D. I nquiries
The purpose of an inquiry should be to look into incidents and situations to determine
if violations occurred. Inquiries may result in recommendations to ensure that violations
are redressed. The Paris Principles do not specify the remedies, but the scope of recommendations should be broad enough to ensure that the violations stop, that similar violations do not occur, that sanctions are applied where this is warranted and that victims
are “made whole” where this is possible and appropriate.
1. Authority
National human rights institutions have the responsibility to consider questions raised
by the Government, a member or an individual applicant. They may hear any person
and access any documents necessary to assess that question. They should submit to
the Government, or other appropriate authority, advice and recommendations on “any
situation of violation of human rights which [they decide] to take up”. If violations have
occurred, the Paris Principles state further that the institution should be responsible for
proposing actions to put an end to the violation and for “expressing an opinion on the
positions and reactions of the Government”.
Even institutions that do not have the mandate to investigate individual complaints can
use the authority and responsibilities described in the previous paragraph to inquire
into systemic or general human rights concerns. They do this to ensure that the rights
in question are being effectively implemented at the national level and, if necessary, to
recommend actions that the responsible authorities should take to correct deficiencies.
The approach that an institution takes will depend on, inter alia, the nature of the
institution, the powers it has and the issue being examined. General approaches are
presented below. National human rights institutions may use their authority to inquire
into a matter and/or to monitor a specific situation or event (see chapter VII). Other
strategies include:
■■
Desk audits, to review information in the public domain, as well as information that
it has requested from the relevant authorities. The process used in a desk audit will
reflect the nature of the issue being examined and the institution’s operating procedures, but could include a review of the literature, as well as targeted questioning of
the relevant authorities and experts;
■■
A special workshop or seminar in plenary or in smaller groups to debate a question
in order to arrive at a recommendation. Outside experts may be invited to participate
in the debate as a way of enhancing decision-making, or the relevant authorities
may be requested to provide information and justification for a certain position and
affected parties invited to make submissions. Considerations relevant to workshops
and seminars are discussed in chapter IV;
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A formal public inquiry (see the next section).
Institutions may mix and match a number of approaches mentioned above in their inquiries or may use other approaches to gather information and documentation in order
to come to a decision.
Most NHRIs do not have the authority to impose remedies. They may make recommendations only. The Paris Principles do provide, however, that the institution can express
a view on the position of the Government and its reaction to such recommendations.
The institution can, therefore, use the press and other means to try to encourage the
Government to respond in a manner that satisfies its recommendations. The NHRI can
also document in its annual report the degree to which the Government has responded
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