A/HRC/24/38
to necessary reforms. The Preamble and articles 1 and 2 of the Charter lay down the
intention of the “peoples of the United Nations” to build an international order of peace,
human rights and development.
13.
With regard to an international democratic and equitable order, it is obvious that
such international order depends on the sovereign equality of States, the right of peoples to
self-determination and on a commitment to sharing the riches of the planet in a spirit of
international solidarity.5 While self-determination is closely related to the idea of
democracy, participation in international decision-making is still far from equal or even
equitable. Indeed, the United Nations Security Council is not democratic, nor are the
Bretton Woods institutions. There are other players which are not democratic in their
structure or in their modus operandi, including certain elitist organizations such as the
Trilateral Commission, the Atlantic Council and the Bilderberg Group, as well as betterknown conferences of the G-8, G-20, the World Economic Forum, and military alliances
such as the North Atlantic Treaty Organization (NATO). Meanwhile, transnational
corporations exert increasing influence on global decision-making and impact on the
options of sovereign States and on the enjoyment of human rights.6 Corporations – whether
national or multinational – do not operate on the basis of democratic principles but seek
primarily profit, and their decisions affect the international order. Reforms are necessary so
as to ensure the equitable participation of States, large and small, in global decisionmaking, especially concerning decisions on peacekeeping, the environment, trade relations
and the common heritage of humankind.
14.
In a democracy, it is the people who are sovereign. Therefore, with regard to the
promotion of democracy at the local, country and regional levels, civil society must have a
stronger voice in all political processes. The situation in some countries is grave, since
freedom of expression, peaceful assembly and association, and free and fair elections, are
not ensured; opposition leaders are arrested or killed; journalists, whistleblowers and
bloggers are harassed, intimidated and detained; public demonstrations are prohibited;
peaceful demonstrators massacred, elections are reduced to masquerades, etc. Several
Rapporteurs have documented these violations,7 the Human Rights Council has adopted
pertinent resolutions, and the Human Rights Committee has adopted important
jurisprudence thereon.8 The Independent Expert is highly concerned about such situations
where the rule of law and the respect for key principles such as free, fair and competitive
elections are blatantly violated.
15.
It is crucial that electoral systems be free and fair, ensure the free formation and
operation of political parties, in accordance with best practices related to freedom of
association,9 and respect the principle of non-discrimination so that all groups, including
opposition groups or groups promoting dissenting views, can take part in the electoral
process. These rules should apply not only for general or important elections, but also in
5
6
7
8
9
Report of the Independent Expert on human rights and international solidarity, A/HRC/23/45 and
Add.1.
Salvador Allende at the United Nations 1972, http://www.youtube.com/watch?v=knewNLlpkMw.
See, inter alia, reports from Independent Expert on minority issues: Special Rapporteur on the
Independence of Judges and Lawyers; Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression; Special Rapporteur on the promotion and protection of
human rights while countering terrorism; Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence; Special Rapporteur on the situation of Human Rights
Defenders; and Special Rapporteurs on Belarus, Cambodia, Côte d’Ivoire, Eritrea, Islamic Republic
of Iran and Sudan.
Jakob Möller and Alfred de Zayas, United Nations Human Rights Committee Case Law, 2009.
See Report A/HRC/20/27 of the Special Rapporteur on the rights to freedom of peaceful assembly
and of association.
5
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