The primary responsibility for the promotion and protection of indigenous peoples’ human rights resides with States.163
By definition, NHRIs play a pivotal role in assisting their State to meet its human rights obligations. They can play a crucial role in advocating, lobbying and advising the State and others, such as corporations, to uphold their responsibilities.164
NHRIs can play an important role in raising public awareness of human rights issues and have strategic opportunities to collaborate with indigenous peoples’ organizations and other NGOs to address indigenous peoples’ human rights issues.
NHRIs also monitor State compliance with national and international human rights standards and many have complaint handling and investigatory functions.
Finally, NHRIs are uniquely placed to engage with the international human rights system, both in contributing to international reporting processes and disseminating relevant information domestically.
Part II of this Manual describes the practical actions that NHRIs can take to advance the rights of indigenous peoples, as articulated in the Declaration.
Chapter 6:
Accessibility of NHRIs to indigenous peoples
Key questions
How can NHRIs promote and position themselves to be accessible to indigenous peoples?
How can NHRIs effectively engage with indigenous peoples?
How can NHRIs build an indigenous presence within their institution?
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FOUNDING PRINCIPLES FOR NHRI INVOLVEMENT
Paris Principles
Competence and responsibilities
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:
(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
(g) 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.
Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
(a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists.
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Methods of operation
Within the framework of its operation, the national institution shall:
(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions.
(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular, ombudsmen, mediators and similar institutions).
(g) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
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For NHRIs to effectively contribute to the protection, promotion and realization of indigenous peoples’ human rights, they must be structured and operate in a manner that is readily accessible to indigenous peoples and the broader public.
1. Accessibility 1.1. Promoting awareness of the independence of NHRIs
It is important that NHRIs promote themselves and their functions to the community.
This self-promotion becomes more important when targeting minority or marginalized groups, such as indigenous peoples. Unless indigenous peoples are aware of the existence and functions of the NHRI, they will not find it accessible.
Standard forms of communication may not be sufficient when undertaking outreach activities that seek to engage indigenous peoples. Consistent with human rights principles, it is the responsibility of the NHRI to adjust its promotional messaging to meet the needs of its diverse constituency, including the needs of indigenous peoples. Accordingly, NHRIs will need to develop flexible and culturally appropriate methods of outreach and to use indigenous languages when necessary.
One critical message that needs to be conveyed to indigenous peoples is that “A status” NHRIs – that is, those that comply with the Paris Principles – are independent bodies. Targeted promotional activities highlighting the independence of the NHRI from the State can build help awareness of that independence among indigenous peoples.
1.2. Promoting awareness of the activities of the NHRI
NHRIs should also recognize that, while they are independent bodies, they are also organs of their States. This could negatively impact on the perception of the NHRI by indigenous peoples. Given the historical legacies of State-sanctioned discrimination, it is not uncommon for indigenous peoples to be wary of engaging with government bodies. This wariness may also extend to the NHRI. Consequently, it is important that NHRIs provide clear messaging about their role, particularly their independence from the Government, and actively work with indigenous peoples to promote trust.165
The website of the Defensoría del Pueblo de Perú is available in both Spanish and an indigenous language (Quechua). Some awareness raising materials are also available in indigenous languages.166
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See Chapter 7 for a more detailed discussion of promotional strategies for NHRIs.
1.3. Accessibility
NHRIs must also be physically accessible to their constituencies. Indigenous peoples often live in geographically isolated locations and the physical inaccessibility of NHRIs can pose significant challenges.
The Kenya National Commission on Human Rights has two regional offices located in marginalized areas of the country and both have a significant population of indigenous peoples. The Commission plans to establish more regional offices.167
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It is not uncommon for NHRIs to have one office located in the country’s capital city or another central location with a large population. Funding constraints might make this situation an unavoidable reality.
Nevertheless, it is important that NHRIs do not unintentionally exclude people living in remote locations. Potential avenues to extend the reach of NHRIs include:
Geographical decentralization
Deployment of field officers
Creation of “consultation hubs”
Engagement with indigenous peoples’ organizations, peak bodies and representative bodies
Creative use of technology, including the internet and social networking media
Road shows in rural areas.
It is particularly important that the ability of NHRIs to receive and adequately investigate complaints of human rights violations is not hindered by their geographic location. Where necessary, NHRIs can develop alternative procedures that facilitate effective investigation and resolution of complaints without the need for individuals to personally attend the NHRI’s office.168
The Office of the Ombudsman in Namibia has undertaken a range of actions to increase its accessibility to people living in isolated areas. In addition to establishing two regional offices, 152 “visiting points” have been set up throughout the country. Depending on budget, these locations are visited two or three times each year to collect complaints.
To complement the regional complaint intake clinic programmes, the Ombudsman also visits indigenous communities for “community meetings”. The purpose is to meet traditional chiefs and inform them and community members of the functions and duties of the Ombudsman and to attend to matters brought to the Office.
The Ombudsman also uses radio as a tool to reach the remote and largely illiterate indigenous communities in the country. The Namibia Broadcasting Corporation broadcasts in all indigenous languages. Radio spots are used to provide information on human rights and the role of the Ombudsman, which is presented by a staff member in an indigenous language.169
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In addition to physical accessibility, NHRIs need to be culturally accessible to indigenous peoples. NHRIs can take a range of actions to ensure that as an institution indigenous peoples feel culturally safe when they engage with it. Some of these actions are detailed in the following subsections.
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