A/HRC/39/28
and the formulation and implementation of policy at international, national, regional and
local levels. In that same general comment, the Committee also recognizes the right to
participate directly in the conduct of public affairs.
50.
There are several ways in which the right of direct participation in the conduct of
public affairs can be exercised. Direct participation may take place when, for example,
rights holders choose or change their constitutions or decide public issues through a
referendum.
51.
In general comment No. 25, the Human Rights Committee recognizes that direct
participation is engaged in by taking part in popular assemblies which have the power to
make decisions about local issues or about the affairs of a particular community, and in
bodies established in consultation with government. In addition, participation in the conduct
of public affairs can be realized by exerting influence through public debate and dialogue
with elected representatives or through the capacity of rights holders to organize
themselves.
52.
The consultation process conducted in preparation for the present draft guidelines
revealed that a number of direct participation initiatives, which contribute to and
complement participation through elected representatives, are being implemented around
the world.
53.
Participation in decision-making processes may happen at different levels, from
provision of information, through consultation and dialogue, to partnership or co-drafting.
These levels relate to the degree of involvement or the “intensity” of participation of rights
holders in the different steps of the decision-making process (i.e., agenda setting, drafting,
decision-making, implementation, monitoring and reformulation).
54.
Modalities of participation, namely, the tools to facilitate participation, such as
websites, campaigns, multi-stakeholder committees, public hearings, conferences,
consultations and working groups, may vary in function of the level of participation and the
step of the decision-making process. While participation should be secured at all stages of
decision-making, no specific set of modalities can be recommended in all contexts.
55.
The following recommendations provide States with some guidance on how to
ensure that rights holders can participate and exercise a meaningful influence in decisionmaking that may affect them.
Practical recommendations
(a)
Institutional framework to ensure participation in the decision-making of public
authorities
56.
Formal permanent structures should be developed to ensure that participation
in decision-making processes is widely understood, accepted and routinely realized by
both public authorities and rights holders. Such structures may include a coordinating
body for participation in the Government, participation coordinators or facilitators in
ministries, joint public-civil society councils, committees or working groups and other
bodies, or framework agreements between public authorities and civil society actors to
support participation.
57.
Formal participation structures should be accessible to and inclusive of
individuals and groups that are marginalized or discriminated against, including
those from disadvantaged socioeconomic backgrounds, in particular women and girls.
Specific permanent mechanisms for the participation of groups that have been
historically excluded, or whose views and needs have been inadequately addressed in
decision-making processes, such as indigenous peoples, minorities, and persons with
disabilities, should be developed.
58.
To ensure that these structures and mechanisms provide meaningful
opportunities for participation, they should, at minimum:
(a)
10
Be co-designed with relevant rights-holders;
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