A/HRC/21/45
have a functioning democracy. Censorship, whether conducted by States or by press
conglomerates, distorts reality and undermines democracy. Who is financing the media and
what gets broadcasted or released are important issues in understanding the degree of press
freedom, also to what extent big media smother out the independent press. Self-censorship
as a result of intimidation or social pressures, sometimes referred to as ―political
correctness‖, constitutes a serious obstacle to the proper functioning of democracy. It is
important to hear the views of all persons, including the ―silent majority‖, and to give ear to
the weaker voices. There is little hope for an international democratic order as long as
democracy is lacking at the national level. Therefore, it is imperative to focus attention on
education and access to information, including via the Internet, to enable persons to develop
freely their own opinions. Direct or indirect censorship, whether through State or private
sector agencies, undermines opinion-building and constitutes an obstacle for the individual
and society at large to exercise civic responsibilities, including the right to participate in the
conduct of public affairs.
46.
The Human Rights Committee has stated: ―Freedom of opinion and freedom of
expression are indispensable conditions for the full development of the person. They are
essential for any society. They constitute the foundation stone for every free and democratic
society. The two freedoms are closely related, with freedom of expression providing the
vehicle for the exchange and development of opinions. Freedom of expression is a
necessary condition for the realization of the principles of transparency and accountability
that are, in turn, essential for the promotion and protection of human rights.‖ 23 Some
pressure groups, lobbies and professional public relations companies may hijack political
decision-making and leave large parts of the population effectively disenfranchised.
47.
While the outward face of democracy may be a multiparty system and regular
elections, some observers contend that there is a substantial difference between the right to
vote and the right to choose policies. If the choice of candidates for election does not
correspond to the desires of the people, then a pro forma election among candidates who
have been put up by political machines does not further the credibility or legitimacy of such
―democracies‖. This is not democracy but ―partitocracy‖ (Sartori). Similarly, if the only
choices possible are between candidate A and candidate B, whose programmes are often
very similar, and the people do not have an opportunity to vote for a candidate C with a
different programme, then the pro forma election of A or B does not satisfy the essence of
what democratic government should be. In such cases, the two-party system avers itself to
be only twice as democratic as the one-party system. Even in multiparty systems, it often
occurs that the number of representatives in parliament does not correspond proportionally
to the votes cast, and in some cases a party does not succeed in having a single
representative in parliament, although proportionally it would have been entitled to some
representation.
48.
Another obstacle to the right to choose freely is the combination of policies that
make up the cocktail of any party platform. Should the citizen be obliged to choose
between two ―package deals‖, one represented by party A and the other by party B? In
many cases, the electorate may agree with as little as 30 per cent of the programme of party
A, 30 per cent of the programme of party B, and find no candidate at all to espouse 40 per
cent of his or her wishes. In such or similar cases confidence in the electoral process is
undermined and results in high levels of electoral absenteeism in many countries. Indeed,
democracy requires real choices as well as transparent and accountable governance and
administration in all sectors of society. In other cases, party machines fail to advance a
23
16
General comment No. 34 (2011) on the freedoms of opinion and expression, paras. 2 and 3.
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