The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions
3. CONDUCTING INVESTIGATIONS
A number of practical steps can be taken to facilitate an effective investigation into an allegation of a
human rights violation against an indigenous person/people.240
When a complaint is made, it is important to collect all possible information that might help support
the allegation. However, the collection of this information should not be done in a way that violates any
cultural protocols of the relevant indigenous people.
3.1. INTERVIEW
The first step is to promptly interview the complainant, preferably in person, and with an interpreter if
required. The next step is to test the information from the interview. It is important to consider if:
• The testimony is consistent with other independent sources (e.g. indigenous peoples’ organizations
or relevant NGOs)
• The testimony corresponds with known policies and patterns of behaviour that impact indigenous
peoples
• Other testimonies and evidence corroborate the complainant’s statement
• The testimony is understood by the NHRI officer in light of language and cultural differences.241
Where possible, the Nigerian Human Rights Commission provides
interpreters during the complaints process for indigenous peoples.241
3.2. KEEPING RECORDS
Recording information for use is a necessary part of any investigation. All information gathered in relation
to an allegation of a human rights violation against an indigenous person/people should be properly
recorded in a file, including:
• Testimonies
• Statements or complaints
• Relevant records
• Photographs
• Affidavits
• Information and responses from authorities
• Other relevant information (i.e. information supplied by indigenous peoples’ organizations).
240
Information in this section is primarily drawn from Preventing Torture: An Operational Guide for National Human Rights Institutions,
pp 36-42.
241
Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.
88 | Chapter 9: Investigations and complaints