A/HRC/11/41 page 22 74. In this connection, it is worth recalling that the Special Rapporteur, in several of his country mission reports, noted the low level of judicial salaries, in some instances constituting remuneration well below the average national income or not even providing for a decent livelihood.100 The Special Rapporteur also highlighted the problem that, despite the existence of pertinent legal provisions, salaries effectively paid to the judges are not adequate.101 Another specific problem is the great difference in remuneration between different levels of judges, which causes problems to attract and keep judges in rural areas.102 75. Both the Special Rapporteur and the Human Rights Committee have further raised in several instances the concern of significant delay in the payment of salaries.103 The Special Rapporteur is concerned that low salaries and salary arrears are a major factor contributing to the endemic corruption within several judicial systems. He therefore calls that judges be remunerated with due regard for the responsibilities and the nature of their office, as also recommended by the Human Rights Committee.104 (b) Human and material resources 76. The Basic Principles on the Independence of the Judiciary and regional standards require that Member States provide adequate resources to enable the judiciary to properly perform its functions. The Human Rights Committee deplored that the lack of human and material resources is an aspect which may undermine the independence of the judiciary.105 Recommendation No. R (94) 12 gives specific examples for proper working conditions.106 77. The Special Rapporteur, in his country mission reports, underlined the importance of adequate human and material resources to the proper functioning of justice. He noted that in some countries there is a negligible share of the budget allocated to the judicial authority, which causes a shortage of judges and courts, low salaries and unacceptable material conditions.107 As a consequence, he actively recommended that a higher percentage of the national budget be allocated to improving human and material resources of the judicial system.108 In some countries, 100 A/HRC/8/4/Add.2, para. 35; A/HRC/4/25/Add.2, para. 27; E/CN.4/2006/52/Add.4, para. 53. 101 A/HRC/8/4/Add.2, para. 35; E/CN.4/2006/52/Add.3, para. 47. 102 E/CN.4/2005/60/Add.2, para. 37. 103 CCPR/CO/74/GEO, para. 12; E/CN.4/2006/52/Add.3, para. 47. 104 CCPR/CO/84/TJK, para. 17; see also Recommendation No. R (94) 12 (footnote 14), principle III (1) (b); Statute of the Ibero-American Judge, art. 32. 105 CCPR/CO/75/VNM, para. 9; CCPR/CO/83/KEN, para. 20. 106 Principle III. 107 A/HRC/8/4/Add.2, para. 35. 108 Ibid., para. 76.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents