A/HRC/33/25
was a vibrant concept and required a framework that allowed flexibility in order to capture
different modalities on the ground.
12.
In the second part of her presentation, Ms. Hadzi-Miceva Evans focused on the
Council of Europe guidelines on participation and how they could inform future discussions
on the topic. She described the rationale and process behind the guidelines, noting that the
drafters had identified a need for guidance with regard to the scope of the right, the
meaning of participation in policymaking, and related issues. She emphasized that the
question concerned not only the rights to participate, to be consulted or to have access to
information, but also direct participation in the drafting of laws and policies. The drafters of
the guidelines were also looking into the impact of the overall enabling environment for
civil society and individuals and how it contributed to participation, and into the different
rights that constituted preconditions for participation. Ms. Hadzi-Miceva Evans noted that
the drafters had also tried to identify the tools and processes that could enhance the right to
participate in public affairs.
13.
In the discussion that followed the panellists’ presentations, questions were raised
regarding the sources of State obligations with regard to the right to participate in public
affairs, other than the International Covenant on Civil and Political Rights, and about how
to assess the quality of elections. Questions were also raised about how to effectively foster
real and meaningful participation by civil society, not only within the framework of
elections but also outside electoral processes. A delegate from one Member State noted that
the expert workshop provided a conceptual basis for future Human Rights Council
resolutions on the right to participate in public affairs as well as on other rights. A number
of delegates spoke about whether the effective implementation of article 25 of the Covenant
could benefit from the development of additional guidance. Mr. de Frouville suggested a
number of options to that end: (a) collecting good practices, which would be a useful basis
for considering any possible revision of general comment No. 25 in the future; (b) drawing
on the work carried out by other treaty bodies, particularly by the Committee on the
Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination
against Women and the Committee on the Rights of Persons with Disabilities; and
(c) developing guidance through the Human Rights Council, particularly on issues of
participative and deliberative democracy, and on norms relevant to those forms of
democracy, and on issues of citizenship, including on citizens’ involvement with decisionmaking processes at the international level. The possibility for treaty bodies to adopt a joint
general recommendation on the right to participate in public affairs was also raised.
14.
A delegate from one Member State referred to that State’s draft law on participation
in public affairs, explaining that it contained a binding set of requirements, such as the
obligatory nature of public consultations; direct forms of consultation, including through
workshops and seminars; and the obligation to provide a justification when consultations
were not held. Questions were asked about how to distinguish between lobbyists’ and
citizens’ participation, and whether it was obligatory to publicize the outcome of
consultations. A delegate from another Member State asked questions about the links that
existed between different types of democracy, about how civil society could be encouraged
to use the existing legal framework to its advantage and about how the quality of the legal
framework and its implementation could be assessed. A representative of an NGO referred
to the potential benefit of using the universal periodic review to monitor how States
implemented the right to participate.
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