The formulation of mandates
The formulation of mandates of commissions/missions has varied considerably, depending
on the situation under investigation, the nature of the violations and the purpose of the
investigation. In some instances the mandate covered the entire country (for example, Libya
or the Syrian Arab Republic); in others only part (for example, Darfur). Many commissions/
missions were given a very general mandate to investigate alleged violations of human
rights or international humanitarian law or both. Some mandates related to a specific
incident or event, for example, the Commission of Inquiry for Côte d’Ivoire (2004)20 was
required to investigate alleged human rights violations in connection with a march planned
for 25 March 2004 in Abidjan. Other mandates defined longer periods for investigation,
with varying degrees of precision.21 Mandates frequently include general language,
requiring interpretation by the commission’s/mission’s members (see chap. IV, sect. B,
Human rights investigations process). However, in some instances the language of the
resolution was very specific as regards the nature of the violations that the commission/
mission was expected to investigate.
Commission of Inquiry on Human Rights in the Democratic People’s
Republic of Korea (2013)
“… the commission of inquiry will investigate the systematic, widespread and grave
violations of human rights in the Democratic People’s Republic of Korea … including
the violation of the right to food, the violations associated with prison camps, torture
and inhuman treatment, arbitrary detention, discrimination, violations of freedom
of expression, violations of the right to life, violations to freedom of movement,
and enforced disappearances, including in the form of abductions of nationals of
other States, with a view to ensuring full accountability, in particular where these
violations may amount to crimes against humanity”
20
Commission of Inquiry on the events connected with the march planned for 25 March 2004 in Abidjan, established by the
Secretary-General at the request of the President and Prime Minister of Côte d’Ivoire. The Independent Special Commission
of Inquiry for Timor-Leste (2006) and the International Commission of Inquiry on Guinea (2009) were also mandated to
investigate events spanning from one to a few days.
21
For example, the Mapping Exercise undertaken by OHCHR in the Democratic Republic of the Congo covered a period of
ten years (1993-2003); the Panel of Experts on Accountability in Sri Lanka reviewed the nature and scope of violations in the
“final stages of conflict”; the United Nations Fact-finding Mission on the Gaza Conflict was mandated to investigate violations
“before, during and after” Operation Cast Lead; the Commission of Inquiry on the Syrian Arab Republic covers an ongoing
situation.
GUIDANCE AND PRACTICE
9
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