The United Nations Declaration on the
Conducting investigations
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- 3.1. Interview
- 3.2. Keeping records
- 4. Recommendations and remedies/redress
3. Conducting investigationsA number of practical steps can be taken to facilitate an effective investigation into an allegation of a human rights violation against an indigenous person/people.240 When a complaint is made, it is important to collect all possible information that might help support the allegation. However, the collection of this information should not be done in a way that violates any cultural protocols of the relevant indigenous people. 3.1. InterviewThe first step is to promptly interview the complainant, preferably in person, and with an interpreter if required. The next step is to test the information from the interview. It is important to consider if: The testimony is consistent with other independent sources (e.g. indigenous peoples’ organizations or relevant NGOs) The testimony corresponds with known policies and patterns of behaviour that impact indigenous peoples Other testimonies and evidence corroborate the complainant’s statement The testimony is understood by the NHRI officer in light of language and cultural differences.
3.2. Keeping recordsRecording information for use is a necessary part of any investigation. All information gathered in relation to an allegation of a human rights violation against an indigenous person/people should be properly recorded in a file, including: Testimonies Statements or complaints Relevant records Photographs Affidavits Information and responses from authorities Other relevant information (i.e. information supplied by indigenous peoples’ organizations). 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.
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