A/HRC/34/62
based framework for meaningful, empowering and effective participation of people living
in poverty in the design, implementation and evaluation of policies and programmes that
affect them. 15 The Special Rapporteur on the human right to safe drinking water and
sanitation has also provided guidance on the elements and requirements for active, free and
meaningful participation relating to all stages of decision-making processes on water and
sanitation.16
33.
The Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International
Labour Organization enshrines the binding duty to consult with indigenous peoples through
special procedures in matters affecting their lives and territories, with the objective of
obtaining their free, prior and informed consent. The United Nations Declaration on the
Rights of Indigenous Peoples also develops core elements of indigenous peoples’
participation.17 The Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people provided an authoritative analysis and recommendations on
these matters.18
34.
International human rights instruments and mechanisms also refer specifically to
participation by victims and civil society in transitional justice processes. The Human
Rights Committee, for example, urged Canada to implement, in consultation with
indigenous people, the recommendations of the Truth and Reconciliation Commission with
regard to the Indian residential schools. 19 The Committee on the Elimination of Racial
Discrimination expressed concern and presented recommendations to Peru relative to the
delays in the implementation of the comprehensive collective reparations plan, particularly
with regard to indigenous peoples who were victims of the armed conflict between 1990
and 2000, and the lack of proper participation by such persons in developing and
implementing reparation programmes. 20 Several special procedure mandate holders have
also addressed recommendations to States relative to the participation of and consultations
with victims, victim associations and civil society in relation to transitional justice
processes.21 The updated set of principles for the protection and promotion of human rights
through action to combat impunity emphasize the meaningful role of victims and other
sectors of civil society in transitional justice processes and the importance of broad public
consultations in decisions related to the establishment and composition of truth
commissions, the design, implementation and assessment of reparation programmes, as
well as in the establishment of institutional reforms aimed at preventing a recurrence of
violations. Special efforts should be made to ensure that men and women, and minority
groups, participate on an equal basis. 22
35.
Concerning the participation of and consultation with women in the context of peace
negotiations and transitional justice processes and related decision-making, the Committee
15
16
17
18
19
20
21
22
8
See A/HRC/23/36.
See A/69/213.
See A/HRC/18/42.
See A/HRC/12/34.
See CCPR/C/CAN/CO/6.
See CERD/C/PER/CO/18-21.
See, e.g., the reports of the Special Rapporteur on his missions to Spain (A/HRC/27/56/Add.1),
Uruguay (A/HRC/27/56/Add.2), Burundi (A/HRC/30/42/Add.1) and Tunisia (A/HRC/24/42/Add.1);
the report of the Working Group on Enforced or Involuntary Disappearances on its mission to TimorLeste (A/HRC/19/58/Add.1); the report of the Representative of the Secretary-General on the human
rights of internally displaced persons on his mission to Côte d’Ivoire (A/HRC/4/38/Add.2); the report
of the Special Rapporteur on the situation of human rights in the Sudan (E/CN.4/2006/111); and the
report of the Special Rapporteur on the situation of human rights in Myanmar (A/HRC/22/58).
See E/CN.4/2005/102/Add.1, principles 6, 32 and 35.
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