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>> The district court in Samtse is one of the seven courts built with support from the government of Denmark

Thimphu, 28 February 2013: In Bhutan, the journey towards universal suffrage has been that of many preparations: decentralization, judicial reforms, creation of public watchdogs, writing of the Constitution and finally the popular vote.

And one common feature of all functional democracies is the presence of a strong and independent judiciary that upholds, without fear or favor, the mother of all laws

Judiciary’s coming of ageDanida has not only helped the country’s judiciary, but has also done a great service to humanity by enhancing human rights and justice, says Bhutan’s chief justice

– the Constitution. Naturally, the rule of law becomes a necessary accompaniment for democracy.

Today, respect for the rule of law and justice have become essential elements of a society that actively promotes Gross National Happiness as the central tenet of its national ideals.

It’s in this respect that Danida has left a solid footprint in Bhutan.

Convincing the hesitant partnerAlthough Denmark has been an active promoter of democratic values in Bhutan, its initial overtures were seen with suspicions. Denmark’s formal assistance to Bhutan began just as the country was facing its biggest political turmoil in the early 1990s.

The two governments took a calculative trajectory. While Bhutan was not willing to be bullied by its benefactors, especially in its internal affairs, a Nordic country, one of the biggest benefactors, was constantly reminding Bhutan of rights and justice.

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It was at this time that the country’s judiciary was also embarking on a long-term structural reform. There was the need for a development partner, a donor agency to see through the reforms. Danida was close by.

“However, Danida was hesitant initially,” says the chief justice of Supreme Court, Lyonpo Sonam Tobgay, who personally spearheaded the judicial reforms in the

country. “In retrospect, I appreciate their wisdom, any excitement will not bear good fruit, because it will be ill-planned, therefore the burden or onus was on the judiciary to convince them of their hesitation, and every precaution contributed to the grand inevitable substance to their contribution to Bhutan.”

So, Danida did come in.

Judiciary’s structural reformsWhen Danida committed its support to the judiciary and signed the first cooperation agreement in 1991, a new chapter on Bhutan’s judiciary began. Starting with the training of bench clerks in 1992, the Danish support to the judiciary over the period of almost two decades culminated with the support towards a profound library system for the newly established Supreme Court.

Among others, the development support strengthened the capacity of adjudication of cases, institutionalized trial and hearing procedures, computerized and automated the justice system and expedited the process of awarding judgment.

“Every area of their contribution was critical,” says the chief justice, adding that the Danish assistance was not just comprehensive but also inclusive.

In the early phase, Danida helped the judiciary build on the existing structures. It supported the training of court staff and prepared the institution to embrace changes by investing in modern technology. By 1993, all courts in Bhutan were computerized. This ensured accuracy, speed and quality of judgment writing.

Lyonpo Sonam Tobgay says that in the later phases, Danida helped strengthen the four cardinal principles of the justice system: access to justice, due process of law, fair trial and the rule of law. Many lawyers went outside Bhutan and India to study law thereby enhancing their legal skills and improving their professionalism.

“The government of Denmark also assisted us in evaluating our judiciary process, that is why to a great extent the judiciary today can boast of a management structure better than most organizations in Bhutan,” says the chief justice.

To cap it all, Danida funded the construction of seven state-of-the-art court buildings in various districts of the country. And these ‘iconic’ structures stand testimony not just to the Danish support, but also to the independence of the judiciary in Bhutan.

“These abodes of justice represent visual and structural independence of our justice system,” says the chief justice, “because, a well-planned court structure not only provides conducive working environment to the judicial staff but also dignity to the litigants.”

>> The district court in Trashigang showcases traditional Bhutanese architecture

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The path to justice is clearThe sustained support to the judiciary has resulted in major improvements in the justice system of the country. This has ensured the promotion of human rights and values. Legal professionals say the country today has one of the best systems in place, on par with international standards.

Observers say the first constitutional case, involving the ruling Druk Phuensum Tshogpa government and the opposition, People’s Democratic Party, was a litmus test for the country’s judiciary.

The case involved an arbitrary tax hike by the government that the opposition said was unconstitutional, and the opposition leader subsequently lodged a case against the government. The High Court’s verdict stated that the government had indeed violated constitutional provisions and other relevant laws by failing to table the issue at the Parliament. The government’s

appeal to the Supreme Court didn’t change the verdict.

“The path to justice, which all of us have to tread, is now clear,” says Lyonpo Sonam Tobgay.

If in 1995, according to records, 7,997 of the 11,528 registered cases were decided, in 2012, a total of 14,150 of the 15,204 registered cases (including 1,226 brought forward from 2011) were decided. In 2012, there were only 29 cases pending beyond 365 days, a decrease by 68% compared to the previous year.

The chief justice says that without the Danish contribution, the judiciary would not be where it is now. “And the ramification of that would have been undermining our sovereignty and also success of democracy in the country,” he says. “In short, constitutional democracy would have been endangered without Danish assistance.”

2,627

5,079

7,997

5,447

4,491

4,050

4,456

7,293

11,260

8,724

11,501

9,884

8,494

10,217

7,035

9,388 8,937

12,518

13,637 14,150

3,754

7,339

11,528

5,591

5,444

5,114

4,980

9,414

11,120

8,538

9,687

8,118

9,257 9,476

7,496

8,732 9,152

12,245 13,215

13,978

0

5,000

10,000

15,000

20,000

25,000

30,000

Cases Decided

Cases Registered

Source: Annual Report of the Judiciary of Bhutan, 2012