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

Subject(s):

Right to truth — Truth and Reconciliation Commissions

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.