Conducting a National Inquiry into Systemic Patterns of Human Rights Violation
• the ability to allocate the necessary time and energy to the conduct of the inquiry and its completion
on time and within budget
• the ability to work collaboratively in a team.
Integrity and political independence go to the credibility of the inquiry and so to its political impact and
acceptance, in other words, its effectiveness. Expertise and experience are the particular contributions
each Inquiry Commissioner will make to the inquiry itself and to its report and recommendations.
Commitment and availability ensure that the inquiry is a priority for the Inquiry Commissioners so that
each one personally is willing and able to do all that is necessary to contribute to its effectiveness.
Teamwork is essential as the key decisions must be made collegially, including approving the final report
with its findings and recommendations.
The Inquiry Commissioners can be members of the NHRI or external persons selected solely for the
purpose of the inquiry. A member of the NHRI is usually appointed to the inquiry as the inquiry chairperson
and there may be other members of the NHRI appointed as well. Where only some NHRI members are
to be involved, they will usually be those with greater knowledge of and expertise in the particular issue
being investigated. Some inquiries will be considered so significant that the NHRI decides that all its
members should participate in it.
The NHRI may also decide to appoint one or more external persons as Inquiry Commissioners because
of their special expertise and experience. External persons are usually appointed in addition to NHRI
members to supplement the expertise and experience of those members. In most NHRIs the members
are generalists rather than experts in a particular area of human rights and so they may look outside
the NHRI for specific expertise when they undertake a major project, such as a national inquiry, on a
particular human rights situation or area. They may look for expertise in a specific issue or a specific part
of the country or a particular discipline, such as law or economics or social policy.16
SAMOA OMBUDSMAN/NATIONAL HUMAN RIGHTS INSTITUTION:
NATIONAL INQUIRY INTO FAMILY VIOLENCE 2017–18
The Samoa Ombudsman, Maiava Iulai Toma, established the national inquiry
into family violence. He decided that he himself should chair the inquiry and
that he should be assisted by a number of Inquiry Commissioners with relevant
expertise. In appointing the Commissioners consideration was given to the
relevant skills, knowledge of family violence and personal integrity of potential
candidates while ensuring equal gender representation.
The Inquiry Commissioners who sat with the Ombudsman were:
• the Hon. Tolofuaivalelei Falemoe Leiataua, former Parliamentarian (Vice
Chairman);
• Tagaloatele Professor Peggy Dunlop, Professor of Pacific Studies, Auckland
University of Technology;
• Leasiolagi Professor Malama Meleisea, former Director for Samoa Studies,
National University of Samoa; and
• Falenaoti Mulitalo June Kolotita Ailuai Oloiali’i, Active Community Member
and Women’s Village Representative of Vavau, Samoa.16
16
34
Samoa Ombudsman/National Human Rights Institution, National Public Inquiry into Family Violence in Samoa 2018, p 43-44.
Available at https://ombudsman.gov.ws/wp-content/uploads/2019/01/2018_-SHRR-2018-National-Public-Inquiry-into-FamilyViolence_-English.pdf.