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Kuensel issue April 7-13, 2001
Apart from dramatic changes in the
political system, Bhutan has seen great reforms in the
judicial system and professionalised many aspects of
the legal sector, according to Mr. Louis Joinet, who
completed an evaluation this week of a cooperation project
in the fields of human rights between the office of
the High Commissioner for Human Rights and the government
of Bhutan.
"Overall I have a very positive
impression of the developments in Bhutan," said
Mr. Joinet, who had also visited Bhutan in 1994 and
1996 as Vice Chairman of the UN Commission on Human
Rights’ Working Group on Arbitrary Detention.
He explained that, within six years,
the Bhutanese legal system, which had been based on
individuals, had developed strong and professional institutions.
There was a high level of education and professionalism
among the legal officials and law enforcement officers.
During his first visit, Mr. Joinet
fount only three lawyers in Bhutan. Now there were 33
and another 56 being trained.
Initiated by His Majesty the King the
High Court, for example, had made important internal
changes and was able to stand on its own. Bhutan, he
said, was now in a position to develop and strengthen
its own institutions. "There is no need for Bhutan
to seek assistance from outside," he told Kuensel.
The project, "Strengthening National
Human Rights", was signed in 1996 "to strengthen
the administration of justice through activities involving
judges, paralegals, and law enforcement officials and
to support Bhutan's national capacity to report under
international human rights norms and obligations,"
explained a foreign ministry official.
Through the project, high court judges
attended a seminar on international human rights standards,
paralegals were trained in the Bhutanese criminal procedure
and international human rights standards, police officers
attended a course on human rights and law enforcement,
dzongkhag judges were trained on judicial structures,
two judges received fellowships for trainings on the
administration of justice and human rights in the UK;
two police women were trained on human rights detainees.
The chief justice, Lyonpo Sonam Tobgye,
said that the project had helped Bhutanese officials
better understand the requirements of an independent
and fair system for the administration of justice as
defined by international standards. It had also sensitised
them on the concepts of human rights.
"The judiciary and paralegals
are now well acquainted with the international standards
on the administration of justice," he said."They
received greater confidence that the legal system of
Bhutan, with Buddhist values, are in consonance with
instruments of human rights."
Mr. Louis Joinet, on behalf of the
President of the Court de Cassation of France, presented
Lyonpo Sonam Tobgye a Medaille d'Honneur in recognition
of his outstanding contribution for the cause of justice
and as a gesture of goodwill to the judiciary of Bhutan.
On April 6, Mr. Joinet received an
audience with His Majesty the King. He also met with
government and UN officials during his seven-day visit
to the kingdom.
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