A/HRC/21/45 useful for material progress, in the absence of a sense of solidarity, competition may become predator behaviour. Indeed, democracy is more than just a political concept; it also has economic, social, anthropological, ethical and religious dimensions. The rule of law is not identical with positivism, but must be animated by Montesquieu‘s Esprit des Lois (1748), the existence of an independent judiciary, moderation, a culture of dialogue, negotiation and compromise, and a conviction that in human rights terms there cannot be any ―legal black holes‖. Finally, it should be remembered that the ritual invocation of the word ―democracy‖ does not make it happen. Societies must work in good faith to make it function, ensuring genuine participation by the population. At the same time, common sense also tells us to beware of the excesses of ―militant democracy‖, a rather bizarre concept, which in some circumstances may take totalitarian overtones, and to abandon the fantasy that democracy can be exported or imposed by force. The respect for national sovereignty mandated in the Charter of the United Nations also means respect for the national identity of countries. 7. Democracy can be understood internally but also internationally, since the will of a majority of States in the General Assembly deserves respect. Whereas every member of the General Assembly has an equal right to vote, consideration must also be given to the fact that some States have very large populations and only a single vote, posing a problem of weighting. Moreover, the unequal economic and political power of States may lead to inequitable results, especially when a few powerful States frustrate the expressed will of democratically elected Governments representing hundreds of millions of human beings. This has led to the formation of informal voting blocks that do not always serve the cause of international equity. A problem of credibility arises when a large number of General Assembly resolutions remain unimplemented, although adopted by near unanimity. 8. The Independent Expert acknowledges earlier pronouncements of the General Assembly concerning democracy, e.g. in resolutions 55/96 on promoting and consolidating democracy, 57/221 on strengthening the rule of law, and 59/201 on enhancing the role of regional,1 subregional and other organizations and arrangements in promoting and consolidating democracy, as well as resolution 50/172 on respect for the principles of national sovereignty and non-interference in the internal affairs of States in their electoral processes, in which the Assembly recognized that there is no single political system or single universal model for electoral processes equally suited to all nations and their peoples, and that political systems and electoral processes are subject to historical, political, cultural and religious factors. Similarly, the Human Rights Council, in its resolution 19/36 on human rights, democracy and the rule of law, reaffirms in a preambular paragraph that while democracies share common features, there is no single model of democracy and that democracy does not belong to any country or region, and stresses the necessity of due respect for sovereignty and the right to self-determination. Thus, it should be clear that the way toward democracy – both nationally and internationally – is arduous and that countries should devise their own democratic institutions and mechanisms consistent with their culture and traditions, but also grounded in universal human rights. 9. The mandate holder will also explore the practical scope of the concept of ―equity‖, going back to the Socratic notion of moderation and the Aristotelian approach to justice (Ethics) as equality of treatment, i.e. like cases being treated alike, unlike cases differently. 10. How can the existing international order evolve so that it will be more democratic and more equitable? Certain conditions appear necessary, foremost among them peace in 1 6 See the Inter-American Democratic Charter adopted by the Organization of American States on 11 September 2001.

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