A/HRC/30/28
main entry points for non-State actors, Mr. Nesi identified consultative processes and
mechanisms such as public hearings, enquiries and other open forums for discussion
and exchange of views. Other avenues could include local and national assemblies.
66.
He said that human rights impact assessments were also important as they
allowed all stakeholders and beneficiaries to be part of the national planning process.
However, real participation needed to be broad-based and pluralistic, and to include
vulnerable and marginalized groups. The business sector had an important role to
play through corporate social responsibility, which also needed to be based on
participation and inclusiveness. The importance of accountability in development was
also increasingly recognized within the United Nations system. In this regard, it was
necessary to understand accountability as a strategy consisting of several important
elements. The first and foremost component was a functioning national justice system.
If the national system did not work, one had to turn to linkages between national and
international accountability.
67.
Mr. Nesi observed that the role of the International Criminal Court was often
mentioned and he recalled the possibility that permanent members of the Security
Council had to block the prosecution of specific cases through the use of their veto.
This, in turn, had led the discussion towards considering the possible role of the
General Assembly in endorsing the prosecution of cases or setting up special ad hoc
tribunals. A State could in some instances also resort to extraterritorial jurisdiction in
pursuing its nationals for criminal acts committed abroad or when its nationals had
become victims of acts outside its territory. Another option to explore was universal
jurisdiction through which a State could use its jurisdiction to pursue non-nationals
regardless of where the crimes had been committed. With regard to national
policymaking, the most essential elements were good laws linked to effective
enforcement measures through the courts. National human rights institutions also had
a crucial role to play.
68.
Mr. Magazzeni underlined the important contribution national human rights
institutions and civil society could make to national policy development and
implementation. Those actors could help identify capacity and implementation gaps,
and monitor implementation against indicators and benchmarks. Through their
involvement with international mechanisms, such as the universal periodic review,
they could also participate at the international level. In the experience of OHCHR,
national human rights action plans had proven to be effective instruments for
coherent and effective human rights implementation.
69.
He said that the most successful plans included a strong element of
participation, involving all relevant stakeholders. The Board of Trustees of the
Voluntary Fund for Technical Cooperation in the Field of Human Rights had also
observed that a human rights-based approach involving civil society and national
human rights institutions at all stages of national planning was essential to the
effective implementation of programmes. Broad participation also strengthened
national ownership, which, in turn, increased the impact and sustainability of
development initiatives.
70.
Mr. Nesi said that many States gave primacy to international law over domestic
legislation, which could be the best way to ensure that the country’s human rights
obligations were incorporated into national policies. It was also important for judges
to be aware of that principle and take it into account in their work to render justice
through the national court system.
71.
Mr. Cárdenas said that the use of human rights indicators was a key
instrument in policymaking in Paraguay. Such frameworks were being used to
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