Some institutions may convene inquiries on issues of interest, but without coercive powers. They may relay on voluntary witnesses and seek input form various members of the
public and NGOs without the formal powers of a more formal and adversarial process
that is based on statute.
As the name implies, public inquiries are typically carried out in public sessions. The panel
should have the authority, however, to hear testimony in camera when this is considered
necessary. This might be appropriate, for example, if individual victims are providing personal or sensitive information, or when there are security concerns.
Clear terms of reference
A public inquiry is based on precise terms of reference. These should identify, as precisely
as possible, its nature and scope. The terms of reference should be only so broad as time
and resources permit; overly broad terms of reference may raise unrealistic expectations.
An inquiry panel
A public inquiry is usually run by one or more persons, who control proceedings, administer oaths to witnesses as required, solicit testimony and prepare the final report. It
is important to ensure that the member or members are capable of running court-like
proceedings and knowledgeable in the subject matter of the inquiry. Sometimes, the
NHRI will use its own members; at other times, outside experts who may confer greater
expertise, independence or external credibility are engaged.
Advisory boards
The panel may engage an advisory board to prepare the inquiry, interpret the findings and
consider recommendations. This may be helpful, for example, if the inquiry is considering
issues relevant to a particular disadvantaged group and the panel wishes to ensure that
representatives of that group play a role. It should be made clear to the advisory group,
if one is established, that the panel alone is responsible for sifting and weighing the evidence presented at the inquiry and preparing the final report. Ownership of the process
should be with the panel and the institution, not the advisory group.
Preparing the inquiry
While there has to be flexibility built into the inquiry process, it should be carefully
planned. This is necessary to identify the witnesses who will be called, the submissions
that will be requested and the research that is required to support it. The examination
will also be useful in identifying the budget and staff required to support the initiative,
as well as its likely time frame.
The panel will require a wealth of information to come to a sound conclusion. While an
inquiry is often used to find facts, it is usually necessary for the panel members and those
supporting the panel to develop a keen understanding of the issue in advance of hearings.
This will better enable them to identify which witnesses will be required, as well as what
will be required of them, and to identify information and research gaps. The institution
must therefore collect as much information, documentation and knowledge as possible
in advance of the inquiry to ensure that it is successful.
Potential sources of information and form of presentation
Inquiries should strive to obtain input from all appropriate sources, including communities that are directly affected by the issue, experts, NGOs and Government officials. If the
inquiry is examining an issue that has an impact on a particular group, representatives of
this group must be adequately consulted to ensure that the group accepts the process as
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