Annex Summary I. National consultations: what they are and why they matter • A comprehensive process of national consultations is a crucial element of the human rights-based approach to transitional justice, as the United Nations has frequently emphasized. • People who have been affected by past oppression or conflict need to be able to freely express their views, in a secure environment, so that the transitional justice programmes can identify and take account of their experiences, as well as of their needs and entitlements. A careful process of consultations will also ensure that there is a strong sense of local ownership of and promote stakeholder participation in the transitional justice programme. Moreover, consultations can benefit the design of specific aspects of transitional justice programmes, reignite stalled or slow-moving peace processes and trigger important debates in the community. • National consultations need to be distinguished from outreach activities. They are not one-way information or public relations exercises, but instead are a form of profound and respectful dialogue whereby the consulted parties are able to freely express themselves with a view to shaping or enhancing the design of transitional justice programmes. Consultations should also be distinguished from the discussions and debates that occur as a substantive part of a transitional justice programme. II. National consultations as a human rights legal requirement • The right to be consulted can be identified in a number of human rights instruments. It is covered by article 25 of the International Covenant on Civil and Political Rights, guaranteeing the right of every citizen to take part in the conduct of public affairs, article 12 of the Convention on the Rights of the Child, regarding respect for the views of a child, and principle 35 of the Updated Set of principles for the protection and promotion of human rights through action to combat impunity. • 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 design and implementation of transitional justice processes must respect and promote the fundamental dignity of every human being, based on the principles of equality and non-discrimination on the grounds of race, colour, gender, language, religion, opinion, national or social origin, property, birth or other status. 29