Part II National human rights institutions’ domestic activities and functions Chapter 8: Promoting compliance with the Declaration KEY QUESTIONS • How can NHRIs promote reform of laws, policies and practices that affect the enjoyment of human rights by indigenous peoples? • How can NHRIs use the Declaration to advocate for changes to laws, policies and practices affecting the rights of indigenous peoples? FOUNDING PRINCIPLES AND INTERNATIONAL STANDARDS FOR NHRI INVOLVEMENT United Nations Declaration on the Rights of Indigenous Peoples Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States… for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to have access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Article 42 … States, shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration Paris Principles Competence and responsibilities 3. A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body, on an advisory basis … opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights… [in relation] to the following areas: (i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures Chapter 8: Promoting domestic compliance with the Declaration | 69