A/HRC/8/3
page 13
36. Second, where formal independence has been established, actual independence may still be
lacking. It is essential to look beyond the formal independence of the commission from the
Government, and to assess whether the commission is capable in practice of carrying out its
work independently. This may require the work of the commission to be monitored for the entire
period of its operation. As Special Rapporteur Amos Wako noted in 1987, “in a number of
countries, the investigating body, which was given an independent or quasi-independent status
… did not, in reality, secure its independence”.38
37. An extreme example of Government interference is that of a commission established by
Ethiopia in 2006 to investigate excessive force by Government forces in 2005 during
anti-government demonstrations. It reportedly found initially that excessive force had in fact
been used. However, government officials reportedly requested commission members to change
their votes. The final report found that excessive force had not been used.39 Another is provided
in the report of Special Rapporteur Wako’s mission to Zaire in May 1991. Following allegations
of a massacre between 8 and 12 May 1991, the Shaba Regional Assembly established a
commission. It operated for one month, but “as its report was about to be presented, it was
seized, reportedly on orders of the central authorities, and quashed”.40
38. Third, a commission’s members must also be judged to be individually independent and
not be seen to have a vested interest in the outcome.41 Where members are not in fact or are not
perceived to be independent, the commission lacks legitimacy in the eyes of the public and its
findings are unlikely to be accepted.42 In addition, witnesses may be too afraid to come forward
to the Commission for fear of bias by commission members.43
(f)
Inadequate provision of witness protection
39. Inadequate protection provided to commission members or to witnesses appearing before
the commission has severely hampered the work of some commissions.44 The Sri Lankan
national commission, ongoing at the time of the present report, has been strongly criticized
by the International Independent Group of Eminent Persons for failing to have an effective
38
E/CN.4/1987/20, para. 178.
39
Amnesty International Report 2007, at http://thereport.amnesty.org/eng/Regions/Africa/
Ethiopia.
40
E/CN.4/1992/30/Add.1, para. 222.
41
E/CN.4/1990/22, para. 11.
42
E/CN.4/1995/61/Add.1, para. 54.
43
Ibid.
44
E/CN.4/2001/9/Add.1, para. 263; E/CN.4/1994/7/Add.2, para. 109; E/CN.4/1993/46,
para. 527; E/CN.4/1990/22/Add.1, para. 37.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents