Strict enforcement of HR norms stressed: International Judicial Conference declaration
By Nasir Iqbal
ISLAMABAD, Aug 15: The International Judicial Conference, through its ‘Islamabad Declaration’, has suggested incorporating international human rights norms in domestic laws of all countries.
The declaration, adopted on August 14 in the concluding session of the four-day conference on “Justice For All”, says that courts should extend implementation of international human rights for which a culture should be developed through education and improved awareness.
Judicial review is an effective check on abuse of administrative discretion, especially in a world where administration is becoming ever more powerful and their intrusion in lives of citizens have been ever more invasive, says the declaration.
It asks the judiciary to ensure good governance including rule of law, accountability, human rights and sustainable economic and social development.
Steps should also be taken for eradication of corruption in subordinate judiciary and delays at all levels of the judicial process.
It says that public interest litigation is a measure for speedy dispensation of justice in matters involving violation of fundamental rights of public as guaranteed by the Constitution.
Judiciary, the declaration says, is a powerful force that can bring about social change and, therefore, its intervention is required in neglected issues or subjects regarded as taboos. Similarly, steps should be taken to eliminate gender bias in laws, society and institutions. Women must be ensured right to inheritance, freedom of movement and employment. Policy to enhance female participation in all institutions, including judiciary, is required.
The declaration says corruption is a matter of immense concern for every country of the world and check on discretionary powers, speedy justice and strong independent judiciary can effectively curb this menace.
Children come first, therefore, all nations of the world should protect children from all sorts of exploitation namely abduction, trafficking, torture, assault, abuse or prostitution. Juvenile justice system needs to be modernised to meet international standards. All countries of the world, especially Muslim countries, should sign the Hague Convention on Civil Aspects of International Child Abduction 1980 and incorporate the same in their local laws.
The declaration further says that organised crimes are detrimental to the rule of law and peaceful enjoyment of life by the citizens of a country. Therefore, firm and efficacious steps should be undertaken to eliminate this menace.
United Nations convention on trans-national crimes be given effect by all nations of the world through domestic legislation and the countries should coordinate in mutual legal assistance, extradition and law enforcement.
In this modem age of mass production, the declaration says, consumers are increasingly becoming vulnerable to abuse, which implies that their rights need to be recognised and protected. There is a need for improved legislation in the developing world where most consumers are at risk.
It says that family laws require constant review and amendments keeping in view changing socio economic challenges of the time, particularly interests of women and children. Maintenance of a divorced wife, return of dower in cases of Khula and obtaining of certificate of divorce require further deliberations and thought.
The declaration denounces terrorism of all natures and says that besides terrorists, root causes of terrorism also need to be identified, addressed to and eliminated. The best way to counteract the fear inflicted by terrorist and terrorism, it adds, is to strengthen democracy and rule of law. Strict abidance of ratified treaties, covenants and conventions, especially in the field of human rights, refugees and torture in combating terrorism, is desirable.
It says zero-tolerance approach should be adopted in relation to human trafficking. All states need to work in alliance in areas like law enforcement, cooperation, information and intelligence exchange and mutual legal assistance for long term impacts.
