Chapter 11: Conduct public hearings KEY QUESTIONS • Why are public hearings important to the national inquiry process? • How are public hearings conducted? • Who should appear at a public hearing? • What particular issues arise in taking evidence from different categories of witness? • What other arrangements need to be made for public hearings? 11.1. THE ESSENTIAL NATURE OF PUBLIC HEARINGS A public hearing is an opportunity for persons with expert knowledge of the human rights situation under investigation to come forward in a public setting to provide their views, experiences and knowledge to the inquiry. The conduct of public hearings is an essential part of the national inquiry methodology. The central purpose of public hearings is to enable a wide range of perspectives to be placed before the inquiry and before the general community. The use of public hearings distinguishes the national inquiry process from other NHRI methodologies. NHRIs conduct many forms of investigation and research. For example, they are often required by their establishing laws to handle complaints in confidence and so to investigate and seek to resolve them without any publicity. They may also conduct confidential investigations for practical reasons, to increase the chance of successfully identifying violations and perpetrators or to ensure the safety of victims and witnesses. They can undertake research projects that are of a more academic nature and so do not seek to engage the public, at least not until the research report is published. National inquiries, by contrast, are very public in nature and public hearings are the essential means of proceeding. Public hearings are key to achieving the national inquiry’s objectives. Investigation The evidence given by victims and witnesses assists the inquiry to find out what is going on, the nature and extent of a pattern of human rights violation. Analysis The evidence given by experts, including victims, academics, professional practitioners, NGOs, officials and others, assists the inquiry to determine the underlying causes and extent of a pattern of human rights violation. Information The public nature of the evidence ensures that both the public and key stakeholders are better informed about and more aware of the particular issue. Education The public nature of the evidence also increases understanding of human rights generally and commitment to better human rights observance. Recommendation Witnesses can propose ways to address the situation and so assist the inquiry to develop proposals for action to remedy the pattern of violation and prevent future violations. Empowerment Public hearings provide a forum in which victims of violation are acknowledged, affirmed and supported to act to seek redress for the harm done to them. Chapter 11: Conduct public hearings | 47