Report of the Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul :addendu
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The Special Rapporteur commends the recognition of the principle of separation of powers and the independence of the judiciary in the Constitution. The acknowledgement of these principles, which
are essential to the rule of law, was indispensable to provide for a healthy foundation upon which to build a new judicial system in line with the international principles of independence and impartiality and guarantees of due process and fair trial. The unification of the courts under Law No. 10 of 2003 also constituted a welcome development that largely contributed to consolidating the administration of justice in Qatar.
89.
In spite of such progress, the Special Rapporteur is concerned that the challenges and shortcomings she identified in the present report negatively affect the independence and impartiality of the justice system, as well as the enjoyment of human rights in Qatar. Some of the cases mentioned in the report as way of examples are seriously worrying; they tarnish the genuine efforts undertaken by many to set up a justice system that is independent, impartial and competent in Qatar. Cases should be given all the attention they deserve, and violations of due process remedied as soon as possible to provide for positive examples and guide the improvements needed. If left unaddressed, these challenges and shortcomings will also undermine positive reform efforts.
https://digitallibrary.un.org/record/797647?ln=en&v=pdf
A/HRC/45/16/Add.2: Visit to Qatar – Report of the Working Group on Arbitrary Detention
Summary
The Working Group on Arbitrary Detention visited Qatar from 3 to 14 November 2019 at the invitation of the Government. The Working Group commends progress made in Qatar and identifies a number of positive developments, including in relation to the accession by Qatar to the International Covenant on Civil and Political Rights in 2018, the work of the National Human Rights Committee and the existence of oversight mechanisms monitoring places of deprivation of liberty, as well as the community-based approach taken to psychosocial care. At the same time, the Working Group identifies significant challenges in the criminal justice system with regard to preventing arbitrary detention, such as ensuring prompt presentation of detainees before a judicial authority, guaranteeing detainees access to legal assistance and interpretation during trial proceedings, and excessive reliance on detention before trial. Detention registers in police stations do not contain proper safeguards against the arbitrary deprivation of liberty. A large number of individuals are detained due to inability to repay a debt. State security and counter-terrorism legislation, as well as laws for the protection of the community, allow for unsupervised administrative detention, placing the individual away from judicial protection for prolonged periods. The existing legal framework and practices permit de facto deprivation of liberty by private actors. There is also an urgent need for a significant strengthening of the independence of civil society and the legal profession. Among its recommendations to address issues identified during the visit, the Working Group encourages Qatar to become a party to all the major human rights treaties, and to adopt legislative amendments and specific practices that offer greater protection against arbitrary detention.
https://www.ohchr.org/en/documents/country-reports/ahrc4516add2-visit-qatar-report-working-group-arbitrary-detention
The Universal Declaration of Human Rights: A Pillar of Global Freedom
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, stands as one of the most significant achievements in modern history. It was the first global declaration recognizing that all human beings are entitled to certain fundamental rights and freedoms without discrimination. This document emerged in the aftermath of World War II, at a time when the world sought to prevent the atrocities committed during the war from ever happening again. The UDHR set a universal standard for human dignity, serving as the foundation for international human rights laws and treaties.
The declaration’s 30 articles outline the basic civil, political, economic, social, and cultural rights that every individual is entitled to – regardless of nationality, ethnicity, religion, gender, or any other status. These rights are not privileges granted by governments but inherent to every human being and serve as a global standard for justice, equality, and human dignity.
The Structure of the Universal Declaration of Human Rights
The UDHR is not legally binding, but its profound influence has shaped the foundations of modern international law. The declaration is divided into several categories of human rights, encompassing civil, political, economic, social, and cultural rights. These categories collectively promote the core principles of freedom, equality, and dignity.
1-10: Fundamental Freedoms and Equality
- Right to Equality– All humans are born free and equal in dignity and rights.
- Freedom from Discrimination– No one should face discrimination based on race, gender, or any other factor.
- Right to Life, Liberty, and Security– Every person has the right to live freely and safely.
- Freedom from Slavery– Slavery and servitude are prohibited.
- Freedom from Torture– No one should face inhumane treatment.
- Right to Recognition before the Law– Every individual is entitled to legal protection.
- Right to Equal Protection of the Law– Laws must be applied fairly to all people.
- Right to Justice– Everyone has the right to seek justice through fair courts.
- Freedom from Arbitrary Arrest– No one should be detained without cause.
- Right to a Fair Trial– Everyone is entitled to a fair and public hearing.
11-20: Legal Protections and Personal Freedoms
- Presumption of Innocence– A person is innocent until proven guilty.
- Right to Privacy– Individuals are protected from arbitrary interference in their personal lives.
- Freedom of Movement– People have the right to travel within their country and abroad.
- Right to Seek Asylum– Those facing persecution can seek refuge in another country.
- Right to Nationality– Every person has a right to belong to a country.
- Right to Marriage and Family– Adults can marry and start a family freely.
- Right to Own Property– Individuals can own property without fear of unlawful seizure.
- Freedom of Thought and Religion– Everyone can hold and express their beliefs.
- Freedom of Expression– People have the right to voice their opinions.
- Freedom of Assembly and Association– People can gather peacefully and form groups.
21-30: Political, Economic, and Cultural Rights
- Right to Participate in Government– Everyone can vote and take part in governance.
- Right to Social Security– People should have access to essential social services.
- Right to Work– Individuals have the right to employment with fair wages.
- Right to Rest and Leisure– Workers are entitled to rest and holidays.
- Right to Adequate Living Standards– Every person has the right to food, clothing, and shelter.
- Right to Education– Education should be accessible to all.
- Right to Participate in Cultural Life– Individuals can engage in cultural and artistic activities.
- Right to a Free and Fair Society– Society should promote justice and peace.
- Duties to the Community– People should respect the rights of others and contribute to society.
- Freedom from Oppression– No authority has the right to destroy these freedoms.
Global Impact and Legacy
The UDHR has profoundly influenced the development of international human rights laws, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).Together, these three documents form the International Bill of Human Rights. The declaration has also inspired national constitutions, regional treaties, and global movements advocating for gender equality, freedom of speech, racial justice, and the abolition of torture. Organizations such as Amnesty International, Human Rights Watch, and the United Nations Human Rights Council rely heavily on the UDHR to guide their work.
Challenges in the Modern Era
Despite its universal ideals, human rights violations remain widespread. Issues such as conflict, authoritarian regimes, poverty, and discrimination continue to threaten human dignity across the globe. The ongoing refugee crisis, climate change, and digital privacy concerns present new challenges for human rights defenders. However, the UDHR remains a beacon of hope for marginalized communities, inspiring ongoing struggles for justice and equality.
Conclusion
The Universal Declaration of Human Rights is more than a historical document. It is a powerful symbol of hope and justice and living testament to humanity’s collective aspiration for freedom, equality, and dignity. It lays the foundation for a world where every person can enjoy basic freedoms without fear of oppression or discrimination. As global citizens, it is our duty to uphold these principles and advocate for the realization of human rights for all.
The UDHR reminds us that “All human beings are born free and equal in dignity and rights” – a vision that remains as urgent and necessary today as it was in 1948.
Qatar Centre for Peace and Democracy