Independent fact finding commissions are not normally required to publish a notice in the
Government Gazette announcing an investigation into any dispute or conflict.
It may however be useful for purposes of soliciting inputs from the public and interested
parties for the commission to make necessary invitations but this should not be a requirement
at law unless grave injustice may otherwise occur. The Commission must therefore have the
discretion to publicly announce the launching of an investigation if it so desires.
7.0 Disclosure, Preservation and Access to Information
7.1. Confidentiality
Section 9 (5) prevents disclosure of information disclosed to the Commission except under
certain circumstances. This section must be expanded to make it clear that the law seeks to
protect the confidentiality of the information during the work of the Commission. It must
then also protect other categories of information or evidence that should not be disclosed
which includes identities and personal information of underage witnesses and victims; and
victims of sexual violations. Adult victims of sexual violations should be allowed to decide
whether they wish to testify publicly, after counselling. A new section must be added here to
effect this principle.
7.2. Use of Information for Judicial Proceedings
Under the ground of exception to disclosure, an additional ground must be added after 9 (5)
(c) which states, “in judicial proceedings before a competent court.”
Without this addition, this will make it impossible for persons affected by violations revealed
during the commission’s work to pursue other remedies since there will be an embargo on
any information which would have been placed before the Commission. Moreover, there is
need for clear guidelines not only on non-disclosure but also on disclosure as truth recovery is
part of the mandate of the Commission. Whatever information is recovered by the
Commission must remain useful for history, archival and pursuit of other formal and nonformal remedies.
7.3. Preservation and Access to Records of the Commission
Section 15 (7) of the NPRC Bill obliges the NPRC publish its reports after 30 days from the
day the Minister is expected to have presented the report before Parliament. Section 15 (8)
provides that the Commission shall ensure that the rest of the information pertaining to the
Commission's business becomes accessible to the public eighteen months after the year to
which the information relates.
This is an improvement from the previous old NPRC Bill. However, many gaps still exist
which need to be filled.
There is need for section to be added to the NPRC Bill to provide for how it will access
records that are necessary for its work. This section can be worded as follows;
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NTJWG Analysis of the NPRC Bill, March 2017