Address of High Commissioner for Human Rights at Seminar on Good Governance Practices for the Promotion of Human Rights (Seoul)

Ladies and Gentlemen
I would like to welcome all participants to this very important seminar. I am particularly pleased to be here since this is the first global human rights seminar in this region.
Let me thank the Government of the Republic of Korea for its kind offer to host this meeting. I would also like to recognize the sponsors of the resolution of the Commission on Human Rights who asked our Office to organize this seminar. Particular thanks should be directed to Australia, Poland, Sweden, South Africa, Republic of Korea, Switzerland, United Kingdom, and the United States which through their generous contributions have enabled us to close the budget of the meeting.
Ladies and Gentlemen

Human rights need a conducive and enabling environment, in particular appropriate regulations, institutions and procedures framing the action of the State. Good governance policies should empower individuals to live with dignity and freedom. These interrelated observations will guide us during the coming two days.
Our first task is to explore the impact of good governance on the implementation of human rights. To that end, we will study practices that illustrate solutions adopted in countries from all regions. Our aim is to furnish the Commission on Human Rights with substantive observations that will contribute to its future work.
A second task, and one probably as important for many of us as the first, is to learn from each other about the ways to implement the good governance agenda and human rights standards in a mutually reinforcing way.

The concept of good governance continues to evolve and therefore remains only generally defined. It has nonetheless become a vital and – in fact - standard component in commitments made to and by the international community.
Governance as opposed to good governance is axiologically a neutral notion. It refers to mechanisms, including institutions and processes, through which authority is exercised in the conduct of public affairs.
The concept of “good governance” emerged in the late 1980s as a response to concerns over the impact of different governance practices on economic performance in the context of development policies. This concept was subsequently expanded to include other dimensions, including political, human development and the realization of human rights.
Human rights are universal legal guarantees protecting human beings against actions and omissions that interfere with human dignity and fundamental freedoms.
Human rights also include a set of performance standards which guide public authorities and against which Governments and their functionaries, as well as other relevant actors, can be assessed and held accountable. Wide ratification of the relevant international treaties by States from all regions and cultures affirms the universal nature of human rights.
Good governance and human rights are mutually linked and complementary. Sometimes, particularly in the context of the so called “technocratic” interpretations, there is a move to separate the concept of good governance from that of human rights. With a focus on short term effectiveness and efficiency, good governance is then reduced to decision-making structures and processes.
However, in my view, “good governance” cannot be achieved in separation from human rights. The two concepts reinforce each other and many of their core principles are common. Popular participation, accountability, transparency, and State-responsibility underline the human rights approach as well as underpin the good governance framework as defined by the Commission on Human Rights.
Human rights empower people, help them to assume their roles as community members, provide the legal framework for people’s participation in public affairs and in claiming their rights. Systems of governance should be expressly concerned about their ability to respect, protect and fulfill civil, economic, political and social rights.
There is also another side to this equation – human rights cannot be respected and protected in a sustainable manner without good governance. My entire professional experience, including that of a judge interpreting and applying the Canadian Charter of Rights and Freedoms, tells me that the implementation of human rights requires States not only to adopt relevant laws but also establish political, managerial and administrative processes and institutions that provide effective responses to the needs and expectations of rights holders.
The Supreme Court of Canada has, for example, spelled out the necessary conditions for judicial independence – institutional independence from other branches of government, security of tenure and of remuneration of judges – and for the integrity of administrative processes. The Court has also adjudicated disputes about the meaning and requirements of the right to vote, thereby ensuring that the democratic process as well as the exercise of power are regulated by constitutional imperatives that reflect the basic human rights of all those who are subject to Canadian law.

There is no one single model for good governance. Moreover, institutions and processes of good governance evolve dynamically, following on and generating changes in society, technology and organization. It is, therefore, essential to look closer at the relationship between human rights and governance to identify illustrative practices that may enrich and improve our approaches. This is the purpose of this Seminar.

Even the first reading of the cases that will be presented to us in the course of the next 2 days, reveals both a diversity of experience and some interesting testimonies of convergence in the discussed area. Let me share with you some preliminary reflections.
· The significance of the rule of law for good governance and human rights is self-evident to most of us here. But, the issue is more complex than it appears at first glance. From the perspective of previously conceived governance programmes, the perception of the rule of law was frequently limited to the establishment of a regulatory framework to enable a stable macro-economic activity. The examples selected for discussion during the first Panel demonstrate that principles, institutions and proceedings established under the rule of law, such as supremacy of law, administration of and access to justice, independence of judiciary, right to a legal counsel etc. are equally relevant for governance and human rights.
· The call to strengthen the delivery of services highlights the concern that the public sector should be focused on improving its performance for the benefit of right holders. A human rights approach emphasizes the importance of desegregation of data to unveil the situation of those in greatest need. It advocates the involvement of beneficiaries as partners in the development of relevant policies and in decision making. It equips the beneficiaries to claim their rights. In striving for an efficient delivery of services, it particularly focuses on the situation of the most excluded, as illustrated by the very interesting system developed to ensure primary education in Uganda, a case to be discussed later.
· The selected examples also demonstrate that human rights require an inclusive democracy, which moves beyond the necessary but insufficient system of periodic elections and the establishment of separate institutions for the exercise of power. It also calls for innovative formal and informal processes and institutions that may help to resolve the classic dilemma: majority rule versus minority rights. The efforts of the Sami Parliament in Norway to ensure a balance between the legitimate indigenous rights of the Sami population and the enjoyment of equal rights by all Norwegians struck me as particularly imaginative.
· A common thread in most of the practices is the role of vibrant civil society organizations capable of promoting the realization of human rights and contributing to good governance.
· The selected cases also reinforce the importance of addressing the human rights dimensions of the fight against corruption, one of the basic challenges to good governance. The presentations before us on this point are extremely instructive. In India, measures to counter misappropriation of public funds have deepened the understanding of the right to information, including the right to access records of public administrative decisions. At the same time, the case from Kenya shows that the fight against corruption cannot be waged at the expense of the guarantees established to respect the rights of those allegedly involved or the independence of the judiciary.

Ladies and gentlemen
The coming two days will allow us to consider various governance practices in greater detail, with a view to identifying more precisely the role of good governance in realizing human rights. I wish you the very best for an invigorating and productive debate.