A/HRC/23/36 30. States therefore have positive obligations under international human rights law to establish specific mechanisms at all the relevant levels to ensure that all persons concerned have the de facto opportunity to take part in the conduct of public affairs and decisions that might affect them (A/63/274, para. 22). This is especially relevant for people living in extreme poverty who might lack the necessary strength, knowledge or education required to make a meaningful contribution to the conduct of public affairs. Other sources of international law 31. Aside from the United Nations human rights instruments, various other legal frameworks also refer to participation. While not specifically focused on participation of people living in poverty, these other frameworks could also assist in determining the legal content of the right to participation. For example, the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) regulates procedural rights for environmental decision-making for State parties. It links environmental rights with human rights, and in particular the right to participation,12 and is based on three pillars – access to information, public participation in decision-making, and access to justice in environmental matters. The Convention sets out minimum requirements for public participation in various categories of environmental decision-making. The public participation requirements include: (a) timely and effective notification to the concerned public; (b) reasonable time frames for participation, including provision for participation at an early stage; (c) a right for the concerned public to inspect information relevant to the decision-making process at no cost; (d) an obligation for the decision-making body to take due account of the outcome of public participation; and (e) prompt public notification of the decision, with the text of the decision and the reasons and considerations on which it is based made publicly accessible. 13 32. The Indigenous and Tribal Peoples Convention of the International Labour Organization (1989) (ILO Convention No. 169) is focused on participation of indigenous people in decision-making, and is the only international convention to assign governments the duty of face-to-face consultation with communities.14 It states that consultation with indigenous peoples should be undertaken through appropriate procedures, in good faith and through the representative institutions of these peoples; the peoples involved should have the opportunity to participate freely at all levels in the formulation, implementation and evaluation of measures and programmes that affect them directly. ILO Convention No. 169 also specifies individual circumstances in which consultation with indigenous and tribal peoples is an obligation. In particular, relocation/displacement of the community should take place only with their “free and informed consent”. 33. If not developed with the indigenous and tribal institutions or organizations that are truly representative of the peoples in question, consultations will not comply with the requirements of the Convention. Notably, in applying the Convention, several judgments of national and regional tribunals have found that the non-participation of indigenous groups in consultation or decision-making processes violated their rights and, as such, a broad set of measures have been judicially ordered, from the invalidation of approval of government 12 13 14 S. Stec and S. Casey-Lefkowitz, The Aarhus Convention: an Implementation Guide, United Nations, New York and Geneva, 2000, p. 1. J. Foti et al., Voice and Choice: Opening the Door to Environmental Democracy, World Resources Institute, 2008, p. 19. J. Foti and L. de Silva, A Seat at the Table: Including the Poor in Decisions for Development and Environment, World Resources Institute, 2010, p. 4. 9