A/HRC/39/28 I. Introduction 1. Participation enables the advancement of all human rights. It plays a crucial role in the promotion of democracy, the rule of law, social inclusion and economic development. It is essential for reducing inequalities and social conflict. It is also important for empowering individuals and groups, and is one of the core elements of human rights-based approaches aimed at eliminating marginalization and discrimination. 2. While the responsibility and accountability for taking decisions ultimately rests with public authorities, the participation of various sectors of society allows the authorities to deepen their understanding of specific issues; helps to identify gaps, as well as available policy and legislative options and their impact on specific individuals and groups; and balances conflicting interests. As a consequence, decision-making is more informed and sustainable, and public institutions are more effective, accountable and transparent. This in turn enhances the legitimacy of States’ decisions and their ownership by all members of society. 3. The Human Rights Council has dedicated increasing attention to the issue of equal participation in political and public affairs. 1 In its resolution 33/22 on equal participation in political and public affairs, the Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare concise and action-oriented draft guidelines as a set of orientations for States on the effective implementation of the right to participate in public affairs, as set out in article 25 of the International Covenant on Civil and Political Rights and as further elaborated on in other relevant provisions under international human rights law, and to present the draft guidelines to the Council at its thirty-ninth session. The Council also requested OHCHR to facilitate open, transparent and inclusive elaboration of the draft guidelines, including through informal consultations with States and other stakeholders at the regional level. 4. Consequently, OHCHR organized five informal regional consultations and issued two calls for submissions that generated responses from 65 stakeholders. 2 The process enabled the development of the present draft guidelines, which are grounded in the inputs received during the consultation process and informed by the examples of best practices gathered in that context. 5. Article 25 of the International Covenant on Civil and Political Rights recognizes the right to participate in public affairs, including the following three elements: (a) the right to take part in the conduct of public affairs; (b) the right to vote and to be elected; and (c) the right to have access to public service. 6. The draft guidelines start with references to a number of basic principles and elements that, in accordance with international human rights law, should guide the effective implementation of the right to participate in public affairs. The next focus is on the right to vote and to be elected, the right to take part in the conduct of public affairs and participation at the supranational level, including within international organizations. 7. In the light of the broad scope of the draft guidelines and due to the word limit, the draft guidelines are neither comprehensive nor able to address all aspects of the right to participate, such as the right to have access on general terms of equality to public service positions; similarly, the references to situations pertaining to the participation of specific individuals and groups that may face discrimination are not exhaustive. States are encouraged to develop further guidance at the national level in relation to the participation of individuals and groups that are marginalized or discriminated against, with a systematic integration of a gender perspective. 1 2 2 See Council resolutions 24/8, 27/24 and 30/9. See also A/HRC/27/29, A/HRC/30/26 and A/HRC/33/25. Information on the consultation process and the submissions received are available at www.ohchr.org/participationguidelines.