4.5. MATTERS TO BE INVESTIGATED In providing an overview of the situation, the background paper should seek to identify those matters that will be the focus of the inquiry’s investigation. It will indicate where there are gaps in data or information, including in relation to the incidence of human rights violation, the spread of violations, the level of impact, differential impacts and so on. These gaps will need to be investigated so that the necessary data or information is available for analysis. The background paper will provide an initial structural analysis of who within the political system has responsibility for the situation, what they have done about it and with what degree of success. The background paper will also include the exploration of options, examining both domestic and international experience in addressing violations of human rights and in developing effective measures for the better enjoyment of human rights. It will identify all relevant stakeholders and the possible roles they can play, within their areas of responsibility, in addressing the human rights violation. In part, these two areas can be addressed by way of a “gap analysis”, asking what more needs to be done and who in addition needs to do something. The objectives and terms of reference for a national inquiry are discussed further in Chapter 6 of this manual. 4.6. POSSIBLE RESULTS The background paper may also address possible findings and recommendations that can be considered in preparing the final report of the national inquiry. The most challenging part of any national inquiry is making accurate findings and developing realistic recommendations. Clearly, an inquiry will only make its findings and form its recommendations when it has heard, considered and analysed all the evidence it receives. However, the broad directions and framework of findings and recommendations should be considered from the outset and throughout the inquiry process. Findings will often place responsibility for a situation on specific institutions or individuals. Fairness requires that the findings be firmly based on careful research and the evidence collected by the inquiry. In international human rights investigations, the standard applied for findings is ‘reasonable grounds’, not proof beyond reasonable doubt, which is the criminal standard. Fairness also requires that those who share responsibility for the situation be given an opportunity to provide evidence and explain their position. The role of a national inquiry is not primarily to attribute blame but rather to identify victims and make recommendations to provide redress and to ensure prevention in the future. In exploring possible results, the background paper should consider the advantages and disadvantages of possible alternative approaches. Every inquiry encounters a range of possible responses. These cannot all be accepted at face value. On the contrary, some will be beneficial and some could be detrimental to the achievement of the inquiry’s objectives. The background paper cannot make findings and recommendations – that is done in the inquiry report – but it can identify options and commence the process of assessing their potential effectiveness. It can also start to identify those who can contribute to addressing the situation so that recommendations to them can be developed. 4.7. HUMAN RIGHTS EDUCATION Because the principal objectives of a national inquiry include human rights education and raising awareness of the issues involved, the background paper should outline how this is to be done. It should include an initial strategy for this work. The effectiveness of the educational component requires strategies for gaining and maintaining public attention for the inquiry. The media cycle is short and the public attention span is limited. Unless the background paper and then the media strategy address this challenge, the inquiry will fail to achieve its objective as a vehicle for raising awareness and educating the community. Chapter 4: Prepare a background (scoping) paper | 19