The United Nations Declaration on the

Building trust with indigenous peoples’ organizations

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3. Creating an indigenous presence within NHRIs

2. Building trust with indigenous peoples’ organizations

In order to foster effective engagement with indigenous peoples, NHRIs must do more than ensure that their structures are accessible. Cooperative working relationships based on trust and mutual respect must be fostered between NHRIs and indigenous peoples and indigenous peoples’ organizations. The duty to consult and the principle of free, prior and informed consent should guide the development of these relationships.

The Canadian Human Rights Commission participates at annual general meetings of First Nations and other indigenous peoples’ stakeholder groups. At these meetings the Commission distributes education and awareness raising materials on human rights and on the Commission’s functions. This participation helps build relationships of trust and confidence between the Commission and First Nations peoples.

The Commission’s also hosts Discrimination Prevention Forums to help strengthen partnerships and networking connections. In 2010, the Commission’s Circle of Awareness, Cycle of Growth Forum focused on the rights of indigenous peoples, particularly issues relating to the workplace.^¹⁷⁰ The Forum enabled indigenous, corporate, Government and NGO participants to interact in an informal setting, which included practical workshops and plenary sessions.

Indigenous peoples’ organizations can provide expertise to the NHRI to ensure that its activities to engage indigenous peoples are properly targeted and are culturally and linguistically appropriate. Furthermore, cooperative relationships with indigenous peoples’ organizations can help foster a perception of legitimacy of the NHRI and its work in the eyes of the relevant indigenous peoples. This can help break down a possible reluctance to engage with the NHRI.

The need for cooperative engagement with indigenous peoples’ organizations is discussed in more detail in Chapter 7, in the context of the promotional activities of NHRIs.

3. Creating an indigenous presence within NHRIs

In addition to cooperative engagement with indigenous peoples’ organizations, the staffing composition of NHRIs should reflect the diversity of their constituencies. It is particularly important that vulnerable groups, including indigenous peoples, are represented in the workforce of NHRIs and are consulted on activities and policies of NHRIs which impact on indigenous rights and indigenous communities. Workforce representation needs to occur throughout the organization, including at decision-making levels.^¹⁷¹

As far as possible, NHRIs should advertise vacancies widely outside of capital cities so that indigenous candidates living in rural areas have the opportunity to apply for vacancies. Once appointed, indigenous staff can be a valuable source of knowledge for NHRIs regarding issues, customs and cultural sensitivities of indigenous peoples. Indigenous NHRI staff can also help indigenous communities to better understand the role and functions of the NHRI. However, the mere presence of indigenous staff in NHRIs may not be sufficient to gain the trust of indigenous communities. To better ensure that indigenous staff are seen as credible appointees, NHRIs should ensure that the recruitment of indigenous staff is carried out in an open, fair and consultative manner.

Within the Procurador de los Derechos Humanos de Guatemala is the Office for the Protection of Rights of Indigenous Peoples. The Office was created in 1998 with the aim of defining policies and general strategies for the Ombudsman to confront violations of indigenous peoples’ human rights. This includes violations of collective rights.

The Ombudsman employs 51 indigenous staff who can speak their mother tongue, which assists the institution to receive complaints made by indigenous people in their own language.^¹⁷²

Employment programmes and targeted hiring policies to attract indigenous peoples can be effective tools to enhance an indigenous “presence” within NHRIs.

The New Zealand Human Rights Commission^¹⁷³ has a specific mandate to “‘promote by research, education and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law”.

The Commission promotes the Declaration alongside its Treaty work. The team within the Commission tasked with leading this work is called “Ahi Kaa”, which in the Maori language means “to keep the home fires burning”.

In practice, its role is to:

Facilitate relationships between the Commission and Maori communities

Provide advocacy and leadership for the Commission’s role in promoting respect for, and an understanding of, indigenous rights

Promote the Treaty of Waitangi to the public as the promise of two peoples to take the best possible care of each other

Assist the Commission to include indigenous rights and the Treaty across all of the work of the Commission.

Creating an indigenous presence within NHRIs can also be advanced through specific programmes of work. NHRIs could seek to establish units or programmes specifically focused on advancing the protection, promotion and realization of the human rights of indigenous peoples.

NEW DELHI GUIDELINES ON THE ESTABLISHMENT OF NATIONAL INSTITUTIONS ON THE RIGHTS OF INDIGENOUS PEOPLES^¹⁷⁴

In October 2008, representatives of indigenous peoples attended a regional conference organized by Asian Indigenous and Tribal Peoples Network. The conference adopted guidelines for the establishment of any National Institution on the Rights of Indigenous Peoples.

These guidelines focused on areas including:

Constitution; mandate, staff composition and appointment and structure

Functions and powers; quasi-judicial functions, investigatory powers

Procedures; inquires and reporting

Financial autonomy.

These guidelines can assist NHRIs in establishing indigenous-specific units within their institutions.

A programme of work could either be general in nature (i.e. focusing on the entire situation of the indigenous peoples within the specific State) or targeted to a particular thematic area (i.e. focusing on indigenous peoples rights to lands, territories and resources). Staff employed in these programmes should meet additional selection criteria, which ensure that they are suitably skilled and experienced to work sensitively and appropriately with indigenous peoples.^¹⁷⁵

If suitable staff cannot be identified, NHRIs could engage appropriately qualified and experienced consultants to work on the relevant programmes or projects. Partnerships and collaborations with indigenous peoples’ organizations will again be important in this regard.

The Aboriginal and Torres Islander Social Justice Commissioner of the Australian Human Rights Commission^¹⁷⁶ has a mandate to promote, advocate and monitor the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples (the indigenous peoples of Australia). This work includes an annual report to the Parliament of Australia that makes recommendations regarding the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples and an annual report on the effect of the Native Title Act on the exercise and enjoyment of these nights.

The Special Rapporteur on the rights of indigenous peoples stated that:

... the position of the Aboriginal and Torres Strait Islander Social Justice Commissioner within the Australian Human Rights Commission [is] an exceptional model for advancing the recognition and protection of rights of indigenous peoples.^¹⁷⁷

The Commissioner is supported by a small team of policy staff in the Social Justice Unit of the Commission. All staff employed in the Social Justice Unit are required to meet two additional selection criteria:

A demonstrated knowledge and understanding of human rights issues facing Aboriginal and Torres Strait Islanders in contemporary Australian society and the diversity of circumstances of Aboriginal and Torres Strait Islander peoples

A demonstrated ability to communicate sensitively and effectively with Aboriginal peoples and Torres Strait Islanders.

These criteria help ensure that the staff of the Social Justice Unit can work effectively to assist the Commissioner’s work and have the skills to engage appropriately with indigenous peoples and their organizations.

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