A national inquiry can be especially effective in transforming awareness of an issue that is known but not
understood in human rights terms. It can take an issue or a situation, such as family violence, particularly
against women and girls; the separation of children from their families; the alienation of indigenous
peoples from their lands; murders and rape of women in the name of family pride; the impact of climate
change; and multiple levels of discrimination experienced by transgender and gender diverse people.
Through raising awareness of human rights obligations and exposing the experiences of those suffering
violations, it can then transform public understanding of the issue or situation and the legal position of
the victims.
3.2.3. Whether the issue has been the subject of previous intensive investigation
A national inquiry should be able to add significantly to the knowledge and understanding of an issue.
It need not be restricted only to issues that have never been studied previously but it has to be able to
shed new light on the subject and add significantly, if it is to be justified. It has to be a “ground breaker”,
not simply another process that goes over old ground. If there has already been intensive investigation
and study of the issue, the NHRI may be able to add little to existing knowledge through a national
inquiry and so it would be better to focus on another issue.
3.2.4. How much external commitment there is to the issue
To be effective, a national inquiry needs an active, engaged civil society that will collaborate in the
work of the inquiry, contribute to its hearings and other processes, and support and advocate for its
recommendations. Public advocacy is important for the implementation of an inquiry’s recommendations
but the NHRI cannot build a popular movement around an issue where there is nothing at all to begin
with. It can build on an incipient movement but it cannot build on nothing. Assessing the existing strength
of civil society commitment to the issue, and the potential to build momentum for implementation, is an
important part of evaluating the potential of the issues that could be investigated.
External pressure on the NHRI about the issue is one indicator of external commitment to the issue.
External pressure should not be the sole or even the principal criterion but it is a useful indicator of public
perception of an issue and commitment to a possible national inquiry.
Another related indicator is the political and popular strength of the NGOs already engaged on the
issue. If the NGOs advocating for the inquiry are influential and well based in the community, then the
NHRI will know that there will be powerful advocates for the inquiry while it is underway and for its
recommendations when it has concluded. On the other hand, if the issue involves serious and systemic
human rights violations, such as ignoring the rights of women who are murdered or raped in the name
of family pride, the NHRI may decide to proceed even if there are no NGOs pursuing the issue.
3.2.5. What the potential is to build broader, long term public interest in the
issue
To be effective, the national inquiry will need to build and maintain momentum. It will need to build and
maintain public interest and support. This is different from the public perception of the significance of the
issue. Many human rights issues are seen as significant but there is little public interest and no public
pressure to resolve them. For a national inquiry to be effective, it must be able to build that interest and
that pressure and then sustain them over the long term. This support must be built and maintained
among a wider constituency than the expert groups and key interest groups that are especially attached
to the issue. A key factor in deciding what issue to choose is the potential to build and maintain this kind
of broader support. This has both external and internal dimensions.
Chapter 3: Choosing the issue | 15