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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