The United Nations Declaration on the

131United Nations Permanent Forum on Indigenous Issues, “Report of the International Workshop on Methodologies regarding Free, Prior and Informed Consent and Indigenous Peoples, New York, United States of America, 17-19 January 2005” (E/C.19/2005/3), paras. 46-49.

132United Nations Development Programme, UNDP and Indigenous Peoples: A Policy of Engagement (2001).

133Inter-American Development Bank, Operational Policy on Indigenous Peoples and Strategy for Indigenous Development (2006), p. 34.

134Ibid., p. 39.

135European Bank for Reconstruction and Development, Performance Requirement PR-7 (2008).

136Inter-American Commission on Human Rights, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-American Human Rights System (OEA/Ser.L/V/II. Doc. 56/09, 2009), para. 56.

137E/2007/43 and E/C.19/2007/12, paras. 5-6.

138E/CN.4/Sub.2/2004/30, para. 58.

139E/CN.4/Sub.2/2001/21, para. 34.

140Ibid., paras. 48-84.

141A/HRC/18/35.

142Mayagna (Sumo) Awas Tingni Community v Nicaragua, Inter-American Court of Human Rights, Judgment of 31 August 2001, Series C N0. 66, para. 151.

143Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya, African Commission on Human and People’s Rights, 276/2003 (4 February 2010), para. 209.

144See, for example, the Special Rapporteur’s reports to the Human Rights Council on extractive industries operating within or near indigenous territories (A/HRC/18/35 and A/HRC/21/47).

145E/CN.4/2006/41/Add.3, p. 22.

146A/HRC/13/33/Add.5.

147A/65/264, para. 25.

148United Nations Permanent Forum on Indigenous Issues, “Indigenous peoples: development with culture and identity: articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Report of the international expert group meeting, New York, United States of America, 19-30 April 2010” (E/C.19/2010/14), paras. 19-22.

149Ibid., paras. 40, 42 and 44.

150See also J. Gilbert and C. Doyle, “A New Dawn over the Land: Shedding Light on Collective Ownership and Consent” in Reflections on the UN Declaration on the Rights of Indigenous Peoples, S. Allen and A. Xanthaki, eds. (2011), p. 299.

151A/64/338, para. 48.

152A/HRC/9/9, paras. 85-86.

153Joint statement by Acting United Nations High Commissioner for Human Rights and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (9 August 2008), available at www.un.org/events/indigenous/2008/hcmessage.shtml.

154See, for example, articles 38, 41 and 42 of the Declaration.

155For example, the Special Rapporteur recommended that the Russian Federation should “engage in a comprehensive review of the laws and policies of the Russian Federation to ensure their compatibility with the Declaration, and take further coordinated action to implement the standards of the Declaration within the particular context of indigenous peoples in Russia” (A/HRC/15/37/Add.5), para. 82.

156CCPR/C/TGO/CO/4, para. 21.

157“General Assembly adopts Declaration on the Rights of Indigenous Peoples; ‘Major step forward’ towards human rights for all, says President, 61st session of the General Assembly, 107th and 108th Plenary Meeting” (GA/10612), 13 September 2007.

158See, for example, A/HRC/12/8/Add.1, para. 6; and A/HRC/11/17, para. 86 and recommendations 45 and 52.

159E. Voyiakis, “Voting in the General Assembly as Evidence of Customary International Law?” in Reflections on the UN Declaration on the Rights of Indigenous Peoples, 216.

160E/C.19/2009/14, annex, para. 9.

161A/65/264.

162E/C.19/2009/14, annex, paras. 6-13; and J. Anaya and S. Wiessner, “OP-ED: The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment” in Jurist, 3 October 2007, available at http://jurist.org/forum/2007/10/un-declaration-on-rights-of-indigenous.php.

163It should be remembered that the role of corporations – particularly transnational corporations – is coming under increasing spotlight by the human rights sphere. See, for example, A/HRC/15/37, paras. 26-91.

164APF, Advisory Council of Jurists Reference on Human Rights, Corporate Accountability and Government Responsibility (2008).

165National Human Rights Institutions: History, Principles, Roles and Responsibilities, Professional Training Series No. 4/Rev.1 (United Nations publication, Sales No. E.09.XIV.4), p. 13.

166Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

167Ibid.

168National Human Rights Institutions: History, Principles, Roles and Responsibilities, pp. 82-83.

169Presentation to OHCHR workshop, Toward an Operational Guide for National Human Rights Institutions: Possible good practices in addressing the rights of Indigenous Peoples, Geneva, Switzerland, 11 July 2011.

170Further information is available at www.chrc-ccdp.ca/preventing_discrimination/forum_2010_forum/archives-eng.aspx.

171See the New Delhi Guidelines on the establishment of National Institutions on the Rights of Indigenous Peoples, available at www.aitpn.org/NIRIPS/new_delhi_guidelines.pdf.

172Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

173Information provided by the New Zealand Human Rights Commission.

174Available at www.aitpn.org/NIRIPS/new_delhi_guidelines.pdf.

175Ibid.

176Information provided by the Australian Human Rights Commission.

177A/HRC/15/37Add.4, para. 78.

178Further information is available at www.jus.uio.no/smr/english/about/national-institution/about/advisory-committee.html.

179United Nations Development Group, Guidelines on Indigenous Peoples’ Issues (2009), p. 26.

180General Assembly resolution 48/121.

181United Nations Development Group, The Human Rights Based Approach to Development Cooperation: Towards a Common Understanding Among UN Agencies (2003).

182Philippines Commission on Human Rights and the New Zealand Human Rights Commission, Building Human Rights Communities: The experience of three indigenous peoples in the Philippines (2011).

183United Nations Development Group, Guidelines on Indigenous Peoples’ Issues (2009), pp. 12-16.

184Defensoria del Pueblo de Perú, Department Report No. 011-2009-DP/AMASPPI-PPI (2009).

185 Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993) on the establishment of national institutions to facilitate implementation of the Convention.

186See, for example, article 13 of the International Covenant on Economic, Social and Cultural Rights.

187A/HRC/12/34/Add.2, para. 77.

188National Human Rights Institutions: History, Principles, Roles and Responsibilities; p. 57.

189Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

190Canadian Human Rights Commission, Human Rights Handbook for First Nations: Rights, Responsibility and Respect (2011), available at http://doyouknowyourrights.ca/nai-ina/pdf/fn_handbook.pdf.

191Presentation to OHCHR workshop, Towards an Operational Guide for National Human Rights Institutions: Possible good practices in addressing the rights of Indigenous Peoples.

192Amnesty International, National Human Rights Institutions: Recommendations for Effective Protection and Promotion of Human Rights (2001).

193Information provided by the Australian Human Rights Commission.

194Presentation to subregional consultation organized by OHCHR, The Operationalization of the United Nations Declaration on the Rights of Indigenous Peoples by National Human Rights Institutions, Auckland, New Zealand, 1-3 December 2010.

195Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

196APF, Association for the Prevention of Torture and OHCHR, Preventing Torture: An Operational Guide for National Human Rights Institutions (2010), p. 56.

197More information is available at www.hrc.co.nz/human-rights-and-the-treaty-of-waitangi/united-nations-declaration-on-the-rights-of-indigenous-peoples.

198More information is available at www.docip.org/About-doCip.4.0.html.

199OHCHR, Note on the outcome of the subregional consultation, The Operationalization of the United Nations Declaration on the Rights of Indigenous Peoples by National Human Rights Institutions.

200Responses to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

201More information is available at www.nchr.org.jo/english/home.aspx.

202More information is available at www.witness.org.

203 Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993) on the establishment of national institutions to facilitate implementation of the Convention.

204National Human Rights Institutions: History, Principles, Roles and Responsibilities, p. 105.

205Manual on Human Rights Monitoring, Professional Training Series No. 7/Rev.1 (United Nations publication, forthcoming).

206United Nations Development Programme and Office of the United Nations High Commissioner for Human Rights, Toolkit for Collaborating with National Human Rights Institutions (2010), pp. 34-35.

207Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

208National Human Rights Institutions: Recommendations for Effective Protection and Promotion of Human Rights, recommendation 3.7.

209Abuja Guidelines on the Relationship Between Parliaments, Parliamentarians and Commonwealth National Human Rights Institutions (2004), available at www.agora-parl.org/node/1514.

210Ibid.

211Canada’s Statement of Support on the United Nations Declaration on the Rights of Indigenous Peoples (12 November 2010) is available at www.aadnc-aandc.gc.ca/eng/1309374239861.

212Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

213A reservation is defined as “a unilateral statement… made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State”; Vienna Convention on the Law of Treaties, article 2 (1) (d). Note also that article 19 of the Vienna Convention provides that a State may make a reservation unless it is prohibited by the treaty or it is incompatible with the object and purpose of that treaty.

214National Human Rights Commission of Bangladesh, National seminar on ILO convention 169 and human rights of indigenous peoples in Bangladesh, Dhaka, Bangladesh, 8 June 2011. Further information is available at www.nhrc.org.bd/PDF/seminar%20on%20169.pdf.

215A State’s legal and political system will determine whether it is a monist of a dualist State. See The International Covenant on Civil and Political Rights: Cases, Materials and Commentary (2nd ed.); S. Joseph, J. Schultz and M. Castan, eds. (2004); p. 14.

216National Human Rights Commission of Nepal, NHRC e-bulletin, Vol. 5, No. 3 (13 June 2007), p. 4, available at http://nhrcnepal.org/nhrc_new/doc/newsletter/Ebulletin-Vol5-5.pdf.

217Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

218See R v Secretary of State for the Home Department ex parte Brind (1991) AC 696, p. 747; Attorney General of Botswana v Dow (1994) (6) BCLR 1, paras. 29-30; and The International Covenant on Civil and Political Rights: Cases, Materials and Commentary, p. 16.

219Manuel Coy et al v The Attorney General of Belize et al, Supreme Court of Belize, Claims No. 171 and 172 (2007). See also
A/HRC/9/9, para. 54.

220Human Rights Committee, general comment No. 3 (1981) on implementation at the national level (article 2).

221Toolkit for Collaborating with National Human Rights Institutions, p. 38.

222Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

223Ibid.

224A/HRC/9/9, paras. 52-53.

225A/HRC/15/37/Add.4, para. 74.

226More information is available at www.jus.uio.no/smr/english/about/national-institution/.

227Toolkit for Collaborating with National Human Rights Institutions, p. 32.

228Commission on Human Rights of the Philippines, “Statement on the human rights situation in Barangay Dipidio, Kasibu, Nueva Vizcaya” (17 January 2011), available at www.chr.gov.ph/MAIN%20PAGES/news/PS_17Jan2011_didipio.htm.

229Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

230Bill C-21 2008 (Canada), s. 1.22.

231Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

232For further discussion of this issue, see Chapter 5.

233National Human Rights Institutions: History, Principles, Roles and Responsibilities, pp. 93-95.

234The United Nations Country Team (UNCT) exists in 136 countries, covering all of the 180 countries where there are United Nations programmes, predominantly in the developing world. The UNCT ensures inter-agency coordination and decision-making at the country level. Their main purpose is for individual agencies to plan and work together to ensure the delivery of tangible results in support of the development agenda of the Government. More information is available at www.undg.org/index.cfm?P=1257.

235More information is available at www.nhrc.nic.in/nhrc.htm.

236Toolkit for Collaborating with National Human Rights Institutions, p. 33.

237Ibid., pp. 30-31.

238National Human Rights Institutions: Recommendations for Effective Protection and Promotion of Human Rights.

239APF, Promoting and Protecting the Rights of Migrant Workers: The Role of National Human Rights Institutions (2012), p. 89.

240Information in this section is primarily drawn from Preventing Torture: An Operational Guide for National Human Rights Institutions, pp 36-42.

241Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.

242L. 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).

243M. 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.

244This case was cited in material prepared by Mario Gomez on “National Human Rights Commissions and ESC Rights” for Circle of Rights, Economic, Social and Cultural Rights Activism: A Training Resource, available at www1.umn.edu/humanrts/edumat/IHRIP/circle/modules/module23.htm#_edn13.

245The Manual was published in 2012 and is available at www.asiapacificforum.net/support/resources.

246Information provided by the Australian Human Rights Commission.

247The report is available at www.humanrights.gov.au/social_justice/bth_report/index.html.

248More information is available at www.humanrights.gov.au/education/bringing_them_home/index.html.

249More information is available at www.suhakam.org.my/web/682315/1.

250Human Rights Commission of Malaysia, “SUHAKAM to conduct a national inquiry into the land rights of indigenous peoples in Malaysia”, available at www.suhakam.org.my/web/682315/13.

251South African Human Rights Commission, Report on the Inquiry into Human Rights Violations in the Khomani San Community (2004), pp. 9-10, available at: www.sahrc.org.za/home/21/files/Reports/KHOMANI_SAN_ENGLISH_FINAL.pdf.

252Ibid., p. 4.

253Human Rights Council resolution 5/1, para. 3 (m).

254Human Rights Council resolution 16/21, as supplemented by Human Rights Council resolution 17/119.

255On 14 July 2011, the General Assembly admitted South Sudan as the 193rd Member of the United Nations.

256Human Rights Council resolution 5/1 and Human Rights Council resolution 16/21.

257Human Rights Council resolution 5/1, para. 4.

258A/HRC/9/9, para. 63.

259J. Anaya, International Human Rights and Indigenous Peoples (2009), p. 106.

260International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, National Human Rights Institutions and Universal Periodic Review Follow-up, pp. 1-2, available at http://nhri.ohchr.org/EN/IHRS/UPR/Pages/default.aspx.

261Human Rights Council resolution 5/1, part I.D, para. 15.

262Human Rights Council resolution 5/1, part I.D, para. 15 (a).

263APF, UPR Good Practice Compilation (2010), para. 3, available at www.asiapacificforum.net/working-with-others/un/human-rights-council/upr.

264Human Rights Council resolution 16/21, part I.C.1, para. 9.

265Human Rights Council resolution 5/1, part I.E, para. 26.

266A compiled list of recommendations that each State has accepted or rejected is available at www.upr-info.org.

267Human Rights Council resolution 16/21, part I.C.2, para. 13.

268Human Rights Council resolution 16/21, part I.C.1, para. 6.

269A/HRC/14/NI/10.

270National Human Rights Institutions and Universal Period Review Follow-Up, pp. 1-2.

271This information is available at www.ohchr.org/EN/HRBodies/UPR/Pages/NoteNHRIS.aspx.

272Information provided by the Australian Human Rights Commission.

273National Human Rights Institutions and Universal Periodic Review Follow-up, p. 3.

274Ibid., p. 6.

275A compiled list of the special procedures is available at www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx.

276APF,

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