
not occur in a vacuum and indigenous communities will not simply drop everything to facilitate a visit,
consultation or programme by the NHRI.
The following strategies should be considered before engaging with an indigenous community:
• Develop a basic snapshot of the community, including history, culture, language, current events,
major human rights challenges and impacts of Government laws and policies on the community
• Develop an understanding of the politics of the community
• Identify key community organizations and individuals, as regular contact with these organizations
and individuals will provide invaluable assistance and knowledge for working with the community.
184
Defensoria del Pueblo de Perú, Department Report No. 011-2009-DP/AMASPPI-PPI (2009).
Chapter 6: Accessibility of NHRIs to indigenous peoples | 55