A/HRC/33/25
B.
Current challenges to the implementation of the right to participate
in public affairs
15.
Lenka Homolkova, election adviser to the European Union Special Representative in
Afghanistan, focused her intervention on practical challenges to implementation of the right
to vote and to be elected, as integral components of the right to participate. She noted that,
over the past several years, discussions on the right to participate had taken place against
the background of shrinking space for civil society globally. She also emphasized that
restrictive measures affecting civil society had an impact on the right to vote and to be
elected, as civil society was so crucial for supporting electoral rights through their
awareness-raising activities and when making observations and recommendations for
improvement. She added that participation in elections was generally declining in
established democracies, which was probably linked to dissatisfaction with political
processes.
16.
Ms. Homolkova highlighted the increasing interest in the electoral cycle approach,
which focused not only on events on election day but on the whole election cycle. She
discussed the individual elements of the right to vote and to be elected, which included
periodic and genuine elections based on universal and equal suffrage, the secret ballot, and
the rights to vote and to stand as a candidate. Important questions were raised about unduly
and extensively delayed elections and the positive obligations of States in that regard, and
about how best to guarantee universal and equal suffrage. Ms. Homolkova referred to less
visible types of discrimination preventing the equal exercise by some persons of the right to
vote and to be elected, such as the absence of voting stations reserved for women in some
cultural contexts, disenfranchisement for detainees and persons declared bankrupt or
insane, and restrictions on the grounds of intellectual or psychological disability. Another
issue that remained unresolved was the restriction of electoral rights for the military and the
police, as well as for electoral officials. The right to participation and associated rights
(right to freedom of expression, right of peaceful assembly, right to freedom of association
and right to liberty of movement) were further challenged by threats, intimidation and
corruption. Finally, Ms. Homolkova discussed structural inequalities hindering the right to
vote and to be elected, such as poverty, physical barriers, infrastructural and social
obstacles, and insecurity.
17.
Pramila Patten, a member of the Committee on the Elimination of Discrimination
against Women, focused on challenges faced by women and highlighted the pervasive
democratic deficit reflected in an unbalanced representation of women in both public and
political life. No political system, she said, had conferred on women the right to full and
equal participation. The public and private spheres continued to be considered distinct, with
women invariably being assigned to the latter while public life continued to be dominated
by men. Women continued to face serious limitations to holding public office, and their
underrepresentation was the common feature of most political arenas. She drew attention to
recent statistics showing that, as at 1 April 2016, the proportion of women in parliaments
worldwide averaged a mere 22.7 per cent. While the overall trend in regard to women’s
participation was inching upwards, this was happening at a slow rate. The past four years
had seen an increase of only 3.1 per cent in the average proportion of women in parliaments
worldwide. Ms. Patten recalled that the Convention on the Elimination of All Forms of
Discrimination against Women, an instrument that enjoyed nearly universal ratification,
emphasized women’s participation in public life. She provided a summary of relevant
provisions, such as article 7 of the Convention on the Elimination of All Forms of
Discrimination against Women and the interpretations reflected in general
recommendations of the Committee on the Elimination of Discrimination against Women
such as general recommendation No. 23 (1997) on political and public life, general
recommendation No. 25 (2004) on temporary special measures and general
7
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