Original HRC document

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Document Type: Final Resolution

Date: 2015 Oct

Session: 30th Regular Session (2015 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Topic: Governance, Democracy and Rule of Law, Discrimination

Human Rights Council Thirtieth session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 October 2015

30/9. Equal participation in political and public affairs

The Human Rights Council,

Guided by the Charter of the United Nations and the Universal Declaration of

Human Rights,

Recalling relevant international human rights treaties, in particular the International

Covenant on Civil and Political Rights and the International Covenant on Economic, Social

and Cultural Rights,

Recalling also all relevant General Assembly and Human Rights Council resolutions

on participation in political and public affairs, in particular Council resolutions 24/8 of 26

September 2013 on equal political participation, and 27/24 of 3 October 2014 on equal

participation in political and public affairs,

Reaffirming that every citizen shall have the right and the opportunity, without any

of the distinctions stipulated in the International Covenant on Civil and Political Rights and

without unreasonable restrictions, to take part in the conduct of public affairs, directly or

through freely chosen representatives, and to have access, on general terms of equality, to

public service in his or her country, as well as to vote and to be elected at genuine periodic

elections which shall be by universal and equal suffrage and held by secret ballot,

guaranteeing the free expression of the will of the electors, and reaffirming also that the

will of the people shall be the basis of the authority of government,

Reaffirming also that no distinctions are permitted among citizens in the enjoyment

of the right to participate in the conduct of public affairs on the grounds of race, colour, sex,

language, religion, political or other opinion, national or social origin, property, birth or

other status, or on the basis of disability,

Emphasizing the critical importance of equal and effective participation in political

and public affairs for democracy, the rule of law, social inclusion, economic development

and advancing gender equality, as well as for the realization of all human rights and

fundamental freedoms,

Reaffirming that the active participation of women, on equal terms with men, at all

levels of decision-making, is essential to the achievement of equality, inclusive economic

growth and sustainable development, peace and democracy,

Recognizing that the rights of everyone to freedom of expression, to peaceful

assembly, to freedom of association, to education, and access to information, as well as

inclusive economic empowerment, are among the essential conditions for equal

participation in political and public affairs and must be promoted and protected,

Recognizing also the need for further work on the full and effective implementation

of the right to participate in public affairs in the context of article 25 of the International

Covenant on Civil and Political Rights, including by identifying possible gaps in existing

guidance on the implementation of this right,

Recognizing further the need to intensify efforts to eliminate barriers in law and in

practice and to actively facilitate full and effective participation in political and public

affairs,

Welcoming the work of the Office of the United Nations High Commissioner for

Human Rights, the special procedures, the treaty bodies and other relevant human rights

mechanisms on identifying and addressing obstacles to the full implementation of the right

to participate in public affairs,

1. Expresses concern that, despite progress made towards the full

implementation of the right to participate in public affairs worldwide, many people

continue to face obstacles, including discrimination, in the enjoyment of their right to

participate in the public affairs of their countries as well as in the enjoyment of other human

rights that enable it;

2. Recognizes that women, persons belonging to marginalized groups or

minorities, and persons in vulnerable situations are among those who are most affected by

discrimination in participation in political and public affairs;

3. Reaffirms the obligation of States to take all appropriate measures to ensure

that every citizen has an effective right and opportunity to equal participation in public

affairs;

4. Notes the emergence of new forms of participation and grass-roots

engagement, in particular through new information and communications technology and

social media, and the challenges to established forms of political participation in some

States;

5. Notes with interest the study on promotion, protection and implementation of

the right to participate in public affairs in the context of existing human rights law prepared

by the Office of the United Nations High Commissioner for Human Rights,A/HRC/30/26. and welcomes

the contributions of States and other stakeholders to the study;

6. Invites States to consider best practices and experiences with respect to the

implementation of the right to participate in public affairs when fulfilling their human rights

obligations, and to share their best practices and experiences in this regard at the regional

and international levels, including when reporting to the United Nations human rights

system, in order to facilitate full, effective and equal participation in political and public

affairs;

7. Urges all States to ensure the full, effective and equal participation of all

citizens in political and public affairs, including by, inter alia:

(a) Complying fully with their international human rights law obligations and

commitments with regard to participation in political and public affairs, including by

reflecting them in their national legislative framework;

(b) Considering signing and ratifying or acceding to the International Covenant

on Civil and Political Rights and other core international human rights treaties;

(c) Taking all necessary measures to eliminate laws, regulations and practices

that discriminate, directly or indirectly, against citizens in their right to participate in public

affairs on the grounds of race, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status, or on the basis of disability;

(d) Taking proactive measures to eliminate all barriers in law and in practice that

prevent or hinder citizens, in particular women, persons belonging to marginalized groups

or minorities, persons with disabilities and persons in vulnerable situations, from

participating fully and effectively in political and public affairs, including, inter alia,

reviewing and repealing measures that unreasonably restrict the right to participate in

public affairs, and considering adopting, on the basis of reliable data on participation,

temporary special measures, including legislative acts, aimed at increasing the participation

of underrepresented groups in all aspects of political and public life;

(e) Taking appropriate measures to encourage publicly and promote the

importance of participation of all citizens in political and public affairs, in particular

women, persons belonging to marginalized groups or to minorities, and persons in

vulnerable situations, including by engaging them in designing, evaluating and reviewing

policies and legislation on participation in political and public affairs;

(f) Developing and disseminating information and educational materials on the

political process and relevant international human rights law provisions to facilitate equal

participation in political and public affairs;

(g) Taking steps to promote and protect the voting rights of all those entitled to

vote without any discrimination, including facilitation of voter registration and participation

and the provision of electoral information and voting papers in a range of accessible

formats and languages, as appropriate;

(h) Exploring new forms of participation and opportunities brought about by new

information and communications technology and social media as a means to improve and

widen, online and offline, the exercise of the right to participate in public affairs, and other

rights directly supporting and enabling it;

(i) Ensuring the rights of everyone to freedom of expression, peaceful assembly

and freedom of association, education and development, and facilitating equal and effective

access to information, media and communications technology in order to enable pluralistic

debates fostering inclusive and effective participation in political and public affairs;

(j) Creating a safe and enabling environment for human rights defenders and

civil society organizations, which together with other actors play a key role in the effective

promotion and protection of all human rights;

(k) Providing full and effective access to justice and redress mechanisms to those

citizens whose right to participate in public affairs has been violated, including by

developing effective, independent and pluralistic national human rights institutions, in

accordance with the principles relating to the status of national institutions for the

promotion and protection of human rights (Paris Principles);

8. Requests the Office of the High Commissioner:

(a) To organize, prior to the thirty-second session of the Human Rights Council,

an expert workshop to discuss the existing guidance on the implementation of the right to

participate in public affairs with the aim of identifying possible gaps and making

recommendations in this regard, as well as new developments, trends and innovations with

respect to full, effective and equal participation in political and public affairs;

(b) To invite States, relevant United Nations bodies, funds and programmes,

intergovernmental organizations, treaty bodies, special procedures, regional human rights

mechanisms, civil society organizations, academia, national human rights institutions and

other relevant stakeholders to participate actively in the workshop;

(c) To prepare a summary report on the above-mentioned workshop, including

any recommendations stemming therefrom, and to submit it to the Human Rights Council

at its thirty-third session;

9. Decides to remain seized of the matter.

41st meeting

1 October 2015

[Adopted without a vote.]