A/HRC/33/25
technologies in disseminating information, and provided examples of the use of
technologies that did not require an Internet connection to increase opportunities for
participation. In that regard, tools such as smartphone applications used by OHCHR in
Cambodia and in Africa were mentioned as practical ways to overcome communication
barriers. It was suggested that best practices in using technologies to support the exercise of
the right to participate in public affairs be collected and further disseminated. Participants
emphasized that ICT tools for participation may require further regulation, particularly in
order to ensure respect for the right to privacy, including through adequate protection of
personal data.
IV. Main observations and recommendations
33.
The right to participate, as provided in article 25 of the International Covenant
on Civil and Political Rights, is the foundation of a democratic government based on
the consent of the people. States should ensure that all individuals, from all sectors of
society, can exercise their right to participate in public affairs. Effective
implementation of this right goes beyond periodic elections, and resilient democracies
require meaningful participation.
34.
Shrinking democratic space, violence and conflict, insufficient political will, and
attempts by incumbents to hold on to power, as well as underlying structural
inequalities such as poverty, illiteracy, discrimination and exclusion, remain major
challenges for the implementation of the right to participate.
35.
Therefore, States should ensure the elimination of discrimination, including
intersectional and multiple forms of discrimination, and of other challenges that often
prevent the full participation of women and members of marginalized groups such as
indigenous peoples, minorities, and persons with disabilities. Such discrimination
ranges from gender stereotyping to a lack of representation of women and members of
minorities in State institutions including executive and legislative bodies, to physical
and communicational barriers that render polling stations inaccessible to persons with
disabilities.
36.
An enabling environment that permits an active civil society to develop and
institutions that effectively and impartially enforce the rule of law constitute
preconditions for the implementation of the right to participate in political life and
public affairs. Respect for the right to freedom of opinion and expression, the right of
peaceful assembly and the right to freedom of association is also a fundamental
prerequisite for the exercise of the right to participate in public affairs. The right of
access to information, together with communication and accessibility of such
information, is also crucial. In addition, consultation with concerned individuals and
specific groups and their direct participation in the drafting of laws and policies
affecting their human rights are essential for the full exercise of the right to
participate.
37.
ICT tools enhancing participation in political life and public affairs should be
explored further and good practices on how these tools can be used to foster
participation should be compiled and disseminated. These tools should be made
widely accessible, including for persons in remote areas and for persons with
disabilities. Further work may be needed, however, to ensure that these tools comply
with human rights norms and standards, in particular with regard to the right to
privacy.
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