A/HRC/42/48 C. Importance of ensuring effective public participation in global decisionmaking processes 26. Regardless of the structure and functioning of the global governance space, public participation is a core value that should be upheld to ensure that the work of the groupings contributes to a democratic and equitable international order. “Public participation” is understood in the present report to be participation by all segments of society that do not relate to the State: civil society in general including NGOs, academia, labour unions, mass movements, and groups that are marginalized or discriminated against, including women, children, youth, older persons, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, members of minorities, indigenous peoples, migrants and refugees. 1. General legal framework governing public participation in public affairs 27. Article 21 of the Universal Declaration of Human Rights and article 25 of the International Covenant on Civil and Political Rights recognize the right and opportunity of everyone to take part in the conduct of public affairs, directly or through freely chosen representatives. The right to participate in decision-making is not restricted to local affairs, but extends to global institutions where the right to be heard should be upheld. In its general comment No. 25 (1996) on participation in public affairs and the right to vote, the Human Rights Committee recognized that the conduct of public affairs “cover[ed]… the formulation and implementation of policy at international, national, regional and local levels” (para. 5).24 28. Importantly, the exercise of the right to participate in public affairs should be seen in conjunction with the exercise of the right to equality and non-discrimination, as well as with the exercise of the enabling rights of freedom of opinion and expression, including access to information, freedom of peaceful assembly and freedom of association, as guaranteed by international human rights law. These rights are the foundations of a safe and enabling environment and they also apply at the international level, as stressed by previous special procedure mandate holders.25 29. In its resolutions, the Human Rights Council emphasized the right of everyone, individually and in association with others, to unhindered access to and communication with subregional, regional and international bodies, and their representatives and mechanisms;26 the critical importance of equal and effective participation in political and public affairs for democracy, the rule of law, social inclusion, economic development and advancing gender equality, and for the realization of all human rights and fundamental freedoms; 27 and the crucial importance of the active involvement of civil society, at all levels, in processes of governance and in promoting good governance, including through transparency and accountability, at all levels, which is indispensable for building peaceful, prosperous and democratic societies. 28 30. As the Council pointed out, the 2030 Agenda, which has been endorsed by all United Nations Member States and therefore by member States of the aforementioned global governance spaces,29 recognizes equal participation as a vital principle for achieving sustainable development, eradicating poverty and realizing all human rights. 30 Sustainable Development Goal 16 is to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive 24 25 26 27 28 29 30 8 See also article 5 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. See, for instance, A/69/365 and A/72/350. Human Rights Council resolution 32/31, para. 10. Council resolution 33/22, preamble. Council resolution 32/31, preamble. For instance, G20 committed in 2016 to realizing the Sustainable Development Goals. Council resolution 33/22, preamble.

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