Chapter 3 Counter-terrorism, Human Rights, Good Governance and Good Administration W hile this manual is primarily concerned with implementing international human rights standards within counter-terrorism policies and, as such, its focus is the relevant standards in international human rights law, it is also concerned with ensuring that there are effective mechanisms of implementation and accountability not only at the international level but, in particular, domestically. Good or just administration is essential to the functioning of a democratic society. A guarantee of good administration fundamentally alters the notion and concept of government; it shifts the culture of authority in relation to administrative acts to a culture of justification. This is reflected in the establishment of a right to good administration contained in the Charter of Fundamental Rights of the European Union, 39 which demonstrates a growing international awareness of good administration as a fundamental building block of democracy. The establishment of monitoring bodies and mechanisms to oversee government enhances public confidence in the integrity and acceptability of governments’ activities. These include ombudsmen and human rights commissions, which can be especially effective when they have a dispute resolution function. OSCE participating States are committed to “[…] facilitat[ing] the establishment and strengthening of independent national institutions in the area of human rights and the rule of law, which may also serve as focal points for co-ordination and collaboration between such institutions in the participating States […]”.40 Government transparency and accountability are also promoted by an independent and active media that is responsible, objective and impartial, and whose freedom to report and comment upon public affairs, including issues of counter-terrorism policy, is protected by law. A free and active civil society can also contribute to ensuring government transparency and accountability. What is good governance? To ensure that human rights are effectively protected at the domestic level there must be in place proper systems of government, as well as good administration. The following are some elements of good governance: • • • • legality and the rule of law; absence of corruption; absence of discrimination; procedural fairness in the decision-making process; 39 Charter of Fundamental Rights of the European Union (CFR), OJ C 364/1 (2000/C 364/01), Article 41 40 Op. cit., note 6, 1990 Copenhagen Document, para. 27. 30 Countering Terrorism, Protecting Human Rights