Condensed entry Participation in public affairs and decision-making entails the right of (1) every citizen (2) without discrimination, unless for the purpose of strengthening political participation of marginalized groups (3) to take part in the conduct of public affairs (a) directly or (b) through freely chosen representatives. The conduct of public affairs relates to the exercise of political power, in particular 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. The allocation of powers and the means by which individual citizens exercise the right to participate in the conduct of public affairs must be established by law. Conditions for participation must be based on objective and reasonable criteria, for example, a higher age for election or appointment to particular offices than for exercising the right to vote. Individuals do not have an unconditional right to choose the modalities of participation in the conduct of public affairs. Comprehensive entry Article 25(a) of the ICCPR provides: [1] Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions to take part in the conduct of public affairs, directly or through freely chosen representatives. Participation in public affairs and decision-making thus entails a right of (1) Every citizen without discrimination and without unreasonable restrictions (2) To take part in the conduct of public affairs (a) directly or (b) through freely chosen representatives Public affairs refer 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.’[2] It also includes constitutional conferences.[3] Article 25 of the ICCPR does not cover participation outside the context of ‘public political life’ such as participation in a private company's work-council.[4] The right to take part in the conduct of public affairs is guaranteed only to citizens of a state, the only provision of the ICCPR that limits the right to citizens. *Citizenship* should be defined by law for purposes of the right to vote, stand for elections and other modes of public participation.[5] No discrimination is permitted between citizens on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. According to the HRC: ‘Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalisation may raise questions of compatibility with article 25.’[6] Distinction between citizens may be made to strengthen political participation of marginalized groups.[7] (See *special measures for women, disadvantaged groups and persons with disabilities*). Conditions for participation must be based on ‘objective and reasonable criteria’.[8] Thus, it may be ‘reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote’.[9] Deprivation of political rights because of political opinions is prohibited.[10] Restrictions on political activity outside the only recognized political party amounts to an unreasonable restriction of the right to participate in the conduct of public affairs.[11] The exclusion of mentally ill persons from political participation by merely questioning the mental ability of mentally disabled persons to make informed choices in relation to their civic duties and obligations constitutes a violation of the right to participation.[12] Citizens participate directly in the conduct of public affairs as elected representatives, through referenda and ‘may participate directly by taking part in popular assemblies which have the power to make decisions about local issues or about the affairs of a particular community and in bodies established to represent citizens in consultation with government’.[13] Citizens also take part in the conduct of public affairs through public debate and dialogue with their representatives.[14] (See *consultation with communities about policies which directly affect them*). According to the HRC, ‘[i]t is for the legal and constitutional system of the State party to provide for the modalities of … participation.’[15] If States establish direct mode of participation, ‘no distinction should be made between citizens as regards their participation’[16] but individuals do not have the ‘unconditional right to choose the modalities of participation in the conduct of public affairs’.[17] Where citizens participate in the conduct of public affairs through freely chosen representatives, the representatives should in fact exercise governmental power and they should be accountable through the electoral process for the exercise of that power.[18] The representatives may exercise only those powers which are allocated to them in accordance with constitutional provisions. Participation through freely chosen representatives is exercised through voting processes established by law. (See *participation in free and periodic elections*, *vote*, *stand for election*).
The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides under article 2 that:
'Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life', and that, 'Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.'
Recognizing that minorities are frequently poorly represented in political structures and institutions at the national and local levels, the UN Forum on Minority issues, established by the Human Rights Council in 2007, considered the thematic subject of minorities and effective political participation in its annual session in 2009. The Forum produced a series of recommendations for States and other actors aimed at ensuring the meaningful and effective political representation and participation of minorities. (Add reference)
[1] See also art 21 UDHR; ICESCR art 13(1) (‘education shall enable all persons to participate effectively in a free society’); art 7 CEDAW; art 3 First Protocol to the ECHR (right to free elections); art 23 ACHR; Inter-American Democratic Charter (2001); article 13; African Charter on Democracy, Elections and Governance (2007).
[6] HRC General Comment 25 para 3. See also Castañeda Gutman v Mexico Series C no 184 (IACtHR 2008) para 145: ‘it is essential that the State create optimum conditions and mechanisms to ensure that political rights can be exercised effectively, respecting the principle of equality and non-discrimination.’
[7] See eg HRC Concluding Observations, Venezuela, CCPR/CO/71/VEN (2001) para 21; HRC Concluding Observations, Brazil, CCPR/C/BRA/CO/2 (2005) para 10; Concluding Observations, Croatia, CCPR/C/HRV/CO/2 (2009) para 18.
[8] HRC General Comment 25 para 4. Art 23(2) of the ACHR sets out that law may only limit the right to political participation ‘on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.’ To be allowed the conditions must be necessary in a democratic society, Castañeda Gutman v Mexico para 185.
Participation in public affairs and decision-making entails the right of (1) every citizen (2) without discrimination, unless for the purpose of strengthening political participation of marginalized groups (3) to take part in the conduct of public affairs (a) directly or (b) through freely chosen representatives. The conduct of public affairs relates to the exercise of political power, in particular 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. The allocation of powers and the means by which individual citizens exercise the right to participate in the conduct of public affairs must be established by law. Conditions for participation must be based on objective and reasonable criteria, for example, a higher age for election or appointment to particular offices than for exercising the right to vote. Individuals do not have an unconditional right to choose the modalities of participation in the conduct of public affairs.
Comprehensive entry
Article 25(a) of the ICCPR provides: [1]
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions to take part in the conduct of public affairs, directly or through freely chosen representatives.
Participation in public affairs and decision-making thus entails a right of
(1) Every citizen without discrimination and without unreasonable restrictions
(2) To take part in the conduct of public affairs (a) directly or (b) through freely chosen representatives
Public affairs refer 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.’[2] It also includes constitutional conferences.[3] Article 25 of the ICCPR does not cover participation outside the context of ‘public political life’ such as participation in a private company's work-council.[4]
The right to take part in the conduct of public affairs is guaranteed only to citizens of a state, the only provision of the ICCPR that limits the right to citizens. *Citizenship* should be defined by law for purposes of the right to vote, stand for elections and other modes of public participation.[5] No discrimination is permitted between citizens on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. According to the HRC: ‘Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalisation may raise questions of compatibility with article 25.’[6] Distinction between citizens may be made to strengthen political participation of marginalized groups.[7] (See *special measures for women, disadvantaged groups and persons with disabilities*).
Conditions for participation must be based on ‘objective and reasonable criteria’.[8] Thus, it may be ‘reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote’.[9] Deprivation of political rights because of political opinions is prohibited.[10] Restrictions on political activity outside the only recognized political party amounts to an unreasonable restriction of the right to participate in the conduct of public affairs.[11] The exclusion of mentally ill persons from political participation by merely questioning the mental ability of mentally disabled persons to make informed choices in relation to their civic duties and obligations constitutes a violation of the right to participation.[12]
Citizens participate directly in the conduct of public affairs as elected representatives, through referenda and ‘may participate directly by taking part in popular assemblies which have the power to make decisions about local issues or about the affairs of a particular community and in bodies established to represent citizens in consultation with government’.[13] Citizens also take part in the conduct of public affairs through public debate and dialogue with their representatives.[14] (See *consultation with communities about policies which directly affect them*). According to the HRC, ‘[i]t is for the legal and constitutional system of the State party to provide for the modalities of … participation.’[15] If States establish direct mode of participation, ‘no distinction should be made between citizens as regards their participation’[16] but individuals do not have the ‘unconditional right to choose the modalities of participation in the conduct of public affairs’.[17]
Where citizens participate in the conduct of public affairs through freely chosen representatives, the representatives should in fact exercise governmental power and they should be accountable through the electoral process for the exercise of that power.[18] The representatives may exercise only those powers which are allocated to them in accordance with constitutional provisions. Participation through freely chosen representatives is exercised through voting processes established by law. (See *participation in free and periodic elections*, *vote*, *stand for election*).
The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides under article 2 that:
'Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life', and that, 'Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.'
Recognizing that minorities are frequently poorly represented in political structures and institutions at the national and local levels, the UN Forum on Minority issues, established by the Human Rights Council in 2007, considered the thematic subject of minorities and effective political participation in its annual session in 2009. The Forum produced a series of recommendations for States and other actors aimed at ensuring the meaningful and effective political representation and participation of minorities. (Add reference)
[1] See also art 21 UDHR; ICESCR art 13(1) (‘education shall enable all persons to participate effectively in a free society’); art 7 CEDAW; art 3 First Protocol to the ECHR (right to free elections); art 23 ACHR; Inter-American Democratic Charter (2001); article 13; African Charter on Democracy, Elections and Governance (2007).
[2] HRC General Comment 25 para 5.
[3] Marshall v Canada communication 205/1986 (HRC 1991) para 5.4.
[4] Karakurt v Austria communication 965/2000 (HRC 2002) para 8.2
[5] HRC General Comment 25 para 3.
[6] HRC General Comment 25 para 3. See also Castañeda Gutman v Mexico Series C no 184 (IACtHR 2008) para 145: ‘it is essential that the State create optimum conditions and mechanisms to ensure that political rights can be exercised effectively, respecting the principle of equality and non-discrimination.’
[7] See eg HRC Concluding Observations, Venezuela, CCPR/CO/71/VEN (2001) para 21; HRC Concluding Observations, Brazil, CCPR/C/BRA/CO/2 (2005) para 10; Concluding Observations, Croatia, CCPR/C/HRV/CO/2 (2009) para 18.
[8] HRC General Comment 25 para 4. Art 23(2) of the ACHR sets out that law may only limit the right to political participation ‘on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.’ To be allowed the conditions must be necessary in a democratic society, Castañeda Gutman v Mexico para 185.
[9] HRC General Comment 25 para 4.
[10] Landinelli Silva and others v Uruguay communication 34/1978 (HRC 1981); Pietraroia v Uruguay communication 44/1979 (HRC 1981).
[11] Bwalya v Zambia communication 314/1988 (HRC 1993) para 6.6.
[12] Purohit and Moore v The Gambia communication 241/2001 (ACHPR 2003) paras 74-76.
[13] HRC General Comment 25 para 6.
[14] HRC General Comment 25 para 8.
[15] Marshall v Canada communication 205/1986 (HRC 1991) para 5.4.
[16] HRC General Comment para 6.
[17] Marshall v Canada communication 205/1986 (HRC 1991) para 5.5.
[18] HRC General Comment 25 para 7.