A/HRC/22/29 V. The process of transition to democracy 42. Just as the concept of democracy encompasses a variety of traditions, the routes to democracy are variegated. Used interchangeably, the terms ―transition to democracy‖, ―political liberalization‖ and ―democratization‖ refer to a political process. The departure from a repressive State to a democratic one and the improvement of existing democratic systems invariably will entail facing obstacles. At the same time, transitions are a deliberate course of sequential societal transformation and this allows for the proper integration and enforcement of the normative values of human rights and the rule of law. A. From protest to transition 43. The congruence among democracy, human rights and the rule of law is, importantly, manifested when a society expresses its shared sense of nationhood in the context of an uprising meant to achieve democracy. Such a key shift away from the monopolization of power revolves around the adoption of institutions suited for democratic advance. 44. Social volatility and unrest are major impediments to the securing of democracy. There is an important correlation between national unity and the viability of transition. Of the many prerequisites of democracy, this one seems overriding.12 45. The expansion of political and electoral competition to facilitate participation is, in that regard, a formative challenge. This was, for instance, the case during the Spanish transition in the 1970s.13 Democracy is an integrative process and the opening of electoral competition during the early phase of a transition is a sine qua non condition of a proper democratization project. 46. A second incipient challenge concerns the dismantling of the structure of a former authoritarian regime. This is particularly sensitive as regards the role of armed forces. As the State must retain the legitimate exercise and control over its national forces, the successful dismantlement of the old order (e.g., disbanding party militias) is an arduous task whose consequences can be disruptive if not properly planned. 47. A third challenge is linked to the need to engage in redistribution of political power with a view to secure effective government underwritten by the rule of law and human rights. This is achieved through constitutional reform. The introduction of laws legalizing political association and the recognition of political pluralism are central to this exercise. The principle of separation of powers between the legislative, executive and judicial branches must be codified constitutionally and implemented effectively. 48. The quality of a transition process is another challenge in this phase. Regime transitions are diverse and do not always lead to democracy as an outcome. While democracy is contingent on the respect of rights and freedoms, the enactment of civic responsibility, the tolerance of difference, and the sharing of communal burden, democratization rests on action based on firm political commitment to achieve its objectives. 12 13 10 This was argued in particular in Dankwart Rustow’s founding transitology text, ―Transitions to democracy: toward a dynamic model‖, Comparative Politics, vol. 2, No. 3 (April 1970), pp. 337-363. See José Félix Tezanos, Ramón Cotarelo, and Andrés de Blas, eds., La Transición Democrática Española (Madrid, Sistema, 1989).