E/CN.4/1995/31/Add.3
page 10
its visit. This is due to the positive and constructive attitude of
H.M. King Jigme Singye Wangchuck who expressed his desire to implement
the suggestions of the Working Group within a set time-frame.
V.
THE CASE OF TEK NATH RIZAL
26.
As the visit of the Working Group came about in the context of the
detention of Tek Nath Rizal, the Working Group interviewed him at Chamgang
Central Jail, although he had already been connected by the High Court at
Thimphu. The Group has now adopted a decision on this case (see annex II).
VI.
GENERAL OBSERVATIONS
27.
In the course of the discussions the Working Group held with the
Royal Government of Bhutan, the Group was struck by the absence of lawyers.
There is no law school in Bhutan and the judges do not have a law degree, as
they are appointed from amongst members of the civil service. The Group
also noted the absence of a commercial code and laws relating to the
functioning of commercial enterprises. It is true that Bhutan has its own
historical perspective on all such issues. Nevertheless, in its attempts at
modernization the Government will, in the near future, be called upon to
develop a legal response, however traditional, to the multifarious issues that
it is bound to face. The Group will continue its dialogue with the Bhutanese
authorities to help, whenever help is sought, in evolving a system of laws
which does not adversely affect Bhutan’s traditional values and culture. The
Group strongly recommends that the assistance of the advisory services of the
United Nations Centre for Human Rights be sought in this process.
VII.
CONCLUSION
28.
The Group hopes that the experience of its Bhutanese visit will be a
precursor to visits to other countries where the Group hopes to achieve the
same level of cooperation for the mutual benefit of the international
community.