A/HRC/40/65
State, although, he argued, without civil society’s input and oversight, parliaments could
not perform their role effectively.
47.
Ms. Morandini offered insights garnered during her career as a journalist and as a
deputy and senator. She spoke about the need to combat mutual distrust between the press
and politicians. In her recommendations to parliaments, she stated that the best way to gain
the confidence of journalists was for parliamentarians to clearly defend freedom of opinion
and expression. She also urged parliaments to focus on concrete issues and avoid political
propaganda and bureaucratic language, to hold public information hearings, to work with
schools and universities and to offer human rights training to journalists. She stated that
parliaments must persuade the media and civil society organizations to raise awareness
about the importance of parliaments for democracy. She said that parliamentarians needed
to learn how to talk about difficult issues and citizens needed to know that decisions taken
in parliament affected their lives. She highlighted the importance for public engagement of
the freedom of information law recently adopted in Argentina. Turning to the potential for
the Internet to provide global connectivity, Ms. Morandini emphasized that there should be
no excessive filtering or blocking on Internet service provision and intermediary Internet
companies should be committed to transparency and freedom of expression. Ms. Morandini
argued that the media’s work was based on freedom. Legislators should work openly with
the media. In concluding remarks, she reiterated the importance of upholding democracy
and building trust between politicians and journalists.
48.
Participants discussed the importance of exchanges between national
parliamentarians on issues relating to human rights, youth, civil society, climate change and
technology. Others referred to Sustainable Development Goal 16 and emphasized that
parliaments were part of the rule-of-law system and must be open to all.
49.
Participants emphasized that the media and parliament both had a stake in promoting
and upholding human rights. They discussed different approaches to laws on foreign
funding of civil society organizations and referred to the importance of closer links between
parliament and civil society. Noting the challenges facing civil society, they asked how
legislators could help civil society engage with parliament. The discussions also touched on
the need for human rights defenders to be protected against reprisals.
50.
Participants identified questions regarding the relationship between the judiciary and
the executive concerning independence in the appointment of judges, who should appoint
judges, who can ensure that judges are impartial and fair, and who can remove a judge.
During discussions about judiciary accountability, reference was made to the 1985 Basic
Principles on the Independence of the Judiciary 4 and the presence, in many States, of
judicial councils that managed the judiciary and dealt with corruption or abuse. Developing
the capacity of the judiciary, and ethical codes of conduct for the judiciary, were also
considered. Judges and parliamentarians needed to understand their respective weaknesses
and strengths and work together. The lack of gender parity in the judiciary was a concern.
51.
Participants asked how parliaments could ensure the establishment of national
human rights institutions where they had not yet been set up. In reply, a panellist said that
States that had national human rights institutions should articulate the benefits and bring
this up in regional and bilateral conversations.
B.
Recommendations
52.
Parliaments and the judiciary should perform their functions with due respect
for their respective roles and independence and seek to complement each other to
ensure better protection of human rights and the rule of law. Parliaments should take
measures to encourage gender parity within the judiciary.
53.
States that do not have one should take steps to create a national human rights
institution that is in line with the principles relating to the status of national
4
See www.ohchr.org/en/professionalinterest/pages/independencejudiciary.aspx.
13
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