A/HRC/38/22
42.
The panellists emphasized that the protection and fulfilment of human rights
required cooperation with NGOs and other stakeholders on an inclusive basis. NGOs
and other stakeholders should be consulted on the planning and implementation of
human rights at the local level and on the monitoring and assessment of the
effectiveness of local government programmes. That could possibly include the
development of indicators to measure the degree of implementation of specific human
rights.
43.
To encourage local ownership, it was important to have democratic institutions
and decision-making at the level of local government. Transparency and
accountability for decisions taken by local governments were highlighted. One of the
panellists mentioned that in his region, information on all public expenditures was
publicly available, as was the nature of the expenditures, which were made available
to the public in detail and posted on the Internet. That was important for maintaining
trust with the population. It was emphasized that efforts should be made to prevent
corruption and mechanisms should be in place to deal with it when it occurred.
44.
The panellists also stressed the need for coherence and cooperation between
local government, the central Government and other levels of government.
Government departments had a tendency to work in silos and it was important to
have an integrated approach so that human rights could be mainstreamed across
departments at the local level, as well as at other levels of government. It was
important to have a continuous and free flow of information about human rights and
new human rights developments between the central Government and local
governments, particularly as that information was often concentrated at the level of
the central Government. The panellists added that there also needed to be more
coherence and coordination at the international level, including between United
Nations departments, offices and programmes, in their approach to assisting local
governments to implement human rights and the 2030 Sustainable Development
Agenda.
45.
The panellists noted that there remained a number of challenges to the
promotion and protection of human rights in some States. For example, restrictions
on the activities of NGOs in some States had created serious obstacles to their ability
to be heard on policy development and decision-making at the local level. Those undue
restrictions had included prohibiting registration, forbidding foreign funding or
denying permits for particular activities for NGOs. More generally, restrictions on the
right to freedom of expression, freedom of peaceful assembly and freedom of
association had seriously limited the participatory rights of NGOs and other
stakeholders, and denied local government important sources of information
concerning ineffective or discriminatory delivery of public services, corruption and
other human rights violations. In fragile States marked by violence and degraded
institutions, local governments faced serious obstacles to delivering basic public
services.
46.
In terms of how the Human Rights Council could stay engaged with local
governments, the panellists said that the development of guiding principles on local
government and human rights could be a potentially useful tool. It was suggested that
local governments should have a more specific role in the universal periodic review
process. It was also noted that a number of the special procedures mandate holders of
the Human Rights Council had addressed human rights that were implemented by
local governments and that there should be more engagement between the relevant
mandate holders and local governments. The Human Rights Council Advisory
Committee could also assist in following up on the recommendations set out in its
report on the role of local government in the promotion and protection of human
rights (A/HRC/30/49).
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