Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions 6.2.1. Selecting the issue National inquiries are able to address human rights violations that affect a significant number of people within a country. They can consider both contemporary and historical issues. Both these factors may be particularly important in the context of women’s human rights where violations are often long-standing and widespread. A national inquiry is a good way to examine a situation that is recognized as serious, whether or not it is recognized as a human rights problem. Where there is broad consensus about an issue that needs to be addressed, but a lack of understanding of the issue itself or political hostility towards resolving it, the national inquiry process assists in developing broad consensus on the nature of the problem, its human rights dimensions, the urgency in addressing it and the best ways to do so. It is a process that promotes a political response because it builds community consensus, and therefore political pressure, for a solution. The capacity of the inquiry to attract media and public attention is therefore a critical issue in deciding whether to undertake one. Without media and public attention it will not be possible to build the necessary community support for addressing the issue and, as a result, the necessary political will to do so. But, if it is to attract media attention, it must be able to be conducted in public. Many human rights issues are sensitive and evidence has to be collected confidentially. An issue that primarily requires confidential evidence is not well suited to being addressed through a national inquiry process.105 Other considerations when selecting the issue that may be of special relevance to women’s and girls’ human rights include the following: • A national inquiry is useful in relation to issues of human rights violations where there is shared responsibility. The structure of an inquiry makes it easier to identify responsible actors and to allocate responsibility in a fair and transparent manner. • A national inquiry may be particularly suited to a human rights issue that has a low level of public and political recognition or acceptance. The process of the inquiry, as well as the outcome, can have a strong educative element and can help change entrenched social attitudes and behaviour. This can be particularly valuable for addressing de facto discrimination (i.e. where the law may not be discriminatory but discrimination still persists). • National inquiries can be particularly well suited to an examination of discrimination and inequality in relation to economic, social and cultural rights. This is an area of profound significance for the lives of many women. These situations are often complex and generally not as well suited to an individual complaint procedure. 6.2.2. The capacity of the NHRI106 Public inquiries are complex and resource intensive, requiring a substantial commitment on the part of the NHRI. The NHRI must have the capacity and resources, both financial and personnel, to undertake the inquiry effectively. It is important that an assessment of the resources required is undertaken prior to any decision being taken. Firstly, there should be confirmation that the necessary resources will in fact be available to undertake all aspects of the inquiry. The NHRI should keep in mind that a poorly planned or executed inquiry can seriously undermine the credibility of the institution, especially among victims, witnesses and other key stakeholders who have supported the inquiry and given evidence. It may also negatively affect public perception of the inquiry’s subject matter and make it difficult for the NHRI to progress the issue through other means. 70 105 APF and RWI, Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violation, 2012, p. 9 (hereafter “Manual on Conducting a National Inquiry”). 106 Ibid, p.11. Criteria for deciding whether to conduct a national inquiry were developed by the Australian Human Rights Commission and the Uganda Human Rights Commission in 2000 and expanded at a workshop in Kampala, Uganda, in 2003.