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

Subject(s):

Human rights — Truth and Reconciliation Commissions

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.