A/HRC/40/65
IPU, parliamentarians had reaffirmed their commitment to the Declaration. He concluded
by hoping that the Forum would highlight positive examples and experiences of
parliamentary engagement on human rights issues. He also hoped that the Forum would
improve synergies between parliaments and United Nations human rights mechanisms.
III. Parliaments as key actors for the promotion of human rights,
democracy and the rule of law
A.
Discussions
9.
The discussion on agenda item 2 was moderated by Mr. Chungong. The panellists
were Murray Hunt, Director, Bingham Centre for the Rule of Law, British Institute of
International and Comparative Law; Kinley Om, former Member of the National Assembly
of Bhutan; Jamila Debbech Ksiksi, Member of the Assembly of the Representatives of the
People, in Tunisia; and Nassirou Bako Arifari, Member of the National Assembly of Benin,
and member of the IPU Committee on the Human Rights of Parliamentarians. The
discussions considered challenges parliaments faced in fulfilling their functions and in
promoting human rights, democracy and the rule of law. Participants also explored the
discrimination and structural inequalities affecting the capacity of women and groups that
were marginalized or discriminated against to participate in parliamentary work and stand
for parliamentary office. Participants reflected on the need for members of parliament to
enjoy their human rights as a prerequisite for promoting human rights, democracy and the
rule of law.
10.
Mr. Hunt referred to the role of parliaments, through the committee system, and
plenary debate, in reviewing legislation for compatibility with human rights and the rule of
law. Through that review, parliaments could identify positive opportunities to advance the
rule of law and implement a State’s human rights obligations. He also emphasized the key
role of parliaments in preventing violations of human rights and the rule of law by setting
the appropriate legal framework and designing the national human rights machinery. He
drew on his work as legal adviser to the Joint Committee on Human Rights of the
Parliament of the United Kingdom of Great Britain and Northern Ireland and described
examples of the oversight work undertaken by the Committee. He outlined challenges faced
by parliaments, including the need for assistance from policy experts and experts in the rule
of law, and continuing professional training for parliamentarians. Another challenge was
the need to receive sufficient information from government in order to effectively scrutinize
legislation. Mr. Hunt also called for human rights mainstreaming in the work of parliaments
and said that parliamentary human rights committees should encourage other parliamentary
committees to include human rights and rule-of-law issues in their work. Finally, Mr. Hunt
said a working global definition of the rule of law would be helpful. He referred to the
European Commission for Democracy through Law (the Venice Commission), 3 which had
developed a practical concept of the rule of law, and to the rule-of-law checklist agreed
upon by the 47 member States of the Council of Europe. He argued that the Venice
Commission’s process should be replicated at the international level to build global
consensus on what the rule of law meant, and how it should be implemented.
11.
Ms. Om spoke about the different ways in which the National Assembly of Bhutan
conducted its oversight work. She described the work of the parliamentary Human Rights
Committee in reviewing existing laws and policies relating to human rights, recommending
amendments and proposing new legislation. She detailed that committee’s visits to places
of detention to investigate alleged human rights violations. She described the best practice
recommendations made following such visits. That process had led to landmark legislation
to ensure compliance with the rule of law and human rights in relation to conditions of
detention. Ms. Om argued that a parliamentary committee on human rights was best placed
to amend legislation and ensure regard for human rights. She also referred to a project
3
4
Report on the Rule of Law (CDL-AD(2011)003rev); see
www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)007-e.
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