The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions
2. THE ROLE OF NATIONAL HUMAN RIGHTS
INSTITUTIONS
NHRIs are uniquely placed to operate as a bridge between the international human rights system and
the on-the-ground reality experienced by indigenous peoples. NHRIs are a vital part of strong national
human rights protection system and play a key role in linking international standards with domestic
protection.
There are significant differences between the structure and functions of different NHRIs. This reflects
the distinct domestic contexts in which NHRIs operate. However, the Paris Principles provide a broad
normative framework from which NHRIs undertake their specific programmes of work. It is through this
framework that NHRIs can work to advance the protection, promotion and realization of indigenous
peoples’ human rights.
PARIS PRINCIPLES
Competence and responsibilities
1. A national institution shall be vested with competence to promote and
protect human rights.
2. A national institution shall be given as broad a mandate as possible,
which shall be clearly set forth in a constitutional or legislative text,
specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on an advisory
basis either at the request of the authorities concerned or through the exercise of its
power to hear a matter without higher referral, opinions, recommendations, proposals
and reports on any matters concerning the promotion and protection of human rights;
the national institution may decide to publicize them; these opinions, recommendations,
proposals and reports, as well as any prerogative of the national institution, shall relate
to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to
judicial organizations, intended to preserve and extend the protection of human
rights; in that connection, the national institution shall examine the legislation
and administrative provisions in force, as well as bills and proposals, and shall
make such recommendations as it deems appropriate in order to ensure that
these provisions conform to the fundamental principles of human rights; it shall, if
necessary, recommend the adoption of new legislation, the amendment of legislation
in force and the adoption or amendment of administrative measures
(ii) Any situation of violation of human rights which it decides to take up
(iii) The preparation of reports on the national situation with regard to human rights in
general, and on more specific matters
(iv) Drawing the attention of the Government to situations in any part of the country
where human rights are violated and making proposals to it for initiatives to put an
end to such situations and, where necessary, expressing an opinion on the positions
and reactions of the Government
(b) To promote and ensure the harmonization of national legislation regulations and
practices with the international human rights instruments to which the State is a party,
and their effective implementation
40 | Chapter 5: The implementation of the Declaration