Undertaking Effective Investigations A Guide for National Human Rights Institutions 2. CULTURAL AND RELIGIOUS ISSUES Cultural and religious sensitivities must be taken into account and accommodated to the greatest extent possible. Care must be taken to eliminate any preconceived notions. As much information as possible must be obtained and, if necessary, expert advice taken. Causing offence, even unknowingly, may create animosity, reduce cooperation and potentially derail the broader investigation. In addition, the reputation and credibility of the investigator and the NHRI may be compromised. Investigators should be aware of possible cultural or religious issues that may impact on the investigation. Unless the cultural context is fully understood by investigators, something of importance may be missed or misinterpreted. If at all possible, the NHRI should have someone who has direct knowledge of the relevant cultural or religious issues as a member of the investigative team. Their input will be invaluable. They can help other team members to avoid doing or saying things that may offend, as well as help build the rapport that is essential to a good interview. What the interviewee and the investigator consider to be appropriate and polite may be completely different. The investigator should be aware of those things that could cause offence or discomfort to the interviewee, such as: • touching; or example, whether handshakes should be soft or firm, which hand should be used or whether touching is simply not acceptable at all • how much personal space may be appropriate • whether punctuality is important • acceptable ways of addressing the person • whether or not eye contact may be considered invasive • which gestures are acceptable and which are not. The onus is usually on the investigator to adapt their approach to ensure that the interviewee feels comfortable. The investigator should also be aware of religious holidays, fasting periods and similar considerations when the interview is scheduled. It is important to recognize that a cultural group is not always homogeneous. A different approach may need to be used with members of different sub-groups. Cultural or religious practices may need to be considered in a range of different areas, not just during the interview itself. Setting up the interview may require the investigator to identify the appropriate way to contact the interviewee. For example, there may be an expectation that contact with potential witnesses will be made through the leadership group or hierarchy that exists in the community where the witnesses reside, as opposed to contacting them directly. In many cases, it will be appropriate to arrange meetings with community leaders to explain the purpose of the investigation and what will be done. That can be a very positive thing. The opportunity should also be taken to explain what is being investigated and why interviews are required. Ask community leaders for their assistance. Support persons It may be appropriate to allow a support person to attend the interview. This person provides emotional support to the witness and may assist in other ways, such as advising the investigator of the best way to approach interviewing the witness. The support person can be useful in bridging any gap that may exist between the interviewer and interviewee due to identity-based power imbalance. In some cases, such as interviewing children, it may be mandatory. The support person should not be a witness in the investigation, however, that may be difficult in some situations. Generally, the support person should not give evidence on behalf of the witness. In order to protect the integrity of the investigation, ask the support person not to discuss the content of the interview with anyone else until the conclusion of the investigation. 62