A/HRC/24/38
(h)
States should bear in mind the significant risks related to the
privatization of essential public services. Privatized services must observe human
rights standards including on non-discrimination, accessibility, affordability, quality
and adequacy, bearing in mind that when non-State actors are involved in service
provision, there is a shift to an even stronger focus on the obligation of the State to
protect.
(i)
States should ensure access to truthful and reliable information by the
population, encourage pluralism and the democratization of the media, online and
offline, if necessary through the use of anti-trust legislation to break down cartels and
media conglomerates, which undermine the diversity of opinion and debate
indispensable to the democratic process.
(j)
States should build spaces and create conditions conducive to free debate
and the expression of diverse views on issues of public concern.
B.
Recommendations to the Council
57.
The Independent Expert makes the following recommendations:
(a)
The Independent Expert welcomes the progress made by the Human
Rights Council in discussing the Draft Declaration on the Right to Peace elaborated
by the Advisory Committee, and encourages the Council to continue its deliberations
as a constructive step toward a democratic and equitable international order. The
declaration should be referred to the General Assembly for adoption.
(b)
The Independent Expert notes that the self-determination item was a
permanent item on the agenda of the Commission on Human Rights. Bearing in mind
that self-determination is a pillar of the Charter and that it has not been achieved by
many indigenous peoples, minorities, unrepresented peoples, and peoples under
occupation, the Council should resume consideration of self-determination as part of
items 3 and 4 of its agenda.
(c)
The Council should consider holding a workshop on self-determination
and genuine participation. A democratic deficit is ultimately a deficit in selfdetermination.
(d)
The Council should consider assigning to its Advisory Committee (i) an
update of the 1999 Treaty study conducted by the Sub-Commission92; (ii) the
elaboration of a strategy to revitalize the 2004 Cardoso report on United Nations-Civil
Society Relations (A/58/817), with a view to enhancing the role of civil society in the
work of the Council, and granting non-governmental organizations at least as much
time and opportunity to participate in its work as in the former Commission on
Human Rights; (iii) a study on how a World Parliamentary Assembly may advance
genuine participation; (iv) a study on strengthening the enforcement of its own
resolutions, UPR recommendations, as well as decisions and views of the treaty bodies,
including by ensuring Special Procedures mandate holders can provide advisory
services and technical assistance to States in the drafting of enabling legislation; and
(v) a study on the added value of establishing a World Court of Human Rights.
(e)
The Council should recommend to the General Assembly the adoption of
a resolution streamlining the procedure for granting consultative status to non92
20
See E/CN.4/Sub.2/1999/20
http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/696c51cf6f20b8bc802567c4003793ec.
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