Part II The Right to Know, B Commissions of Inquiry, Principle 11 Adequate Resources for Commissions

2018 ◽  
Author(s):  
Varney Howard
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Right To Know ◽  
Political Will ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right

Principle 11 guarantees adequate resources in support of a commission of inquiry so that it can comply with its legal mandate without compromising its independence and autonomy. A commission with autonomy means that it has control over its own finances and may make its own decisions in respect of the allocation of its resources. The issue of autonomy is inextricably linked to the independence of a commission. This chapter first provides a contextual and historical background on Principle 11 before discussing its theoretical framework, focusing on international law instruments governing the investigation of human rights violations that oblige state parties to adequately resource the responsible investigative agency. In particular, it considers the role of competent authorities, explicit duty, funding principles, and political will. It also examines how commissions of inquiry have been supported in practice and cautions against proceeding with commissions where adequate support is not guaranteed.

Part II The Right to Know, B Commissions of Inquiry, Principle 12 Advisory Functions of the Commissions

2018 ◽  
Author(s):  
Robinson Isabel ◽  
Varney Howard
Keyword(s):  
Historical Background ◽  
Truth Commissions ◽  
Right To Know ◽  
Essential Dimension ◽  
Truth Telling ◽  
Political Will ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right

Principle 12 deals with the advisory functions of truth commissions. The advisory function of truth commissions is one of the most concrete ways that they can achieve their goals of helping rebuild society and prevent further violence. Such function is an essential dimension of the forward-looking dimension of truth-telling and truth-seeking processes. In particular, it enables truth commissions to pay attention to the experiences and role of women in transitioning societies, as well as to intersect with others measures aimed at combating impunity, including reparations and criminal prosecutions. This chapter first provides a contextual and historical background on Principle 12 before discussing its theoretical framework and how the recommendations of truth commissions have been implemented. It also highlights some of the key challenges involved in the implementation of a commission’s recommendations, noting that the failure to implement recommendations is often the result of a lack of political will.

Part II The Right to Know, B Commissions of Inquiry, Principle 13 Publicizing the Commission’s Reports

2018 ◽  
Author(s):  
Harwood Catherine ◽  
Stahn Carsten
Keyword(s):  
United Nations ◽  
Theoretical Framework ◽  
Historical Background ◽  
Final Report ◽  
Right To Know ◽  
Full Publication ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right ◽  
Wide Dissemination

Principle 13 deals with the publication of the commission’s reports. The principle of publicity is a key component of the United Nations’ Updated Impunity Principles. Through full publication and wide dissemination of a report, the right to the truth is realized. An authoritative account of violations might also promote accountability and reconciliation. A final report should be widely accessible, taking into consideration cultural and technological contexts. However, commissions may receive information confidentially and exclude some information from reports for security reasons and to avoid interference with witnesses and commissioners. This chapter first provides a contextual and historical background on Principle 13 before discussing its theoretical framework and how commissions have adopted confidentiality measures to protect witnesses and victims.

Part II The Right to Know, B Commissions of Inquiry, Principle 6 The Establishment and Role of Truth Commissions

2018 ◽  
Author(s):  
Nuzov Ilya ◽  
Freeman Mark
Keyword(s):  
Theoretical Framework ◽  
Truth Commissions ◽  
Truth Commission ◽  
Right To Know ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right

Principle 6 is concerned with the establishment and role of truth commissions, outlined in two paragraphs. The Principle recommends criteria that can be applied ‘to the greatest extent possible’. The first paragraph encompasses three different aspects of the issue: the preliminary ‘decision to establish a truth commission’, the subsequent creation of its ‘terms of reference’, and the related determination of its ‘composition’. In the second paragraph, the term ‘role’ refers to the functional end-goal that a commission is expected to serve: ‘securing recognition of such parts of the truth as were formerly denied’. After providing a historical and contextual background on Principle 6, this chapter discusses its theoretical framework and the ways in which the Principle is exercised in practice.

Part II The Right to Know, B Commissions of Inquiry, Principle 10 Guarantees for Victims and Witnesses Testifying on Their Behalf

2018 ◽  
Author(s):  
Bisset Alison
Keyword(s):  
Theoretical Framework ◽  
Historical Record ◽  
Historical Background ◽  
Right To Know ◽  
The Past ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right

Principle 10 provides guarantees for victims and witnesses testifying on their behalf. The participation of victims and witnesses in truth seeking processes is important in efforts to uncover the truth about the past. Many commissions have been mandated to gather victim testimony as a key objective and to provide victims with a forum in which to give account of the abuses suffered and to restore their dignity. When there is no testimony, commissions are unlikely to fulfill their broader mandates of establishing a historical record of past violations. After giving a contextual and historical background on Principle 10, this chapter discusses its theoretical framework and how commissions operate in practice in terms of witness protection.

Part II The Right to Know, B Commissions of Inquiry, Principle 7 Guarantees of Independence, Impartiality, and Competence

2018 ◽  
Author(s):  
Nuzov Ilya ◽  
Freeman Mark
Keyword(s):  
Theoretical Framework ◽  
Historical Background ◽  
Truth Commissions ◽  
Right To Know ◽  
The Right To Know ◽  
Commissions Of Inquiry ◽  
The Right

Principle 7 deals with guarantees of three separate but interrelated aspects of commissions of inquiry: independence, impartiality and competence. This principle emphasizes the need for guarantees of independence, impartiality and competence in two different realms: the process leading to a commission’s establishment, and the commission’s ultimate terms of reference. As such, the scope of Principle 7 overlaps with Principle 6, which deals with the establishment of truth commissions, and Principle 8, which deals with the mandates of commissions of inquiry. This chapter first provides a contextual and historical background on Principle 7 before discussing its theoretical framework and the ways in which the values espoused in Principle 7 are exercised by states in practice.

Part II The Right to Know, A General Principles, Principle 5 Guarantees to Give Effect to the Right to Know

2018 ◽  
Author(s):  
Unger Thomas
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Theoretical Framework ◽  
Functional Approach ◽  
Historical Background ◽  
Truth Commissions ◽  
Right To Know ◽  
Privileged Position ◽  
The Right To Know ◽  
The Right

Principle 5 outlines guarantees that States must take to give effect to the right to know, including judicial and non-judicial mechanisms. This principle focuses on courts, truth commissions and archives, and gives a privileged position to criminal justice. It follows a clear human rights understanding on how guarantees should look like in the fight against impunity. This chapter first provides a contextual and historical background on Principle 5 before discussing its theoretical framework and some practical trends regarding the guarantees designed to give effect to the right to know. It highlights a number of limitations of Principle 5 and proposes a revised version, calling for a more dynamic functional approach that creatively looks at what kind of existing and new interventions could take on the function of guarantees to give effect to the right to know.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 29 Restrictions on the Jurisdiction of Military Courts

2018 ◽  
Author(s):  
Aoláin Fionnuala Ní
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Domestic Courts ◽  
Military Law ◽  
The Right ◽  
The Military

Principle 29 deals with restrictions on the jurisdiction of military courts. Under this Principle, the adjudication of human rights violations by military courts is explicitly excluded, and ordinary domestic courts are mandated as the only appropriate venue of judicial oversight. Nevertheless, military courts remain functionally important for the routine and uncontroversial deployment of military law consistent with international law. The chapter first provides a contextual and historical background on Principle 29 before discussing its theoretical framework and how military courts are used in various countries such as Ireland and Turkey. Issues arising when civilians find themselves within the jurisdiction of military courts are also examined, along with the difficulties of ensuring fair trials in military courts. This chapter shows that military courts, while certainly serving important functions within the military forces of states, remain subject to human rights and humanitarian law compliance.

Part II The Right to Know, A General Principles, Principle 3 The Duty to Preserve Memory

2018 ◽  
Author(s):  
Viebach Julia
Keyword(s):  
Case Law ◽  
Historical Background ◽  
Truth Commissions ◽  
Right To Know ◽  
The Right To Know ◽  
History Of ◽  
Societal Level ◽  
Transitional Processes ◽  
The Right

Principle 3 is concerned with the duty to preserve memory, which falls under the rubric of ‘the right to know’. This principle recognizes the role of collective memory in transitional processes, attests to a people’s right to know ‘the history of its oppression’ as part of its heritage, and calls upon the state’s duty to preserve archives and other evidence. This chapter first provides a historical background and an overview of the contemporary context in which Principle 3 is applied before outlining its normative framework, focusing on case law and truth commissions. It also analyzes the applications of the Principle in practice and argues that the duty to preserve memory has only implicitly been addressed under either symbolic reparations in truth-seeking processes or under satisfaction in jurisprudence. It contends that this approach over-simplifies the collective and societal level and neglects the dangers and complexity of memorialization in transitional contexts.

Part II The Right to Know, A General Principles, Principle 2 The Inalienable Right to the Truth

2018 ◽  
Author(s):  
Groome Dermot
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Right To Know ◽  
International Courts ◽  
International Convention ◽  
The Right To Know ◽  
The Right ◽  
International Instruments

Principle 2 is concerned with the inalienable right to truth, a right that arises from the right to know and obliges governments to establish mechanisms to facilitate the revelation of the truth about serious violations of human rights. The right to truth has been explicitly incorporated into several international instruments and, in 2010, became expressly guaranteed in the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). In practice, the right to truth is realized through laws enabling requests for state-held information; archives; truth commissions; national and international courts; and human rights commissions. After providing a contextual and historical overview of Principle 2, this chapter describes its normative (legal/ethical) foundation, focusing on how its interpretation is influenced by international law and how it relates to notions of transitional justice. It also analyzes the applications of the Principle in practice.

scholarly journals Role of ombudsman institution in forming a culture of human rights

2021 ◽  
pp. 96-104
Author(s):  
E. M. Pavlenko
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Right To Know ◽  
High Commissioner ◽  
The Right To Know ◽  
The Russian Federation ◽  
The Right

The article considers the formation of a culture of human rights as a guarantee of constitutional norm on the highest value of a person, his/ her rights and freedoms. Considerable attention is paid to the activities of the High Commissioner for Human Rights in the Russian Federation in this direction, including those directed to ensuring the right to know one's rights. A number of proposals for the Commissioner's further work in this area have been formulated.

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