A/HRC/32/36/Add.2 88. The Special Rapporteur is encouraged by the expressed commitment of the Commission to earning the confidence of civil society as to its ability to protect and promote human rights. The role of an independent, effective and efficient national human rights institution in strengthening democracy cannot be overstated. Indeed the strongest indicator of the effectiveness and independence of a national human rights institution is the confidence that human rights defenders and civil society have in it. The principles of openness, accessibility, consultation and participation are also key tools which the Commission should embrace to improve its credibility with partners. VII. Conclusions and recommendations 89. The ability to exercise the rights to freedom of peaceful assembly and association provides an avenue through which members of society can express their views on a diverse range of issues, whether by turning out for demonstrations, engaging in strikes, joining associations or making donations to associations of their choice. The Special Rapporteur observed that while the Government is cognisant of the important role that assembly and association rights play, there is a tendency to tightly control expressions of dissent. 90. The Special Rapporteur found that government authorities clearly make efforts to observe the rule of law, which is commendable. Nevertheless, he is concerned at a series of inconsistencies and divergence from international human rights law standards of implementation of the law arising because: (a) The legal framework does not comply with international human rights law standards in a number of key areas; (b) The legal framework provides excessive discretion to the authorities; (c) While exercising that discretion, the authorities do not pay sufficient attention to the obligations to respect, protect and facilitate assembly and association rights. 91. The Special Rapporteur stresses that the significant democratic gains achieved by the Republic of Korea cannot be taken for granted. The democratic project requires constant maintenance and strengthening. Internal and external challenges brought about by changing economic and geopolitical conditions should be addressed, not in isolation but as an integral part of the democratic function where agreement and dissent are equally welcomed. 92. The present report is offered in a spirit of constructive dialogue. The Special Rapporteur believes that the Republic of Korea is capable of providing leadership in the field of freedoms of peaceful assembly and of association. He remains at the disposal of the authorities in helping them to achieve those goals. 93. The Special Rapporteur makes the following recommendations. General recommendations 94. The Special Rapporteur recommends that the Government: (a) Recognize in law and in practice that the rights to freedom of peaceful assembly and of association are a legitimate means of expression regarding a diverse range of issues, including social and political issues, and that it is incumbent on the authorities to facilitate rather than to diminish the exercise of those rights; 19