A/HRC/25/27 18. Transparency ensures unfettered access to timely and reliable information on decisions and performance. Various United Nations mechanisms have stressed the need for transparency for those responsible, inter alia, for administering social assistance payments,9 the extractive industries10 and security and criminal justice sectors,11 as well as with regard to the privatization or contracting out of services.12 19. During the recent twelfth session of the Committee of Experts on Public Administration, “the right to access information was underscored for its role in promoting transparency. Governments should not only recognize the right of access to information but engage in the proactive disclosure and elimination of requirements to provide prior proof of interest … The judiciary must be capable of enforcing these rights and/or responsible institutions could be charged with guaranteeing implementation” (E/2013/44E/C.16/2013/6, para. 56). In his 2013 report, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression points out that “the right to access information is one of the central components of the right to freedom of opinion and expression, as established by the Universal Declaration of Human Rights (art. 19), the International Covenant on Civil and Political Rights (art. 19 (2)) and regional human rights treaties” (A/68/362, para. 2). He also lists some of the core principles that are crucial to guaranteeing the right to information, including maximum disclosure, obligation to publish, promotion of open government, limited scope of exceptions, processes to facilitate access, limited costs, open meetings and the fact that disclosure takes precedence over laws that are inconsistent with the right to information (A/68/362, para. 76). 20. The principles of non-discrimination and participation underpin the perennial theme of equality in international human rights law. Non-discrimination means that no individual or group should be treated adversely due to race, religion, ethnicity, sexual orientation or any other defining characteristic.13 Setting standards for recruitment purposes, for example, dictating that certain academic achievements must be met by applicants, is not discriminatory as it seeks to maintain a high level of professionalism in the delivery of services. In addition, temporary special measures such as the implementation of quotas for the employment of women or for persons with disabilities are not deemed to be discriminatory, so long as the measures are reasonable and not permanent.14 21. The participation of individuals or groups representing individuals engenders joint decision-making and ownership by the recipients of public services.15 This is reflected in article 25 of the International Covenant on Civil and Political Rights and article 3 of the Declaration on the Right to Development, which places emphasis on free, active and meaningful participation of everyone, including by extension, participation in public service provision and decision-making. Obstacles to effective participation can include language barriers, geographical remoteness of communities, poverty, lack of access to basic services, as well as inefficiency on the part of public administration, and corruption. In 9 10 11 12 13 14 15 Committee on Economic, Social and Cultural Rights, E/C.12/UZB/CO/1, para. 54. Special Rapporteur on Toxic Waste, A/HRC/9/22/Add.2, para. 106. Working Group on the Universal Periodic Review, A/HRC/15/14, para. 69.3. Committee on the Rights of the Child, CRC/C/MYS/CO/1, para. 54. See Committee on the Elimination of Racial Discrimination, CERD/C/MAR/CO/17-18; Committee on Migrant Workers, CMW/C/GTM/CO/1; Committee on the Elimination of Discrimination against Women, CEDAW/C/TKM/CO2; and Human Rights Committee, CCPR/C/CHN-HKG/CO/3. Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary (Kehl am Rhein, Engel, 2005), Chapter on Article 2, para. 34. See Committee on the Rights of the Child, CRC/C/15/Add.139; Committee on the Elimination of Discrimination against Women, CEDAW/C/TUV/CO/2; and the report of the Special Rapporteur on the human rights to water and sanitation, A/HRC/18/33/Add.2. 7