A/HRC/39/28
(b)
Impartially channel the views of the rights holders concerned into actual
decision-making processes;
(c)
Be provided with an adequate budget and human resources with
expertise on the different groups for which participation needs to be encouraged and
enabled;
(d)
Be accessible, inclusive, gender-responsive and representative.
59.
When decision-making processes may have an impact on children, States
should ensure that the right of children to express their views freely and to be heard is
guaranteed, including by establishing child-friendly, age-appropriate, gendersensitive, inclusive and safe mechanisms for their meaningful engagement.
60.
In peace processes and post-conflict and humanitarian situations, States should
consider establishing formal structures for the participation of those individuals and
groups that are or have been most affected by the conflict, such as children, young
people, minorities, persons with disabilities, internally displaced persons, refugees and
women and girls, in the development, implementation and monitoring of all relevant
legislation, policies, services and programmes. Any such structures should be designed
to give effect to the right of those individuals to make a free and informed choice on
sustainable solutions concerning them.
61.
The institutional framework for participation should make it possible, at all
times, to create and use new modalities of participation, including through the use of
ICT.
62.
The performance of participatory frameworks, including structures and
procedures, should be regularly evaluated and assessed in order to adjust and
improve them and build in innovative ways of and opportunities for participation, on
the basis of the needs of affected rights holders.
(b)
Measures to ensure meaningful participation at different stages of decision-making
63.
The following recommendations provide guidance for the relevant public
authorities of States on ensuring meaningful participation before, during and after
decision-making.
Participation before decision-making
64.
Rights holders should be given the opportunity to participate in shaping the
agenda of decision-making processes in order to ensure that their priorities and needs
are included in the identification of the subject matter and content for discussion. This
can be done, for example, through online consultations, public hearings or forums, or
working groups or committees composed of representatives of public authorities and
members of the society. Where working groups or committees are established, the
relevant public authorities should adopt transparent and inclusive criteria and
processes for the representation of members of disadvantaged groups.
65.
Elected representatives should play a critical role in supporting these processes,
including through their participation and their representation of the constituencies to
which they are accountable.
66.
Rights holders who are directly or likely to be affected by, or who may have an
interest in, a proposed project, plan, programme, law or policy should be identified
and notified. Notification should be provided to all such rights holders in a timely,
adequate and effective manner. In addition, the participation of any other rights
holders wishing to participate should be facilitated. When decisions have countrywide
or very widespread impact, for example during constitution-making and reform
processes, everyone should be identified as potentially affected.
67.
Information regarding the decision-making process should contain clear,
realistic and practical goals in order to manage the expectations of those participating.
Information about the process should include, as a minimum, the following elements:
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