A/HRC/23/36 projects especially in the mining, forestry and energy sectors, to remedies for those affected.15 34. The United Nations Declaration on the Rights of Indigenous Peoples, although not legally binding, developed further the importance of free, prior and informed consent in matters of fundamental importance for the rights, survival and dignity of indigenous peoples,16 based on their right to self-determination. “Free” means without coercion, intimidation or manipulation; “prior” implies in advance of the activity or decision being made, with sufficient time for indigenous peoples to undertake their own decision-making processes; “informed” necessitates provision of objective, accurate and complete information relating to the activity, presented in a manner and form understandable to indigenous peoples (A/HRC/18/42, Annex, para. 25). V. Human rights-based approach to participation 35. While the existing legal framework does not refer specifically to how to ensure and support the participation of people living in poverty, a systematic and teleological interpretation17 of several human rights norms, standards and principles can provide guidance. In the present section, several key human rights principles will be examined with the aim of determining how the right to participation of people living in poverty should be understood and realized from a human rights perspective. The subsequent section then provides concrete recommendations to States on how to operationalize these principles. 36. The following human rights principles should guide all participatory processes, including the design, formulation, implementation, follow-up and evaluation. With each principle are listed guidelines which are intended to demonstrate what specific measures that principle would necessitate in order to achieve a participatory process that is human rights compliant, inclusive of and accessible to people living in poverty. The guidelines listed are not exhaustive,18 nor will each apply or be appropriate in every circumstance. A. Respect for dignity, autonomy and agency 37. Dignity is the foundation of all human rights, inextricably linked to the principles of equality and non-discrimination. When based on human rights, participation can help to reclaim the dignity and autonomy of people living in poverty by recognizing them as active agents with rights and responsibilities, and enabling agency in decisions that directly affect their lives. 38. Respect for the inherent dignity of those living in poverty must inform all participatory processes and strategies, and each person’s expertise, experience and input must be valued. First and foremost, participation must be premised on the recognition of each person as a valid speaking partner with a unique and valuable knowledge to contribute. Participatory processes should begin with and be premised on the 15 16 17 18 10 See, e.g., ILO, Application of Convention No.169 by Domestic and International Courts in Latin America – a Casebook, 2009. See e.g., articles 10, 11, 19, 28, 29 and 32. Art. 31 of the Vienna Convention on the Law of Treaties. Due to the nature and limitations of this document, this section refers in general to the enjoyment of the right to participation by people living in poverty. Additional measures would be needed to facilitate the participation of certain specific groups or individuals such as children, older persons, persons with disabilities and indigenous peoples. The present report does not include an outline of such specific measures.

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