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Topic Discussion IV
Achieving Good Governance
Controlling Corruption, Improving
Administration
and Strengthening the Rule of Law
Room 1
(3 of 22 pages)

Today's session is being recorded and as I understand it, the proceedings of this
session and the other three sessions and the opening and the closing sessions will be posted on the NDI Web site
and would be made available to you and many others from throughout the world who weren't able to attend this forum.
I know CIPEs Web site receives about 500,000 hits a year and I'm sure the NDI Web site has a comparable number
of hits, so that the comments that are made today will reach a world-wide audience.
We have two very distinguished panelists who begin the formal part of this program. To my left is the Honorable
Desiree Bernard. She is Chief Justice of the Supreme Court of Guyana. She is very active in women's rights in her
countries. She has served for many years on the UN Committee on the elimination of discrimination against women.
She was the first female High Court Judge appointed in 1980. In 1992 she was appointed to the Court of Appeals
and in 1996, appointed Chief Justice.
And to her left is the Honorable Fanuel Tjingaete, Auditor General of Namibia. He's had a very varied career. He's
been a university professor. He's worked with the DeBeer's Diamond Company in several countries outside of his
own. He is educated in Germany. So without further adieu, the Honorable Desiree Bernard.
Desiree Bernard: Thank you for your introduction. Yes, this morning we are dealing with the topic of achieving
good governance, controlling corruption and improving administration and strengthening the rule of law.
Over the past decade, the world had witnessed the emergence of new democracies, some for the first time, others
re-emerging after periods of dictatorship. Understandably, these countries encounter problems of varying degrees
in establishing or re-establishing democratic institutions. It is absiomatic (ph) that in many -- in any democracy,
maintenance of the rule of law is the lynch pin which keeps the democracy safe and secure.
Persons must have faith and confidence in a judicial system, which must be independent and which must inspire the
confidence of all citizens. The judicial system is the bulwark between citizen and citizen and citizen and State.
It must be free of pressures, both political and economic and its functionaries must broke no interference with
its independence or fear, repercussions from any quarter for its decisions, regardless of its effect.
It is fashionable for democratic States to embrace the rule of law and claim that their judicial systems are independent,
but sometimes the reality is far from the truth. The court officials are consistently being pressured directly
or indirectly to hand down decisions which are favor to governments or dismiss claims by citizens against governments,
despite credible evidence or correct legal interpretations of statutes.
In order to maintain the rule of law, a well trained, highly qualified judicial is essential. A weak and ill- equipped
judiciary will not enhance the quality of justice, nor inspire confidence. Governments are obligated to ensure
that judicial personnel are of the highest caliber and are well paid, function in an environment that enhances
efficient performance of their duties and put in place programs for continuing judicial education.
Support staff is also important, which will guarantee that judicial personnel are not burdened with day-to-day
administration, leaving them free to concentrate on their primary concern, that is administering justice.

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