A. N ational human rights institutions in situations of conflict 1. Establishing institutions during conflict During conflict, normal political, judicial and other systems have necessarily failed to resolve disputes. The consensus or practical capacity to create an NHRI may not exist in times of public emergency or may simply not be a priority. Nonetheless, establishing an NHRI during conflict may promote dialogue between moderates on all sides. It might also signal the Government’s intention to deal with existing problems, as well as provide some check on potential abuses on either side of the conflict. Early planning can be undertaken with the support of the international community, perhaps in a safe zone in another country, to get the parties to focus on the creation of an institution that can start to address issues as soon as feasible. 2. Roles of national human rights institutions in times of conflict National human rights institutions operating in conflict situations may undertake several roles, all of which are directly relevant to the core protection mandate in times of instability and heightened likelihood of serious human rights violations. These may include: – Efforts to promote dialogue between combatants; – Efforts to promote the establishment and growth of peacebuilding mechanisms among representative communities; and – Efforts to encourage acceptable and necessary accommodations to deal with underlying human rights issues that may be at the root of the conflict. National human rights institutions face particular demands and challenges in times of conflict. The role of an NHRI during an internal conflict in the country will differ from normal programme functions. The NHRI might be required to fundamentally shift programme emphasis towards core protection, peacebuilding or transitional justice, depending on the context. In all cases, the change in activity or new functions should be consistent with the enabling legislation: ■■ ■■ ■■ ■■ Training, education and public awareness: NHRIs may concentrate on community-based training, especially with regard to the need to respect the rights of minorities. Where large numbers of persons are displaced by the conflict, human rights education may also be required for host populations; Investigation: NHRIs should be aware of particular human rights problems that may occur in situations of conflict, such as the use of child soldiers or the use of sexual assault as a weapon. Another important issue is confidentiality and the protection of witness/victim identity; Monitoring human rights: NHRIs may be required to monitor events rather than investigate them since full-scale investigations may not be either desirable or possible. This will require the monitors to fully understand the human rights and humanitarian laws that apply; Advice to the Government: NHRIs have a responsibility to advise Governments during times of conflict. In fact, it is precisely during such periods that respect for human rights is the most at risk. National human rights institutions may face criticism from the authorities and their supporters that they care more for human rights violators than for the security of citizens and victims; or that they are holding the Government accountable for 139