HRC59: Two Kinds of Justice? Confronting Inequality in Legal Systems
The 59th Session of the Human Rights Council
16 June – 9 July 2025
Item 3: Interactive Dialogue with the Special Rapporteur on the Independence of Judges and Lawyers
25 June 2025
by Elina Riznic / GICJ
Executive Summary
The 59th Session of the Human Rights Council hosted an interactive dialogue with Ms. Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers. Her report focused on her visit to Chile from 29 July to 9 August 2024, which highlighted both the progress and persistent inequalities in the country's justice system. While acknowledging Chile’s strong institutions and the independence of its judiciary, she noted that many Chileans perceive a “dual justice system”: one for the wealthy and another for the poor.
Ms. Satterthwaite also warned about a global surge in attacks against legal professionals, often aimed at silencing those defending the rights of the marginalised. She emphasised that disciplinary and criminal proceedings are increasingly used to punish independent legal actors, especially those challenging state narratives or defending unpopular causes.Delegations including the EU, Switzerland, Uruguay, and Indonesia expressed support for the Rapporteur’s findings, underlining the role of lawyers in defending the rule of law and democratic principles. Concern was raised over reprisals, digital surveillance, and political interference in judicial systems.
Geneva International Centre for Justice (GICJ) echoes the Special Rapporteur’s urgent calls to uphold the independence of legal professionals and ensure universal access to justice. We stress that legal systems must not replicate societal inequities and that legal professionals must be protected from political, legal, and physical threats.
Background
An independent judiciary and a free legal profession are fundamental to the rule of law and the protection of human rights. Across many countries, lawyers and judges face increasing pressure, including threats, harassment, and state-sponsored retaliation for their work defending dissenting voices. In fragile democracies and conflict-prone settings, judicial systems are often manipulated to consolidate political control and suppress civil society.
Chile, despite being recognised for its institutional strength, still grapples with inequality within its justice system. Chile’s legal framework upholds the fundamental right to a fair and public hearing, as guaranteed by Article 14 of the International Covenant on Civil and Political Rights and Article 8 of the American Convention on Human Rights, both ratified by Chile. These rights are reflected in Chile’s 1980 Constitution, which includes provisions for due process, equality before the law, legal defence, habeas corpus, and protections against arbitrary detention.
The judiciary is governed by both the Constitution and the 1943 Courts Organization Code (Act No. 7421). Article 76 guarantees judicial independence and mandates compliance with court injunctions. Any reform to the judiciary’s structure requires prior consultation with the Supreme Court.
Chile is divided into seventeen judicial territories, each with a court of appeal supervising lower courts. The Supreme Court holds administrative and supervisory power over all courts, including specialised bodies like environmental or procurement courts. The Constitutional Court, composed of ten justices appointed by various branches, ensures constitutional oversight. Its rulings are final and binding.
The Ministry of Justice and Human Rights serves as a bridge between the executive and judiciary. It plays a key role in judicial appointments, legal reforms, and overseeing correctional policies and legal defence services.
Lastly, Indigenous justice systems are integral to the identity, autonomy, and cultural survival of Indigenous Peoples, forming a key part of their right to self-determination. While Chile has taken some steps to acknowledge Indigenous perspectives in criminal proceedings, substantial structural barriers remain, including linguistic discrimination, a lack of culturally appropriate legal aid, and limited recognition of Indigenous justice mechanisms. In line with international standards, including the UN Declaration on the Rights of Indigenous Peoples, Chile is encouraged to fully recognise and support Indigenous Peoples’ right to maintain and develop their own legal systems, ensuring they are integrated into the broader justice framework in a way that respects their autonomy and enhances access to justice for all.
Summary of the Special Rapporteur’s Report
The report presented by the Special Rapporteur on the Independence of Judges and Lawyers, Ms. Margaret Satterthwaite, focused on her country visit to Chile from 29 July to 9 August 2024. While acknowledging Chile’s high institutional development and judicial independence, the report draws attention to key structural inequalities and persistent challenges in ensuring fair and inclusive access to justice.
Although judges and prosecutors in Chile largely function independently, public perception indicates a "dual justice system": one for the wealthy and another for the poor, as “1 per cent of the population owns 49.6 per cent of the wealth, and vulnerable groups experience significant challenges”. This divide is reinforced by gaps in access to civil legal aid, which disproportionately affects socio-economically disadvantaged populations, including Indigenous peoples, migrants, and women.
In her report, Ms. Satterthwaite praised the professionalism and independence of Chile's public criminal defender system (Defensoría Penal Pública), but called for the institution to be granted full administrative and budgetary autonomy as it currently remains structurally dependent on the Ministry of Justice and is exposed to budgetary vulnerability. The Judicial Academy is similarly commended for training and merit-based education, though some appointment practices bypass its graduates. She also welcomed efforts to establish a National Access to Justice Service, noting its potential to address entrenched inequalities if adequately funded and implemented.
The report highlighted deficiencies in gender representation within the judiciary, especially at higher levels. Although women make up the majority of law students and lower-court judges, they remain significantly underrepresented in leadership positions such as the Supreme Court and appellate courts. While initiatives such as the Supreme Court’s Technical Secretariat for Gender Equality are welcomed, structural reforms are still needed. Reports of sexual harassment within the judiciary reveal institutional and cultural obstacles to justice, prompting calls for binding ethical standards and gender-sensitive procedures.
Judicial appointments, especially to the Supreme and Constitutional Courts, remain opaque and politically influenced. The Special Rapporteur advocates for a transparent, merit-based system and supports proposals to transfer appointment responsibilities to an independent body. The “Hermosilla” scandal illustrates the urgency for reform. The current evaluation and disciplinary framework for judges is also seen as flawed, overly reliant on productivity metrics and lacking an enforceable code of ethics. She calls for an independent body and a national code developed through a participatory process.
Access to legal representation is a major concern, with the middle class excluded from public legal aid. Structural reforms are urged to ensure equal access regardless of income. In regions under a state of emergency, such as La Araucanía, due process is undermined, particularly for Mapuche defendants, through measures like prolonged detention and shackling. Barriers also persist for Indigenous Peoples, including language obstacles and lack of culturally appropriate services.
Military and local police courts are criticised for outdated laws and inadequate oversight. The Special Rapporteur recommends reforms focused on training, infrastructure, and merit-based appointments. Environmental courts are well-designed but under-resourced and constrained in jurisdiction. She suggests expanding judicial capacity and expertise in this area, including reversing the burden of proof where appropriate.
The report includes 29 recommendations covering areas such as legal aid reform, judicial independence, gender equity, the fight against corruption, and the establishment of accessible complaint mechanisms for judicial misconduct. In summary, the Special Rapporteur recommends establishing an independent judicial appointments body, reforming legal aid, enforcing judicial ethics, improving gender parity, and lifting emergency measures that disproportionately harm Indigenous communities. The state of exception in Araucanía should be lifted, and courts must ensure fair treatment of Mapuche defendants. Chile is also urged to implement relevant international court decisions, reform local police and environmental courts, and protect judges from threats while upholding their right to privacy.
Finally, turning to the thematic report titled “The Right of Indigenous Peoples to Maintain and Develop Justice Systems”, the Special Rapporteur emphasised that such systems are linked to the self-determination, identity, and cultural survival of Indigenous communities. Where these systems are fully recognised, outcomes tend to include stronger community cohesion, more effective conflict resolution, lower crime rates, and improved environmental stewardship. Nonetheless, she observed that Indigenous justice systems are frequently marginalised, subject to limitations on their jurisdiction or legitimacy, or ignored entirely by national authorities. Drawing on input from UN treaty bodies, international experts, and the Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur reiterated that Indigenous Peoples possess the right, as affirmed in the UN Declaration on the Rights of Indigenous Peoples, to administer their own legal systems. She underscored the obligation of states to ensure that Indigenous justice systems are recognised and operate on an equal footing with state systems, calling for mechanisms of coordination that respect both traditions and autonomy.
Summary of the Interactive Dialogue
Opening Statement
The Special Rapporteur began by commending Chile for its advancements in judicial independence, recognising its institutions as strong and its judges and prosecutors as largely autonomous in their day-to-day work. She praised the Public Criminal Defender’s Office for its professionalism, urging the government to grant it full autonomy, and acknowledged the role of the Judicial Academy and specialised bodies such as the Environmental Tribunals.
However, she noted that many Chileans perceive a dual justice system: one for the wealthy and one for the poor, reflecting deep structural inequalities. She welcomed ongoing efforts such as the proposal for a National Access to Justice Service, currently under Senate review, highlighting its potential to dismantle structural barriers in civil legal aid.
The Special Rapporteur also addressed concerns over influence peddling in Supreme Court appointments. She urged the integration of Chile’s high public administration system in the selection of judicial candidates and called for merit-based appointments based on transparent criteria such as ability, training, and integrity. Furthermore, she stressed the importance of separating the Supreme Court’s administrative and jurisdictional functions.
As Chile responds to rising organised crime, she warned against punitive strategies that might undermine human rights. She expressed concern over reports that judges and prosecutors dealing with serious human rights violations were facing harassment, especially via social media and from political figures.
Among her key recommendations, the Special Rapporteur called for:
- A binding ethical framework for all practising lawyers,
- An end to the prolonged state of exception in the Araucanía and Biobío regions
- And the formal recognition of Indigenous land rights in the Constitution.
She concluded her comments on the country visit by urging Chile to confront longstanding structural problems in its justice system, arguing that meaningful reforms are crucial to restoring public trust.
Shifting to her thematic report, the Special Rapporteur introduced its title: "The Right of Indigenous Peoples to Maintain and Develop Justice Systems." She stressed that such systems are connected to self-determination, identity, and survival. Studies, she noted, show that where Indigenous justice is fully recognised, there is less crime, more durable conflict resolution, and greater environmental protection. Despite these benefits, Indigenous justice systems are often unrecognised, restricted, or subordinated to ordinary courts. The Special Rapporteur outlined that in some states, these systems are ignored entirely, while others recognise them but limit their jurisdiction or authority.
Her report draws from previous recommendations by mandate holders, as well as input from the Expert Mechanism on the Rights of Indigenous Peoples, UN treaty bodies, and international experts. She reaffirmed the right of Indigenous peoples , affirmed in the UN Declaration on the Rights of Indigenous Peoples—to operate their own legal systems, and committed to defending the independence of all justice actors, including those in Indigenous systems.
The Special Rapporteur concluded her statement by detailing cases raised in official communications, in line with international standards mandating that judges and lawyers operate free from pressure or interference. She highlighted the case of Eswatini, where no progress had been made in investigating the killing of Lawyer Thulani Maseko, which has had a chilling effect on the legal community. In Haiti, she deplored the murder of Judge Maxime Castell and reports of summary executions by members of the prosecution service. She urged investigations and justice for those responsible.
The Special Rapporteur also drew attention to Belarus, the focus of this year’s Day of the Endangered Lawyer, where lawyers face repression, disbarment, and imprisonment. She cited the emblematic case of Maksim Znak, sentenced to ten years in a closed trial for representing opposition figures, and held incommunicado since February 2023. She also raised alarm about Ethiopia, where 35 judges and 14 prosecutors were arbitrarily arrested and detained by police in late 2024.
Statement by Country Concerned: Chile
The representative of Chile welcomed the Special Rapporteur on the independence of judges and lawyers, expressing gratitude for her official visit and for the constructive nature of her report. The delegation valued both the recognition of Chile’s institutional progress and the detailed recommendations it received. They noted that this visit, provided a timely opportunity for open, respectful, and technical dialogue between the State and the international human rights system.
Chile appreciated the praise directed toward several domestic institutions, including the State Defence Council, the Public Defence Office, the Judicial Academy, the High Court’s Secretariat for Gender Equality and Non-Discrimination, the Presidential Commission for Peace and Understanding, and the environmental courts. The Chilean representative highlighted that the visit occurred at a crucial moment as the country was already undertaking discussions to improve legal governance and judicial independence. They described the Special Rapporteur’s recommendations as a valuable roadmap to strengthen the justice system and confirmed that Chile is seriously considering them.
One major recommendation concerned the separation of administrative and jurisdictional functions in the Supreme Court. In response, Chile noted that the government had introduced a draft constitutional reform bill to establish a Judicial Nomination Council and support that separation. While the executive cannot guarantee the bill’s adoption due to the separation of powers, it has prioritised and supported the legislative process.
Parallel to legislative efforts, the judiciary has also implemented initiatives to strengthen transparency and public trust. Under the framework of an “open state” action plan, the “Transparent Judiciary” programme aims to enhance access to legal information and promote citizen participation.
Regarding the challenges faced by indigenous peoples in their interaction with the justice system, the delegate of Chile acknowledged there is still progress to be made. However, they noted existing efforts, such as the incorporation of intercultural facilitators and collaboration with spiritual leaders to better support indigenous victims. Lastly, the delegation acknowledged the report’s reference to the lack of constitutional recognition of indigenous peoples, indicating awareness of this ongoing challenge.
Statements by Other Countries
Most countries welcomed the Special Rapporteur’s thematic focus on indigenous justice systems and emphasised the importance of judicial independence, legal pluralism, and access to justice. Several also shared national reforms or concerns, either related to internal judicial systems or geopolitical challenges affecting the judiciary.
The delegate of Indonesia expressed strong appreciation for the Special Rapporteur’s continued efforts to promote judicial independence globally. Highlighting domestic reforms, the Vice Minister of Human Rights noted that Indonesia has revised its Criminal Procedure Code to enhance judicial impartiality and empower judges with greater discretion to ensure fair trials. The country is also expanding the role of lawyers and improving judicial remuneration, which is seen as a way to protect judges from external pressures. Indonesia reaffirmed its commitment to ensuring access to justice for all, particularly through legal aid support for the poor, and pledged ongoing constructive engagement with the mandate.
The representative of the European Union thanked the Special Rapporteur for her report and reiterated its support for her mandate. The EU emphasised its commitment to promoting the rule of law and the rights of indigenous peoples, including the principle of free, prior, and informed consent. The EU recognised the importance of non-discriminatory legal frameworks and the need to ensure access to justice for all, especially indigenous peoples. Particular concern was expressed for the barriers faced by indigenous women, children, the elderly, youth, and persons with disabilities. The EU asked the Rapporteur to elaborate on the most typical barriers to justice experienced by indigenous women and girls.
The representative of Ghana, speaking on behalf of the African Group, thanked the Special Rapporteur for focusing on indigenous peoples’ rights to maintain and develop their own justice systems. This was noted as especially relevant for Africa, where diverse indigenous communities have long relied on traditional mechanisms emphasising restorative justice, community participation, and reconciliation. The African Group reaffirmed that such systems are integral to identity and social cohesion. While many African countries operate under plural legal systems, the Group stressed that indigenous justice mechanisms should conform with human rights standards. It called for support from the international community to integrate these systems within national frameworks while respecting their autonomy and cultural significance.
The delegate of Denmark, on behalf of the Nordic-Baltic States, welcomed the report and reaffirmed support for indigenous peoples’ rights. They shared examples from their own region: in Greenland, justice systems incorporate Inuit traditions emphasising reintegration, while in Finland, recent legislative reforms have strengthened the self-determination of the Sámi people. These include the creation of an appeals board for electoral matters of the Sámi Parliament. The representative asked the Special Rapporteur what she viewed as the most pressing step to protect and promote indigenous peoples’ legal institutions.
The delegate of Belgium, delivering a joint statement on behalf of over 50 States Parties to the Rome Statute, voiced deep concern over recent sanctions targeting International Criminal Court (ICC) officials, including four judges and the prosecutor. These attacks were seen as attempts to undermine the Court’s independence and the broader international justice system. The signatories reaffirmed unwavering support for the ICC and emphasised that the Court plays a vital role in addressing genocide, crimes against humanity, and war crimes. They called on all states to ensure full cooperation with the ICC to uphold international law.
The delegate of Guatemala thanked the Special Rapporteur for her work on the rights of indigenous peoples and highlighted its own initiatives to promote legal pluralism, such as the Indigenous Public Defender’s Office and the Women’s Defence Office. The representative acknowledged the Rapporteur’s recent visit to Guatemala and her engagement with civil society, state institutions, and indigenous communities. The country reiterated its commitment to judicial independence and to addressing the criminalisation of justice operators and human rights defenders, pledging continued dialogue with the mandate.
The representative of Colombia similarly raised alarm over political persecution and arrest warrants issued against justice operators in Guatemala, urging the Special Rapporteur to follow up and ensure their protection.
Many countries reaffirmed the importance of indigenous peoples' rights to maintain and develop their own justice systems.
The representative of Canada, for instance, emphasised the historical exclusion of Indigenous legal traditions due to colonial systems and highlighted efforts to blend Indigenous and non-Indigenous justice systems. The representative highlighted recent initiatives to blend Indigenous and non-Indigenous justice mechanisms, particularly through increased education of justice system personnel and the allocation of funding for Indigenous-led reforms.
The representative of Malawi, aligning with the African Group, acknowledged the central role of customary justice mechanisms in rural areas, despite the absence of legally recognised Indigenous peoples. The representative recognised the need to align traditional mechanisms with constitutional and international human rights standards, especially regarding gender equality and marginalised groups. The country is undertaking legal reforms to integrate customary and statutory law and welcomed guidance on safeguarding rights within plural justice systems.
The representative of Argentina reaffirmed its constitutional commitment to equality before the law and Indigenous peoples' rights. It recognised their pre-existence and affirmed their full citizenship, including access to justice without discrimination. The delegation highlighted mechanisms to ensure linguistic and cultural accessibility within the justice system and underscored that Indigenous peoples enjoy the same rights and responsibilities as all citizens.
The delegate of China stressed that judicial reform and the rule of law are key to safeguarding human rights. It outlined national initiatives to protect the independence of judges and lawyers, including a multi-agency mechanism to prevent interference and support legal professionals. The representative called on the international community to take consensual measures in supporting Indigenous peoples' legal systems.
The representative of Poland aligned with the EU and condemned the repression of lawyers in Belarus. Emphasising that judicial independence is the foundation of democracy, Poland described its domestic and international efforts to uphold this principle, including signing the Council of Europe Convention on the Protection of Lawyers. It proposed future collaboration between the Rapporteur and a forthcoming Council of Europe expert group.
The delegate of Ukraine highlighted systemic persecution in occupied Crimea, where Crimean Tatar lawyers and human rights defenders face repression, sham trials, and disbarments. The delegation described this as a direct violation of UN principles on the role of lawyers and urged the Council to support reinstating disbarred lawyers and enhancing independent monitoring in occupied territories.
The representative of Russia stated that its Constitution guarantees equal judicial rights for Indigenous peoples, including access to courts and legal protection for traditional lands. It asserted that Indigenous individuals enjoy full rights in legal proceedings and that community members may participate in judicial bodies. The representative stressed that Russia ensures Indigenous rights are addressed through national legal mechanisms.
The representative of the Marshall Islands strongly supported Indigenous peoples’ rights to administer justice based on ancestral laws and customs. It underscored land tenure as a key area where customary law is central and called on the international community to respect and uphold the jurisdiction of Indigenous legal institutions. It also urged states to refrain from criminalising Indigenous legal practices.
The delegate of Sudan reported the creation of rural courts presided over by community chiefs with full judicial authority. These tribunals apply customary law and are supervised by high courts to ensure fairness. The delegate characterised this pluralistic framework as an effective tool for preventing conflict and promoting transitional justice across its diverse society.
The representative of Mexico reaffirmed its constitutional commitment to the multiethnic and multicultural character of the state, recognising Indigenous peoples’ right to self-determination and their own legal systems. The representative supported judicial coordination between state and Indigenous jurisdictions, and emphasised the need for structural reforms to enhance trust in legal systems and uphold independence and accountability.
NGO Statements
NGOs offered diverse perspectives on the state of judicial independence worldwide. Some organisations defended existing systems, for instance by asserting that Hong Kong’s judiciary remains independent and that foreign sanctions, particularly from the United States, are unjustified. Others focused on emerging challenges, such as the potential impact of artificial intelligence on judicial integrity, and welcomed national guidelines aiming to mitigate associated risks.
Several NGOs raised concerns about systemic repression in specific countries, citing ongoing disbarments, detentions, and disappearances of human rights lawyers, particularly in China. Representatives also drew attention to the continued criminalisation of indigenous justice actors in Chile and Guatemala, calling for structural reforms and legal recognition of customary systems. NGOs expressed concern over the dismissal of judges in the Maldives and the politicisation of disciplinary procedures in Tunisia, highlighting the erosion of fair trial guarantees. One organisation criticised a bilateral agreement between the U.S. and El Salvador for enabling extrajudicial detention of migrants without access to legal representation. Others condemned U.S. sanctions against International Criminal Court officials, warning that such actions undermine the independence of international justice mechanisms. Collectively, NGOs called for stronger safeguards for legal professionals, recognition of indigenous justice systems, and the protection of fair trial rights across all jurisdictions.
Closing Remarks of the Special Rapporteur
In her concluding statement, the Special Rapporteur emphasised three key points:
- Decriminalisation of Indigenous Authorities: She strongly condemned the criminalisation of indigenous leaders, especially in Guatemala, where authorities have been targeted simply for performing their traditional roles.
- Formal Recognition: She praised Chile’s constitutional steps and called for the formal recognition of indigenous justice systems as coexisting and equal to ordinary legal institutions. She emphasised the need for mechanisms that allow for coordination between the two systems, based on equality and mutual respect.
- Broader Mandate Purpose: The Rapporteur clarified that defending the independence of justice actors is not just to protect professionals, but to uphold the rule of law and equal access to justice for all. She warned of a global crackdown on independent justice workers and urged all states to take serious, coordinated action to reverse this trend.
Position of Geneva International Centre for Justice (GICJ)
Geneva International Centre for Justice (GICJ) commends the important work of the Special Rapporteur on the independence of judges and lawyers and supports the recommendations aimed at strengthening access to justice for all, especially for marginalised communities. GICJ remains deeply concerned about the global erosion of judicial independence, often manifested through direct or indirect interference, the misuse of legal systems to suppress dissent, and the targeting of legal professionals who advocate for human rights. These developments not only undermine the rule of law but also perpetuate systemic discrimination. GICJ urges all States to adopt structural safeguards to protect judges and lawyers, ensure fair and inclusive legal aid systems, and eliminate barriers based on gender, ethnicity, or socio-economic status. Justice must be impartial, accessible, and protected from political manipulation so that it can serve as a foundation for human dignity and accountability. Access to justice is not a privilege: it is a right that must be realised equally for all.
References
United Nations Human Rights Council (2025) Visit to Chile: Report of the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, A/HRC/59/52/Add.1. Available at: https://docs.un.org/en/A/HRC/59/52/Add.1 (Accessed: 25 June 2025).
United Nations Human Rights Council (2025) Report of the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, on her visit to Chile: comments by the State, A/HRC/59/52/Add.2. Available at: https://digitallibrary.un.org/record/4083353?v=pdf (Accessed: 2 July 2025).
