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Commissions of Inquiry

The Basics

Commissions
of Inquiry
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The Basics
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Overview
What is a commission? What is an
inquiry?
Formation
Scope
Function
Final Report
Outcomes
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February 25, 2016

Commissions
of Inquiry
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The Basics
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Definitions

Commission:

usually not permanent


headed by commissioners with a staf
all determined by the terms of reference (ToR)
not a standardized mechanism within the UN system
Inquiry:
asking questions
fact-finding mandate rather than a judicial mandate
the goal is to answer a specific set of questions

February 25, 2016

Commissions
of Inquiry
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The Basics
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Formation

Issue of concern to the international community


Inaction by domestic parties
Bodies that have formed a CoI:

UN Security Council
UN Human Rights Council
UN General Assembly
UN Secretary General

Resolution (if by a council or GA),


February 25, 2016

Commissions
of Inquiry
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The Basics
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Formation

Also determined by
mandate

Responsible for
interpreting the
mandate

Balance of identities
(Asian, gender
balance, etc.)

Balance of expertise
February 25, 2016

Commissions
of Inquiry
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The Basics
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Formation

Funding: Donor countries


will be asked to support

Duration: Depends on
mandate and available
funding (give some
examples here of how
long Gaza, Darfur, etc.
lasted)
February 25, 2016

Commissions
of Inquiry
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The Basics
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Scope
The range that a CoI would cover

Geographic (what areas?)


Temporal (what time period?)
Issues
Crimes against humanity and
war crimes
Gross violations of human
rights
Likely to extend to all parties of the
conflict
February 25, 2016

Commissions
of Inquiry
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The Basics
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Function
What do the commissioners and staff do?

Desk research
Field missions
Interviews / collection of testimonies
Requests from NGOs and governments to submit
information
In some cases, may ask NGOs to collate information
Public hearings
Analysis of information
Final Report
February 25, 2016

Commissions
of Inquiry
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The Basics
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The Final Report


Findings
To be determined by ToR, but likely
to include:

Scale of human rights


violations
Causes
Barriers to ending
impunity

Recommendations
Next actions to be taken
by all relevant parties
Most likely will be nonbinding
Could strengthen the
carrot and stick approach
(stronger benchmarks)

Note the risks: with both findings and recommendations, there will be limitations and some
issues may be left out or not addressed as fully as you want.
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February 25, 2016

Commissions
of Inquiry
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The Basics
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Outcomes
Civil-society campaigns to implement recommendations

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February 25, 2016

Commissions
of Inquiry
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The Basics
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Outcomes
Domestic and International Responses
In the short-term:
Burmese government
stops or decreases human
rights violations

International community

gains better access for


monitoring (e.g. ICRC) and
relief to afected
communities (e.g. aid
workers)
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February 25, 2016

Commissions
of Inquiry
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The Basics
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Conclusion

Questions or comments?
Contact info:
Patrick J. Pierce
ppierce@ictj.org
www.ictj.org
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February 25, 2016

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