A/HRC/23/36 third parties (including business enterprises or private individuals) from interfering in the right to participation. This would include safeguarding participatory spaces, protecting freedom of expression through law and policy, and protecting individuals from reprisal from non-State actors. It also requires States to protect social movements, community organizers and human rights defenders. Lastly, the obligation to fulfil requires States to facilitate, promote and provide for the full realization of the right to participation, through appropriate legislative, administrative, judicial, budgetary and other measures. This includes strengthening skills and capacity of the public and officials, presenting meaningful decisions for public deliberation and devoting resources to long-term, sustainable participatory mechanisms to influence national priorities, programmes and decisions. 84. Government agencies and policymakers must be prepared to give value to the findings of participatory processes, critically examine their own practices and attitudes, and allow the necessary resources and time to enable people living in poverty to participate effectively. Instituting meaningful participation will require the State to relinquish unilateral control over some areas of policy traditionally seen as government prerogative, for example budgets. Similarly, while successful participation is frequently dependent on some form of State engagement, States should not seek to “own” all spaces of participation, and must protect and promote the role of NGOs and civil society. 85. Promising participatory practices have been implemented in a wide variety of contexts by actors including States, bilateral development agencies, United Nations agencies, civil society organizations and others. Prominent examples include participatory budgeting, environmental decision-making, slum surveys, citizen juries, social monitors and community scorecards. Much can be learned from such practices. Meaningful participation requires resources, time and planning, and should be seen as a process rather than an event, with multiple entry points through which members of the public can engage. However, evidence shows that it is possible, even in the most challenging of situations. 86. In order to comply with their human rights obligations regarding the right to participation, the Special Rapporteur recommends States undertake the following actions: (a) Legal and institutional framework: (i) Adopt a legal framework that includes the explicit right of individuals and groups to participate in the design, implementation and evaluation of any policy, programme or strategy that affects their rights, at the local, national and international levels. This should include: a. Putting in place operational guidelines, policies and capacitystrengthening measures to enable public officials to apply these laws, and ensuring that these are adaptable to different contexts and allow innovation based on feedback from the ground. b. Requiring the establishment mechanisms at the local and national levels. of inclusive participatory c. Explicitly including the duty of policymakers and public officials to actively seek and support the meaningful participation of people living in poverty. 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents