The BasicsCommissions of Inquiry
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OverviewWhat is a commission? What is an
inquiry?FormationScopeFunctionFinal ReportOutcomes
Commissions of InquiryThe Basics
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DefinitionsCommission:usually not permanentheaded by
commissioners with a staffall determined by the terms of reference
(ToR)not a standardized mechanism within the UN systemInquiry:
asking questions fact-finding mandate rather than a judicial
mandatethe goal is to answer a specific set of questions
Commissions of InquiryThe Basics
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FormationIssue of concern to the international communityInaction
by domestic partiesBodies that have formed a CoI:UN Security
CouncilUN Human Rights CouncilUN General AssemblyUN Secretary
GeneralResolution (if by a council or GA),Commissions of InquiryThe
Basics
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FormationAlso determined by mandateResponsible for interpreting
the mandateBalance of identities (Asian, gender balance,
etc.)Balance of expertiseCommissions of InquiryThe Basics
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FormationFunding: Donor countries will be asked to
supportDuration: Depends on mandate and available funding (give
some examples here of how long Gaza, Darfur, etc. lasted)
Commissions of InquiryThe Basics
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ScopeThe range that a CoI would coverGeographic (what
areas?)Temporal (what time period?)IssuesCrimes against humanity
and war crimesGross violations of human rightsLikely to extend to
all parties of the conflict
Commissions of InquiryThe Basics
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FunctionWhat do the commissioners and staff do?Desk
researchField missionsInterviews / collection of
testimoniesRequests from NGOs and governments to submit
informationIn some cases, may ask NGOs to collate informationPublic
hearingsAnalysis of informationFinal Report
Commissions of InquiryThe Basics
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The Final ReportFindingsNote 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.To be determined by
ToR, but likely to include:Scale of human rights violationsCauses
Barriers to ending impunityRecommendationsNext actions to be taken
by all relevant partiesMost likely will be non-bindingCould
strengthen the carrot and stick approach (stronger
benchmarks)Commissions of InquiryThe Basics
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OutcomesCivil-society campaigns to implement
recommendationsCommissions of InquiryThe Basics
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OutcomesDomestic and International ResponsesIn the
short-term:Burmese government stops or decreases human rights
violations
International community gains better access for monitoring (e.g.
ICRC) and relief to affected communities (e.g. aid
workers)Commissions of InquiryThe Basics
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ConclusionQuestions or comments?Contact info:Patrick J.
[email protected]
Commissions of InquiryThe Basics
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