Chapter 10:
Obtain information:
Research and evidence
KEY QUESTIONS
• What information does the inquiry require?
• How will that information be obtained?
• What research should be commissioned?
• What evidence will be required?
10.1. THE NEED FOR INFORMATION
A large part of the work of a national inquiry is obtaining sufficient reliable information to enable the NHRI
to analyse and understand the situation being investigated and develop recommendations to remedy
violations, to prevent further violations and to enable the fulfilment of human rights. No national inquiry
can gather every fact on any situation. Its concern should be to obtain sufficient information to enable it
to achieve its objectives and address the terms of reference. The information obtained must be reliable.
Inaccurate information leads to wrong conclusions and ineffective recommendations. It also undermines
the credibility of the national inquiry and, as a result, the significance of its report.
A national inquiry has two principal sources of information: research that it undertakes itself or
commissions for the purposes of the inquiry and evidence obtained from witnesses. The first task is to
identify what information the inquiry needs.
10.2. WHAT INFORMATION IS NEEDED?
The first task is to undertake a literature review to find what data is already available and what research
has already been done. That information is evaluated for its relevance to the inquiry and irrelevant
information is put aside. The remaining information is then analysed to identify gaps that will need to be
filled by the inquiry. These gaps will usually fall within four areas:
• hard data, that is, statistics that reveal the nature of the problem being investigated, the people
affected by it, and the nature of the effects on these people
• review and analysis of relevant legislation
• review and analysis of relevant government policies and programmes
• analysis of applicable human rights law.
The data must allow for disaggregation, for example by gender or ethnicity or disability status, to help
uncover patterns of disadvantage and inequality that might otherwise remain hidden.
An important part of the information needed will be the experiences of those affected by the human
rights situation. The inquiry is not a merely academic study. It is a public process through which the
voices of victims are brought to public notice and their experiences are acknowledged and recognised.
These voices and experiences are primarily gathered through the public hearings but many will come to
the inquiry through written submissions and as a result of research.
Chapter 10: Obtain information: Research and evidence | 43