Part II National human rights institutions’ domestic activities and functions
4. IMPLEMENTATION OF THE DECLARATION
NHRIs are uniquely positioned to play an important role in advancing the domestic implementation of
the Declaration.
In the first instance, undertaking actions consistent with this Manual will support NHRIs to significantly
advance the domestic implementation of the Declaration. Additional specific actions that NHRIs can
take are outlined below.
4.1. USING THE DECLARATION AS A STANDARD OF REFERENCE
One of the most effective ways that NHRIs can advance the domestic implementation of the Declaration
is by using it as a common standard of reference. 222
The Kenya National Commission on Human Rights convenes national
forums to carry out advocacy on the rights of indigenous peoples. The
Declaration is used to guide this advocacy work.222
The more the standards in the Declaration are used to monitor the human rights performance of a State
in relation to indigenous peoples, the more these standards will become the norm.223
The Human Rights Commission of Malaysia uses the Declaration as an
important framework and reference point in developing and implementing
the programmes of its internal Indigenous Peoples Rights’ Committee.223
4.2. COMPLAINTS
Article 40 of the Declaration places obligations on States to develop “just and fair procedures” and
“effective remedies” for infringements of indigenous peoples’ human rights. The Paris Principles also
provide for NHRIs to hear and resolve human rights complaints. It is noted in Chapter 9 that NHRIs
should, according their mandate, hear and resolve as many human rights complaints as possible from
indigenous peoples. This includes complaints directly related to the Declaration.
Where NHRIs do not have a sufficiently broad mandate to hear and resolve complaints by indigenous
peoples in relation to violations of their human rights, particularly those outlined in the Declaration, they
could actively lobby their State in relation to this issue.
222
Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.
223
Ibid.
Chapter 8: Promoting domestic compliance with the Declaration | 77