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.
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