Diagnostic
Studies of National Level Institutions to Protect Diversity
The
International Centre for Ethnic Studies (ICES) in Colombo,
Sri Lanka, is planing a series of diagnostic studies
of national level institutions for the protection of
diversity in South Asia. The studies form part of the
Centre's Diversity in South Asia Project. Though the
studies will mostly examine Human Rights Commissions,
they may also be structured to look at Minorities Commissions,
ministries concerned with ethnic, racial, or religious
issues, or other similar bodies.
Assumptions:
The studies will draw on the Colombo Principles on
the Protection of Diversity in South Asia (drafted
in Colombo, November 2000) and make the following
assumptions:
- Respect for diversity is an aspect of human rights
- Majoritarianism
as it exists throughout South Asia contradicts
the principles of "inclusive democracy"
- "Inclusive
democracy" is necessary for peace, justice
and stability in the region
Institutions
such as those mentioned above are a critical mechanism
for the defense and support of inclusive democracy
in Sri Lanka
Goal of the studies:
The studies seek to examine existing institutions
designed to protect diversity and highlight their
relative strengths and weaknesses, making recommendations
where appropriate. The studies will impact on subsequent
ICES programs to develop and strengthen institutions
in the region through training, resource allocation,
and advocacy. While focusing on the structure and
efficacy of the institutions, the studies should also
take account of the political and social reality in
which each institution was created and continues to
function. The final report address both measures that
can be taken by the institution as well as by civil
society and society at large to improve the functioning
of the institution.
Methodology:
Studies will focus on three areas:
- A
narrative history of the institution. How and
why it was established.
- An
analysis of the legal framework within which the
institution functions.
- An
evaluation of the institution's past and present
performance in terms of its mandate and the expectations
that civil society and society at large have of
the institution.
To
achieve these goals researchers will survey existing
literature and analysis of the institution. This will
mainly serve to develop the narrative history and
the legal framework sections. Further, researchers
will conduct interviews with sitting and former members
of institutions as well as with petitioners of the
institutions -- both organizations and individuals
-- in an effort to accurately portray the functioning
and efficacy of the institution. They will also attempt
to assess popular opinions about and understanding
of the institution and keep track of media coverage
of the institution. Researchers will examine a minimum
of three cases handled by the institution and discuss
the merits of each case, taking special note of whether
the recommendations of the institution provided an
effective remedy to the grievance.
In
examining institutions the studies will ask and seek
answers to the following:
In
terms of structure and functioning:
Are
the institutions accessible?
Are the institutions independent and autonomous?
Are they free of political influence and abuses
such as practices of official impunity?
Do the institutions have effective, enforceable
tools for redress with which to fulfil their mission?
Is the functioning of the institutions transparent
and are their findings made public?
Do the institutions follow due process?
Are appointments to the institution representative
of the population(s) concerned and are such appointments
subject to transparent review and confirmation procedures?
In
terms of their role in society:
Do
people understand the role and need for the institution
and how it functions?
What is the nature of the relationship between the
institution and political parties? Civil society
organizations?
Do politicians support the activities of the institution,
does the state have an interest in the institution
functioning properly?
What is the nature of the Institution's relationship
with the judiciary?
How does the political and social situation in the
country effect the institution's functioning?
How is the institution portrayed in public discourse
(media, etc.)?
As
none of these questions will have a simple yes or
no answer, it is up to the researcher to determine
the degree to which the institution(s) meet the ideals
set forth. The opinions of members of the institutions
and of the communities they are supposed to serve
must illuminate these answers -- and raise many more
questions.
Timetable:
The studies should be completed in 6 months so that
the information will be current and can usefully be
submitted to the concerned bodies, to civil society
organizations, and to the general public. Further,
it will serve to continue the work of the Diversity
project in terms of training, new initiatives and
work on regional standards of Minority Protection.
In order to meet this timeframe, the budget is designed
to support a full time research coordinator and two
fulltime research assistants.
Cooperation
with Institutions
The partners and ICES will determine which institution
to study. It is hoped that partner organizations will
be able to secure the cooperation of the relevant
institutions. Researchers are free to negotiate terms
with the Institution (to access files, get interviews,
etc.) so long as these do not breech any ethical standards
or compromise the integrity of the research.
Structure
Three member teams (generally a research coordinator
and two research assistants) will be assembled to
conduct the studies. While we expect this will be
done through local partner organizations, in exceptional
circumstances it may be possible for an individual
to be the partner and coordinate the study.
In
order establish consistency between the 5 studies,
ICES will develop a rough structural format with the
researchers in the five countries. The developed framework
will be followed by each research team for their final
report. The researchers will be expected to submit
regular progress reports to ICES.
Further
Support for Strengthening of Institutions
Broadly
two modes of support are envisaged under this heading.
(a) One time supply (to five chosen institutions) of
important literature in the area of minority rights,
especially compilations of comparative jurisprudence
on the subject. The literature needs of each of the
institutions will be assessed based on the findings
of the diagnostic studies and the selection of literature
for each institution will be tailored accordingly.
(b) The second mode of support will involve the organisation
of training programmes for the staff of the five institutions.
Based on the findings of the diagnostic studies, ICES
will, in collaboration with the respective institutions,
design and implement a training programme for the staff
of the institution. Once again each such training programme
will be tailored to the specific requirements of the
institution concerned as determined by the diagnostic
studies.
Support
for New Initiatives
Support
will be provided to local groups which need assistance
in establishing similar institutions to promote diversity
and respect group rights in countries such as Pakistan,
Nepal and Bangladesh. This could take the form of providing
model legislation, undertaking legal impact studies,
designing complaints and inquiry procedures, and developing
an organisational structure for the proposed institution.
Further, technical and institutional support can also
be co-ordinated if so required. For the purposes of
this component, a Committee of Experts will be constituted
which will meet and evolve a comprehensive methodology
for addressing these issues. This Committee of Experts
will comprise of academics, lawyers, parliamentarians,
activists, and representatives of national institutions. |
