A/HRC/4/102
page 11
indigenous peoples’ customary law and practice for administration of justice have been
examined in certain countries of Latin America such as Ecuador, Guatemala and Mexico.7
B. Legal reform, constitutional, legislative and regulatory assistance
34.
On request, OHCHR helps States that are undertaking efforts to engage in systemic legal
reform. OHCHR also provides, on request, constitutional, legislative and regulatory assistance.
The goal of assistance is to ensure that the legal framework of a State is compatible with human
rights standards, and has institutions and the necessary tools to implement such standards in
practice. Examples are given below where OHCHR has provided assistance to help States
ensure their legal framework is consistent with human rights norms.
Systemic legal reform
35.
In Iraq, in July 2005 the human rights component of the United Nations Assistance
Mission for Iraq (UNAMI) organized a round table on justice reform in coordination with the
Ministry of Justice, the Ministry of Human Rights, donors and other United Nations departments
and offices such as UNODC to examine the needs of the Ministry of Justice and Ministry of
Human Rights and to determine how best to meet them. Similarly, in a series of meetings from
February to December 2006, it participated in meetings of the Rule of Law Sectoral Working
Group, an entity under the President of the Supreme Judiciary Council, with participation of the
ministries of Justice, Interior, Defence and Human Rights, as well as donors, United Nations
agencies, programmes and funds, and the World Bank. The meetings mapped out Iraqi needs,
took stock of current donor assistance in the rule of law sector, and formulated an overall
strategy for strengthening the administration of justice and the rule of law.
36.
Areas addressed by the Rule of Law Sectoral Working Group included support for the
administration of justice, with reference to modernizing infrastructure and building capacity of
personnel (police, prison administration, justice system); implementing human rights provisions
in the Constitution; legislative reform, establishing a national human rights commission;
ensuring human rights education and support for civil society organizations. Within the Rule of
Law Sectoral Working Group, a core group on human rights was established to review
continually the needs of the key Iraqi institutions, to discuss implementation, and track
commitments of donors. A similar initiative took place in Basra.
7
These issues have been looked at by the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people during his country visits to these three
countries. The Special Rapporteur has identified the question of the cohabitation between
national justice systems and indigenous justice systems, including indigenous customary law, as
a theme to which he will devote attention. A seminar was organized by OHCHR and the Spanish
National University for Distance Education (UNED) Faculty of Law in Madrid in
November 2003, and the Special Rapporteur used the information and results of his discussion to
prepare his main study on access to administration of justice for indigenous people that was
presented to the Commission on Human Rights in 2004 (see E/CN.4/2004/80 and
E/CN.4/2004/80/Add.4).
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