“Promoting technical cooperation to strength the judiciary system and administration of justice”: Opening address to a High-level Panel Discussion on Human Rights Mainstreaming at the Human Rights Council by UN High Commissioner for Human Rights Navi Pillay

19 March 2013

Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,

I am very pleased to open this annual discussion on technical cooperation, a theme of tremendous importance for all States. You will recall that the Declaration that was adopted last year during the General Assembly’s High Level Event on the Rule of Law in New York observes that “the independence of the judicial system, together with its impartiality and integrity, is an essential prerequisite for upholding the rule of law and ensuring that there is no discrimination in the administration of justice”. The Declaration also emphasizes the right of equal access to justice for all, including members of vulnerable groups.

Following Council Resolution A/HRC/22/32, my Office submitted for this session a report that provides an overview of the various activities undertaken by the United Nations and regional organizations in support of efforts by States to strengthen their judiciary systems and administration of justice. This report lists a range of activities.

One common feature of these activities is their support for States in their efforts to ensure implementation of human rights standards relevant to the administration of justice. These standards, as provided in core international human rights instruments — together with the recommendations of human rights treaty bodies, special procedures and the UPR — provide a solid foundation for achieving needed reforms in the administration of justice.

Many of these recommendations address concerns and provide useful guidance regarding ways to achieve progress, such as strengthening the independence of the judiciary, and ensuring that law enforcement officers comply with international human rights standards when carrying out their duties. Clustered and prioritized, these recommendations make up key elements of any national action plan on human rights and the administration of justice. They are also very useful in preparing UN country programme frameworks that serve as the basis for the collective response of the UN system to priorities for national development.

Technical cooperation is an integral component of OHCHR's programme. We help identify and address knowledge capacity gaps by facilitating constructive dialogue and positive change. OHCHR is involved in a large number of activities to strengthen the judiciary and the administration of justice. These activities include normative guidance, policy development and capacity-building.

The information and analysis that result from OHCHR's monitoring activities constitute an important basis for identifying capacity-building needs and opportunities for technical cooperation. In Mauritania, for instance, following visits to monitor the detention conditions in several civilian prisons, OHCHR — in close cooperation with the Government and relevant partners — put in place training courses on human rights, to build the capacities of law enforcement personnel and prison guards. Ultimately this will improve conditions of detention, ensuring that they conform with international standards.

One of OHCHR's key mandates is to support increased compliance with international standards by all state entities, including the judiciary. For instance, in Kyrgyzstan, following technical advice provided by OHCHR, the Parliament approved amendments to the criminal code and the code of criminal procedure that brought the definition of torture closer to compliance with international law and set stricter penalties for perpetrators of torture. In Guatemala, OHCHR provided guidance to ensure that proposed reforms to the "Guatemalan Law on the Judicial Career" complied with international human rights standards.

OHCHR also helps national authorities develop policies relevant to the administration of justice. In Cambodia, for instance, three ministries issued an inter-ministerial directive banning prison production for export, following briefings and consultations by OHCHR. In Paraguay, through the Human Rights Adviser, human rights indicators on the right to fair trial were developed with the participation of more than one hundred judges and courts officials. These were endorsed by the Supreme Court of Justice in December 2012.

The core activities of my Office also include the organization or facilitation of capacity building through numerous human rights trainings around the world for judges, prosecutors, lawyers, police and other security forces — including military forces — as well as prison officials. Last year, these workshops were undertaken by OHCHR in more than 30 countries. For instance, we facilitated a training workshop on human rights in the administration of justice for magistrates in Djibouti; and we also organized a training-of-trainers for Somali judges, law professors and other legal professionals. In Haiti, OHCHR has been contributing to training new judges and police officers in international human rights law.

OHCHR also continues its efforts to ensure increased access to justice for individuals and groups facing discrimination — in particular women, minorities, indigenous peoples and people of African descent. In Sierra Leone our Office provided technical support to Parliament on the establishment of an Independent Legal Aid Body to provide free legal advice and representation to the indigent. In El Salvador, the Prosecutor's Office adopted in 2011 a protocol on femicide investigation that was developed with the support of the OHCHR Regional Office for Central America. The protocol is now used to train prosecutors, and the Regional Office is monitoring its use.

OHCHR supports the specific needs of countries that are recovering from conflict or repressive rule by the establishment of transitional justice mechanisms, such as justice initiatives, in a variety of ways, including through the provision of technical assistance.

For instance, in Tunisia, OHCHR has supported the development of a law on transitional justice, promoting truth, accountability, reparations and guarantees of non-recurrence of victims. Once approved, the law will lead to the creation of a Truth and Dignity Commission in accordance with international standards.

OHCHR also assists justice initiatives, for instance, to strengthen the capacities of the Public Prosecutor’s Office in Guatemala to investigate human rights violations committed during the country's internal armed conflict. In the DRC, MONUSCO and OHCHR have provided assistance to national criminal investigation teams, and supported the establishment of mobile courts.

Mr. President, Ladies and Gentlemen,

We have a distinguished panel of speakers, and drawing from their rich experience and your discussions, I look forward to ideas on how we can further enhance technical cooperation and capacity building in the administration of justice, so as to continue responding to national needs around the globe.

Thank you.