RES/33/22 Equal participation in political and public affairs

GE.16-17301(E)

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Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 30 September 2016

33/22. 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 all 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 and 30/9 of 1

October 2015, 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, and 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, and for the realization of all human rights and fundamental

freedoms,

United Nations A/HRC/RES/33/22

General Assembly

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, the rule of law, 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, and inclusive

economic empowerment, are among the essential conditions for equal participation in

political and public affairs and must be promoted and protected,

Welcoming the adoption of the 2030 Agenda for Sustainable Development,1 which

recognizes equal participation as a vital principle for achieving sustainable development,

eradicating poverty and the realization of all human rights,

Recognizing 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,

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, such as discrimination, including multiple and intersecting forms

of 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. Welcomes the expert workshop on existing guidance on the implementation

of the right to participate in public affairs, and on challenges, gaps, opportunities, new

developments, trends and innovations with respect to full, effective and equal participation

in political and public affairs, organized by the Office of the United Nations High

Commissioner for Human Rights and held on 18 May 2016, and the summary report

thereon,2 and the efforts and initiatives at all levels aimed at facilitating, in law and in

practice, full and effective participation in political and public affairs;

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

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

1 General Assembly resolution 70/1.

2 A/HRC/33/25.

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

commitments and working to implement accepted universal periodic review

recommendations 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 to 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 accessible 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, and sharing examples of good practices in the use

and wide accessibility of information and communications technology tools for the

enhancement of equal participation in political and public affairs;

(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 (the Paris Principles);

7. Calls upon States to implement the 2030 Agenda for Sustainable

Development, including Sustainable Development Goals 5 and 16, with the participation of

all stakeholders;

8. Requests the Office of the High Commissioner to prepare concise and action-

oriented draft guidelines as a set of orientations for States on the effective implementation

of the right to participate in public affairs, as set out in article 25 of the International

Covenant on Civil and Political Rights and as further elaborated on in other relevant

provisions under international human rights law, and to present the draft guidelines to the

Human Rights Council at its thirty-ninth session in order to allow the Council to take a

decision on the way forward;

9. Also requests the Office of the High Commissioner to facilitate open,

transparent and inclusive elaboration of the draft guidelines through consultations with

States and with the participation of relevant United Nations agencies, funds and

programmes, intergovernmental organizations, the Human Rights Committee and other

treaty bodies, special procedures, regional human rights mechanisms, national human rights

institutions, civil society organizations, academia and other relevant stakeholders, including

through informal consultations with States and other stakeholders at the regional level;

10. Invites the Office of the High Commissioner to consider examining in the

draft guidelines, inter alia:

(a) Basic principles underpinning the effective implementation of the right to

participate in public affairs;

(b) The effective implementation of all dimensions of the right to participate in

public affairs for all rights holders, without discrimination or distinction of any kind,

including at the national level, in all phases of the electoral process, between elections,

outside the political process in the conduct of public affairs, and in access to public service,

and on the participation of citizens, individually and in association with others, at the

supranational level, including within international organizations;

(c) Cooperation and assistance aimed at the effective implementation of the right

to participate in public affairs, including through electoral assistance and observation;

(d) Model standards advancing the effective implementation of the right to

participate in public affairs based on examples of best practices;

(e) Emerging and new forms of participation, in particular through new

information and communications technology and social media;

11. Requests the Office of the High Commissioner to provide an oral update to

the Human Rights Council at its thirty-sixth session, seeking the views of States on the

content and the preparation of the draft guidelines, including proposals on how effective

implementation of the right to participate in public affairs could be promoted further

through the United Nations system;

12. Decides to remain seized of the matter.

41st meeting

30 September 2016

[Adopted without a vote.]