A/HRC/42/48 institutions at all levels. This Goal includes ensuring responsive, inclusive, participatory and representative decision-making at all levels (target 16.7). 31. In 2018, at the request of the Human Rights Council in its resolution 33/22 and following a wide global consultation process, OHCHR released guidelines on the effective implementation of the right to participate in public affairs. These guidelines contain concise and action-oriented recommendations on how States can put this right in practice, including in the context of participation at the international level. 31 The Council – in its resolution 39/11, which was adopted by consensus – took note with interest of the guidelines and presented them as a set of orientations for States and other relevant stakeholders. 32 The Independent Expert is of the opinion that these guidelines are fully relevant for the global governance spaces profiled in this report. 2. Positive role of civil society and importance of ensuring a safe and conducive environment 32. As stressed repeatedly during the consultations and in the submissions received, meaningful public participation by civil society at large in global governance spaces is of paramount importance for ensuring the transparency and legitimacy of their decisionmaking processes, and ultimately their credibility. 33. Civil society participation means that decisions taken will be informed by a wide range of actors, such as marginalized populations who are most vulnerable to the consequences of the decisions taken, and also civil society interlocutors who can contribute expertise in diverse areas to discussions. 33 As a result, policies made through participatory processes are likely to be more effective and sustainable because they have been vetted by affected populations and independent outsiders and experts. 34 Public participation can also be a bridge to the public, helping to publicize and explain the importance of global governance spaces even if the discussions held there are technical and would otherwise be inaccessible to the public.35 Furthermore, public participation is a way to provide oversight and guard against negative human rights impacts, including ones that may be unforeseen by leaders. It will also ensure that global governance spaces have an impact on more than just the world’s elites and that Governments’ time and resources are used responsibly, for the benefit of all and resulting in the best possible outcomes. 36 Lastly, civil society participation captures the public’s imagination, inspires action and can build momentum for pressing issues. 34. Several participants in the Independent Expert’s consultations mentioned that the public and civil society are inherently suspicious of the global spaces, in which they believe that decisions are made without their input and, potentially, not in their best interests. In addition, the erosion of the concept of representative government – or the idea that politicians naturally have their constituents’ best interests at heart – is as equally felt in these international arenas as in national settings. Regardless of approach, it is clear that increasing avenues for participation is one way of dispelling suspicion of global governance forums and ensuring their effectiveness. 35. In order for meaningful public engagement at the global governance level to take place, it is crucial that a safe and conducive environment be ensured at the local level: in other words, practices of access at the national level will influence access at the supranational level. However, as documented by OHCHR, several special procedure mandate holders and civil society organizations, the space for civil society at the local level 31 32 33 34 35 36 See www.ohchr.org/EN/Issues/Pages/DraftGuidelinesRighttoParticipationPublicAffairs.aspx. Council resolution 39/11, preamble and para. 1. Respondents mentioned that civil society has expertise in a wide range of areas, including in policy, technology and innovation, human rights standards and local contexts. See the submissions by Transparency International and Amnesty International; see also A/HRC/38/18. See the submissions by Amnesty International, Conectas Direitos Humanos and Transparency International. See the submission by Transparency International. See the submissions by Amnesty International, Samarthanam Trust and Transparency International. 9

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