A/HRC/39/28
C.
Right to participate in public affairs at the supranational level,
including in international organizations
95.
The Human Rights Committee, in its general comment No. 25, recognized that the
right to take part in the conduct of public affairs also covers the formulation and
implementation of policy at the international and regional levels. Despite the importance of
participation at the international level, the workings of international organizations continue
to be opaque for most people.7
96.
Decision-making at the regional and international levels may have a significant
effect on the realization of human rights, as such decision-making has an impact on national
legislation, policies and practices. It is thus necessary that such decisions are made in a
transparent and accountable manner, with the participation of those who will be affected by
those decisions, and in an environment respectful of public freedoms, which are
fundamental and should also be protected at the international level. Civil society actors
choosing to participate in regional and international meetings must be safe and not be
subject to acts of reprisal.
97.
Those who participate at the supranational level often bring local and national
concerns to the attention of the international community, thus connecting the international
and local levels. For example, civil society actors have been instrumental in raising
awareness at the regional and international levels of the rights of groups that are
marginalized or discriminated against, and in empowering and giving voice to them. Such
participation has also contributed to challenging social norms and the organizational culture
of regional and international organizations.
98.
The forms and modalities of the participation of rights holders at the international
level might vary according to the format and rules of the international forum concerned,
and the nature and phase of the process. Participation may be ensured through different
means, including the granting of observer, consultative or participatory status; advisory
committees open to relevant stakeholders; forums and dialogues; webcasting of events; and
general calls for comments. For rights holders to participate effectively at the international
level, access to information is indispensable.
Practical recommendations
99.
States should respect, protect and facilitate the rights to freedom of expression
and to freedom of peaceful assembly and of association in connection with the exercise
of the right to participate at the international and regional levels.
100. Participation of civil society actors in meetings of international organizations,
mechanisms and other forums, at all relevant stages of a decision-making process,
should be allowed and proactively encouraged.
101. Access to international and regional forums should be provided without
discrimination of any kind.
102. States should end all acts of intimidation and reprisals against civil society
actors engaging or seeking to engage with international forums, and/or participating
in any related event. When acts of intimidation or reprisals take place, States should
investigate all allegations, provide effective remedies and adopt and implement
preventive measures to prevent their recurrence Understanding and addressing
gender-specific forms of reprisal is key in this context.
103. States should establish objective, consistent and transparent criteria for
expeditiously granting to civil society organizations observer, consultative or
participatory status in international organizations. Organizations having their
7
16
In the context of the present draft guidelines, the terms “international organizations”, “participation at
the international level” and “international meetings and forums” should be understood as including
the regional level.
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