The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions 2.1. THE DECLARATION First and foremost, NHRIs should assess whether their State has formally indicated support for the Declaration, either at the time of its adoption in the General Assembly or through a subsequent announcement. 211 At the time of its adoption, Canada voted against the Declaration. Through a number of submissions and other processes, the Canadian Human Rights Commission advocated for the Government to reverse its position and endorse the Declaration. In 2010, the Canadian Government undertook this step and formally supported the Declaration.211 NHRIs can develop a strategy to pursue formal support for the Declaration where their State has not already indicated it. A variety of approaches can be used, including: • Raising public awareness through campaigns, media release and speeches • Lobbying the Government, both at the parliamentary and the executive levels • Making formal recommendations to the Government • Advocating to international human rights mechanisms, such as the treaty bodies, and making recommendations through parallel reporting processes. Consistent with the Declaration, NHRIs should work in conjunction with indigenous peoples’ organizations in undertaking these strategies.212 The Human Rights Commission of Malaysia has translated the Declaration into the national language to raise public awareness of the rights of indigenous peoples under the Declaration.212 2.2. OTHER INTERNATIONAL INSTRUMENTS Given the status of the Declaration as an instrument that collates existing international human rights standards and interprets them as they apply to indigenous peoples, it is crucial that NHRIs review whether their State is a party to the core international human rights treaties. NHRIs should also assess whether their State has entered any reservations213 to these human rights treaties. NHRIs can lobby their State if it is not a party to the core human rights treaties or for the removal of any reservations it may have entered. 211 Canada’s Statement of Support on the United Nations Declaration on the Rights of Indigenous Peoples (12 November 2010) is available at www.aadnc-aandc.gc.ca/eng/1309374239861. 212 Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples. 213 A reservation is defined as “a unilateral statement… made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State”; Vienna Convention on the Law of Treaties, article 2 (1) (d). Note also that article 19 of the Vienna Convention provides that a State may make a reservation unless it is prohibited by the treaty or it is incompatible with the object and purpose of that treaty. 74 | Chapter 8: Promoting domestic compliance with the Declaration