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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