HRC 38 - EU intervention: Clustered Interactive Dialogue with the UN Working Group on Business and Human Rights and the Special Rapporteur on the independence of judges and lawyers

The European Union would like to thank the Working Group for the presentation of its reports to the Council.

We appreciate the engagement of the Working Group on several work streams to foster the implementation of the UN Guiding Principles on Business and Human Rights. In this session, the Working Group draws our attention to the "duty of States to protect against human rights abuses by business enterprises to whom they provide support for trade and investment promotion."  [report A/HRC/38/49]

With a smart mix of regulatory and voluntary measures, the EU is making progress with a clear direction of work set out in the FAC Conclusions on Business and Human Rights of 20 June 2016 when EU Institutions and Member States were encouraged "to address their responsibilities as commercial actors (e.g. in public procurement) and when supporting or partnering with businesses (e.g. through export credit, trade promotion, or subsidies for the private sector)."

We see that the report mentions specifically the Alliance for Torture-Free Trade, an initiative of Argentina, the European Union and Mongolia to "end the trade in goods used to carry out the death penalty and torture" [para.86]. We will look into the set of recommendations contained in the report and stand ready to engage with States and stakeholders across regions.

Could the Working Group elaborate on means to foster a better awareness of the UN Guiding Principles in all relevant fora dealing with trade and investment at the regional, international and multilateral levels?

We also thank the Working Group for its report on the 2017 Forum on Business and Human Rights which it successfully organized. It allowed for a mature conversation among all stakeholders, including States, business, trade unions and civil society on the progress made, and which remains to be made in "Realizing access to effective remedy" [A/HRC/38/48].

We take this opportunity to express our gratitude to Mr. Michael Addo (Ghana) and Mr. Pavel Sulyandziga (Russian Federation) for their dedication since they joined the Working Group in 2011 just after the adoption of the UN Guiding Principles on Business and Human Rights.

Turning on to the Special Rapporteur on the independence of judges and lawyers

Mr. President,

The European Union would like to thank the Special Rapporteur on the independence of judges and lawyers, Mr. Diego García-Sayán, for his report on the principal role that judicial councils play in strengthening the independence of the judiciary.

The EU remains strongly committed to the rule of law and sees the independence of judges and lawyers as an essential prerequisite to upholding it. Judicial councils are  one way to safeguard judicial independence by insulating the judiciary and judicial career process from external political pressure. In addition to this primary function, a growing number of judicial councils have been entrusted with far-reaching tasks, such as promoting the efficiency and quality of justice, court management and budgeting.

In order to promote the proper functioning of such judicial councils, many Member States of the European Union participate in the work of the European Networks of Councils for the Judiciary, which unites the national institutions independent of the executive and legislative branches that are responsible for the support of the judiciary in the independent delivery of justice. The ENCJ adopted its Strategic Plan 2018-2021 last year in June.

The Special Rapporteur highlights in his report that despite the increase in the number of judicial councils in all regions of the world, there is a lack of standards at the international level specifically devoted to the role, composition and functions of these bodies. For that reason he recommends that a comprehensive set of principles for the already existing judicial councils be developed under the auspices of the United Nations to identify common principles and good practices in relation to the establishment, composition and functioning of such councils.

Mr. García-Sayán, could you elaborate further on how your recommendations would be implemented in practice?

Thank you.