RES/8/6 Mandate of the Special Rapporteur on the independence of judges and lawyers

Human Rights Council

Resolution 8/6. Mandate of the Special Rapporteur on the independence of judges and lawyers

The Human Rights Council

Guided by articles 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights

and articles 2, 4, 9, 14 and 26 of the International Covenant on Civil and Political Rights,

and bearing in mind the Vienna Declaration and Programme of Action,

Recalling the Basic Principles on the Independence of the Judiciary; the Basic

Principles on the Role of Lawyers; the Guidelines on the Role of Prosecutors and the

Bangalore Principles of Judicial Conduct,

Convinced that an independent and impartial judiciary, an independent legal

profession and the integrity of the judicial system are essential prerequisites for the

protection of human rights and for ensuring that there is no discrimination in the

administration of justice,

Recalling all the previous resolutions and decisions of the Commission on Human

Rights and the General Assembly on the independence of the judiciary and on the

integrity of the judicial system,

Acknowledging the importance of the Special Rapporteur’s ability to cooperate

closely, within the framework of his or her mandate, with the Office of the United

Nations High Commissioner for Human Rights in the fields of advisory services and

technical cooperation, in an effort to guarantee the independence of judges and lawyers,

Recognizing the importance of bar associations and professional associations of

judges and non-governmental organizations in the defence of the principles of the

independence of judges and lawyers,

Noting with concern the increasingly frequent attacks on the independence of

judges, lawyers and court officials,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling Council resolutions 5/1 on institution-building of the Human Rights

Council and 5/2 on the code of conduct for special procedures mandate-holders of the

Council, of 18 June 2007, and stressing that the mandate-holder shall discharge his or her

duties in accordance with those resolutions and the annexes thereto,

1. Commends the Special Rapporteur on the independence of judges and

lawyers for the important work undertaken in the discharge of his mandate;

2. Decides to extend the mandate of the Special Rapporteur for a period of

three years, and requests the Special Rapporteur:

(a) To inquire into any substantial allegations transmitted to him or her and to

report his or her conclusions and recommendations thereon;

(b) To identify and record not only attacks on the independence of the

judiciary, lawyers and court officials but also progress achieved in protecting and

enhancing their independence, and make concrete recommendations, including the

provision of advisory services or technical assistance when they are requested by the

State concerned;

(c) To identify ways and means to improve the judicial system, and make

concrete recommendations thereon;

(d) To study, for the purpose of making proposals, important and topical

questions of principle with a view to protecting and enhancing the independence of the

judiciary and lawyers and court officials;

(e) To apply a gender perspective in his or her work;

(f) To continue to cooperate closely, while avoiding duplication, with

relevant United Nations bodies, mandates and mechanisms and with regional

organizations;

(g) To report regularly to the Council in accordance with its programme of

work, and annually to the General Assembly;

3. Urges all Governments to cooperate with and assist the Special

Rapporteur in the performance of his or her tasks, to provide all information and to

respond to communications transmitted to them by the Special Rapporteur without undue

delay;

4. Calls upon Governments to give serious consideration to responding

favourably to the requests of the Special Rapporteur to visit their countries, and urges

them to enter into a constructive dialogue with the Special Rapporteur with respect to the

follow-up to and implementation of his or her recommendations so as to enable him or

her to fulfill his or her mandate even more effectively;

5. Requests the Secretary-General and the United Nations High

Commissioner for Human Rights to provide all the assistance to the Special Rapporteur

necessary for the effective fulfillment of his or her mandate;

6. Decides to continue consideration of this issue in accordance with its

annual programme of work.

28th meeting 18 June 2008

[Adopted without a vote.]