The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions In addition to general lobbying, NHRIs should encourage their State to specifically consider how domestic implementation of international standards can positively advance the promotion, protection and realization of indigenous peoples’ human rights. Consultation and effective engagement with indigenous peoples will be very important in this regard. DOMESTIC IMPLEMENTATION OF HUMAN RIGHTS International human rights law imposes obligations on States to domestically implement the standards contained in the treaties to which they are a party. However, the manner and form in which these standards are implemented is for the State to determine. This can be achieved through a variety of mechanisms, including: • Constitutional protection of human rights • A human rights act • The requirement to have statements of human rights compliance with the introduction of new legislation • National human rights action plans. Even if not domestically implemented, international standards can have an indirect impact on domestic law, as the norms and standards can be used by the judiciary in construing ambiguous provisions of legislation.218 If their mandate allows, NHRIs can play a key strategic role to advise courts (i.e. as amicus curiae or “friend of the court”) on relevant and applicable human rights standards.219 In 2007, the Supreme Court of Belize used the Declaration for guidance in interpreting the Constitution of Belize to uphold the rights of the Maya indigenous peoples to their traditional lands.219 Legal reforms alone are rarely enough to achieve the effective implementation of international standards.220 A range of legislative instruments, policies, practices and programmes will have an influence on whether effective implementation is achieved. Advocacy by NHRIs should emphasize that legislation is the start of a process of domestic implementation, rather than an end point.221 NHRIs can also advocate for a national action plan for human rights, which may include specific reference to the State’s international obligations. Such a plan could outline the strategic steps necessary to ensure the protection, promotion and realization of human rights standards. NHRIs can provide technical assistance to the State in developing a national action plan for human rights. 218 See R v Secretary of State for the Home Department ex parte Brind (1991) AC 696, p. 747; Attorney General of Botswana v Dow (1994) (6) BCLR 1, paras. 29-30; and The International Covenant on Civil and Political Rights: Cases, Materials and Commentary, p. 16. 219 Manuel Coy et al v The Attorney General of Belize et al, Supreme Court of Belize, Claims No. 171 and 172 (2007). See also A/HRC/9/9, para. 54. 220 Human Rights Committee, general comment No. 3 (1981) on implementation at the national level (article 2). 221 Toolkit for Collaborating with National Human Rights Institutions, p. 38. 76 | Chapter 8: Promoting domestic compliance with the Declaration