ASIA: Corrupt justice architecture and impunity impede human rights

An Oral Statement to the 37th Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC)

Mr. President.

The Office of the High Commissioner for Human Rights, thematic and country mandates together with the civil society has been working objectively to protect people from gross violation of rights.

There is, however, a disconnect that exists between the objectives of most of the Asian states and the human rights community. Majority of the Asian states represented in this Council do not have affirmative policies and practices in place to protect their citizens from human rights abuses. Instead, the perpetrators of human rights abuses, in most instances those from the state agencies, are provided with impunity by the states.

Law-enforcement agencies, crime investigation, prosecutorial and public attorney service, and the judiciary are deliberately kept under-resourced, unaccountable, and unprofessional.

There are deeply-rooted corruption in the justice dispensation system in Asia. Appointment, promotion, and transfer of personals in the police, in the prosecutorial department and in the judiciary are often decided on the basis of political, caste or otherwise unethical considerations. Majority of the Asian states do not have effective corruption control mechanism and this is done with purpose. No protection to human rights could be guaranteed under these circumstances.

The Asian Legal Resource Centre (ALRC), therefore, urges the Asian states and the UN human rights mechanisms to work closely and explore ways to transform the justice framework in Asia without which human dignity, equality before the law and guarantee of fundamental freedoms will remain a mirage in Asia.

Thank you, Mr. President.

UN Web TV Video Link: (Please scroll down on the list of speakers on the right hand side and click on clip number 71 to find Asian Legal Resource Centre)