A/HRC/31/28 competency;3 and responsiveness to the needs of the people.4 Given the partial overlaps between these elements, it was suggested they be subsumed by the three-pronged formula established in the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (transparency, participation and access to justice).5 Examining these three pillars through a human rights lens could assist in filling the elements with content adaptable to different cultures and contexts. 10. A. The moderator then invited the panellists to make their presentations. Contributions by panellists 11. Mr. Mumuni focused on two issues: firstly, the role of non-governmental organizations (NGOs) in initiating legal action against corruption where anti-corruption institutions failed to do so; and secondly, advocacy for the establishment of an international anti-corruption court to try grand corruption cases and facilitate repatriation of stolen funds to victim States. 12. NGOs could play a key role in combating corruption by ensuring the effective enforcement of anti-corruption legislation and the United Nations Convention against Corruption, and by pushing anti-corruption institutions, through legal actions, to properly investigate and prosecute corruption cases so as to deter future misconduct. They could contribute to prevention, for example, by persuading Governments to enact legislation including whistle-blower protection laws. Given that grand corruption (and impunity of perpetrators) was inimical to the public interest, NGOs could also initiate “public interest litigation”, pursuing corruption cases where anti-corruption institutions failed to do so or that otherwise would not be subject to scrutiny. It was thus important to relax locus standi requirements and encourage courts to accept public interest litigation and class action lawsuits in corruption cases. In addition to the need for a conducive legal and judicial environment, it was noted that NGOs needed to acquire the necessary expertise and resources to effectively use public interest litigation. 13. He suggested that the establishment of an international anti-corruption court would be a way to probe allegations of grand corruption. It was observed that, in a context where many had lost faith in the ability of national courts and Governments to combat high-level official corruption, an international anti-corruption court could serve to erode the widespread culture of impunity and address the challenges undermining the effective repatriation of stolen assets to victim States. Grand corruption was a complex problem causing severe human suffering and required novel solutions. Parallels were drawn with the International Criminal Court and it was suggested that its track record offered hope for a well-functioning anti-corruption court. 14. Mr. Taekyoon elaborated upon the links between good governance and the Sustainable Development Goals. These Goals went beyond the Millennium Development Goals, which did not include significant governance aspects. Recalling Council resolution 25/8, the panellist noted that deepening good governance practices at all levels was a prerequisite for the full realization of human rights, including the right to development. 3 4 5 4 Human Rights Council resolution 19/20. Commission on Human Rights resolution 2000/64. Meeting of the Parties to the Convention on Access to Decision-making and Access to Justice in Environmental Matters, decision II/4 on promoting the application of the principles of the Aarhus Convention in international forums (ECE/MP.PP/2005/2/Add.5).

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