A/HRC/22/29
I. Introduction
1.
On 23 March 2012, the Human Rights Council adopted resolution 19/36, in which it
acknowledged that by promoting the normative content and the realization of the human
rights enshrined in various international instruments, it could play a role in developing and
promoting the fulfilment of the principles, norms and standards that constituted the basis of
democracy and the rule of law.
2.
The present study is submitted in accordance with paragraph 24 of the abovementioned resolution, in which the Office of the United Nations High Commissioner for
Human Rights (OHCHR) was requested to, in consultation with States, national human
rights institutions, civil society, relevant intergovernmental bodies and international
organizations, draft a study on common challenges facing States in their efforts to secure
democracy and the rule of law from a human rights perspective, and on lessons learned and
best practices in the engagement of the State with the international community to support
such processes.
3.
By note verbale dated 11 July 2012, OHCHR invited all Member States, relevant
intergovernmental and non-governmental organizations (NGOs) and national human rights
institutions to provide OHCHR with pertinent information relating to the challenges,
lessons learned and best practices referred to in paragraph 24 of the resolution. The
responses received by OHCHR1 are summarized under section VI below.
4.
The study is set against the normative framework provided under international law.
This framework was explored in an expert seminar on democracy and the rule of law held
by OHCHR in 2005. The seminar identified the main challenges to democracy as including
deepening poverty, worsened human security, infringements of rights, erosion of the rule of
law, escalation of armed conflicts, illegal occupations involving the use of force, unequal
access to justice by disadvantaged groups, and impunity.2
5.
While reaffirming the aforementioned findings, the study endeavors to contribute
further to the promotion and strengthening of the interdependence of human rights,
democracy and the rule of law by examining more specifically the nature of common
challenges faced by States in their efforts to secure democracy. It tackles the complexity of
the concept of democracy, identifying its different dimensions and restating its definition
from the human rights perspective. It is argued that, transcending important historically
informed specificities, the concept of democracy is demonstrably universal. Following the
analysis of the centrality of the rule of law and of human rights to democracy as a system of
governance, and to democratization as a process, the study sheds light on the most common
political, security, and social challenges to securing democracy. It highlights the
components of a viable, albeit often fragile process of transition towards democracy, and
the role of State and non-State actors. The study concludes with lessons learned and best
1
2
As at 15 November 2012, responses to the note verbale had been received from 16 Member States
(Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Czech Republic, Greece, Japan, Jordan,
Mauritius, Montenegro, Qatar, Romania, Russian Federation, Slovenia, Spain and Switzerland) and
from the Human Rights Commission of Mexico. Owing to the late transmission of the response
received from the Russian Federation, its translation was not available for incorporation in the study
at the time of submission for publication.
The seminar was designed to promote an analytical approach leading towards practical and actionoriented conclusions on the subject of democracy and the rule of law. The complete list of
conclusions and recommendations is included in the report of the seminar (E/CN.4/2005/58, paras.
26-85).
3
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