A/HRC/32/20 3. Drafting and review of legislation 58. In Lithuania50 draft laws are posted online for comments and feedback. In Finland, consultation processes on draft legislation last a minimum of six weeks and result in a summary of the consultation process and comments received, which is presented to the legislature together with the bill. Citizens, with the support of 50,000 registered voters, can also propose changes to and repeal of laws or introduce new laws. Thus, a civil society-led campaign to legalize same-sex marriage in Finland garnered sufficient popular support, leading to parliamentary approval in 2014. The establishment of parliamentary joint committees on human rights with representation from civil society, as in Australia, can provide a more direct forum for civil society to engage with parliaments on legislative matters.51 59. Proactive measures to engage civil society and national human rights institutions in drafting processes can uncover gaps and missing information. In Austria, the national human rights institution took the lead in working with civil society organizations to draft the act to implement the country’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.52 60. International and regional human rights mechanisms can also play a critical role in improving legislative processes and texts. Thus, the Special Rapporteur on Freedom of Expression and Access to Information of the African Commission on Human and Peoples’ Rights advanced freedom of information legislation by holding extensive consultations with Governments and civil society prior to drafting a model law, which was eventually adopted by several African States.53 More generally, many mechanisms provide useful guidance to ensure that legislation, in many areas, is compliant with international human rights norms and standards. For instance, the Special Rapporteur on the promotion and protection of human rights while countering terrorism has provided recommendations to ensure that laws on national security and counter-terrorism, money-laundering and incitement to hatred address legitimate concerns without encroaching on human rights and civil society activity (see, for example, A/HRC/16/51). The active participation of experts from civil society and national human rights institutions and academics in drafting and review processes helps to safeguard the protection of public freedoms.54 4. Policy monitoring and review 61. Ongoing policy monitoring is crucial to assess the performance of systems and processes and to adapt them as needed. It is important that consultations and monitoring be broadly based and not confined to habitual partners. Integrating new civil society organizations or grass-roots networks, irrespective of whether they are formally registered, can energize such processes.55 Vigilance is required in State-civil society arrangements to preserve the independence of the latter. 62. In some cases, bodies composed of individuals from beneficiary communities are established to review government project performance. For example, in El Salvador, citizen oversight committees were established, and trained by the Institute for Municipal Development, to monitor project implementation and ensure transparency and 50 51 52 53 54 55 Permanent Mission of Lithuania to the United Nations Office at Geneva . Permanent Mission of Australia to the United Nations Office at Geneva. Ombudsman Board of Austria. Civic Space Initiative. See also www.achpr.org/instruments/access-information. Civic Space Initiative. Comitato per la Promozione e Protezione dei Diritti Umani, Italy; Human Rights Consortium, Scotland. 13

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