A/HRC/33/25 III. Overview of panel presentations and discussions A. Right to participate in public affairs, and the existing guidance 5. Olivier de Frouville, a member of the Human Rights Committee, focused his presentation on the legal framework for exercising the right to participate in public affairs. He stated that the right to participate, as provided in article 25 of the International Covenant on Civil and Political Rights, was the foundation of a democratic government based on the consent of the people. Mr. de Frouville recalled the breadth of the notion of “conduct of public affairs”, which included the exercise of legislative, executive and administrative powers and covered all aspects of public administration as well as the formulation and implementation of policy measures at the international, national, regional and local levels. He also recalled that the right to participate, as provided in article 25 of the Covenant, included: (a) a general right to take part in the conduct of public affairs, which may be exercised directly or indirectly; (b) three distinct but interrelated rights: the right to vote (the right of the voter), the right to be elected (the right of the candidate), and the right to periodic elections with universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of voters; and (c) the right to have access on general terms of equality to public service positions – to be ensured through objective and reasonable criteria and processes for appointment, promotion, suspension and dismissal. 6. Mr. de Frouville added that the right and the opportunity to participate in public affairs required effective implementation of the right going beyond periodic elections. He said that States must adopt laws to determine the allocation of powers and the means by which citizens exercised the rights protected by article 25 without unreasonable restrictions. States were also under an obligation to adopt positive measures to overcome specific difficulties, such as illiteracy, language barriers, poverty, or impediments to freedom of movement, which may prevent persons entitled to vote from exercising their rights. In his conclusion, Mr. de Frouville indicated that while the Committee’s general comment No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service remained relevant 20 years after its adoption, some areas could be addressed in greater detail in the light of developments that had taken place since 1996; these included (a) the issue of discrimination in the exercise of the right to participate in the conduct of public affairs; (b) alternative forms of participation, such as participative or deliberative forms; and (c) participation at the supranational or global level, including within international organizations. 7. Wan-Hea Lee, the Representative of the High Commissioner for Human Rights in Cambodia, focused her presentation on the implementation of the right to participate in public affairs at the national level. Noting the importance to the work of OHCHR in Cambodia of the guidance provided in the Human Rights Committee’s general comment No. 25, and in its general comment No. 34 on freedom of opinion and freedom of expression, she pointed out that the exercise of the right to participate in public affairs in the country had faced a number of challenges since the general elections held in 2013. This had included the adoption of a series of restrictive laws that — for example, by allowing deregistration without justification — could potentially curtail the capacity of civil society organizations to engage in human rights advocacy, research, victim protection and awareness-raising activities. In the context of the upcoming elections in 2017 and 2018, a number of laws had been adopted, or were in the process of being adopted, which may constitute obstacles to freedom of expression. Ms. Lee noted that public consultations on draft laws or policies were not considered a mandatory requirement. She also highlighted the importance of participation in day-to-day decisions affecting people’s lives, such as issues related to development, the environment and adequate standards of living. 4