A/HRC/41/25
39.
OHCHR organized the second session of the Forum on Democracy, Human Rights
and the Rule of Law, held in Geneva on 22 and 23 November 2018, on the theme of
“Parliaments as promoters of human rights, democracy and the rule of law”. Referring to
the report on the contribution of parliaments to the work of the Human Rights Council and
the draft principles on parliaments and human rights (see A/HRC/38/25 and annex I),
Martin Chungong, Secretary-General of IPU and Chair of the Forum, encouraged
parliamentary involvement in the universal periodic review and other United Nations
human rights mechanisms. Parliamentarians needed to ensure that the recommendations of
United Nations human rights mechanisms were implemented, particularly as
implementation often required legislative changes. He referred to the role played by
international and regional parliamentary organizations in strengthening the attention paid
by parliaments to human rights issues. Mr. Chungong called on all present to examine the
recommendations in the report on the Forum (A/HRC/40/65) and consider how they could
be implemented. Further engagement between members of parliaments from francophone
States participating in the universal periodic review and Chairs of existing parliamentary
human rights committees worldwide are envisaged in June 2019, in close cooperation with
OIF and IPU. In November 2018, the Commonwealth Secretariat and the Universal Rights
Group published a study, in which they made the point that “the domestic implementation
of universal human rights obligations and commitments is at the very top of the
international political agenda”.2 In the conclusions of the study, the OHCHR report and the
draft principles annexed to it were referenced, the authors noting that they mirrored the
work of the Commonwealth “in promoting consideration and elaboration of universal
principles to guide the engagement of national parliaments with the UN human rights
system and mechanisms”.3
F.
Ensuring a strong and independent judiciary
40.
In his most recent report on human rights in the administration of justice, the
Secretary-General stated that equal and effective access to justice was an essential
component of the right to an effective remedy and could be implemented only by an
independent and impartial justice system (A/73/210, para. 4). The Secretary-General further
noted that several human rights mechanisms had highlighted the importance of access to
justice in the legal protection of human rights and had provided guidance on its
implementation.
41.
OHCHR contributes to the overall United Nations effort in the area of
administration of justice, including by supporting constitutional or legislative reforms to
ensure compliance with human rights law; protecting the human rights of persons deprived
of their liberty; enhancing the human rights knowledge of members of the judiciary and law
enforcement officers; and supporting transitional justice processes and mechanisms.
42.
The role of an independent judiciary in ensuring effective access to justice has also
increasingly been the subject of Human Rights Council resolutions and of
recommendations addressed to Member States during the universal periodic review, also
opening up space for discussion on such issues at the national level. OHCHR provides
support to judges and lawyers worldwide, including in the implementation of human rights
recommendations, at the request of Member States. For example, in 2018 OHCHR
supported Jamaica, through its human rights adviser, on the implementation of
recommendations from the universal periodic review focused on raising awareness of
international human rights norms among judges, lawyers and prosecutors to ensure that
they are taken into account before national courts. For that purpose, an online training
course on international human rights law for the judiciary was developed. The training
entails four modules (overview of international human rights law; rights of persons
deprived of their liberty; right to a fair trial; rights of persons living with HIV; and rights of
2
3
See “The global human rights implementation agenda: the role of national parliaments”, pp. 12 and
40.
Ibid., p. 41.
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