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.
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