Part II National human rights institutions’ domestic activities and functions generate significant media attention and produce resources that can be used for subsequent education programmes. Consequently, a public inquiry can be a useful vehicle for building community understanding of indigenous peoples’ human rights challenges. 1.5. DEVELOP EFFECTIVE REMEDIES The recommendations from a public inquiry, which draw on evidence, analysis and research, will be credible and provide clear and practical steps to develop appropriate strategies that address the systemic human rights issues faced by indigenous peoples. 2. DISADVANTAGES OF A PUBLIC INQUIRY While conducting a public inquiry can be a very effective mechanism, it does present a series of challenges that NHRIs should closely consider before making the decision to proceed. 2.1. RESOURCES An effective public inquiry requires a significant investment of time, expertise and human and financial resources. The scale of the resources will depend on the scope of the inquiry (e.g. is it focusing on indigenous peoples’ human rights generally or a specific thematic area?). Commission members and policy, media and administrative staff of the NHRI will need to be assigned to undertake the inquiry. Where the NHRI does not have the necessary expertise, external consultants will need to be engaged. 2.2. COOPERATION OF WITNESSES AND ACCESS TO NECESSARY EVIDENCE As noted in Chapter 6, indigenous peoples might be reluctant to engage with the inquiry as the NHRI may be perceived to be an organ of the State. Certain human rights issues that could be investigated are sensitive and indigenous witnesses may be reluctant to speak publicly about them. Furthermore, the fear of reprisal could inhibit people from sharing information or providing evidence. Language may also be a barrier to accessing necessary information about the inquiry. In some instances, State bodies and officials may seek to block access to relevant information and evidence that is necessary for the NHRI to conduct a thorough investigation. 2.3. A ONE-OFF ACTIVITY RATHER THAN A PROCESS A public inquiry will put indigenous peoples’ human rights into the public spotlight for a specific period of time. However, the entrenched and systemic nature of many human rights challenges facing indigenous peoples will require a long-term strategy and a continuing monitoring process to ensure lasting change. 3. STEPS TO UNDERTAKE A PUBLIC INQUIRY 3.1. DEFINING TERMS OF REFERENCE The first step of a public inquiry is to define the aim, scope and timeframe of the public inquiry. As far as possible, it is important to involve indigenous peoples in this planning phase. This is probably best achieved through working with indigenous peoples’ organizations and peak bodies. Although this can be a detailed process, clearly defined terms of reference that have the buy-in of indigenous peoples are critical for a legitimate, focused and effective inquiry. Chapter 10: Public inquiries | 93