A/HRC/27/29 B. Participation in the conduct of public affairs 17. The Human Rights Committee has interpreted “[t]he conduct of public affairs” in article 25 (a) of the International Covenant on Civil and Political Rights as “a broad concept which relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration and the formulation and implementation of policy at international, national, regional and local levels.” The means through which the right to participate in the conduct of public affairs is exercised by individual right holders should be established in national constitutions and other laws.13 18. The Committee on the Elimination of Discrimination against Women has also characterized political and public participation as a “broad concept”, which refers to the exercise of political power and the formulation of policy at all levels. The Committee notes that the right includes participation in civil society through public boards and local councils, political parties, trade unions, professional or industry associations, women’s organizations, community-based organizations and other organizations concerned with public and political life.14 19. The Independent Expert on minority issues stated in her 2010 report to the Human Rights Council that public participation “comprises the right to take part in the conduct of public affairs, the right to vote and to be elected, and to have access to public services. Moreover, it entails participation in governmental bodies, the judiciary and other agencies of the criminal justice system, decentralized and local forms of government, consultation mechanisms, as well as through cultural or territorial autonomy arrangements” (A/HRC/13/23, para. 32). 20. The Independent Expert on minority issues further stated that for public and political participation to be considered effective, positive measures must be taken by States to enable full and equal political and public participation by all social groups (ibid., paras. 52–53). The impact of these measures should be assessed in relation to the individuals and groups concerned as well as on the society as a whole, and “States must also ensure that the participation of minority representatives has a substantial influence on decisions which are taken” (ibid., para 53). 21. Increasingly, international human rights mechanisms are acknowledging the rights of all people to be fully involved in and to effectively influence public decision-making processes that affect them. These public participation rights encompass the rights to be consulted at each phase of legislative drafting and policymaking, to voice criticism and to submit proposals aimed at improving the functioning and inclusivity of all governmental bodies engaged in the conduct of public affairs.15 This wider interpretation of the right to political and public participation is particularly apparent in relation to the rights of persons with disabilities and in connection with indigenous peoples, minorities and the role of civil society organizations.16 13 14 15 16 6 Ibid., para. 5. CEDAW, General Recommendation No. 23 (1997), para. 5. In addition to the jurisprudence of the Human Rights Committee see, for example, Committee on Economic, Social and Cultural Rights, General Comment No. 21 (2009), para. 55 (e). See, for example, the United Nations Declaration on the Rights of Indigenous Peoples, article 19; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, article 2; A/HRC/18/42; A/66/288, paras. 77–86; A/HRC/19/36; and A/HRC/16/44/Add.2, para. 106.

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