The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions Key features of an effective complaints investigatory mechanism have been identified as: • Adequate legal capacity • A defined and appropriate set of priorities • Organizational competence • The political will to pursue its work.229230231 HEARING COLLECTIVE COMPLAINTS229 In 2008, the Canadian Human Rights Act was amended to include the following provision: In a complaint made under the Canadian Human Rights Act … this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality.230 The Canadian Human Rights Commission has developed operational guidance on how it will apply the amendment. This guidance is based on research commissioned by experts in dialogues with Elders and legal practitioners, facilitated by the Indigenous Bar Association. AMICUS CURIAE OR INTERVENER IN COURT PROCEEDINGS The Nigerian Human Rights Commission intervened in a court case to seek an injunction to prevent the demolition of indigenous peoples’ land. The Defensor del Pueblo de la República de Ecuador has raised concerns with the courts in a number of criminal proceedings instituted against indigenous leaders or activists who have been charged with terrorism or other offences as a result of social protest. This has led to behaviour change in instances where violations of due process have been detected. 1. HEARING AND INVESTIGATING COMPLAINTS It is always preferable that the powers of NHRIs in relation to complaints investigation are entrenched in law, with clearly defined procedural responsibilities. From this basis, NHRIs can define the scope and role of a complaints investigatory mechanism and identify priority issues to be considered. During 2010, the Office for the Protection of the Rights of Indigenous People in Guatemala received 4155 complaints by indigenous peoples of probable violations of human rights. During this period, 91 cases of human rights violations against indigenous peoples were recorded.231 229 Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples. 230 Bill C-21 2008 (Canada), s. 1.22 231 Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples. 84 | Chapter 9: Investigations and complaints