Chapter 4: Prepare a background (scoping) paper KEY QUESTIONS • Why prepare a background paper? • What should a background paper contain? 4.1. PURPOSE OF THE BACKGROUND PAPER Having selected the issue for the national inquiry, the NHRI’s first task is to undertake a scoping process. The background or scoping paper forms the basis for the NHRI’s decision-making on whether to proceed with the proposed inquiry. The institution needs to have a firm grasp of what is proposed, including how it will be done and what it will cost, before it decides to approve the project. National inquiries are resource intensive. They are projects that affect every part of the NHRI’s work. Unless the institution makes an explicit, well-informed decision to commit to the project, the inquiry will be difficult to implement. It is also likely to cause internal frictions within the NHRI as it makes more and more demands on the institution as a whole. The background paper identifies the breadth of matters that arise under the particular issue and the nature of the inquiry processes. It is important that, at the very beginning, the NHRI clearly understands the broad scope of the issue, even if many details are unknown at that stage. While it is never possible to anticipate every element or situation that will arise during the course of a national inquiry, every effort should be made to ensure that the inquiry is not taken by surprise when it is underway. A major issue that arises unexpectedly may undermine the whole strategy of the inquiry or divert it into an entirely different direction. The background or scoping paper should establish that a national inquiry is appropriate to address the issue. It should identify the questions to be covered and chart the process of the inquiry. 4.2. CONTENTS OF THE BACKGROUND PAPER The background paper should be a major document that provides a full explanation of what the NHRI is undertaking through the national inquiry process and why it is doing it. To achieve this, the background paper should: • provide an overview of the situation to be addressed • outline the international human rights law that is relevant to the situation • outline the domestic or local law that is relevant to the situation • list the particular matters requiring investigation during the course of the inquiry • indicate some options for the results of the inquiry • describe how the inquiry will meet its human rights education objectives • set out the timetable for the conduct of the inquiry • state the resource requirements • summarise the views of NGOs and other relevant stakeholders concerning the inquiry. Chapter 4: Prepare a background (scoping) paper | 17