A/HRC/38/22
24.
Ms. Gikonyo identified several lessons with respect to public participation and
human rights. Democratization of institutions was one of the strongest indicators of
political will, as well as separation of powers, horizontal accountability and protection of
public servants from executive interference in administrative processes. Democratization of
information was also key because access to information was an enabling right for public
participation. The conceptualization of public participation into minimalist administrative
requirements, as opposed to dynamic participatory processes in local governance, was one
of the biggest challenges. She said that there was a need for models of service delivery
rooted in partnerships with local communities and supported by principles of transparency,
oversight by the public and revenue-sharing with local communities. She added that the
community-centred service delivery model challenged the private sector model that many
Governments used.
25.
With respect to Sustainable Development Goal 6 on ensuring the availability and
sustainable management of water and sanitation for all, Ms. Gikonyo said that this was a
problem in Kenya, many residents were not connected to a waste management system and
that more public participation was needed. Concerning Goal 8 on promoting sustained,
inclusive and sustainable economic growth, full and productive employment and decent
work for all, she noted that the informal sector represented 82.7 per cent of employment in
Kenya. She also noted that although public policy broadly reflected that reality, efforts to
promote integration into the formal economy and support the sector had largely not
succeeded. Even though the informal sector continued to grow, it had not received the
support that it needed. City planning processes had marginalized informal trade and
informal traders continued to be harassed. She added that redistributive policies were
tokenistic. State capture and the resultant corruption remained the biggest barriers to the
implementation of the progressive laws that had been adopted.
26.
Concerning civil society, Ms. Gikonyo said that in Africa, it had been called upon to
play a dual role of fostering transition politics while helping to consolidate democratic
gains. However, the space for civil society to act in had been shrinking around the world,
including in Africa and in Kenya in particular. She said that there was a need to increase
support for civil society so that it could engage on issues of local governance and advocate
against the capture of local institutions and the resultant manifestations.
IV. Summary of the discussion
27.
During the discussion, contributions were made by representatives of Brazil, Chile,
Egypt, Georgia, Indonesia, Iraq, Israel, Madagascar, the Republic of Korea (on behalf of
four member States) and Romania. The following non-governmental organizations (NGOs)
also made contributions: United Cities and Local Governments and the International NGO
Forum on Indonesian Development.
A.
General observations
28.
Many speakers noted that local government was the level of government closest to
the people, the most visible and most accessible. It was further noted that this proximity of
local government was not only physical but also ethnic and cultural in some cases. A
number of speakers remarked that because local government was most frequently
responsible for a range of basic and essential services for communities, such as education,
health care, housing, water and sanitation, they were inextricably involved in the fulfilment
of people’s human rights. It was pointed out that the role of local government was not
limited to economic, social and cultural rights, but also included civil and political rights.
An example given was the obligation to facilitate the right to peaceful assembly. It was
noted that local government has an obligation to secure equality and justice for everyone at
the local level and in particular to protect the human rights of women and specific groups,
such as children, minorities, persons with disabilities, migrants, refugees and the poor and
marginalized.
29.
It was stressed that the proximity of local government to the people was an asset. It
could be used to facilitate a continuous dialogue with individuals and groups concerning the
protection and promotion of their human rights. One speaker said that local government
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