A/HRC/39/28
8.
It should be stated at the outset that meaningful participation requires a long-term
commitment by public authorities, together with their genuine political will, an emphasis on
agency and a shift in mindset regarding the way of doing things. To assist States in making
this shift, the draft guidelines provide “a set of orientations” for how States should
effectively implement the right to participate in public affairs, as requested by the Human
Rights Council in its resolution 33/22. In the draft guidelines, it is recognized that civil
society actors, including the media, can contribute to States’ efforts to implement the
recommendations contained herein.
9.
The present draft guidelines refer, when appropriate, to “rights holders”. This term
seems more apt than others to include forms of participation, encompassing initiatives that
involve all individuals affected or concerned by the decisions at stake.
10.
In the draft guidelines, it is stressed that information and communications
technologies (ICTs) offer new tools for participation, expanding the space for civic
engagement, and have the potential to promote more responsible and accountable
governments. ICTs are complementary to traditional forms of participation as they create
additional opportunities for equal and meaningful participation. The draft guidelines also
recognize that, nevertheless, ICTs could negatively affect participation, for example when
disinformation and propaganda are spread through ICTs to mislead a population or to
interfere with the right to seek and receive, and to impart, information and ideas of all
kinds, regardless of frontiers.
11.
The draft guidelines may contribute to the effective implementation of the
Sustainable Development Goals in all regions. In fact, the 2030 Agenda for Sustainable
Development places particular emphasis on the promotion and protection of participation of
all members of society in public affairs, in particular with its goal 16, which includes
targets to ensure responsive, inclusive, participatory and representative decision-making at
all levels (target 16.7) and to ensure public access to information and protect fundamental
freedoms, in accordance with national legislation and international agreements (target
16.10). Beyond Goal 16, the implementation and monitoring of the 2030 Agenda as a
whole rests on the meaningful participation of all actors in society, in particular those most
at risk of discrimination and of being left behind.
12.
States are encouraged to translate the draft guidelines into local languages, to
disseminate them widely, including to local authorities, and to make them available in
accessible formats. The recommendations contained in the present draft guidelines should
be turned into context-appropriate measures that comply with international human rights
norms and standards.
13.
Nothing in the draft guidelines should be interpreted as affording a lesser degree of
protection to the right to participate in public affairs and other human rights than that
provided under existing national laws and regulations and applicable international and
regional human rights norms and standards.
II. Basic principles underpinning the effective implementation of
the right to participate in public affairs
14.
The right to participate in public affairs cannot be considered in a vacuum. The
effective exercise of this right requires an environment where all human rights, in particular
the rights to equality and non-discrimination, to freedom of opinion and expression and to
freedom of peaceful assembly and of association, are fully respected and enjoyed by all
individuals.
15.
The right to participate in public affairs is closely linked to the full realization of the
right of access to information, which, as part of the right to freedom of expression, is an
enabler of participation and a prerequisite that ensures the openness and transparency of,
and accountability for, States’ decisions.
16.
The right to participate in public affairs requires that the life, physical integrity,
liberty, security and privacy of all members of society, including journalists and human
rights defenders, be protected at all times.
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