A/HRC/39/28
(b)
States should create effective mechanisms to ensure the accountability of
non-State actors, including business enterprises, involved in the development and
implementation of public policy and other public decisions;
(c)
States should promote and commit to a culture of openness and
transparency and consider, where applicable, joining the Open Government
Partnership, an international network committed to making governments more open,
accountable and responsive to the public.
24.
States should empower rights holders to effectively exercise the right to
participate in public affairs.
(a)
Civic education programmes should be developed and implemented as
an integral part of school curricula, in both public and private institutions. Such
programmes should be aimed at empowering rights holders, promoting a culture of
participation and building agency within local communities;
(b)
Civic education programmes should include knowledge of human rights,
the importance of participation for society, and an understanding of the electoral and
political system and of various opportunities for participation, including available
legislative, policy and institutional frameworks;
(c)
Targeted capacity-building and civic education programmes should be
provided for individuals and groups that are marginalized or discriminated against,
and should take into account specific challenges, such as illiteracy and language and
cultural barriers, in order to empower them to be active participants in public life.
This includes the adoption of measures promoting the engagement and collaboration
of all relevant civil society actors, including the media, and community and religious
leaders, to bring about a shift in the norms and values restricting the exercise of the
right to participate in public affairs, especially for women.
III. Dimensions of the right to participate in public affairs: forms
and levels of participation
A.
Participation in elections
25.
Article 21 of the Universal Declaration of Human Rights highlights the role of
periodic and genuine elections in ensuring that everyone is able to participate in the public
affairs of his or her country. Article 25 (b) of the International Covenant on Civil and
Political Rights provides citizens with the right and the opportunity to vote and to be
elected at genuine periodic elections which are to be by universal and equal suffrage and
are to be held by secret ballot, guaranteeing the free expression of the will of the electors.
Elections lie at the heart of democracy, and remain the primary means through which
individuals exercise their right to participate in public affairs.
26.
In addition to allowing rights holders to take part in the conduct of public affairs as
voters or candidates for election, thereby permitting participation through chosen
representatives, certain electoral processes enable direct participation, as in the case of
referendums. Genuine electoral processes are also essential to ensure accountability of
representatives for the exercise of the legislative or executive powers.
27.
International law does not impose any particular electoral system and there is no
“one size fits all” model or solution to guarantee successful electoral processes. States
enjoy a large margin of appreciation in this context. However, genuine elections should be
held in an environment of general respect for and the enjoyment of human rights, on an
ongoing basis, without discrimination and without arbitrary or unreasonable restrictions.
28.
ICTs may provide tools to improve participation in elections and enhance their
transparency. States considering the introduction of technological innovations in order to
improve participation in electoral processes should do so only after broad outreach and
consultations with all stakeholders, as well as comprehensive and consultative feasibility
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