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Human rights and the responsibility
of the Judiciary in maintaining international human
rights norms was the main theme of a seminar in Thimphu,
attended by Bhutan's High court Judges, legal students,
experts from the Centre for Human Rights in Geneva,
and former Chief Justice of India, Mr. P.N.Bhagwati.
The five-day seminar covered a range
of subjects including "the rule of law in the administration
of justice", the "functions and structure
of courts", "the legal status and rights of
the accused during arrest and pre-trial detention",
"the elements of a fair trial", "Judicial
independence", "the rights of women in the
administration of justice", and the "rights
of minorities, non nationals, and refugees in the administration
of justice."
Participants told Kuensel that the
seminar had provided a valuable look at the judiciary's
responsibility in protecting human rights, both at the
national and international levels.
"It is not a new subject for us
since we deal with people's rights in our daily work,"
a High Court Judge told Kuensel. "But the input
of the experts who came from the Centre for Human Rights
in Geneva has helped us place our own laws in the perspective
of the international norms and practices."
Mr. Hamid Gaham, the representative
of the UN High Commissioner for Human Rights, explained
that UNCHR and the government of Bhutan had planned
a series of such seminars for people in the judiciary
and other law enforcement agencies.
Mr. Hamid told Kuensel that he was
"surprised" by the knowledge of the Bhutanese
judges and their active participation in the discussions.
"The Judges have a good knowledge of human rights,"
he said. "We are here to strengthen their understanding
of the application of international norms in the field
of human rights, with the cultural context."
Mr. Gaham said that he had no doubt
about the success of the seminar. "There is not
only the will to maintain human rights, but there is
the openness and flexibility to understand and protect
human rights in Bhutan," he said. "The center
will do its utmost to provide technical support to Bhutan
to strengthen the promotion and protection of human
rights."
Mr. P.N. Bhagwati, well known as the
inventor of public litigation in India, said that he
was "agreeably surprised" by the high caliber
and maturity of Bhutan's Judges, especially their perspective
of the law. The independence and impartiality of the
judiciary, he said, was far stronger than in the numerous
developing countries he had visited to attend such seminars
and conferences.
While he was new to Bhutan's legal
system the former Chief Justice of India said that religions
like Buddhism and Hinduism had all the basic tenets
and values of human rights. Such seminars and the exposure
of judicial professionals would also help the old ecclesiastical
views evolve with the times.
Mr. Bhagwati told Kuensel that, while
the west today placed more emphasis on human rights,
economic and social rights sometimes overshadowed human
rights in developing nations.
"But I leave Bhutan with the pride
that this nation has been able to maintain its cultural
strength," he said. "I have always believed
that we must preserve our traditions."
Bhutan's Chief Justice, Dasho Sonam
Tobgye, who addressed the inauguration and closing of
the seminar, said that the understanding and reverence
for human rights was deeply ingrained in the Bhutanese
legal system. He said he was confident that the seminar,
with the participation of Mr. Bhagwati and the delegates
from the Centre of Human Rights, had strengthened in
the Bhutanese Judges the international perspective of
human rights.
"It has always been a part of
our culture and tradition to hold human life and dignity
and the well being of all sentient beings in the highest
regard," said Dasho Sonam Tobgye. "The political
institutions of Bhutan, particularly the Monarchy, are
geared towards preserving and promoting human rights
and freedoms. The right of the people to appeal directly
to His Majesty the King for any violation of human rights
and freedoms, when no other remedy is available, is
a supreme example of our protective machinery."
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