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.
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