A/HRC/24/38
consultation has been flawed or entirely missing, precisely in cases where public
participation would have been most necessary.
21.
In order to test the existence or otherwise of domestic democracy in recent times, it
may be instructive to explore how decisions such as those on the increasing electronic and
video surveillance of individuals, arrest, indefinite detention, social security, health care,
employment, marriage, abortion, etc. have been taken and are being taken, and the degree
of genuine public participation in these decisions. More concretely, would a majority of the
population accept the grave restrictions of human rights following the terrorist attacks of
September 11, 2001? Would it accept the priorities imposed by Governments with regard to
so-called “austerity measures”? Would it approve the bailout of the banks? Would it
approve increasing militarization and the enormous slice of the budget allocated to the
“defence” industry? Would it consent to the participation of their respective countries in
military adventures not supported by resolutions of the Security Council and not allowed
under Article 51 of the United Nations Charter? Would it consent to the sale of weapons to
belligerents in foreign civil wars? Would it consent to the use of drones regardless of
civilian casualties and collateral damage? Would the citizens of the 54 nations that
cooperated with the system of rendition, secret prisons, “black holes”, etc. have approved
illegal acts committed in the name of the “war against terrorism”? 17 Would they consent to
the use of military commissions to try civilians? What has been the role of some media in
creating an atmosphere of imminent threat and fear through disinformation and skewed
reporting, in contravention of the prohibition of war propaganda stipulated in article 20
ICCPR? Would a public referendum approve adoption of infants by same-sex couples?
What does it mean when mass protests demanding democratic reforms and human rights
are met with excessive use of force by police? Can laws be adopted top-down without
public debate and in spite of widespread protest by the population? Are populations hostage
of parliamentarians and incapable of influencing policy until the next elections, which may
or may not allow a choice of policies but only of candidates whose decisions are sometimes
a surprise to the electorate? Many of these issues demand public debate and consultation
and should not be short-circuited and decided over the heads of the people.
22.
Undoubtedly, there is room for improvement in each and every country. No country
has a perfect report card. While some countries have strong points in specific areas, they
may have serious lacunae in other areas. For instance, some countries have made enormous
progress on civil and political rights, but lag in the implementation of economic, social and
cultural rights. In some States and territories there are minorities, indigenous populations,
people under occupation, unrepresented people and persons living in extreme poverty,18
who lack the possibility to effectively participate in decision–making19. Effective measures,
including a judicial system of enforceable rights, should be adopted to empower women,
minorities, indigenous populations, unrepresented peoples, persons with disabilities, etc., so
that they can meaningfully participate in the political process and in the decisions affecting
them, their right to self-determination, their traditional environment, their culture and
beliefs.
17
18
19
8
Convention for Cyprus , Berlin, 2009. A de Zayas, “The Annan Plan”, The Cyprus Yearbook of
International Relations, 2006, pp. 163–178.
See A/HRC/22/52.
See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13369&LangID=E.
A/HRC/13/25 Recommendations of the second session of the Forum on Minority Issues on minorities
and effective political participation. Reports of the Special Rapporteur on extreme poverty and human
rights, Special Rapporteur on the rights of indigenous peoples, Working Group on the issue of
discrimination against women in law and in practice.
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