G. The right to participate in public affairs
216. As pointed out by the UN Human Rights Committee, the right to participate in
the government and in the conduct of public affairs as set out in Article 25 of the
ICCPR does not only include the right to vote and be elected, but also the right to
take part in the conduct of public affairs by exerting influence through engaging in
public debate and dialogue with freely chosen representatives.314 The right to take
part in the conduct of public affairs is also enshrined in Article 23 of the ACHR,
while Article 15 of the FCNM stipulates that the parties to the treaty “shall create the conditions necessary for the effective participation of persons belonging
to national minorities in cultural, social and economic life and in public affairs, in
particular those affecting them.”
217. The UN Declaration on Human Rights Defenders acknowledges the valuable work
of individuals and associations in contributing to the effective elimination of human
rights violations, and states that everyone has the right, individually or in association with others, to disseminate information and knowledge on all human rights
issues, to hold and form opinions on the observance, both in law and practice, of
human rights and fundamental freedoms and to draw public attention to those
matters (Article 6). It further declares that everyone has the right to develop, discuss and advocate new human rights ideas and principles (Article 7) and to have
effective access, on a non-discriminatory basis, to participating in the government
of his or her country and in the conduct of public affairs (Article 8).
218. Such public engagement of individuals and associations, including NGOs, is “of
paramount importance and represents a crucial element of a healthy civil society.”315 Reaffirming the vital role that NGOs, groups and individuals play in promoting democracy, human rights and the rule of law as set out in a number of
OSCE commitments,316 OSCE participating States have committed to the aim of
“strengthening modalities for contact and exchanges of views between NGOs and
relevant national authorities and governmental institutions”.317
219. Nevertheless, in many participating States, human rights defenders continue to
face impediments to the full realization of their right to participate in the conduct
of public affairs. In practice, the contributions made by human rights defenders
and NGOs towards strengthening development and democratic processes are often
neglected or underestimated. Furthermore, some participating States impose
314 UN Human Rights Committee General Comment 25, UN Doc. CCPR/C/21/Rev.1/ Add.7, 12 July 1996,
para. 8.
315 Venice Commission and OSCE/ODIHR “Joint Interim Opinion on the Draft Law amending the Law on
Non-Commercial Organisations and other Legislative Acts of the Kyrgyz Republic”, CDL-AD(2013)030, 11-12
October 2013, para. 15.
316 See, for example, Paris 1990, “A New Era of Democracy, Peace and Unity”; the Helsinki Document, The
Challenges of Change, Summit of Heads of State or Government (Helsinki 1992), “Decisions: IV. Relations with
International Organizations, Relations with Non-Participating States, Role of Non-Governmental Organizations (NGOs)”, para. 1; Istanbul 1999, “Charter for European Security: III. Our Common Response”, para. 27.
317
100
Moscow 1991, para. (43.1).
Guidelines on the Protection of Human Rights Defenders
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