A/HRC/38/27
24.
The three fundamental laws on the judiciary, adopted in 2014, establish, inter alia, a
court administration office, which separates adjudicative work from administrative work.
Court administration offices have been set up in each court throughout the country, and a
head of office has been appointed to each one. The laws do not, however, provide clear
guidance on the specific role, duties and responsibilities of each actor within the judiciary
under the new system, which has led to general confusion. OHCHR therefore, jointly with
the Supreme Council of the Magistracy, organized three meetings, which allowed 203
participants, including 10 women, to discuss some of the pending overall issues in the
implementation of the new legal framework governing the judiciary. During the meetings,
representatives of the Supreme Council and the Ministry of Justice provided guidance and
answered questions. Issues requiring further analysis were followed up on by the Supreme
Council of Magistracy, in close cooperation with the Ministry of Justice. This initiative is
expected to lead to an increased and improved implementation of the three fundamental
laws, a positive step towards the judicial reform process in Cambodia.
25.
In the Dominican Republic, an independent assessment of the Office of the
Ombudsman (Defensor del Pueblo) was initiated in February 2017 by OHCHR. In this
regard, a number of activities were planned, including two workshops aimed at gathering
relevant information and at raising awareness of Office personnel of their role and the need
to comply with the Paris Principles.
26.
Drawing on its own expertise and that of the national human rights institutions of
Colombia and Costa Rica, OHCHR provided support to help to bring the Office of the
Ombudsman into compliance with the Paris Principles. An independent capacity
assessment was to be completed by March 2018, while preliminary observations and
recommendations were already shared with the Office. Some of the recommendations, in
particular those relating to the handling of complaints and thematic prioritization, have been
gradually implemented.
27.
In addition, the OHCHR human rights adviser provided advice, input and a
comparative analysis of different pieces of legislation that were used to draft a new project
to reform the law establishing the Office of the Ombudsman in 2001. The draft bill was
presented by two Congress members in June 2017, and will be discussed in 2018. The bill
is intended to harmonize the legal framework of the Office with the Constitution adopted in
2010 and to ensure compliance with the Paris Principles.
28.
In Costa Rica, OHCHR provided technical assistance with the aim of strengthening
internal management and coordination of the Inter-Institutional Commission for the
Monitoring and Implementation of International Human Rights Obligations. It also aimed
to strengthen the capacity both of members of the Commission and other public officials by
means of a training course on building indicators using a human rights-based approach. The
course was developed under the auspices of the OHCHR Central American Regional
Office, and involved 32 State institutions and decentralized entities, targeting in particular
officials responsible for planning and the development of indicators in their respective
institutions. Recommendations of international human rights mechanisms were also
disseminated by means of the website of the Ministry of Foreign Affairs and Worship.
29.
In addition, a permanent consultation body with civil society was established on 4
December 2017. The establishment process was coordinated by the technical secretariat of
the Inter-institutional Commission, the Office of the Ombudsman and the United Nations
entities present in the State. The consultation body has registered 60 civil society
organizations, whose work is to promote and protect human rights, particularly the rights of
women, persons with disabilities, children, indigenous peoples, African descendants,
migrants and refugees, trade unions, and LGBTIQ persons. The official dialogue process
between the State and civil society organizations has commenced through the consultation
body on issues related to international human rights obligations, particularly the reporting
process to United Nations bodies.
30.
In the Republic of Moldova, OHCHR, in an effort to strengthen the national
normative and institutional anti-discrimination framework, made an instrumental
contribution to a package of amendments to (a) civil legislation on the legal capacity of
persons with disabilities, in order to align it with recommendations made in the context of
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