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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