of the mandate in simple and unambiguous terms is key to the success and credibility
of an inquiry. This is usually done through the adoption by the commission/mission of
terms of reference (see sect. F, Terms of reference). The commission/mission will have to
determine:
• Geographic mandate (ratione loci) – Does it cover the whole country or parts of
it; other countries?
• Temporal mandate (ratione temporis) – What time period is covered by the
mandate? How will the commission/mission deal with historic events?
• Subject matter mandate (ratione materiae) – What issues are covered by the
mandate? Will it prioritize certain violations and what criteria will be applied?
• Actors (ratione personae) – Whose actions will it investigate? Who are the entities
or persons of concern to the investigation?
2. GATHERING BACKGROUND INFORMATION
The first task will be to gather relevant information about the context in which the incidents
or events under investigation occurred: history, Government and political structures,
political parties, judiciary, economic issues, constitution and laws, structure of security
forces and police, ethnic groups, culture and religion, position of women in society and
information on influential actors, including foreign Governments. It will also be important
to gather preliminary information on relevant events that have occurred in the country,
and to develop a chronology of these events. The background information will provide a
better understanding of the country, and assist in the development of investigation plans
and in refining the investigation methodology, taking into consideration cultural, social
and religious issues and the security situation in the country.
3. REVIEW OF OPEN SOURCE MATERIALS AND INTERNAL REPORTS
Open sources such as newspapers and other publications, news agencies, television
stations, websites, NGO reports, government reports, social media and United Nations
reports are invaluable for gathering background information. Open source material
could also be mined for information on events relevant to the mandate of the commission/
mission, which will assist in identifying key incidents, help to define the priorities for
investigations, provide leads for investigations and identify sources.
Internal United Nations reports, especially an analysis of the prevailing human rights
situation, could provide valuable insights into ongoing violations and the parties that may
be involved, and suggest avenues that the commission/mission could pursue in its own
investigations.
GUIDANCE AND PRACTICE
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents