Part II National human rights institutions’ domestic activities and functions
NHRIs should also specify the criterion for admissible complaints. Human rights issues arise in almost
every area of human activity. In order to avoid a misallocation of resources, NHRIs should prioritize
complaints and be careful not to deal with matters that are outside their mandate. Generally, complaints
should relate to human rights conferred in the constitution, legislation or other instruments considered
part of national law.
Considering its relative youth and “non-binding”232 nature, NHRIs may not have a specific and delineated
mandate to investigate complaints for violations of the Declaration. However, it is important to remember
that the Declaration elaborates upon existing human rights standards as they apply to indigenous
peoples. As such, if a compliant is admissible under another instrument, the NHRI could still consider
the complaint and use the Declaration as an interpretative tool.
In order to maximize the ability of NHRIs to hear indigenous peoples’ human rights complaints, and to
maximise the effectiveness of the Declaration as a lever for addressing these complaints, it is important
that NHRI officers are adequately trained. In this regard, this Manual and accompanying training materials
will be of practical benefit for policy officers working within NHRIs and for staff with responsibility for
complaint handling and investigations.
Where NHRIs have the mandate to conduct alternative dispute resolution, it is advisable that complaints
officers be provided with professional development training. A specific focus of this training could include
indigenous models of alternative dispute resolution.
In addition, NHRIs can play a valuable role in situations of conflict or escalating conflict between
indigenous communities and the State or other groups, including private enterprises. Potential conflict
situations could include the threat of or actual:
• Use of indigenous lands and territories by extractive industries
• Use of force against peaceful demonstrations by indigenous communities
• Illegal or arbitrary arrest of indigenous leaders.
NHRIs may undertake a range of activities to attempt to promote peaceful resolution of these issues,
including efforts to:
• Promote dialogue between the parties
• Promote the establishment and growth of peace building mechanisms
• Encourage acceptable and necessary accommodations to deal with underlying human rights
issues that may be at the root of the conflict.233
NHRIs can also play an important role in helping address disadvantage or inequality in negotiations or
dialogue with the State or private enterprise.
232
For further discussion of this issue, see Chapter 5.
233
National Human Rights Institutions: History, Principles, Roles and Responsibilities, pp. 93-95.
Chapter 9: Investigations and complaints | 85