Conducting a National Inquiry into Systemic Patterns of Human Rights Violation Chapter 2: The concept of a national inquiry KEY QUESTIONS • What is a national human rights inquiry? • Why conduct a national inquiry? • What factors should be considered in deciding whether to conduct a national inquiry? • What are the steps in conducting a national inquiry? 2.1. THE NATURE OF A NATIONAL INQUIRY A national inquiry is an investigation into a systemic human rights problem in which the general public is invited to participate. Many NHRIs undertake national inquiries as part of their activities to fulfil their mandates. National inquiries are conducted in a transparent, public manner. They involve public evidence from witnesses and experts, directed towards the investigation of systemic patterns of human rights violation and the identification of findings and recommendations. National inquiries require a wide range of expertise within the institution, including researchers, educators, investigators and people with experience in policy development. A national inquiry results in the production of one or more reports that set out the evidence the inquiry has received, its analysis of the situation, its findings of fact and its recommendations. The recommendations can be quite wide ranging, addressed to many within a country with responsibilities in the particular area of human rights examined. They can be addressed to the Government, private sector corporations, NGOs, religious institutions, academic institutions, the media and other civil society bodies. They can also be addressed to individuals who have significant parts to play within the community, including in relation to the particular issue. Because of their nature, national inquiries are unlike other functions undertaken by an NHRI, even if they include many of those functions. They involve investigation – but much of the investigation is conducted in a public forum and evidence is provided directly, usually in public, by victims, experts and possibly perpetrators. They have an educational component which is unlike other forms of investigation undertaken by the NHRI. A national inquiry requires research but much of the research has already been undertaken and the function of the inquiry is to collate and analyse it. The national inquiry process has been developed by NHRIs within the Asia Pacific region. It has been found to be especially useful in enabling a broad examination of a complex, systemic pattern of human rights violation. It deals with large situations rather than individual complaints. It can still result in recommendations that provide remedies for individuals but its principal focus is the systemic pattern of violation. For that reason it has high educational value. It introduces, exposes and explains a complex situation to the broad community, offering an analysis based in human rights law and providing recommendations for systemic responses. The conduct of a national inquiry is supported by the powers given to the NHRI in law. NHRIs rarely exercise these powers, including in the course of a national inquiry, but the very existence of the powers provides a strong legal underpinning that encourages cooperation with the inquiry process and with the institution. The power to require the attendance of a witness, for example, may not need to be used. Its mere existence can be sufficient to ensure that the witness attends. 6