A/HRC/24/54
11.
The Permanent Delegate of Peru to the United Nations Educational, Scientific and
Cultural Organization in Paris, Manuel Rodríguez Cuadros, stated that, while social
inclusion, the fight against poverty and inequality, and the fight for decent work for all are
core tasks of democracy, they are not necessarily constitutive elements of a democratic
regime. The key to tackle challenges with regard to democracy in Latin America is to take a
human rights-based approach. In that context, the Permanent Delegate of Peru to UNESCO
made reference to the emergence of the human right to democracy through national and
international norms, as well as the jurisprudence of international courts and tribunals. He
gave the example of the Inter-American Democratic Charter which affirms that the peoples
of the Americas have a right to democracy, and their governments have an obligation to
promote and defend it. The Inter-American Court of Human Rights, in the cases of
Velásquez–Rodríguez v. Honduras (1988) and Godínez–Cruz v. Honduras (1989), has also
acknowledged that the realization of human rights takes place in a democratic society. The
Court found that States parties are obliged to organize the governmental apparatus and, in
general, all structures through which public power is exercised, so that they are judicially
capable of ensuring the free and full enjoyment of human rights. In this context, the
Permanent Delegate of Peru to UNESCO also stressed that the consolidation and quality of
democracy in Latin America is directly linked to the rule of law. The main elements include
the degree of respect for the separation of powers; the autonomous, efficient and nondiscriminatory functioning of the branches of power; respect for freedom of expression and
association; and the effective guarantee and exercise of individual freedoms and civil and
political rights, as well as the progressive realization of economic, social, cultural and
environmental rights.
12.
The President of the Moroccan National Human Rights Council, Driss el-Yazami,
stated that the panel was held at a time when the Middle East and North African region is
experiencing major sociopolitical changes. These upheavals pose new challenges to human
rights and human rights defenders, which cannot be overcome without understanding the
root causes of these historical transformations. He added that these upheavals have
underlined the role of youth as key actors in the periods of transition. The President of the
Moroccan National Human Rights Council pointed out that the Arab Spring is the product
of demographic, urban and educational transitions. The demographic transition is
characterized both by an increasing number of young people and a sharp fall in birth rates.
This in turn had led to deep sociocultural change characterized by a shift in the patriarchal
foundations of society, transformation of relationships between the generations and
between men and women, the emergence of the individual and the questioning of
traditional power-based relationships, in both the private and public spheres. Furthermore,
the generalization of education and rapid urbanization has contributed to the emergence of
educated, urbanized and technically competent youth. He pointed out that, following the
popular uprisings, the new actors are faced with the challenges of drafting new
constitutions and new laws, establishing transitional justice mechanisms and reorganizing
relations between the State and citizens. The President of the Moroccan National Human
Rights Council highlighted that the main challenge is to enlarge the democratic space and
create an inclusive State model that guarantees all rights and fundamental freedoms. He
recalled that the means of creating such a model are: elections and popular sovereignty;
peaceful change of power; rejection of a sanctified leader, one-party system or spiritual
guide; negotiation as a means of resolving differences; an autonomous and dynamic civil
society; public space for discussion and debate (parliament, free and independent press,
etc.); the exercise of power by legitimate and democratically elected political parties; and
accountability of those mandated to govern and manage public affairs. The President of the
Moroccan National Human Rights Council concluded by emphasizing the fundamental role
of human rights as a common ground upon which to build new democratic institutions.
6
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