A/HRC/40/65
Constitution, and then on activities aimed at enhancing the constitutional implementation
process, and also by supporting the Kenyan judiciary to strengthen its capacity to
administer and enhance access to justice. She described the International Development Law
Organization’s work in Kyrgyzstan on projects to bring people closer to the judiciary, the
development of institutional safeguards, and constitutional protection of judicial
independence. Ms. Khan also referred to recommendations made by the Special Rapporteur
on the independence of judges and lawyers in his report relating to the establishment,
composition and functions of judicial councils (A/HRC/38/38) and noted that transparency
was key. She argued that when parliament supported judicial independence, democracy was
strengthened.
45.
Ms. McGrath described the Australian Human Rights Commission’s work, its
relationship with the Parliamentary Joint Committee on Human Rights, and the “bridging
role” that it played between stakeholders. She referred to efforts to improve parliamentary
engagement with human rights and the Committee’s work in examining legislation for
compatibility with human rights. In addition to scrutiny at the federal level, Ms. McGrath
said that some states and territories were embedding human rights scrutiny mechanisms.
She drew attention to the Belgrade Principles on the relationship between national human
rights institutions and parliaments, of 2012, and the Abuja Guidelines, of 2004, which
focused on the relationship between Commonwealth national human rights institutions and
parliaments. She outlined how national human rights institutions could increase
parliamentarians’ human rights knowledge, including through involvement in parliamentary
scrutiny processes, engagement with parliamentarians, and human rights training. She
described the Commission’s written submissions to parliamentary committees on human
rights matters and said it was often asked to provide oral evidence to parliamentary
committees. She concluded by recommending, in relation to parliamentary scrutiny
processes, that the committee charged with conducting human rights scrutiny have the
necessary resources, knowledge, time and capacity to scrutinize legislation effectively, and
that policymakers and public servants have enough human rights expertise. Regarding the
role of national human rights institutions, Ms. McGrath recommended that parliaments see
them as a key resource, consulting them on the human rights compatibility of proposed
laws and using them to help parliamentarians develop skills. Parliamentarians and national
human rights institutions should look for ways to collaborate to ensure that the
recommendations of the human rights treaty bodies and the universal periodic review
received parliamentary consideration. As a national human rights institution’s mandate
would be set out in a constitutional or legislative text, parliamentarians should ensure that
the institution’s founding law guaranteed its independence and granted sufficient resources.
46.
Mr. Kalezic described the work of the MANS project titled “Improving
parliamentary oversight and accountability in Montenegro”, funded by the United Nations
Democracy Fund. The project aimed to help strengthen the Parliament of Montenegro by
entrenching good governance and facilitating greater contact between parliamentarians and
people. He referred to the fact that multiparty democracy in Montenegro was only 30 years
old, and remarked that the parliamentary procedural laws were inadequate and members of
the public were not close to parliamentarians. MANS had compiled an index of
parliamentarians��� actions during parliamentary plenary sessions. This had been publicized
by the media. The result was that some opposition parliamentarians had started to speak up
more; the index had made them feel empowered to speak up as the positions adopted by all
parliamentarians in Parliament were being monitored. Mr. Kalezic referred to the key work
of parliament as being to scrutinize legislation. He said that parliamentarians had not
always been effective in serving as a check against the power of the executive and
parliamentary recommendations were not always implemented by ministries. MANS had
compiled a database of parliamentary recommendations and shown that of 100
recommendations issued during the review period, only 20 had been implemented. Mr.
Kalezic described how MANS had pushed for the recommendations to be implemented and
a procedure for follow-up had been adopted. He said that more remained to be done to
strengthen the relationship between Parliament and the people. He referred to the absence
of a parliamentary procedure for citizens to submit comments and described how a final
draft of such a procedure had recently been adopted by Parliament. He pointed out that civil
society organizations that criticized parliamentarians were often branded as enemies of the
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