Part II Protecting and promoting the rights of women and girls: NHRIs in action
Capacity also includes expertise on the inquiry subject. While the NHRI may be able to call on external
advisers, it is important that those directly involved in the inquiry have a general understanding of the
issue, as well as the broader context, including its social, political and economic dimensions. In the case
of inquiries related to women’s human rights, the NHRI should be confident that it possesses – or can
readily acquire – expertise in all relevant areas of the subject.
The NHRI must also consider the question of effectiveness. In other words, what is the likelihood of
an inquiry actually having a positive impact on the human rights of women and girls? Realization of
human rights is a long-term effort and no inquiry can, by itself, be expected to solve long-standing
and entrenched problems. However, it is important to assess the prospect of the inquiry leading to
recommendations that can be implemented and that will make a difference.
Finally, the NHRI must consider whether it is the most appropriate body to conduct the inquiry. Will an
effective inquiry enhance the profile of the NHRI and its reputation within the community? Is the subject
better suited to investigation by a governmental or even quasi-judicial body? Is there another agency –
for example, one that has a closer connection to the issue or that deals specifically with women – that
would be better suited to lead the inquiry, with the NHRI playing a supporting role?
6.3. ESTABLISHING THE INQUIRY
The Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violation sets out
a number of steps that need to be taken to establish any national inquiry including:
• Choosing the issue
• Preparing a background or scoping paper
• Identifying, consulting and engaging stakeholders
• Drafting objectives and terms of reference
• Appointing Inquiry Commissioners and staff
• Gathering other resources
• Finalizing an inquiry plan.
These steps are necessary for any inquiry and the Manual should be consulted for detailed guidance on
what is required under each of them.107 The following section focus specifically on those steps that have
a gender dimension or that may otherwise require particular consideration when the inquiry relates to
the human rights of women and girls.
Choosing the issue: Identifying the subject and scope of the inquiry is a critical decision and one that
must not be taken lightly. The NHRI should ensure that any decision is based on a thorough initial review
of information from all available sources, including those of the NHRI itself, such as its complaints data,
training programmes and outreach activities. Experience from NHRIs in all regions of the world, including
the Asia Pacific, confirms the following are important points to consider:
• The issue should be objectively significant in the country, considering the numbers of people
affected, the severity of the violations or the widespread nature of the violations.
• The issue should have the potential to build broad, long-term public understanding and support
for significant change.
• The issue should ideally be one that will attract the support and engagement of civil society
groups that have the capacity and willingness to collaborate effectively and advocate for the
recommendations.
• The inquiry should seek to break new ground. It should not cover issues that have been the
subject of previous inquiries, undertaken either by the NHRI or other bodies.
107
See Chapters 3–9 of the Manual on Conducting a National Inquiry.
Chapter 6: Conducting inquiries into systemic violations of women’s and girls’ human rights | 71