A/HRC/30/26
extended limited voting rights to non-citizens and some allow non-citizens to stand as
candidates in local elections and be members of the boards of self-governing bodies.
Quotas may increase access to elected positions for women, lesbian, gay, bisexual,
transgender individuals and members of minorities. Quotas work best when they are
monitored and accompanied by sanctions for non-compliance.
71.
Full and effective participation in political and public affairs is best ensured
when the right itself, combined with the right to equality and non-discrimination, is
recognized in national legislation and when limitations to this right are exceptional
and justified by reasonable and objective criteria. The right to participate in political
and public affairs should be enforceable by law and its denial should be open to
judicial challenge. Appropriate remedies should be available if a violation is
established.
72.
Legal frameworks that include the explicit right of individuals and groups to
participate in the design, implementation and evaluation of any policy, programme or
strategy that affects their rights, at the local, national and international levels are
most conducive to the full realization of the right to participate in political and public
affairs.
73.
Exercise of the right to participate in political and public affairs further
depends on transparency and on access to full, updated and understandable
information. This information should be made available free of charge and with
sufficient time in advance. Participation in political and public affairs is strengthened
when important decisions, such as those on budget and resource allocation, are open
for discussion. Participation mechanisms should be premised on empowerment and
capacity-building.
74.
Equal access to public service, as a component of the right to political and
public participation, can be promoted through diversity programmes, separate
recruitments processes or affirmative measures.
75.
Public life has also been enriched through new forms of participation, such as
citizens’ initiatives and e-Government, and through the use of information and
communication technologies.
76.
As regards participation of women in political and public affairs, States
reported encouraging political parties to adopt effective measures to ensure that
women are placed in top positions on candidates lists so as to have better chances of
being elected as well as fully represented in senior positions in the structures of the
parties. It is also important to include issues relating to women in election campaigns
and platforms and to appoint women to senior decision-making roles in the executive,
legislative and judiciary. A number of States referred to the “zipper” requirement for
electoral lists, which alternate women and men candidates, and to State funding to
political parties being contingent on compliance with requirements for increased
women’s representation.
77.
With respect to indigenous peoples, measures to increase their participation
include making information available in indigenous languages and consultation with
indigenous bodies. In the event that consultation does not take place, various measures
have been judicially ordered, from invalidation of approval for Government projects,
especially in the mining, forestry and energy sectors, to remedies for those affected.
78.
States also referred to a number of best practices relating to participation in
political and public affairs by members of minorities. Some States reported on
lowered thresholds for minorities to join elected bodies; others mentioned the system
of seats reserved for minorities in elected bodies, favorable delimitation of the
constituencies, or the creation of a council of minority representatives. Minorities in
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