The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions
(c) Hearing any complaints or petitions or transmitting them to any other competent
authority within the limits prescribed by the law
(d) Making recommendations to the competent authorities, especially by proposing
amendments or reforms of the laws, regulations and administrative practices, especially
if they have created the difficulties encountered by the persons filing the petitions in
order to assert their rights.
Investigating and resolving allegations of human rights violations is a pivotal function of NHRIs. The
ways in which they undertake their complaint handling function will differ according to their particular
mandate. NHRIs may be empowered to:
• Consider individual complaints and make recommendations for redress and remedies to
appropriate authorities
• Consider complaints by groups or communities, in recognition of the collective rights held by
indigenous peoples
• Refer cases to relevant authorities, including government agencies, parliament, the judiciary and
prosecuting authorities
• Seek redress or remedies on behalf of complainants through courts and tribunals
• Advise courts and tribunals as amicus curiae
• Issue legally enforceable orders and binding decisions
• Order that violating authorities pay compensation to victims
• For NHRIs outside the Asia Pacific region, appear before regional bodies such as human rights
courts.227
Indigenous performer from the Philippines at the opening launch of the International Year of the World’s Indigenous People. UN Photo/John Isaac
227
Toolkit for Collaborating with National Human Rights Institutions, p. 32.
82 | Chapter 9: Investigations and complaints