Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation
(c) To encourage ratification of the above-mentioned instruments or accession to those
instruments, and to ensure their implementation
(d) To contribute to the reports which States are required to submit to United Nations
bodies and committees, and to regional institutions, pursuant to their treaty obligations
and, where necessary, to express an opinion on the subject, with due respect for their
independence
(e) To cooperate with the United Nations and any other organization in the United Nations
system, the regional institutions and the national institutions of other countries that are
competent in the areas of the promotion and protection of human rights
(f) To assist in the formulation of programmes for the teaching of, and research into,
human rights and to take part in their execution in schools, universities and professional
circles
(g) To publicize human rights and efforts to combat all forms of discrimination, in particular
racial discrimination, by increasing public awareness, especially through information
and education and by making use of all press organs.
Additional principles concerning the status of commissions with quasi-jurisdictional
competence
A national institution may be authorized to hear and consider complaints and petitions
concerning individual situations. Cases may be brought before it by individuals, their
representatives, third parties, non-governmental organizations, associations of trade unions
or any other representative organizations. In such circumstances, and without prejudice to
the principles stated above concerning the other powers of the commissions, the functions
entrusted to them may be based on the following principles:
(a) Seeking an amicable settlement through conciliation or, within the limits prescribed by
the law, through binding decisions or, where necessary, on the basis of confidentiality;
(b) Informing the party who filed the petition of his rights, in particular the remedies
available to him, and promoting his access to them;
(c) Hearing any complaints or petitions or transmitting them to any other competent
authority within the limits prescribed by the law;
(d) Making recommendations to the competent authorities, especially by proposing
amendments or reforms of the laws, regulations and administrative practices, especially
if they have created the difficulties encountered by the persons filing the petitions in
order to assert their rights.
This broad mandate enables NHRIs to engage with all relevant actors at the national level, as well as to
interact with international mechanisms, in order to contribute and advance the promotion, protection
and realization of indigenous peoples’ human rights.
For example, NHRIs can utilize their technical expertise to monitor and advise Governments to ensure
that their laws and policies are consistent with, and provide protection for, the rights contained in the
Declaration. In addition, the education functions of NHRIs can help raise awareness of indigenous
peoples’ human rights and how they may be exercised.
NHRIs also generally have quasi-judicial powers which enable them to investigate and sometimes
initiate complaints, as well as conduct public hearings and national inquiries into violations of indigenous
peoples’ human rights.
Chapter 5: The implementation of the Declaration | 41