Part II National human rights institutions’ domestic activities and functions In addition, relevant reports on human rights violations faced by indigenous peoples should be kept, including: • Data on the number of complaints received and resolved relating to indigenous peoples • Decisions in relevant court cases (i.e. domestic, in other jurisdictions and by intergovernmental bodies) • Reports prepared by NGOs and indigenous peoples’ organizations • Reports of international and regional bodies (i.e. by the Special Rapporteur on the rights of indigenous peoples, the Permanent Forum or the Expert Mechanism) and by other NHRIs • Media reports of indigenous peoples’ human rights violations. This additional information can be used to help cross-check allegations and identify consistent patterns of human rights violations. All information should by systemically collated in a formal recording format that allows others within the NHRI to analyse and use the information appropriately. Records with confidential information should be kept in a secure location and possibly be de-identified. In recording and storing this information, NHRIs must be cognizant that indigenous peoples have suffered from a legacy of misappropriation of their identity, culture and decision-making powers. This appropriation has frequently been in the form of State records. Ownership and control of these records resides in the creator, in this case the State. However, these records might contain images of important forms of cultural expression and indigenous knowledges (i.e. dance or ceremony).242 This legacy has two main impacts on the ability of NHRIs to create an effective record from investigating a complaint made by an indigenous person/people. First, there may be a reluctance to provide information for the NHRI to record. Second, there may be a need to develop, in conjunction with indigenous peoples, a protocol for the recording and archiving of records pertaining to indigenous peoples. Principles from the Declaration can guide the development of such a protocol, including: • Self-determination • Participation in decision-making • Free, prior and informed consent • Rights to culture.243 If a protocol is developed and is subsequently promoted to indigenous communities, it is likely to reduce the reluctance to provide information for the NHRI to record. 4. RECOMMENDATIONS AND REMEDIES/REDRESS Depending on the mandate of the NHRI, it may be empowered to issue “findings” or recommendations following the investigation of a complaint of human rights violation. In some situations, NHRIs can call for the payment of compensation to victims. Some NHRIs have used this aspect of their mandate after investigating complaints of violations of economic, social and cultural rights, including matters specifically pertaining to indigenous peoples. 242 L. Iacovino, “Rethinking archival, ethical and legal frameworks for records of Indigenous Australian communities: a participant relationship model of rights and responsibilities” in Archival Science, Vol. 10 (4) (30 June 2010). 243 M. Gooda, “The practical power of human rights: how international human rights standards can inform archival and record keeping practices” in Archival Science, Vol. 12 (2) (1 June 2012), p. 141. Chapter 9: Investigations and complaints | 89