Possible objectives for a national inquiry Investigation To find out what is going on, the nature and extent of a pattern of human rights violation and make accurate findings. Analysis To determine the underlying causes of a pattern of human rights violation. Information To ensure that both the public and key stakeholders are better informed about and more aware of the particular issue. Education Through examination of the issue, to increase understanding of human rights generally and commitment to better human rights observance. Finding To make accurate findings and conclusions based on research and evidence. Recommendation To develop proposals for action to remedy the pattern of violation and prevent future violations. Empowerment To support victims of human rights violation. 6.3. WHAT ARE TERMS OF REFERENCE? Terms of reference are a clear statement of what specifically the national inquiry will consider and do. They have internal and external functions. Internally, they help to keep the inquiry focused by listing the matters that the inquiry will address. Externally, they help others to contribute to the inquiry by highlighting the issues under investigation. Terms of reference are generally a short list of points that the inquiry is instructed to examine. They may also include products of the inquiry, such as a report of the inquiry’s findings and a set of recommendations on how to provide remedies to victims and to prevent further violations. They may set a timetable for the inquiry. They may describe in general terms the inquiry’s process, for example, undertaking research, seeking written and oral submissions, forming conclusions of fact and making recommendations. Terms of reference should not lock the inquiry into a small box, so tight that the inquiry cannot deal with all significant relevant issues that might arise in the course of the investigation. However, they should not be excessively open or broad or the inquiry may try, or be forced to try, to do too much and so lose its way. Excessively broad terms of reference can cause the inquiry’s timetable to be lost or abandoned, its costs to blow out and the reporting task to become impossibly large. Possible content of terms of reference • Issues to be addressed. • Information or evidence to be collected. • Who will conduct the inquiry? • Organisations and persons, or categories of each, to be consulted. • Tasks to be performed. • Powers able to be used. • Areas for recommendation, including the types of recommendation to be made and the persons and organisations to whom the recommendations may be directed. • Timetable, especially a reporting deadline. Chapter 6: Draft objectives and the terms of reference | 29