Bhutan

Address by Mr. Bakhodir Burkhanov, UNDP RR a.i. at the Opening Ceremony of the National Workshop on Judicial Education

Honorable Chief Justice,
Professor Aggrawal,
Dashos, ladies and gentlemen:

It gives me great pleasure to address this distinguished gathering at the opening of the very first National Workshop on Judicial Education, which is intended to set the stage for the establishment of a Legal Institute in Bhutan.

The importance of a reliable, efficient and informed justice system cannot be over-emphasized. We have seen in many places around the world that without a credible machinery to enforce the law and resolve disputes, people resort to violence and illegal means. We have also seen that elections held when the rule of law was too fragile seldom led to lasting democracy. In the words of the former UN Secretary General Kofi Annan, “justice is a handmaiden of true peace”. We have learned in all too many contexts that “the rule of law delayed is lasting peace denied”.

Justice is closely related to poverty eradication and human development. There are strong links between establishing democratic governance, reducing poverty and securing access to justice. Democratic governance is undermined where access to justice is deficient. Access to justice is also closely linked to poverty reduction since being poor and marginalized means being deprived of choices and opportunities – it means lacking access to basic resources and lacking a voice in decision-making. Clearly, lack of access to justice severely restricts the effectiveness of poverty reduction and democratic governance programmes by limiting participation, transparency and accountability.

Bhutan has made much headway in creating a reliable, fair and efficient justice system. The country has its first written Constitution in place, developed through a highly consultative process with citizens across the twenty districts. The opening of 12 Dungkhag courts in March has resulted in taking justice nearer to the people, with a clearer delineation of responsibilities between the executive and the judiciary. We also see that the judiciary now has a standing rule to clear all cases within a year – which is indeed exemplary.

Bhutan’s transition to a democratic constitutional monarchy has resulted in greater responsibilities for all branches of the Government and the people at large. Promoting a system of governance that is responsive and accountable to the people is key to the success of any democracy – and this is where the role of the justice system is crucial.

I hope this judicial education and the training will not only enhance the capacity of the respective Drangpons in their work but will also contribute to the building of the reliable and efficient legal system. Importantly, as societies evolve and confront new issues and dilemmas, so will the legal system – hence perhaps the need for institutionalizing continuing education for judges. Among other topics of the workshop, I hope you will have a chance to refresh on the principles of national and international laws, human rights and gender, as well as emerging legal issues.

Bhutan appears to be at a stage where patent and copyright laws, fair trade and extradition law are being deliberated frequently, and as such the Drangpons need to be prepared to handle such issues. Bhutan is also considering joining the membership of the World Trade Organization, and there are legal ramifications that the country should be aware of. In fact, there are diverse legal requirements and ongoing discussions relating to environment, biotechnology and reproduction, to name a few, some of which are new to Bhutan. Nonetheless, these will be issues at some stage in future. We hope that as the judiciary here moves from dispensing traditional judgment to multifaceted disputes, the workshop will enhance the capacity of the officials of the judiciary.

On behalf of UNDP, I would like to reiterate our continued support and collaboration with the Royal Government of Bhutan, particularly at this time of evolution of the independent judiciary. Access to justice is a vital part of UNDP’s mandate to reduce poverty and strengthen democratic governance and gender equality. Within the broad context of justice reform, UNDP’s specific niche lies in supporting justice and related systems so that they work for those who are poor and disadvantaged. Moreover, this is consistent with the Government’s strong commitment to the UN Millennium Declaration and the fulfilment of the Millennium Development Goals, which underscore the importance of the rights-based approach to development. Empowering the poor and disadvantaged to seek remedies for injustice, strengthening linkages between formal and informal structures, and countering biases inherent in both systems can provide access to justice for those who would otherwise be excluded.

In conclusion, I would like to convey my best wishes to the Royal Court of Justice and Lyonpo Sonam Tobgye, the resource person Professor Nomita Aggarwal, and all the participants for fruitful deliberations and a successful outcome of the workshop.

Thank you and Tashi Delek!

al Education

Honorable Chief Justice,