Submission to the call for inputs on Impact of AI systems on good governance

The People’s Solidarity for Participatory Democracy (참여연대) submitted an opinion paper titled “The Impact of Artificial Intelligence Systems on Good Governance” to the Advisory Committee of the Human Rights Council on May 5th. This submission follows the adoption of Resolution 57/5 by the Human Rights Council during its 57th session on October 9, 2024, which requested the Advisory Committee to prepare a study on the impact of AI systems on good governance. The purpose of this study is to identify areas where AI systems can contribute to the promotion and protection of human rights through good governance, and to present these findings to the 62nd session of the Human Rights Council. The Advisory Committee sought input and information from a diverse range of stakeholders, including states, UN agencies, national human rights institutions, civil society, the private sector, and academic institutions. As a member of civil society, the PSPD participated in the survey.

PSPD has pointed out that while AI has the potential to significantly improve governance by promoting transparency, accountability, and public engagement, it can also pose risks to AI governance when systems lack transparency, reveal biases, or marginalize vulnerable populations. In particular, we emphasized the necessity of rights-based national regulations governing algorithmic decision-making in areas that affect social and economic rights. Furthermore, to ensure that AI-based decision-making processes are maintained transparently and responsibly, we proposed the establishment of explainable artificial intelligence (XAI) to guarantee algorithmic interpretability, independent external audits to evaluate outcomes and identify potential harms, and the formation of committees to oversee the implementation of these technologies.

PSPD pointed out that, according to international human rights law, the primary responsibility for regulating AI in accordance with human rights principles lies with the state. We highlighted that the European Union’s Artificial Intelligence Act serves as a pertinent example of how a centralized regulatory framework can define clear risk categories, mandate conformity assessments, and establish enforcement mechanisms to maintain public trust and protect human rights. Furthermore, we emphasized the urgent need for independent supervisory bodies to ensure the legitimacy and fairness of these regulations. PSPD also made it clear that South Korea, along with the international community, must urgently establish and support strong and binding normative guidelines that mandate all AI governance to fully comply with international human rights standards.

AI is now being introduced across various sectors, both public and private. In December 2024, South Korea’s National Assembly enacted the “Basic Act on the Development of Artificial Intelligence and the Establishment of Trust” (AI Basic Act). However, this law cannot be considered to have established adequate safeguards against the negative impacts of AI on human rights, fundamental rights, and democracy. Most importantly, it has not involved the affected parties in AI governance, nor has it established procedures for redress. Therefore, it is urgent to develop a system that enables AI to realize the principles of good governance, such as transparency, accountability, and participation. The South Korean government should take steps to establish norms that comply with international human rights standards, as well as to create independent supervisory bodies and legal procedures for redress.

Submission to the call for inputs on Impact of artificial intelligence systems on good governance (English)

인공지능 시스템이 좋은 거버넌스에 미치는 영향에 대한 의견서 (Korean)

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