II. NATIONAL CONSULTATIONS AS A HUMAN RIGHTS LEGAL REQUIREMENT There is a requirement for national consultations under international human rights law. The International Covenant on Civil and Political Rights, in article 25, guarantees the right of every citizen to take part in the conduct of public affairs. The treaty body that monitors the Covenant’s implementation, the Human Rights Committee, has stated that, “the conduct of public affairs [...] is a broad concept which relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels.”6 The Committee has also made it clear that citizens are entitled to be consulted on the design and implementation of transitional justice programmes. In 2006, it recommended to the Central African Republic that it should “act swiftly to implement the recommendations of the ‘national dialogue’ on the establishment of a truth and reconciliation commission.”7 The right to be consulted can also be identified under the terms of a number of other human rights treaties. For instance, the Convention on the Rights of the Child, in article 12 (1), states that “States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.” The entitlement of affected communities to be consulted in the design of transitional justice approaches is reinforced by the provisions of the Updated Set of principles for the protection and promotion of human rights through action to combat impunity. Principle 35 stipulates that “institutional reforms aimed at preventing a recurrence of violations should be developed through a process of broad public consultations, including the participation of victims and other sectors of civil society.”8 To enjoy the right to be consulted, a wide range of related human rights need to be implemented, such as freedom of expression, assembly and association. The Human Rights Committee has recalled that, “in order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. It requires the full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including freedom to engage in political activity individually or through political parties and other organizations, freedom to debate public affairs, to hold peaceful demonstra- 6 General comment No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service (art. 25), para. 5. 7 CCPR/C/CAF/CO/2, para. 8. 8 E/CN.4/2005/102/Add.1. 4