HUMAN RIGHTS COUNCIL DISCUSSES INDEPENDENCE OF JUDGES AND LAWYERS, AND VIOLENCE AGAINST WOMEN

The Human Rights Council during its midday meeting held a clustered interactive dialogue with Diego Garcia-Sayan, Special Rapporteur on the independence of judges and lawyers, and with Dubravka Simonovic, Special Rapporteur on violence against women.

Presenting his first report, Mr. Garcia-Sayan underlined various forms of interference in the work of judges and lawyers. There were judges and lawyers in prison, or who had been removed from their positions by the political authorities, while organized crime tried to weaken the justice system and the independence of judges. It was, thus, extremely important to strengthen the justice system in the face of any form of authority. Judges had to be able to ensure that people could have a recourse to an independent mechanism of justice. Fighting corruption was the key element to ensure the credibility of the system and it required constant attention, Mr. Garcia-Sayan stressed. He also spoke about his predecessor’s visit to Sri Lanka.

In her presentation, Ms. Simonovic highlighted that States had the obligation to establish a comprehensive national framework to combat and prevent gender-based violence, yet
there was still a lack of adoption of comprehensive approaches to integrate services and shelters to prevent violence. This obligation was enshrined in international and regional human rights instruments and had been further elaborated by the Committee on the Elimination of Discrimination against Women in its jurisprudence. Ms. Simonovic called for the establishment of a United Nations global database on numbers and types of shelters and recommended that States provide for a sufficient number of safe shelters that were adequately funded, including in rural areas. She also spoke of her country visits to Israel, the Occupied Palestinian Territory and Argentina.

Sri Lanka, Argentina, Israel and State of Palestine spoke as concerned countries. Also addressing the Council was the Independent Commission for Human Rights of Palestine.

In the ensuing discussion on the independence of judges and lawyers, speakers emphasized that the independence and impartiality of the judiciary and the independence of lawyers and the legal profession were a prerequisite for human rights protection and the application of the rule of law. They welcomed the Special Rapporteur’s analysis regarding the right to a fair trial in the context of military courts, states of emergency, conflict situations, or when reasons of State and protection of national security were at stake. A strong, independent and efficient judiciary was essential to holding other branches of Government to account, building citizens’ confidence in the rule of law, and to root out corruption.

In the discussion on violence against women, speakers welcomed the attention given to the issues of shelters and protection orders, considering their importance to facilitate survivor-centred efforts in response to violence against women and girls. They urged States and companies to address online gender-based abuse while warning against censorship. The prevention and eradication of violence against women and girls required adopting integrated and inclusive policies, establishment of prevention and support mechanisms, and changing the macho mind sets. National and regional, as well as historic, cultural and religious factors which determined the plurality of political and judicial systems in countries, had to be taken into consideration.
Speaking were Tunisia on behalf of the African Group, European Union, Peru on behalf of a group of countries, Lithuania on behalf of a group of 53 countries, Egypt on behalf of the Arab Group, Jamaica, Qatar, Austria, Malaysia, Estonia, Montenegro, Maldives, Canada, Denmark, Italy, Cuba, Spain, Belgium, United States, Saudi Arabia, Kyrgyzstan, Australia, Mexico, Switzerland, Finland, Poland, El Salvador, Sudan, Pakistan, Togo, Venezuela, Brazil, France, China, Slovenia, Egypt, Sweden, Algeria, Colombia, Latvia, Thailand, Honduras, Afghanistan, South Africa, Portugal, Iran, Israel, Liechtenstein, Hungary, Turkey, Angola, Tunisia, Ecuador, Bosnia and Herzegovina, Bolivia, Iraq, Georgia, India, Nigeria, Bangladesh, Botswana, Council of Europe, Paraguay, Bahamas, Republic of Korea, Jordan, Slovakia, Albania, Morocco, Sierra Leone, and Greece. International Development Law Organization also spoke.

The following civil society organizations also took the floor: International Bar Association, Alsalam Foundation, Freedom Now, Asian Legal Resource Centre, Human Rights House Foundation, International Commission of Jurists, United Nations Watch, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Swiss Catholic Lenten Fund, Il Cenacolo, Liberation, Association Bharathi Centre Culturel Franco-Tamoul, Conseil International pour le soutien à des procès équitables et aux Droits de l’Homme, International Human Rights Association of American Minorities, and World Muslim Congress.


At 4 p.m., the Council is scheduled to hold an individual interactive dialogue with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.


Documentation

The Council has before it the Report of the Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31).

The Council has before it an addendum to the Report of the Special Rapporteur on the independence of judges and lawyers - mission to Sri Lanka (A/HRC/35/31/Add.1).

The Council has before it the Report of the Special Rapporteur on violence against women, its causes and consequences (A/HRC/35/30).

The Council has before it an addendum to the Report of the Special Rapporteur on violence against women, its causes and consequences - mission to Israel (A/HRC/35/30/Add.1).

The Council has before it an addendum to the Report of the Special Rapporteur on violence against women, its causes and consequences - mission to the Occupied Palestinian Territory (A/HRC/35/30/Add.2).

The Council has before it an addendum to the Report of the Special Rapporteur on violence against women, its causes and consequences - mission to Argentina (A/HRC/35/30/Add.3).

The Council has before it an addendum to the Report of the Special Rapporteur on violence against women, its causes and consequences - comments by Argentina (A/HRC/35/30/Add.4).

Presentation of Reports by the Special Rapporteur on the Independence of Judges and Lawyers

DIEGO GARCIA-SAYAN, Special Rapporteur on the independence of judges and lawyers, in his first address to the Human Rights Council, reaffirmed his commitment to bring about the greatest possible collaboration with as many stakeholders as possible in the implementation of the mandate. The report summarized the thematic work carried out by the Special Rapporteurs to date and it also underlined the various forms of interference in the work of judges and lawyers, which represented an important challenge for democracy, the international community and the human rights system. There were judges and lawyers in prison, or who had been removed from their positions by the political authorities, while organized crime tried to weaken the justice system and the independence of judges. It was thus extremely important to strengthen the justice system in the face of any form of authority – political, economic or the media. Judges must be able to ensure that people could have a recourse to an independent mechanism of justice. Fighting corruption was the key element to ensure the credibility of the system and it required constant attention, including through the strengthening of the use of the United Nations Convention against Corruption, which must be systematically included in the legal instruments of human rights protection.

The future report to the General Assembly would focus on organized crime and the threats it posed to the independence of judges and lawyers in general. It was not entirely a negative overview of the situation concerning the independence of the judiciary, said the Special Rapporteur, noting the positive steps taken to protect it, including the fact that so many judges and lawyers were able to exercise their functions without interference in many countries throughout the world.

Turning to the visit to Sri Lanka conducted by his predecessor in May 2016, Mr. Garcia-Sayan said that the report outlined the structural problems experienced in the post-conflict period, including the lack of representation of minorities in the police and prosecution, and the negative impact on obtaining justice for Tamil speakers, due to the absence of the language from official judicial proceedings. Sri Lanka should put in place transitional justice to tackle the past comprehensively and demonstrate real commitment to bring about a deep seated reform. In October 2017, the Special Rapporteur said he would carry out his first country visit to Poland.

Presentation of Reports by the Special Rapporteur on Violence against Women, its Causes and Consequences

DUBRAVKA SIMONOVIC, Special Rapporteur on violence against women, its causes and consequences, recalled that last September, she had presented a report to the General Assembly on the modalities for the establishment of a femicide watch. Formal collaboration had been established with the Commission on Crime Prevention and Criminal Justice of the United Nations Office on Drugs and Crimes in order to carry out such work with a view to effectively address femicide and other areas related to violence against women. The Special Rapporteur emphasized the need to collect femicide data on this phenomenon that would enable States to adopt actions needed to prevent many preventable deaths of women. The implementation of the 2030 global framework offered a new opportunity to accelerate progress in achieving gender equality and the empowerment of women.

Ms. Simonovic highlighted that States had the obligation to establish comprehensive national frameworks to combat and prevent gender-based violence. This obligation was enshrined in international and regional human rights instruments on women’s rights and had been further elaborated by the Committee on the Elimination of Discrimination against Women in its jurisprudence. However, there was still a lack of adoption of comprehensive approaches to integrate services and shelters to prevent violence against women. States should ensure that services facilitated women’s empowerment and recovery from violence and enabled them to overcome the consequences of violence to rebuild their lives. In some States there were no shelters, in others there were only daily shelters. She called for the establishment of a United Nations global database on the numbers and types of shelters and recommended that States provide for a sufficient number of safe shelters that were adequately funded, included in rural areas. At least one shelter capable of admitting women and children around the clock should be avavailable in every region of each State. One shelter place for every 10,000 inhabitants could serve as a benchmark.

Turning to her country visits, Ms. Simonovic said she had gone to Israel, the Occupied Palestinian Territory and Argentina. In Israel, she called on for the implementation of measures to mitigate the gendered impact of the occupation, and called for ending the occupation and the blockade of the Gaza Strip. More specifically, she recommended actions to combat and prevent human rights abuses against women committed by State and non-state actors in the occupied territories and at checkpoints. Finally she prompted investigation of cases of allegations of settlers’ violence. In the Occupied Palestinian Territory, Ms. Simonovic pointed out that women suffered, both in the private and public sphere, from a system of violence emanating from the tradition and culture with embedded patriarchal social norms.

Argentina had made significant advances in promoting and monitoring the implementation of its international obligations on violence against women, Ms. Simonovic said. Remaining challenges included the frequent refusal of doctors to perform abortions, high maternal mortality rates, and the obstacles to prosecute and punish rape effectively.

Statements by Concerned Countries

Sri Lanka, speaking as a concerned country in relation to the report by the Special Rapporteur on the independence of judges and lawyers, said that during the past two and a half years, the National Unity Government had set out to strengthen engagement with the United Nations system, the human rights treaty bodies system and the international community as a whole, and had received several visits by the Special Procedures, while others were planned. Since the elections in January 2015, important steps had been undertaken to strengthen the independence of judges, including through the nineteenth amendment to the Constitution which had introduced constitutional safeguards to ensure judicial independence, including judicial appointments, security of tenure and pay. Being a multi-ethnic country, the judicial language varied depending on the parties, and the service of interpretation was used to remove any language barriers. Sri Lanka would continue to stay engaged with Special Procedure mandate holders in the spirit of constructive cooperation.

Argentina, speaking as a concerned country in connection to the Special Rapporteur on violence against women, said that Argentina was focused on the promotion of the Sustainable Development Goal 5 on gender equality, which the President had declared to be a primordial goal of the country and a State policy. The national plan of action to address violence against women had been created, while the Convention on the Elimination of All Forms of Discrimination against Women enjoyed constitutional ranking. In terms of recent legislative progress, Congress had approved the amendment to the criminal code which had described sexual abuse conduct and thus reduced the margins of judicial interpretation of the conduct, while in June 2017, the Supreme Court had ordered the National Register of Femicides to register also the cases of transvestites.

Israel, speaking as a concerned country, noted that the report amounted to a missed opportunity since it was framed almost entirely in terms of the Israeli-Palestinian conflict, completely overshadowing many other key factors that influenced gender based violence, such as socio-economic, religious and cultural factors. The recurring term of “gendered impacts” of the occupation or conflicts remained extremely vague. It provided no evidence of explanation for many of the claims and served as a shaky base for some far-reaching conclusions about Israel’s alleged responsibility for the violence that Palestinian women suffered on the hands of other Palestinians. Moreover, while putting a disproportional focus on the conflict, it ignored the effects that the conflict had over Israeli women and girls. There was no reference to many female victims of Palestinian incitement and terror.

State of Palestine, speaking as a concerned country, said the continuation of the colonial Israeli military occupation that had entered its fiftieth year remained the main obstacle for Palestinians, including women. Women were subjected to illegal practices and numerous daily violations, such as extrajudicial killings and injury, home demolitions, forced displacement, arrest and detention, and the denial of basic human rights. Palestinian women lived in a permanent state of insecurity, tension and fear due to the colonial occupation. Palestinian women were also disproportionately affected by racist Israeli policies and laws which prevented Palestinians with different residencies from living together as a family. Only an end to the occupation and the fulfilment of the long-overdue self-determination of the Palestinian people would bring true and lasting empowerment to the Palestinian people, including women and girls.

Independent Commission for Human Rights of Palestine, in a video statement, said Palestinian women suffered from being forced out of their homes, living in difficult circumstances. Minors were imprisoned in Israeli prisons. Over 27 women had been executed at the hands of settlers and soldiers. Over 500 women had been killed over the last few years. Women suffered from a lack of access due to military check-points. Women in Jerusalem were subjected to forced displacement attempts, in addition to women incurring more of a social burden. There was a fragmentation due to the difficulty of getting residence permits. The Human Rights Council was called on to put an end to violence and to take measures to expose the practices and crimes of Israel and stamp them out. The Human Rights Council should pressure the occupying power on women’s rights.

Clustered Interactive Dialogue

Tunisia, speaking on behalf of the African Group, reiterated the Group’s strong commitment to zero tolerance to violence against women and girls and noted the challenges in the form of negative stereotypes and harmful traditional practices. The African Group was fully committed to ensuring the independence of judges and lawyers and stressed that a gender-sensitive judiciary was crucial to achieving gender equality. European Union shared concern about the impact of corruption on the independence of the judiciary and asked how the Special Rapporteur would assist States in improving the implementation of international standards aimed at ensuring the independence of judges and lawyers. The European Union agreed on the importance of regional human rights frameworks on preventing violence and discrimination against women and said that it had taken first steps towards signing the Istanbul Convention. Peru, speaking also on behalf of Argentina, Brazil, Colombia, Costa Rica, Chile, Guatemala and Mexico, said that an independent judicial system was a prerequisite for the protection of human rights and the functioning of democracy and highlighted the inter-American human rights system as an example of the mainstreaming of international norms and standards expressed through the jurisprudence and opinion of the Inter-American Human Rights Court.

Lithuania, speaking on behalf of a group of 53 countries, said that the increase of gender equality was undeniable but on the other hand, the de facto status of women around the world had not improved significantly and violence against women was one if its most nefarious expressions. Around two per cent of gross domestic product was lost to gender-based violence and addressing the issue was not only a good thing to do but a smart thing to do. Egypt, speaking on behalf of the Arab Group, made a distinction between the death penalty and murder and called on all to avoid confounding the two. It was essential to protect judges and lawyers from groups which used their influence to achieve their aims. There was a great interest in the Arab States to improve the rights of women and it was essential to put an end to the suffering of Palestinian women. Jamaica continued to engage its stakeholders in addressing violence against women, gender-based violence and domestic violence and asked how the United Nations and individual States could increase the outreach and interventions for boys and men and whether there was a need for formalized parenting programmes to address violence against women.

Qatar said its constitution set out the principle of equality among all citizens regardless of their gender, and the family code set out provisions on women’s rights. Qatar had also adopted a law on human trafficking, and would protect and support the rights of Palestinian women. Austria said there were currently 30 women’s shelters throughout Austria, and support was provided for women and children there. There was also transitional housing, and women victims of domestic violence had recourse to protection orders which could be extended if needed. Malaysia said eliminating violence against women was key to the country’s policies in that regard, and asked the Special Rapporteur to elaborate on possible negative consequences of mandatory reconciliation. Estonia thanked the Special Rapporteur for her work, and noted that services provided today to women victims of violence included for example the national victim support service and an around-the-clock hotline for victims of violence.

Montenegro said it had strengthened its normative and institutional framework to provide a more efficient protection for victims of domestic violence. Regarding the report of the Special Rapporteur on the independence of judges and lawyers, it was emphasized that the independence and impartiality of the judiciary and the independence of lawyers and the legal profession were a prerequisite for human rights protection and the application of the rule of law. Maldives said that over the years, efforts had been made to strengthen the governance structure of the judicial system of Maldives by enacting supporting legislation and building the capacities of the national judicial institutions. The independence of the judiciary system was a priority for Maldives.

Canada welcomed the attention to the specific issues of shelters and protection orders given their importance to facilitate survivor-centred efforts in response to violence against women and girls and urged States and companies to address online gender-based abuse while warning against censorship. Denmark said that one out of three women experienced violence and stressed that ending violence against women and girls must be given the highest political priority. Could the Special Rapporteur elaborate on concrete steps and best practices on training of judges, lawyers and law enforcement personnel on the application of national laws on violence against women? Italy firmly believed that a human rights-based approach must be applied in addressing violence against women and girls and that adequate resources must be allocated for those efforts. What were the good practices on lethality risk assessment?

Cuba agreed that the prevention and eradication of violence against women and girls required adopting integrated and inclusive policies, establishing prevention and support mechanisms, and changing the macho mind sets. National and regional, as well as historic, cultural and religious factors which determined the plurality of political and judicial systems in countries must be taken into consideration. Spain was deeply committed to the women, peace and security agenda and considered that violence against women was a grave threat to peace, and, stressing the responsibilities of States, agreed that breaking the cycle of silence was a major challenge in the eradication of violence against women. Belgium welcomed the detailed clarification and guidance on States’ obligations to protect the human rights of women and their safety and expressed appreciation for the Special Rapporteur’s efforts to enhance collaboration between the international and regional mechanisms on women’s human rights and violence against women.

United States urged governments to allow lawyers to defend their clients free from unwarranted interference, and asked the Special Rapporteur on that topic to say more about his priorities for the mandate. Special Rapporteur Simonovic was asked to give examples of how stakeholders could leverage their efforts to produce more effective results. Saudi Arabia welcomed the Special Rapporteur on violence against women and added that there were several actors and mechanisms in the country that received communications on violence against women. Saudi Arabia had established training seminars to raise awareness around the issue of domestic violence. Kyrgyzstan said violence against women was often committed by women’s fathers or husbands, and the practice showed that a boy who witnessed his mother being beaten would most likely become a man who beat his wife.

Australia thanked the Special Rapporteurs for their reports, noting that violence against women was a complex problem and required sustained efforts from across society. Mexico said extending coordination between regional and international systems would provide improved results; Mexico had worked to establish a normative strategy to guarantee the rights of girls and women. Regarding the independence of judges, Mexico had a national transparency council, which was an autonomous body ensuring there was transparency among the authorities. Switzerland said its parliament had ratified the Council of Europe Convention on preventing violence against women, a decisive step that showed the problem could be fought across Europe.

Finland noted that the prevention of violence against women was one of Finland’s priorities. What were the key elements that needed to be taken into account when training public officials to ensure a human rights based approach to violence against women? Poland said that the obligation to provide assistance to women affected by domestic violence was an important part of its policies. What further steps could be taken by States to contribute to the empowerment and full rehabilitation of the victims of violence? El Salvador agreed that laws on violence against women needed to have a human rights based approach. Its national programmes provided a range of services to victims of domestic violence, including shelters and psychological and legal aid. Sudan noted that women enjoyed positive discrimination in the country, and according to the Constitution 25 per cent of public offices should be occupied by women. As for the independence of the judiciary, Sudan was committed to fulfilling international standards in that respect.

Pakistan noted that an independent judiciary played an important role in the protection of human rights, whereas States should focus on capacity-building and training of judiciary staff. A multi-stakeholder approach should be adopted in addressing violence against women. Togo emphasized that the rule of law could only be established if there was an independent and accessible judiciary. As for violence against women, there was a need for continued mobilization in order to prevent such violence.

Venezuela said it had taken important steps to reduce dramatically violence against women. Its organic law on the right of women to be free from violence defined violence against women as a public offence and defined penal sanctions for 19 kinds of gender-based violence, while specialized courts and prosecutors for violence against women guaranteed the right of women to a life free of violence. Brazil was convinced that the independence of judges and lawyers was a cornerstone of democracy and an essential component of the rule of law. Protection orders for victims of gender-based violence were crucial to encourage women to seek justice and to guarantee their safety during critical moments and judicial proceedings. France stressed the necessity and importance of the mandate on the independence of the judiciary given the threats to the independence of the judiciary throughout the world and regretted that many lawyers were still subjected to intimidation. What types of support measures would assist the economic empowerment of women when they were in shelters?

China said it was undergoing a judicial reform to improve judicial independence. China was committed to eliminating violence against women and had in place a system for the legal protection of women based on the Constitution and about 100 implementation laws. The law on family violence had entered into force in 2016. Slovenia had extended to 15 days the period of immediate restraining orders to perpetrators of domestic violence, and asked the Special Rapporteur to provide examples of positive trends in ensuring regular funding by States for shelters and in applying an integrated approach to protective measures and services. Egypt noted that sometimes terrorist acts were perpetuated against prosecutors and judges and urged the Special Rapporteur to address the impact of terrorism on the independence of the judiciary in his next report. The Council of Women of Egypt had been invited to work with the Government to draft a strategy to fight violence against women.

Sweden said the Human Rights Council needed to focus its attention on the continued high prevalence of violence against women and girls, adding that developments in some places were clearly going in the wrong direction. The Special Rapporteur was asked to elaborate on her report’s recommendations for the development of additional indicators related to Sustainable Development Goal 5 (2) and the establishment of a “femicide watch”. Algeria said negative stereotypes against women often gave rise to invisible violence, and asked the Special Rapporteur to address that issue in greater detail. Algeria had elaborated a relevant national strategy to mitigate the problem. Colombia said it had established support measures to provide female victims and their children with assistance, including psychological assistance; a telephone line operated by the national police also assisted women. The Special Rapporteur was asked what measures could assess progress made.

Latvia said the prevention of violence against women required coordinated policies, and asked the Special Rapporteur to share examples of good practices in overcoming cultural barriers. A fine balance had to be struck between the consumers of justice and the equal importance of the freedom of expression; the Special Rapporteur was asked if he intended to cooperate with the Special Rapporteur on freedom of expression on that subject. Thailand said there were shelters operating in Thailand with the support of the Government or under royal patronage; these shelters protected women, including victims of trafficking. Thailand asked the Special Rapporteur about the role that the community could play in the protection of women and girls from violence as well as the organization of self-help groups, among other initiatives. Honduras welcomed the stress in the Special Rapporteur’s report on the importance of providing shelters and said Honduras recognized domestic violence as a public affair. Deaths based on gender could be prevented, but policies required inter-institutional coordination.

Afghanistan noted that its Constitution recognized the equal status of women and men, and any kind of discrimination was forbidden. Since the fall of the Taliban regime in 2001, women in Afghanistan had experienced improvements in various areas of life. South Africa expressed outrage over the findings that one in three women worldwide experienced physical and sexual violence, which in most cases occurred at the hands of intimate partners. Early intervention was key for affecting change vis-à-vis gender-based violence. Portugal welcomed the analysis regarding the right to a fair trial in the context of military courts, states of emergency, conflict situations, or when reasons of State and protection of national security were at stake. Portugal was committed to reinforcing public policies related to the fight against violence against women.

Iran noted that the respect for the rule of law, and the independence and the impartiality of the judiciary were key for the protection of human rights. Iran strongly condemned violence against women, and it had established protecting services for victims of such violence. Israel emphasized that its courts continued to play a crucial role in anchoring and promoting human rights in Israeli society. Although legislation was wholly within the competence of Parliament, the Supreme Court did call attention to the desirability of legislative changes. Liechtenstein called attention to violence witnessed by children which could lead to deep traumas and increase the risk that they themselves become perpetrators. How did the Special Rapporteur intend to promote the measuring of gender-related killings in order to comprehensively achieve the Sustainable Development Goals?

Hungary highlighted that the existence of corruption in the judiciary directly undermined the rule of law and the ability of the judiciary to guarantee the protection of human rights. There were an increasing number of attacks against lawyers worldwide. Turkey stressed that the prevention and eradication of violence against women required profound transformations in policies, laws and insets. Turkey highlighted that the Istanbul Convention acted as a strong regional instrument in order to fight any acts of violence against women. Angola welcomed the increasing coordination between regional and international instruments for the promotion of women’s rights and the prevention of domestic violence. Despite financial restrictions, Angola had established shelters to welcome children and women who were victims of violence in the country.

Tunisia said that the preservation of the rule of law was essential in all democracies. This principle was enshrined in the Tunisian Constitution. The independence of the judiciary also played a key role in the protection of women’s rights at a time when women faced important stigmatization and discrimination. Ecuador said that it had set up a national body in charge of fighting corruption in the judiciary. Turning to violence against women, measures had been taken to avoid that perpetrators of violence remained immune. Campaigns on gender equality were in place in primary schools to eradicate patriarchal mindsets. Bosnia and Herzegovina said that femicide was the most extreme and tragic of intimate relationship violence. The establishment of safe women’s shelters and immediate protection orders should be seen as human rights obligations.

Bolivia shared the rights-based approach in dealing with violence against women, adding that Bolivia had been setting up temporary shelters for women suffering from violence, which the sub-national authorities were responsible for providing and equipping. Iraq said it had launched a plan to implement the Security Council resolution on protecting women against violence in conflict, and had cooperated with the Special Rapporteur on violence against women. The Iraqi judiciary continued to work independently without discrimination against any Iraqis. Georgia noted that following the visit of the Special Rapporteur, the country had ratified the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence. Women’s rights remained a serious challenge in the occupied regions of Georgia.

India said ending violence against women could be achieved by guaranteeing the implementation of non-discriminatory policies and action plans with a view to ensuring absolute gender equality. The Protection of Women from Domestic Violence Act of 2005 provided civil remedies and access to justice for women. Nigeria said its constitution guaranteed the independence of the judiciary, and judges were appointed, transferred and disciplined by the National Judicial Council, which was made up of men and women of utmost integrity. Judges were called on to recognize their distinct function in society and how they were perceived by people. Bangladesh asked the Special Rapporteur on violence against women to explore the possibility and necessity of ensuring the availability of shelters for foreign female domestic workers in many countries, who were inherently vulnerable to potential mistreatment and violence.

Botswana stated that promoting and protecting the independence of the judiciary was a critical ingredient in ensuring the separation of powers. As for violence against women, Botswana emphasized the importance of the training of judges, police officers and others involved in the justice system. Council of Europe said that it had recently launched its first monitoring programme for the implementation of the Istanbul Convention by its Member States, with Austria and Monaco being the first countries to submit their reports. Paraguay agreed that impunity and the lack of reparations and guarantees for non-repetition were the main cause of violence against women. Adequate training and education were necessary to promote gender equality.

International Development Law Organization stressed that a strong, independent and efficient judiciary was essential to holding other branches of Government to account, building citizens’ confidence in the rule of law and to root out corruption. Bahamas appreciated the Special Rapporteur’s engagement with the Commission for Crime Prevention and Criminal Justice to fight violence against women. How could States best define the notion of “femicide” in order to better identify those cases? Republic of Korea agreed that it was important to provide a comprehensive approach to services and protection measures for the victims of domestic violence, and it welcomed the mainstreaming of training on gender-based violence for police and judges.

Jordan recalled that the rule of law and the principle of the separation of powers was enshrined in the constitution. Recent draft bills had been adopted in order to strengthen the independence of judges and upgrade the judiciary system. Jordan paid special attention to the protection of the rights of women. Slovakia said it highly valued gender equality and women’s empowerment, and commended the Special Rapporteur for her focus on domestic or intimate partner violence. Slovakia asked the Special Rapporteur to give details on the measures that could encourage women to report cases of violence. Albania said that the respect for the principles of the impartiality and the independence of judges was of utmost importance. Albania noted that despite the efforts that had been carried out, the effective status of women had not progressed. Boys and men should be involved in the establishment of campaigns fighting discrimination against women.

Morocco stated that the adoption of major reforms had led to the establishment of an independent judiciary system. Morocco had extended an invitation to the Special Rapporteur for a visit before the end of the year. Sierra Leone outlined that providing shelters to women and children who were victims of violence in rural areas might be challenging. It was important to involve local communities and take common law into account to effectively address the issue of violence against women in developing countries. Greece said that despite major budget cuts, no efforts would be spared to protect women from domestic violence. A national action plan had recently been adopted to strengthen the avenues for victims of domestic violence to access legal counselling.

International Bar Association, in a joint statement with, Lawyers for Lawyers, and Lawyers' Rights Watch Canada, welcomed the focus on the situation of lawyers at risk and bar associations. It noted with concern the increasing lack of respect of the legal profession, adding that lawyers should be regarded as human rights defenders. Alsalam Foundation, in a joint statement with the Americans for Democracy and Human Rights in Bahrain, drew attention to the targeting of women human rights defenders in Bahrain. It drew the Council’s immediate attention to Bahrain’s military courts that were trying civilians with exceedingly harsh sentences. Freedom Now called attention to the silencing of the most prominent independent lawyer in Tajikistan, Shukrat Kudratov. The Tadjik Government had systematically targeted independent lawyers with imprisonment and intimidation since 2014.

Asian Legal Resource Centre noted that judges and lawyers in Asia were facing an unprecedented crackdown on their professional freedom and independence, most notably in Bangladesh, China and Thailand, where they faced severe threats. Human Rights House Foundation warned that in Europe, Caucasus and Central Asia lawyers worked in unacceptable conditions, including facing retaliation for their work. It cited cases from Azerbaijan, Crimea and Moldova. International Commission of Jurists drew attention to the undermining of the independence of the judiciary in Turkey and Azerbaijan. As for violence against women, it regretted that some States, such as the Russian Federation, the United States and the Philippines, had introduced laws that undermined women’s rights.

United Nations Watch regretted that the report of the Special Rapporteur undermined the numerous acts of violence committed by Palestinian men against women. There was a serious lack of data available on such acts. Comision Mexicana de Defensa y Promocion de los Derechos Humanos outlined that the appointment system of judges in the judiciary system in Mexico was subject to an important interference by politicians. These political ties made it impossible to prosecute crimes when officials were involved. Swiss Catholic Lenten Fund said that, in Guatemala, the independence of judges remained a key challenge in order to ensure transparency in the judicial system. Threats of reprisals too often deterred citizens from going before the judges.

Il Cenacolo voiced concerns about the abduction and detention of West Saharan women by militias linked to the Polisario movement in the camps of Tindouf. Il Cenacolo called on the international community to launch investigations into the human rights violations committed by the Polisario. Liberation spoke about violence against women in India and called on the Special Rapporteur to visit the country in order to witness the implication of the Indian army in murder, torture, and rape. Asociation Bharatii Centre Culturel Franco-Tamoul voiced concerns about the increase in the number of cases of harassment of human rights defenders and activists in the Tamil region in Sri Lanka. The judiciary system in Sri Lanka failed to align with related international standards.

Conseil International pour le soutien à des procès équitables et aux Droits de l’Homme said everyone had the right to bring their cases before neutral and fair courts, but the citizens of Western Sahara did not have access to a fair trial and there was no respect for the principle that everyone was presumed innocent. International Human Rights Association of American Minorities supported the recommendations of the Special Rapporteur on the independence of judges. In Yemen, since the Houthi militias had overthrown the government, a general prosecutor had been prosecuting all political opponents, and hundreds of charges had been issued against opponents for supposed treason. World Muslim Congress drew the Council’s attention to the situation of women in Kashmir, where female college students poured into the streets to protest India’s occupation. Kashmir’s brave women needed the support of the Human Rights Council.

Concluding Remarks

DIEGO GARCIA-SAYAN, Special Rapporteur on the independence of judges and lawyers, said there was a shared view of the tasks lying ahead, because the matter affected the whole population. Everybody had agreed on certain things, such as the necessity of the independence of judges and lawyers. Addressing the question of whether a Special Rapporteur could make special recommendations, he answered affirmatively. Very many who had spoken had highlighted the area of international human rights standards and to what extent they were a tool in strengthening the independence of judges and lawyers. Protection measures could swing into action when domestic measures did not reach. Freedom of expression and its connection to the independence of judges and lawyers was absolutely essential. There had to be a critical analysis of judicial decisions, but part of the independence of judges had to be an ability to tackle interference from the media. There had to be respect for the rulings of independent courts. The question of military courts had been tackled in a consistent manner by his predecessor, he said, but they should be seen as professional areas which only dealt with crimes of a military nature. The Special Rapporteur had been more firm and consistent in dealing with specific cases and problems which threatened the independence of judges and lawyers. Nothing stood in the way of exercising such a critical function, and domestic authorities could tackle crises. Two statements had referred to visits which were being planned by the Special Rapporteur for the future; the delegation of Morocco had made earlier statements about that, and notes had been taken about a possible future visit to Algeria.

DUBRAVKA SIMONOVIC, Special Rapporteur on violence against women, commended the initiative of Argentina with respect to the follow-up on the implementation of recommendations. She said she was relying on Government officials and non-governmental representatives when drafting her reports and recommendations. She added that she wanted to see how to better flag out good practices in her future reports. Ms. Simonovic commended the positive attitude with respect to shelters for victims of domestic violence which she had seen on her country visits. There was a great support for the elaboration of measures and actions needed at the national level in order to accelerate the fight against violence against women. As for cooperation at the regional and international levels, as well as for their synergies, Ms. Simonovic noted that she wanted to use global and regional instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women and the Istanbul Convention, jointly in order to send a message that they were necessary to achieve progress at the national level. She noted that it was not necessary to have a clear definition of “femicide” in order to start collecting relevant data. All gender-related killings should be grouped in two categories. The first one should encompass those committed by intimate partners or family members, whereas the other group should include all other gender-related killings. It was important to have a better picture on the number of shelters globally for the victims of gender-based violence. Ms. Simonovic explained that training and education of police and judges represented an important form of prevention. In terms of data collection, non-governmental organizations could perform relevant collection when such data at the national level was missing. Mandatory mediation for victims should be abandoned in order to avoid victimization. Responding to a question posed by civil society, Ms. Simonovic clarified that States indeed had due diligence responsibility to prevent gender-based violence and to punish the perpetrator.


For use of the information media; not an official record

HRC17/085E