A/HRC/42/48
institutions at all levels. This Goal includes ensuring responsive, inclusive, participatory
and representative decision-making at all levels (target 16.7).
31.
In 2018, at the request of the Human Rights Council in its resolution 33/22 and
following a wide global consultation process, OHCHR released guidelines on the effective
implementation of the right to participate in public affairs. These guidelines contain concise
and action-oriented recommendations on how States can put this right in practice, including
in the context of participation at the international level. 31 The Council – in its resolution
39/11, which was adopted by consensus – took note with interest of the guidelines and
presented them as a set of orientations for States and other relevant stakeholders. 32 The
Independent Expert is of the opinion that these guidelines are fully relevant for the global
governance spaces profiled in this report.
2.
Positive role of civil society and importance of ensuring a safe and conducive
environment
32.
As stressed repeatedly during the consultations and in the submissions received,
meaningful public participation by civil society at large in global governance spaces is of
paramount importance for ensuring the transparency and legitimacy of their decisionmaking processes, and ultimately their credibility.
33.
Civil society participation means that decisions taken will be informed by a wide
range of actors, such as marginalized populations who are most vulnerable to the
consequences of the decisions taken, and also civil society interlocutors who can contribute
expertise in diverse areas to discussions. 33 As a result, policies made through participatory
processes are likely to be more effective and sustainable because they have been vetted by
affected populations and independent outsiders and experts. 34 Public participation can also
be a bridge to the public, helping to publicize and explain the importance of global
governance spaces even if the discussions held there are technical and would otherwise be
inaccessible to the public.35 Furthermore, public participation is a way to provide oversight
and guard against negative human rights impacts, including ones that may be unforeseen by
leaders. It will also ensure that global governance spaces have an impact on more than just
the world’s elites and that Governments’ time and resources are used responsibly, for the
benefit of all and resulting in the best possible outcomes. 36 Lastly, civil society participation
captures the public’s imagination, inspires action and can build momentum for pressing
issues.
34.
Several participants in the Independent Expert’s consultations mentioned that the
public and civil society are inherently suspicious of the global spaces, in which they believe
that decisions are made without their input and, potentially, not in their best interests. In
addition, the erosion of the concept of representative government – or the idea that
politicians naturally have their constituents’ best interests at heart – is as equally felt in
these international arenas as in national settings. Regardless of approach, it is clear that
increasing avenues for participation is one way of dispelling suspicion of global governance
forums and ensuring their effectiveness.
35.
In order for meaningful public engagement at the global governance level to take
place, it is crucial that a safe and conducive environment be ensured at the local level: in
other words, practices of access at the national level will influence access at the
supranational level. However, as documented by OHCHR, several special procedure
mandate holders and civil society organizations, the space for civil society at the local level
31
32
33
34
35
36
See www.ohchr.org/EN/Issues/Pages/DraftGuidelinesRighttoParticipationPublicAffairs.aspx.
Council resolution 39/11, preamble and para. 1.
Respondents mentioned that civil society has expertise in a wide range of areas, including in policy,
technology and innovation, human rights standards and local contexts. See the submissions by
Transparency International and Amnesty International; see also A/HRC/38/18.
See the submissions by Amnesty International, Conectas Direitos Humanos and Transparency
International.
See the submission by Transparency International.
See the submissions by Amnesty International, Samarthanam Trust and Transparency International.
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