Conducting a National Inquiry into Systemic Patterns of Human Rights Violation
An alternative approach is to divide issues or sectors across the public hearings so that, for example,
academics appear in one venue and government officials in another and NGOs in a third. If this approach
is taken, the inquiry should be careful to ensure that, on each occasion, victims who live locally have
opportunities to speak, even if there is some repetition in what they have to say.
Another approach is to look at different aspects of the issue or situation at different public hearings.
Take an inquiry into rural education as an example. The inquiry might examine aspects affecting children
with disability in one public hearing and aspects affecting indigenous children at another. The particular
aspect to be examined and the particular location for the hearing can be chosen to ensure an appropriate
match between the aspect and the location. So indigenous education could be examined in a hearing
conducted in an indigenous community and education for children with disability might be examined in
a hearing conducted in a school that caters especially for them. Choosing appropriate locations is as
important as choosing the most relevant people to give evidence.
11.9. RECORDING THE EVIDENCE
Before the hearings begin, the inquiry will need to decide how the evidence to be provided should be
recorded. Arrangements will need to be made for the recording, in whatever form the inquiry requires.
Recording is important because the evidence given at the public hearings is important. The inquiry will
want to ground its findings and recommendations as firmly as possible in the evidence it receives. That
is what gives the findings and recommendations legitimacy and strength. In doing this, the inquiry’s
report should refer to and quote extensively from the evidence given at the hearings, including the actual
words of victims, witnesses and other experts. Direct quotation enables the victims, witnesses and
other experts to speak directly, in their own words, to readers of the inquiry report. It gives the report a
personal dimension and an immediacy that more academic or legal writing cannot give.
The easiest and least expensive means of recording hearings is audio recording. Audio recording
requires little equipment – only a microphone near the speaker and a recording device – and little
expertise. Inquiry staff themselves could do the recording. For a higher-quality recording, the inquiry
could arrange broadcast-quality recording by professional technicians with professional equipment. This
would enable the recordings to be edited and used in audio and video programmes about the inquiry.
Video recording is also possible and these days it can be as easy to do as audio recording. However,
it can also be considerably more expensive if it is to be recorded at high quality for telecast purposes.
Some high quality video footage of the public hearings should be taken, nonetheless, for use in news
programmes and documentaries about the inquiry but it is probably not financially feasible to do high
quality video recording of the whole hearings.
Whether the hearings are recorded by audio alone or by video, the inquiry will require at least some
transcripts of the evidence so that it can be referred to and quoted in the report. Full transcription is
desirable but it is very expensive. It may be sufficient to ensure that the evidence of all witnesses before
the hearings is well indexed to enable material to be accessed easily from the audio or video tapes and
transcribed only to the extent required.
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