27/59 Progress report of the Advisory Committee on the role of local government in the promotion and protection of human rights, including human rights mainstreaming in local administration and public services
Document Type: Final Report
Date: 2014 Sep
Session: 27th Regular Session (2014 Sep)
Agenda Item:
GE.14-15562 (E)
Human Rights Council Twenty-seventh session
Agenda items 3 and 5
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Human rights bodies and mechanisms
Progress report of the Advisory Committee on the role of local government in the promotion and protection of human rights, including human rights mainstreaming in local administration and public services*
* Late submission.
Contents
Paragraphs Page
I. Introduction ............................................................................................................. 1–5 3
II. Definition of local government ............................................................................... 6–12 3
III. Legal and regulatory framework of local government ............................................ 13–22 4
IV. Role of different tiers of government in the implementation
of international human rights obligations of the State ............................................. 23–29 6
V. Role of local government in respecting, protecting and fulfilling human rights ..... 30–37 8
VI. Human rights city: conceptual framework and guiding principles .......................... 38–47 11
VII. Human rights mechanisms at the local level ........................................................... 48–51 14
VIII. Role of civil society in the planning and implementation of activities
for the protection and promotion of human rights at the local level ........................ 52–55 15
IX. Best practices ......................................................................................................... 56–59 15
X. Additional elements to be included in the final report ............................................ 60 17
I. Introduction
1. In August 2012, the Advisory Committee submitted to the Human Rights Council
for its consideration and approval a research proposal on local government and human
rights (A/HRC/AC/9/6).
2. On 20 September 2013 the Council adopted its resolution 24/2 in which it took note
of the above-mentioned research proposal and requested the Advisory Committee to
prepare a research-based report on the role of local government in the promotion and
protection of human rights, including human rights mainstreaming in local administration
and public services, with a view to compiling best practices and main challenges, and to
present a progress report on the requested research-based report to the Council at its
twenty-seventh session, for its consideration.
3. The Advisory Committee was also requested to seek the views and inputs of
Member States, relevant international and regional organizations, the Office of the United
Nations High Commissioner for Human Rights and relevant special procedures, as well as
national human rights institutions and non-governmental organizations, in order to prepare
the above-mentioned research-based report.
4. During its twelfth session held from 24 to 28 February 2014, the Advisory
Committee established a drafting group tasked with the preparation of the said report and
designated the following members of the Committee as members thereof: Mr. Coriolano,
Ms. Elsadda, Mr. Hüseynov (Rapporteur), Ms. Reyes Prado, Mr. Seetulsingh
(Chairperson), and Mr. Yigezu.
5. At the same session of the Advisory Committee, the drafting group developed a
questionnaire, in accordance with Council resolution 24/2, which was disseminated to
various stakeholders. As at 4 August 2014, a total of 67 responses had been received: 22
from States, 20 from national human rights institutions, 9 from non-governmental
organizations, 12 from local authorities and 4 from international or regional organizations.
II. Definition of local government
6. Local government is commonly defined as the lower tier of public administration
within a given State. In unitary States, local government usually comprises the second or
third tier of government, whereas in federal States, it is constituted as the third or
sometimes fourth tier of government. The organization and functioning of local government
vary considerably between countries. Different names are used for local government
entities in different countries (county, prefecture, district, city, town, borough, parish,
municipality, village, etc.). Local governments exist geographically both in urban and rural
settings.
7. Local governments perform three main roles: they promote sustainable and
successful development of their territory, in the interests of their citizens; they organize,
commission, finance and deliver essential public services, both universal and targeted to
those most in need; and they act as the democratic voice and advocate for their
communities.1
1 See Council of Europe, European Charter of Local Self-Government and Explanatory Report
(Strasbourg, 2010). Available from
www.ccre.org/img/uploads/piecesjointe/filename/charter_sgi_EN.pdf.
8. Local government aims at bringing government to the grass-roots and enabling
citizens to participate effectively in the making of decisions affecting their daily lives. As
the level closest to the citizens, local government is in a much better position than central
government to deal with matters that require local knowledge and regulation on the basis of
local needs and priorities.
9. Local governments possess certain powers conferred upon them by legislation or the
directives of the higher levels of government. Those powers consist, in substance, in
regulating and managing certain public affairs and delivering certain public services. The
extent of the powers of local government should always be analysed in the context of
relations between local authorities and central government or regional authorities (in federal
States). One of the important features of local government is that it has a specific,
subordinate regulatory power for the exercise of its functions which is, however, subject to
compliance with the law.
10. Although in some countries “local government” and “local self-government” are
used interchangeably, given the fact that local government has different forms in different
countries, these two concepts should be differentiated. Local public administration can be
exercised not only by local self-government entities (e.g. municipalities), but also by local
units of State administration; the former are directly elected by the local population and
enjoy wide-ranging autonomy, whereas the latter act as agents of the higher authorities and
their officials are appointed by and responsible to those authorities. Local self-government
is based on the principle of decentralization, and local State administration is based on the
principle of deconcentration.
11. The degree of self-government enjoyed by local authorities can be regarded as a key
element of genuine democracy. In that regard, political, fiscal and administrative
decentralization is essential for localizing democracy and human rights. It should be borne
in mind that democracy is not possible without respect for human rights and no human
rights can be achieved without democracy.
12. The role of local authorities should not be limited to mere executors of decisions
taken and policies developed without them. On the other hand, local independence should
have certain limits clearly prescribed by law, and mechanisms ought to be available for
supervising the legality of local authorities’ activities.
III. Legal and regulatory framework of local government
13. To ensure effective local governance and adequate implementation of human rights
at the local level, it is important to have a proper legal framework for local government.
The organization, powers and functions should be clearly prescribed by law. Further,
national legislation should delineate clearly the responsibilities and powers of central and
local government authorities in relation to one another.
14. Local government should preferably be recognized in the national constitution;
indeed in a number of countries, the constitutions specifically protect local government
autonomy. It should be underlined that constitutional protection provides the greatest
guarantee of stability. A specific law on local government passed by national parliament is
the next best solution in that regard. In a few countries, legal safeguards are in place to
maintain the stability of laws governing local government. In Hungary, for example, the
Law on Local Authorities can be adopted or amended only by a two-thirds majority of the
parliamentarians present. The same applies to any legislation restricting the rights
associated with local self-government.
15. It is noteworthy that the principles of subsidiarity, decentralization and
accountability are explicitly envisaged in a number of countries as main principles of local
government. Furthermore, the respective laws provide for the right of local authorities to
have recourse to a judicial remedy in order to ensure respect for such principles.
16. International law does not, in principle, concern itself with the internal territorial
structure of the State. The relationship between a State and its local government is generally
considered as an internal matter. In other words, it is a sovereign right of States to organize
their local governments in accordance with their domestic legislation and to freely
determine whether local governments are elected or appointed, and whether they can
function independently or only with express approval from higher authorities, and which
public services are to be provided by local government.
17. Nevertheless, certain rules and regulations have been developed, both at the
international and national level, that directly relate to local government. It should be
stressed that very few such rules are legally binding. Particular mention should be made of
the European Charter on Local Self-Government, a regional treaty adopted in 1985 within
the framework of the Council of Europe. The Charter, which has been ratified by all the 47
member States of the Council of Europe, is the first international legally binding instrument
that guarantees the rights of communities and their elected authorities. It lays down
common European standards to protect the rights of local self-government authorities.
18. Another legally binding instrument is the African Charter on Democracy, Elections
and Governance2 which was adopted by the African Union in January 2007. The Charter
contains some provisions concerning local government. In particular, it obliges State parties
to “decentralize power to democratically elected local authorities as provided in national
laws” (art. 34). The Charter further stipulates that “given the enduring and vital role of
traditional authorities, particularly in rural communities, the State Parties shall strive to find
appropriate ways and means to increase their integration and effectiveness within the larger
democratic system” (art. 35).
19. A number of instruments have been adopted under the auspices of the Council of
Europe that are aimed at safeguarding local authorities’ rights, among them: the European
Outline Convention on Transfrontier Co-operation between Territorial Communities or
Authorities (1980 and the three protocols thereto);3 the European Code of conduct for the
political integrity of local and regional elected representatives (1999);4 the European
Landscape Convention (2000);5 the European Urban Charter I (1992);6 the European Urban
Charter II — Manifesto for a new urbanity (2008);7 and the Additional Protocol to the
European Charter of Local Self-Government on the right to participate in the affairs of a
local authority (2009).8 Reference should also be made to the following recommendations
of the Council of Europe’s Committee of Ministers to member States that contain important
principles and norms relating to competences, financial resources and capacity of local
authorities: recommendation Rec(1998)12 on supervision of local authorities’ action;
recommendation Rec(2004)12 on the processes of reform of boundaries and/or structure of
local and regional authorities; recommendation Rec(2005)1 on the financial resources of
2 Available from www.au.int/en/content/african-charter-democracy-elections-and-governance.
3 Available from www.coe.int/t/congress/texts/conventions/conventions_en.asp?mytabsmenu=6.
4 Ibid.
5 Available from http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=176&CL=ENG.
6 Available from https://wcd.coe.int/ViewDoc.jsp?id=887405.
7 Available from https://wcd.coe.int/ViewDoc.jsp?id=1302971.
8 Available from
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=207&CM=1&CL=ENG.
local and regional authorities; recommendation Rec(2001)19 on the participation of citizens
in public local life; and recommendation Rec(2004)1 on financial and budgetary
management at local and regional levels.9
20. Two sets of guidelines approved by the Governing Council of the United Nations
Human Settlement Programme (UN-HABITAT) in 2007 and 2009, namely guidelines on
decentralization and strengthening of local authorities, and guidelines on access to basic
services for all,10 should be considered as important contributions to the international
standard-setting process in the field of local government. By approving those documents,
States Members of the United Nations committed themselves to the promotion of
decentralization and strengthening of local authorities, as well as access to basic services
for all.
21. The existing regulatory framework for local government also includes rules and
guidelines that have been developed by the global and regional associations of local
government. Thus, the Council of European Municipalities and Regions, the largest
European association of local and regional governments that brings together the national
associations of local and regional authorities from 41 European countries, has drawn up a
number of normative documents, among them: the European Charter of Municipal Liberties
(1953);11 the European Charter for Equality of Women and Men in Local Life (2006);12 the
European Charter on Local and Regional Services of General Interest (2009).13
22. United Cities and Local Governments, the largest local government organization in
the world, founded in 2004, has greatly contributed to establishing a global normative
framework for local government, particularly for cities. Special mention should be made of
such important documents as the World Charter for the Right to the City (2005) and the
Global Charter-Agenda for Human Rights in the City (2010).14
IV. Role of different tiers of government in the implementation of international human rights obligations of the State
23. As a matter of international law, the State is one single entity, regardless of its
unitary or federal nature and internal administrative division. In that regard, only the State
as a whole is bound by obligations stemming from international treaties to which it is a
party. Thus, by becoming a party to an international human rights treaty, a State assumes
obligations to respect, to protect, and to fulfil human rights. More specifically, only States
are obliged to submit reports as required by the respective universal and regional human
rights treaties and only States can be the subject of individual or inter-State complaints
under certain of such treaties. Furthermore, a State appearing before an international human
rights complaints mechanism cannot defend itself by claiming that the alleged violation was
committed by a local authority.
24. It should also be emphasized that, under general international law, a State, as
represented by the central government, is responsible for all acts of all its organs and
agents.15 It is commonly recognized that “the conduct of any State organ shall be
9 Available from www.coe.int/T/CM/adoptedTexts_en.asp.
10 Available from http://unhabitat.org/?wpdmact=process&did=NjkxLmhvdGxpbms=.
11 Available from www.ccre.org/docs/charter_municipal_liberties.pdf.
12 Available from www.ccre.org/docs/charte_egalite_en.pdf.
13 Available from www.ccre.org/docs/charter_sgi_en.pdf.
14 See section VI of the present report.
15 In that respect, a reference could be made, mutatis mutandis, to article 50 of the International
considered an act of that State under international law, whether the organ exercises
legislative, executive, judicial or any other functions, whatever position it holds in the
organization of the State, and whatever its character as an organ of the central government
or of a territorial unit of the State”.16 In paragraph 4 of its general comment No. 31 (2004)
on the nature of general legal obligations imposed on States Parties to the Covenant, the
Human Rights Committee made it clear that all public or governmental authorities, at
whatever level — national, regional or local — are in a position to engage the responsibility
of the State party. Similarly, in paragraph 42 of its general comment No. 16 (2005) on the
equal right of men and women to the enjoyment of all economic, social and cultural rights,
the Committee on Economic, Social and Cultural Rights emphasized that violations of the
rights contained in the Covenant can occur through the direct action of, failure to act or
omission by States parties, or through their institutions or agencies at the national and local
levels. It should be noted that the conduct of certain institutions exercising public powers is
attributed to the State even if those institutions are regarded in internal law as autonomous
and independent of the executive government.17
25. Illegal acts of any public authority, including local government, are attributable to
the State even if they are ultra vires or contravene the domestic laws and instructions.18
That flows directly from the principle contained in article 27 of the Vienna Convention on
the Law of Treaties, according to which a State party may not invoke the provisions of its
internal law as justification for its failure to perform a treaty.
26. It is the central government which has the primary responsibility for the
implementation of international human rights obligations of the State, while local
government has a complementary role to play. Upon ratifying an international human rights
treaty, the State may delegate implementation thereof to lower tiers of government,
including local authorities. In that respect, the central government might need to take
measures at the local level, in particular, to establish procedures and controls in order to
ensure that the State’s human rights obligations are implemented. Local authorities are
obliged to comply, within their local competences, with their duties stemming from the
international human rights obligations of the State. Representatives of local authorities
should be involved in the drafting of national human rights strategies and policies. Local
authorities are actually those who are to translate such policies into practical application. In
decentralized States, local government can play a more proactive and autonomous role in
the promotion and protection of human rights. Institutionalized cooperation on human
rights between the central and local governments could have a positive impact on the level
of implementation of the international human rights obligations of the State.
27. To comply with their human rights responsibilities, local authorities should have
necessary powers and financial resources. Adequate implementation of human rights,
particularly economic, social and cultural rights, by local authorities require financial
resources which are not available everywhere; that should be taken into consideration both
at the national and international level. It should be particularly emphasized that whatever
Covenant on Civil and Political Rights, according to which the provisions of the Covenant “shall
extend to all parts of federal States without any limitations or exceptions”.
16 General Assembly resolution 56/83, entitled “Responsibility of States for internationally wrongful
acts”, annex.
17 Commentaries to the draft articles on responsibility of States for internationally wrongful acts adopted
by the International Law Commission at its fifty-third session (2001), Official Records of the General
Assembly, Fifty-sixth session, Supplement No. 10 (A/56/10), chap. IV.E.2, p. 82.
18 Article 7 of the annex to General Assembly resolution 56/83 (see note 16 above).
powers are conferred upon local authorities, they would not be effective if no financial
resources are available to carry them out.19
28. The principle of shared responsibility of different tiers of government for the
protection and promotion of human rights has been on several occasions underlined by the
human rights treaty bodies and special procedures. Thus, in paragraph 12 of its general
comment No. 4 (1991) on the right to adequate housing, the Committee on Economic,
Social and Cultural Rights noted that States parties to the International Covenant on
Economic, Social and Cultural Rights should take steps “to ensure coordination between
ministries and regional and local authorities in order to reconcile related policies
(economics, agriculture, environment, energy, etc.) with the obligations under article 11 of
the Covenant”. The Special Rapporteur on violence against women, its causes and
consequences, when visiting Italy in 2012, did not only speak to representatives of the
national government and various non-governmental organizations, but also visited Rome,
Milan, Bologna and Naples, and in her subsequent report (A/HRC/20/16/Add.2) explicitly
referred to the importance of local political will to address violence against women. In one
of its judgments, the European Court of Human Rights stated that “the authorities of a
territorial entity of the State are public-law institutions which perform the functions
assigned to them by the Constitution and the law. In that connection, the Court reiterates
that “in international law the expression ‘governmental organisation’ cannot be held to refer
only to the government or the central organs of the State. Where powers are distributed
along decentralised lines, it refers to any national authority exercising public functions”.20
29. In the context of monitoring of the domestic implementation of international human
rights commitments, the relevant United Nations mechanisms could be encouraged to
engage in a dialogue with local governments as well. Local authorities should be involved
in the universal periodic review in respect of their Government; that would improve the
quality of the follow-up to the accepted recommendations. Recommendations made during
the universal periodic review and the concluding observations of the treaty bodies should be
disseminated by central government to the local authorities. A reference should also be
made to the harmonized guidelines on reporting to the treaty bodies (HRI/MC/2005/3) in
which the reporting States are encouraged to make sure that governmental departments at
the central, regional and local levels and, where appropriate, at the federal and provincial
levels, participate in the preparation of periodic reports (ibid., para. 50).
V. Role of local government in respecting, protecting and fulfilling human rights
30. The legislation of a number of countries — in some cases, at the constitutional level
— explicitly requires local government to respect human rights (e.g. Australia, Côte
d’Ivoire, Morocco and Slovenia). In some other countries, the respective constitutional
requirement applies to all public powers (e.g. Austria, Azerbaijan, Bosnia and Herzegovina,
Germany, Kenya, Lithuania, Malaysia, South Sudan, Spain and Togo). In Luxembourg, the
powers of the communes must be exercised in accordance with the law which means that
19 The European Charter on Local Self-Government (see note 1 above) provides that local authorities
“shall be entitled, within national economic policy, to adequate financial resources of their own, of
which they may dispose freely within the framework of their powers”, and that their resources “shall
be commensurate with the responsibilities provided for by the constitution and the law” (art. 9, paras.
1 and 2).
20 Assanidze v. Georgia, application No. 71503/01, judgment of 8 April 2004. Available from
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-61875.
they are obliged to observe human rights guaranteed by the law. In some countries, the duty
of local government to observe human rights is limited in the law to specific rights or
principles. For instance, the Local Self-Government Act of Serbia stipulates that
municipalities must ensure the promotion and protection of the rights of national minorities
and ethnic groups. In Ireland, the local government legislation does not specifically provide
for the promotion and protection of human rights, but in discharging their functions local
authorities are required to have regard to the need to promote social inclusion. Similarly,
the legislation on local governments in India does not specifically mention protection of
human rights among their responsibilities; however, the constitutionally mandated
municipal functions directly relate to core human rights, such as implementation of
initiatives for democratic inclusion, welfare measures and local justice system.
31. Having an explicit legal provision which obliges local government to protect and
promote human rights appears to be a preferable approach. Local authorities are thus made
aware of their human rights responsibilities, understanding that any failure to comply with
those responsibilities will entail their liability under national law as well as international
responsibility of the State as a whole. Further, such a provision imposes a clear obligation
on local authorities to apply a human rights-based approach to delivering public services
within their defined competences. Consequently, it may well encourage rights holders to
claim their rights vis-à-vis local authorities.
32. Local authorities are close to citizens’ everyday needs and they deal with human
right issues on an everyday basis. Therefore there exists a clear and strong connection
between human rights and local government. When performing their functions, local
authorities take decisions relating in particular to education, housing, health, the
environment and law and order, which are directly connected with the implementation of
human rights and which may enforce or weaken the possibilities of its inhabitants to enjoy
their human rights. Actually, it is difficult to imagine a situation of human rights being
realized where there are no local authorities to provide the necessary services. Local
officials are thus responsible for a wide range of human rights issues in their day-to-day
work. However, that work is rarely perceived as human rights implementation, either by the
authorities, or by the public. Consequently, human rights remain distant as a frame of
reference or analysis in most policies and practices at the local level, while they may
actually be human rights in practice.21 In that regard, it should be borne in mind that the real
effect of human rights is experienced locally.
33. Human rights duties of local government may be classified in three main categories:
the duty to respect, the duty to protect and the duty to fulfil. The duty to respect means that
local officials must not violate human rights through their own actions. It requires local
government to refrain from interfering with the enjoyment of the rights and freedoms of all
persons within its jurisdiction. For example, in relation to the freedom of religion, local
government may not prohibit religious communities, beyond the permissible limitations,
from using public squares or municipal buildings for religious celebrations. Regarding the
right to health, local government may not deprive certain communities or groups of access
to health-care facilities. The duty to protect requires measures to ensure that third parties do
not violate the rights and freedoms of the individual. For example, local authorities are
required to take action to ensure that children are not prevented by others from attending
school. The duty to protect can necessitate creating safer urban environments that reduce
21 See Council of Europe, Congress of Local and Regional Authorities, Strasbourg, 25–27 March 2014,
twenty-sixth session, document CG(26)5FINAL, “Best practices of implementation of human rights
at local and regional level in member states of the Council of Europe and other countries (Rapporteur:
O. Molin), Resolution 365 (2014), Explanatory Memorandum”, paras. 8 and 14. Available from
www.coe.int/t/congress/texts/RESOLUTIONS_en.asp?mytabsmenu=6.
the risk of violence, for example against women. The duty to fulfil means that local
government must take positive action to facilitate the enjoyment of the rights and freedoms.
For example, local authorities are obliged to fulfil the right to education by sustaining a
good educational system. To comply with the duty to fulfil the right of individuals not to be
discriminated against, local human rights mechanisms such as ombudsmen or specialized
anti-discrimination agencies can be established.
34. Further, local authorities should promote the understanding of and respect for human
rights of all individuals within their jurisdiction through education and training. In
particular, local authorities should organize, on a systematic basis, human rights training for
their elected representatives and administrative staff and the dissemination of relevant
information among citizens about their rights. By promoting human rights, local authorities
can help build a culture of human rights in the community.
35. Local authorities should pay particular attention to the protection and promotion of
the rights of vulnerable and disadvantaged groups, such as persons with disabilities, ethnic
minorities, indigenous communities, victims of sexual discrimination, children and elderly
people. In that respect, the quality of the services that local governments provide such
groups “tests” the degree to which local governments in practice respect human rights.22
36. In a number of countries, efforts are made to mainstream human rights into local
authorities’ activities. Thus, measures are taken to foster participatory governance, to
conduct human rights-based audits and impact assessments, to reframe local concerns as
human rights issues, to establish procedures for verifying the compatibility of local policies
and regulations with human rights, to report on local compliance with human rights treaties,
to have a clear allotment in the municipal budget for the implementation of human rights, to
provide systematic human rights training to local civil servants, to raise public awareness of
human rights, etc. Drafting a local human rights charter (or, preferably, human rights
ordinance which makes the charter legally binding)23 setting out specific human rights
responsibilities that fall upon the local government can be regarded as another important
step towards localizing human rights. In that context, it is highly desirable that local
authorities have human rights offices with sufficient human and financial resources that
could fully take charge of human rights issues within the respective local competences.
37. The following are the key challenges faced by local government in the promotion
and protection of human rights: lack of political will, long-term vision/planning and/or
commitment; lack of autonomy, institutional capacity and/or resources; prevailing
centralistic and/or non-democratic regimes; political conflicts and tensions in the country;
the difficult economic situation in the country; non-recognition of the role and contributions
from civil society; lack of adequate coordination between central and local government;
and lack of understanding of human rights at the local government level.
22 International Council on Human Rights Policy, “Local Government and Human Rights: Doing Good
Service” (Versoix, Switzerland, 2005), p. 6. Available from
www.ichrp.org/files/reports/11/124_report.pdf.
23 Human rights ordinances adopted in several cities of the United States of America, beginning from
the San Francisco ordinance on the Convention on the Elimination of All Forms of Discrimination
against Women, could be specifically mentioned as they represent a good example of incorporation of
human rights into local policies and measures.
VI. Human rights city: conceptual framework and guiding principles
38. The idea of a “human rights city” is one of the globally developed initiatives aimed
at localizing human rights. It is based on the recognition of cities as key players in the
protection and protection of human rights and refers in general to a city whose local
government and local population are morally and legally governed by human rights
principles. The initiative derives from the idea that, for international human rights norms
and standards to be effective, all inhabitants of a city need to learn and understand human
rights as a framework for sustainable development of their local community. The concept
was launched in 1997 by the People’s Movement for Human Rights Education, a non-profit
international service organization.24 It was further developed, particularly as a normative
concept, by the World Human Rights Cities Forum that takes place annually in the city of
Gwangju (Republic of Korea).
39. The Gwangju Declaration on Human Rights City25 adopted on 17 May 2011 defines
human rights city as both a local community and socio-political process in a local context
where human rights play a key role as the fundamental values and guiding principles.26 A
human rights city requires a shared human rights governance in the local context where
local government, local parliament (council), civil society, private sector and other
stakeholders cooperate together to improve the quality of life for all people in the spirit of
partnership based on human rights standards and norms. A human rights approach to local
governance includes the principle of democracy, participation, responsible leadership,
transparency, accountability, non-discrimination, empowerment and rule of law. The
concept of a human rights city also emphasizes the importance to secure the broad
participation of all actors and stakeholders, in particular marginalized and vulnerable
groups, and the importance of effective and independent human rights protection and
monitoring mechanisms to which all people have recourse. It recognizes the importance of
inter-local and international cooperation and solidarity among cities engaged in the
promotion and protection of human rights.27
40. The following factors could be indicated as the main reasons that have led to the
emergence of “human rights cities”: (a) a shift from standard-setting to implementation,
especially at that level of government, i.e. local government, which is best placed to realize
human rights, in particular, economic and social rights; (b) the global trend, initiated in the
1980s, towards the decentralization of governmental powers — indeed, most countries in
the world have, over the past decades, transferred important powers to local authorities;
24 The Human Rights Cities Programme run by the People’s Movement for Human Rights Education
(PDHRE) includes the development of 30 human rights cities and the training of 500 young
community leaders at four regional learning institutions for human rights education.
25 Available from www.uclg-
cisdp.org/sites/default/files/Gwangju_Declaration_on_HR_City_final_edited_version_110524.pdf.
26 PDHRE defines a human rights city as a “city or a community where people of good will, in
government, in organizations and in institutions, try and let a human rights framework guide the
development of the life of the community” (see “Human Rights Learning and Human Rights Cities:
Achievements Report”, 2007; available from www.pdhre.org/achievements-HR-cities-mar-07.pdf). A
human rights city has also been defined as “a community, all of whose members – from ordinary
citizens and community activists to policy-makers and local officials – pursue a community-wide
dialogue and launch actions to improve the life and security of women, men and children based on
human rights norms and standards”. See Stephen P. Marks and Kathleen A. Modrowski with Walther
Lichem, Human Rights Cities: Civic Engagement for Social Development. (UN-Habitat-PDHRE,
2008), p. 45. Available from www.pdhre.org/Human_Rights_Cities_Book.pdf.
27 Gwangju Declaration on Human Rights City (see note 25 above).
(c) changes in global demographics: in 2008, for the first time in history, more than half of
the world lived in towns and cities, and the number is expected to rise to almost 5 billion
people in 2030. Cities hold a unique potential for human empowerment and for solving
social and environmental problems. At the same time, they face important challenges in the
field of social cohesion. With people from many different areas and backgrounds grouped
together who have often moved to the city in search of individual autonomy, citizens and
governments alike seek to identify a discourse that unites urban residents and forms a
common frame of reference in setting out the mutual expectations of the city and its
inhabitants.28
41. The Gwangju Guiding Principles for a Human Rights City adopted on 17 May
201429 at the Fourth World Human Rights Cities Forum contains the following principles
for a human rights city: the right to the city; non-discrimination and affirmative action;
social inclusion and cultural diversity; participatory democracy and accountable
governance; social justice, solidarity and sustainability; political leadership and
institutionalization; human rights mainstreaming; effective institutions and policy
coordination; human rights education and training; and right to remedy.
42. A number of cities throughout the world have officially declared themselves “human
rights cities”,30 and several international networks of cities have developed.
43. Other concepts have been developed, both in doctrine and practice, that essentially
pursue the same objective. One of them is “the right to the city” first articulated by the
French philosopher Henri Lefebvre;31 it refers mainly to the right of the inhabitants and
“users” of the city to participate in local public affairs and define the space of the city.32 So
far the concept of “the right to the city” has been limitedly institutionalized, examples being
the City Statute of Brazil (2001),33 the Montreal Charter of Rights and Responsibilities
(2006)34 and the Mexico City Charter for the Right to the City (2010).35 The latter identifies
six fundamental principles that are indispensable to promoting the right to the city: (a) the
full exercise of human rights in the city; (b) the social function of the city, of land and of
property; (c) the democratic management of the city; (d) democratic production of the city
and in the city; (e) the sustainable and responsible management of the commons (natural,
cultural heritage and energetic resources) of the city and its surroundings; and (f) the
democratic and equitable enjoyment of the city.
28 B. Oomen and M. Baumgärtel, “Human Rights Cities”, p. 4. Available from
http://mensenrechten.verdus.nl/upload/
documents/Oomen%20Baumgartel%20Human%20Rights%20Cities%20v2%20March%202013.pdf.
29 Available from www.uclg-aspac.org/uploads/Gwangju_Guiding_Principles_for_Human_Rights_
City_adopted_on_17_May_2014.pdf.
30 Among them: Rosario (Argentina), which was the first human rights city initiated in 1997; Bandung
(Indonesia); Barcelona (Spain); Bihac (Bosnia and Herzegovina); Bogota (Colombia); Bongo
(Ghana); Copenhagen (Denmark); Graz (Austria); Gwangju (Republic of Korea); Kaohsiung (Taiwan
Province of China); Kati (Mali); Korogocho (Kenya); Mexico city (Mexico); Mogale (South Africa);
Montreal (Canada); Nagpur (India); Porto Alegre (Brazil); Prince George County (United States);
Saint-Denis (France); Sakai (Japan); Thies (Senegal); Utrecht (the Netherlands); Victoria (Australia).
31 Henri Lefebvre, Le Droit à la ville (Paris, Éditions du Seuil, 1968).
32 The Habitat International Coalition and its Housing and Land Rights Network have worked over the
past decade to promote and develop the definition of “the right to the city”.
33 Available from www.ifrc.org/docs/idrl/945EN.pdf.
34 Available from http://ville.montreal.qc.ca/portal/page?_pageid=3036,3377687&_dad=portal&_
schema=PORTAL.
35 Available at: www.hic-net.org/articles.php?pid=3717.
44. The right to the city was specifically laid down in the World Charter for the Right to
the City (2005);36 a wide range of organizations and networks, including UNESCO and
UN-HABITAT, participated in the preparation of that important document. The Charter
defines the right to the city as the equitable use of cities according to principles of
sustainability, democracy, equity and social justice. It is a collective right of urban
inhabitants that confers upon them the legitimate right to action and organization, based on
respect of their differences, cultural expressions and practices, with the objective of
exercising their right to self-determination and attaining an adequate standard of living. The
right to the city is interdependent with other internationally recognized human rights,
including civil, political, economic, social, cultural and environmental rights as defined in
international human rights treaties. The Charter also claims as rights and corresponding
obligations certain values not yet enshrined explicitly in international treaty law. Those
include the social production of housing/habitat and the rights to “sustainable and equitable
urban development”. The Charter also asserts a right to transport and public mobility, as
well as a right to the environment.
45. The concept “the rights of the city” has emerged during the past decades as an
alternative to the withdrawal of central and state governments’ responsibilities and
resources in the globalized market. Many cities are increasingly subordinated to central
decision-making institutions, public budgets and investment, whereas municipalities have
to fend for themselves and/or compete over resources for development and services, often
without the authorities to levy revenues or participate effectively in decisions affecting
allocations. In such cases, local authorities face the prospect of resorting to the privatization
of public goods and services — with their typically harmful economic consequences for the
poor — and/or to seek fiscal support from the private financial market. The concept may
refer to the administrative, political and economic rights of the local governments in
relation to national/federal authorities, and to the presence and role of local authorities vis-
à-vis the international and multilateral institutions (the United Nations, the World Bank, the
International Monetary Fund, etc.).
46. The concept “the human rights in the city” developed mainly in the European
Charter for the Safeguarding of Human Rights in the City37 and Global Charter-Agenda for
Human Rights in the City38 implies: the commitment to respect, protect and fulfil all
internationally recognized human rights at the local level; the commitment to give priority
attention to marginalized groups and population living under vulnerable conditions; and the
commitment to mainstream a human rights approach to local policies (not just the
implementation of human rights programmes).
36 Available from http://portal.unesco.org and www.hic-net.org.
37 That important document is the result of the preparatory work initiated in Barcelona in 1998 in the
framework of the Conference “Cities for Human Rights”, which was organized to commemorate the
fiftieth anniversary of the Universal Declaration of Human Rights. Hundreds of mayors and political
representatives participated in the event and united their voices to call for a stronger political
acknowledgement as key actors in safeguarding human rights in a highly urbanized world. For more
details, see www.uclg-cisdp.org/en/right-to-the-city/european-charter#sthash.E5JeKdIt.dpuf.
38 The Charter was drafted by the United Cities and Local Governments Committee on Social Inclusion,
Participatory Democracy and Human Rights. It was discussed and approved by elected
representatives, experts and representatives of civil society from all over the world in 2011. The
added value of the Global Charter-Agenda for Human Rights in the City is that each human right
featured in the document is accompanied by an action plan that serves as reference for specific steps
for local governments to take. Signatory cities are invited to set up a local agenda with deadlines and
indicators in order to assess their efficiency in implementing those rights. Full text of the Charter is
available from www.cdp-hrc.uottawa.ca/uploads/Charter_Agenda_oct_2010_EN.pdf.
47. Apart from the cities that generally adopt human rights as a policy framework, there
are also many cities that opt for basing policies on one particular treaty, and — in doing so
— going further than the standards set nationally. One example is the way in which San
Francisco adopted the Convention on the Elimination of All Forms of Discrimination
against Women as a local ordinance in 1998. In adopting it, San Francisco agreed to be kept
to the Convention’s standards of human rights protection, and to establish a related task
force. Over the years, that task force has focused on conducting gender analyses and on
thematic areas such as violence against women, women in the workplace and girls. Another
example of cities focusing on one particular human rights issue is the International
Coalition of Cities against Racism, an initiative launched by the United Nations
Educational, Scientific and Cultural Organization (UNESCO) in March 2004 to establish a
network of cities interested in sharing experiences in order to improve their policies to fight
racism, discrimination, xenophobia and exclusion.39
VII. Human rights mechanisms at the local level
48. The protection of human rights requires independent human rights mechanisms.
Such mechanisms may take different forms in different communities, and there are several
examples that could serve as a model — local ombudspersons, consumer complaints
boards, patient injury boards, anti-discrimination agencies, etc. The competences and
structures of those mechanisms can be very diverse, but they must be seen as important
means of safeguarding human rights and handling citizens’ complaints in the first instance.
Importantly, the establishment of a local human rights mechanism gives visibility to the
role of local authorities in human rights protection. In order to effectively discharge their
functions, local authorities should be provided with sufficient human and financial
resources and be accessible to everyone within the respective locality.
49. The European Charter for the Safeguarding of Human Rights in the City adopted in
Saint-Denis in 2000 provides for the creation of ombudspersons as a prevention mechanism
and also as a means of upholding human rights at the local level. Ombudspersons monitor
local administrations to ensure they do not violate the rights and principles set down in the
Charter.
50. Only a few States have human rights protection mechanisms at the local level. Thus,
in Canada, ombudsperson offices are present in many local governments (e.g., in Montreal
and Toronto). In Switzerland, several cities have established ombudsperson offices. Those
offices are independent organs that mediate in case of conflicts between private individuals
and authorities. Even though they are not authorized to make binding decisions, only
recommendations, they have proven to be a successful means to resolve disputes. In the
Republic of Korea, several local governments have established human rights commissions.
In the Netherlands, complaints regarding human rights violations can be filed with the
national ombudsperson or with the complaint mechanism of a municipality. In Denmark,
the Copenhagen Citizens’ Counsellor was the country’s first citizen counselling institution
established by the Municipal Council to create an independent ombudsman function in
Copenhagen. Today 21 municipalities have a citizen counselling institution. Municipalities
in Norway have ombudspersons for certain administrative areas. In Bosnia and
Herzegovina, a number of local governments have established a human rights commission
which acts as an advisory body to municipal councils, although it is not a true mechanism
for the protection of human rights.
39 See note 25 above.
51. In a number of countries (e.g., Azerbaijan, Ireland and Slovenia), the national
ombudsperson office is empowered to investigate complaints not only against State
agencies but also local self-government authorities.
VIII. Role of civil society in the planning and implementation of activities for the protection and promotion of human rights at the local level
52. Civil society should actively be involved in human rights planning and
implementation at the local level. It can pressurize local authorities in adopting a human
rights-based approach and making them more engaged. It also has an important monitoring
role and can provide independent information and assessment of local government
performance. Civil society organizations may also work directly with local government to
strengthen its human rights expertise and awareness. Outside large urban municipalities,
however, civil society is often weak and has little experience of monitoring or cooperating
with local government.40
53. Local public officials should keep up ongoing dialogue with citizens and with civil
society. There have to be well-developed channels for such communication and
collaboration.
54. Measures should be taken, both nationally and internationally, to strengthen civil
society capacity to monitor and engage with local government. International city networks
such as United Cities and Local Governments can play a key role in developing toolkits,
foster research, provide opportunities for peer-to-peer learning and create communities for
action.
55. Analysis of the responses received to the questionnaire shows that civil society plays
an important role in boosting local action in the field of human rights in the respective
countries. In Hungary, for example, non-governmental organizations can participate in the
planning and the implementation phase of regulations and programmes of the
municipalities, in accordance with the law. In Burundi, civil society participates actively in
the training on human rights for the creation of programmes of information and awareness-
raising. In India, civil society representatives have been contributing to strengthening the
roles of local governments in effectively addressing rights of marginalized citizens at local
level. In Switzerland, organizations are free to bring forth different projects, for example
against racism. In Luxembourg, the National Council for Foreigners is an example of the
participation of civil society in the promotion and protection of human rights. The Council
is composed of civil society representatives and is a consultative body that studies the
situations of foreigners and their integration. It gives recommendations on government
projects and recommends policies. Nevertheless, it should also be noted that in some
countries civil society does not have any role in protecting human rights at the local level.
IX. Best practices
56. Some of the responses received to the questionnaire contain information on best
practices with regard to the role of local government in the promotion and protection of
human rights. The present section of the report attempts to analyse said information. It
should be underlined that many other initiatives have been launched in different countries
40 International Council on Human Rights Policy, “Local Government and Human Rights”, p. 76.
aimed at ensuring local implementation of human rights. The best practices illustrated
below can be divided into two categories: (a) practices relating to human rights in general,
i.e., mainstreaming human rights into local authorities’ activities; and (b) those relating to
specific human rights or human rights of specific groups.
57. For instance, in Australia, all government services, including local government, are
required to operate according to a code of conduct that includes “recognition of human
rights”. The Australian Local Government Association and the National Human Rights
Commission work in cooperation to operationalize human rights locally. Further, the
Victorian Equal Opportunity and Human Rights Commission facilitates local government
forums, and has developed a toolkit for local government. The latter commission reviews
local government programmes and practices on request to ensure they are compatible with
the Victorian Charter of Human Rights and Responsibilities and provide training to local
councils.
In the United States of America, human rights mainstreaming in local
administration is taking place through initiatives such as “Bringing Human Rights Home:
how state and local governments can use human rights to advance local policy”. In an
inclusive approach to development that gives equal chances to citizens, Burundi maintains a
policy of integrating the new national policy on human rights into the plans of local
administration. In Hungary, a priority goal is to monitor implementation of the
recommendations made to Hungary under the universal periodic review, which can and will
be done via local government. In Colombia, through its programme “Medellin Protects
Human Rights”, the City Council seeks to guarantee for the city integral protection,
acknowledgement, restoration and reparation of human rights. The organs empowered for
the implementation of those goals are the Sub-Secretariat of Human Rights, which is
composed of three units, including a Human Rights Unit.
58. A number of initiatives are building local governments’ capacity on human rights.
Burundi has targeted the police for human rights training. Mexico conducts sessions for
civil servants on the new constitutional principles, including human rights. Georgia focuses
capacity-building on citizens directly, rather than local governments. In Switzerland, best
practices include the activities of the Swiss Centre of Expertise in Human Rights aimed at
raising awareness on human rights issues, such as racism; three examples of best practices
on racism include actions to inform, train and raise the public’s awareness in different
regions.
59. In Luxembourg, many best practices apply to the integration of foreigners into
society and promoting multilinguism and multiculturalism. For example, an office for
welcoming and integrating foreign nationals in Luxembourg has been created to facilitate
the integration process and is supported by the national, local authorities and civil society.
In Hungary, local governments are required to analyse the conditions of disadvantaged
groups in their area and promote equal opportunities for them. The Alliance for Democracy
and Tolerance — against Extremism and Violence focuses on transferring successful
projects and possible solutions from municipality to municipality across regions of
Germany. In Slovenia, the Local Government Act defines the rights of national minorities
and the Roma population to have formal representation in municipal councils, and other
municipalities might establish municipal bodies to deal with human rights issues. A
programme there for solving settlement issues of Roma population is managed by the State
and financially supported by the State budget. Furthermore, local governments in Slovenia
must ensure and work towards gender mainstreaming. In April 1998, in the United States,
San Francisco became the first municipality in the world to adopt a local ordinance
reflecting the principles of the Convention on the Elimination of All Forms of
Discrimination against Women. The Commission on the Status of Women was designated
as the implementing and monitoring agency for the Convention in San Francisco.
X. Additional elements to be included in the final report
60. The present paper contains a preliminary analysis of the issues relating to the role of
local government in the promotion and protection of human rights. The Committee has
therefore recommended to the Human Rights Council to request it to submit a final report
to the Council at its thirtieth session (see Advisory Committee action 13/4). It is envisaged
that this final report would further elaborate on some of the issues, including the main
challenges faced by local government in the protection and promotion of human rights, the
operationalization of the concept of a “human rights city”, as well as best practices on
ensuring local implementation of human rights and relevant international and regional
initiatives.