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Commission of Inquiry - CoI
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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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