The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions 2. CREATING AN EFFECTIVE AND ACCESSIBLE COMPLAINTS PROCESS An effective complaints mechanism requires organizational competence. This is achieved through an efficient management system. In some instances, United Nations Country Teams234 can offer assistance to NHRIs in building their internal capacity to undertake complaints investigations.235 The National Human Rights Commission of India was established in 1993. During 1993–94, the Commission received 498 complaints. By 1999–2000 the Commission received approximately 50,000 complaints. In order to accommodate the increasing number of complaints, and to enhance the speed, efficiency and effectiveness of its complaint process, the Commission introduced an online complaints process.235 A robust system of complaints management can be broken down in to three basic stages: • Early resolution –– Screening –– Counselling –– Alternative dispute resolution/mediation (if within the mandate of the NHRI) • Complaints investigation –– Case management strategies –– Investigation –– Reporting findings –– Discussing options for domestic and international recourse • Recommendations and remedies –– Disseminating case reports, results and recommendations –– Seeking to enforce a remedy, including settlements, judicial decisions or confidential interventions –– Communicating with treaty bodies and regional bodies when internal and national remedies have been exhausted.236 It is particularly important that NHRIs ensure that their complaints processes are accessible to indigenous peoples. As outlined in Chapters 6 and 7, NHRIs should undertake awareness raising activities targeting indigenous peoples to ensure their functions and complaints handling mandate are well understood. In addition, processes must be flexible to ensure maximum engagement with indigenous peoples. This could include ensuring that: • Lodging a complaint is free of charge • There is capacity to receive both oral and written complaints 234 The United Nations Country Team (UNCT) exists in 136 countries, covering all of the 180 countries where there are United Nations programmes, predominantly in the developing world. The UNCT ensures inter-agency coordination and decision-making at the country level. Their main purpose is for individual agencies to plan and work together to ensure the delivery of tangible results in support of the development agenda of the Government. More information is available at www.undg.org/index.cfm?P=1257. 235 More information is available at www.nhrc.nic.in/nhrc.htm. 236 Toolkit for Collaborating with National Human Rights Institutions, p. 33. 86 | Chapter 9: Investigations and complaints