Statement 117 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Human Rights Council – 14th Regular Session

Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on Human Rights and Counter Terrorism

Australia would like to welcome the thematic report to the Council by the Special Rapporteur on the independence of judges and lawyers.

Australia agrees with the Special Rapporteur that independence of the judiciary is a core component of democracy, the rule of law and good governance. In Australia, judicial independence and accountability are secured by open courts, governance arrangements within the courts, and parliamentary, public and media scrutiny.

The Special Rapporteur stresses the importance of providing continuing human rights training to judges and lawyers. Australia has recently released its Human Rights Framework which outlines Australia’s approach to human rights. Along with the framework information will be provided to Commonwealth legal officers on Australia’s international human rights obligations under the seven core UN human rights treaties to which Australia is a party.

Australia is particularly interested in the Special Rapporteur’s comments on the link between continuing education of judges as a means to strengthening the independence of the judiciary, in particular how this can be implemented in States where the application of human rights standards through the judiciary are punished by the executive branches of Government.

The Special Rapporteur recommends ongoing continuing education be paid for by States, however in these cases, where the State is actively stifling the independence of the judiciary, this is not likely to occur. In practical ways, including through our aid program, Australia supports global efforts to strengthen law and justice, and encourage the effective functioning of other national mechanisms. Australia would like to hear the Special Rapporteur’s views on what the international community can do to further support the independence of the judiciary, and the continuing education needs of judges and lawyers.

We thank both Special Rapporteurs for their valuable reports.