Conducting a National Inquiry into Systemic Patterns of Human Rights Violation 10.3. RESEARCH The inquiry then needs to determine what research needs to be done and who will do it. The research to be done can include updating existing research with more recent data and undertaking research into new questions or issues. Usually there is a good deal of existing information available about the issue but much of the data can be out of date. The inquiry needs current data, able to be disaggregated, so that its recommendations are based on firm foundations. If key data are more than one or two years old, the inquiry may need to supplement them with its own research. In addition, the inquiry may require information that is simply not available. There may be critical questions that need to be researched. These questions should be identified as early as possible in the inquiry’s timetable to ensure that the research can be undertaken and completed well before the inquiry comes to write its report and develop its recommendations. The inquiry could be seriously delayed if it does not address research gaps until it is well advanced. The whole process could stall while the research is undertaken, with the consequent loss of momentum jeopardising the success of the inquiry. The inquiry will need to consider whether the research is better conducted internally, by staff of the NHRI, or externally, by commissioned academics or other researchers. There are clear advantages in having research undertaken by staff of the NHRI, if they have the necessary expertise: • the research will be conducted under the immediate supervision of the senior staff of the inquiry • the inquiry will find it easier to ensure that it receives the information it needs in the form most suited to its use • the inquiry can better ensure the timely completion of the research • the NHRI will derive long-term benefit from its researchers’ increased experience and their increased expertise as a result of undertaking the research. However, NHRI staff may not have the necessary expertise and time to undertake the research. In this case, the inquiry will have to contract out the work to an academic institution or individual researchers. It will need to ensure that the contracted researchers have the expertise and experience necessary for the task and a demonstrated record of undertaking and completing research in a timely and competent manner and within a fixed budget. Most national inquiries are conducted with tight schedules and limited budgets and so cannot afford to risk not meeting research deadlines and costs. 10.4. EVIDENCE Other information will come in the form of evidence to the inquiry. It is not information commissioned by the inquiry but information brought forward by those with access to it. Evidence is provided by those with particular experience or areas of expertise in relation to the human rights situation being investigated. They can provide the evidence orally or in written or documentary form, before or during the public hearings. It is highly desirable to receive a substantial number of written submissions before the public hearings begin. Part of the preparatory work in conducting the inquiry is to identify those who can provide evidence and then invite and encourage them to do so. They are among the stakeholders. Governments should be strongly encouraged to make early written submissions. Those able to provide evidence to the inquiry can come from many sectors of society. As well as the victims of the human rights violations under investigation, they can be: • Government representatives (national, provincial, local) – ministers – politicians – civil servants 44