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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