A/HRC/32/34
contexts and to improve cooperation between the special procedures and organizations
working on election monitoring. In this context, the Special Rapporteur presented her views
about the requirements of independence and impartiality of the members of election
complaint adjudicatory bodies.
25.
On 8 March 2016, the Special Rapporteur delivered a statement at a training event
on the universal human rights system, organized by the OHCHR Regional Office for South
America, the Office of the United Nations High Commissioner for Refugees and the
Secretary of Human Rights of the Government of Argentina, and held in Buenos Aires. In
her lecture, she described the work of the special procedures and explained their working
methods to a group of State officials.
26.
Finally, on 10 March 2016, the Special Rapporteur delivered the inaugural address
at the permanent training course for magistrates and judicial personnel in San Miguel de
Tucumán, Argentina, at the invitation of the Office of Human Rights and Justice of the
Supreme Court of the Province of Tucumán. She focused on the main features of justice in
the twenty-first century. She talked about human rights and the right to justice, and in
particular about access to justice, the requirements of independence and impartiality, and
the need for continuing legal training, including training on international human rights law
and gender issues. She also stressed that social perceptions were important: justice should
not be distant from people or expensive for them, or take too long to be done.
III. The independence of the justice system revisited
A.
Origins of the mandate
27.
The mandate of the Special Rapporteur on the independence of judges and lawyers
was established by the Commission on Human Rights, in its resolution 1994/41, to inquire
into allegations of interference and attacks on the independence of the judiciary, lawyers
and court officials; to identify and record those attacks, but also the progress achieved in
this area; and to study important and topical questions of principle with a view to protecting
and enhancing the independence of judges, lawyers, prosecutors and court officials.
28.
Yet, the United Nations had showed concern about the independence of judges,
prosecutors and lawyers well before the creation of the mandate. Early in 1980, the SubCommission on Prevention of Discrimination and Protection of Minorities (later known as
the Subcommission on the Promotion and Protection of Human Rights) appointed
L.M. Singhvi as Rapporteur to work on this issue. He submitted several successive reports,3
and a final one that included the Draft Universal Declaration on the Independence of Justice
containing a body of important principles relating to the independence of judges and
lawyers.4 The Sub-Commission decided to refer the theme to the Commission on Human
Rights, which recommended that the principles contained in Mr. Singhvi’s draft declaration
be taken into consideration when enforcing the Basic Principles on the Independence of the
Judiciary, which had been adopted in 1985.5
29.
In 1989, Louis Joinet, expert member of the Sub-Commission, was appointed to
prepare a working paper on the means of monitoring the Basic Principles on the
3
4
5
A preliminary report in 1980 (E/CN.4/Sub.2/L.731) and progress reports in 1981
(E/CN.4/Sub.2/481 and Add.1), 1982 (E/CN.4/Sub.2/1982/23) and 1983 (E/CN.4/Sub.2/1983/16).
See E/CN.4/Sub.2/1985/18 and Add.1-6.
See E/CN.4/RES/1989/32.
7
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