A/HRC/24/38
56.
Concerning participation at the domestic level:
(a)
States should strengthen the rule of law and implement the principle of
separation of powers. In particular, States should take all necessary legislative and
administrate measures to make civil society participation in decision-making more
effective, in particular by allowing more direct democracy through the instruments of
popular initiative, referenda, recall and impeachment. Moreover, not only the law but
also the actual practice must be assessed. Empowerment of the public requires
education programmes on human rights, including the right to peace.
(b)
States should adopt the necessary legislative, administrative and judicial
measures to give effect to the Universal Declaration of Human Rights and States
parties to the ICCPR should implement articles 2, 19, 21, 22 and 25 ICCPR, consistent
with the principle expressed in the Advisory Opinion of the Permanent Court of
International Justice, “according to which a State which has contracted valid
international obligations is bound to make in its legislation such modifications as may
be necessary to ensure the fulfilment of the obligations undertaken”.89
(c)
States are invited to go beyond the provisions of article 25 ICCPR to
ensure pluralism in elections and enhanced consultation with stakeholders. In
particular, States should implement the participation and consultation
recommendations in the relevant General Comments of the United Nations treaty
bodies.
(d)
Multiparty electoral systems and the establishment of political parties
representing a wide diversity of points of view should be facilitated. States should
review their legislation on the establishment and prohibition of political parties. Oneparty systems suffer from an obvious democratic deficit, and if only one political party
is allowed to operate, provision should be made to facilitate and encourage public
participation in the formulation of policies and the possibility or articulating a
diversity of views within the party.
(e)
States should ensure access to public information 90 and repeal legislation
that is incompatible with articles 18 and 19 ICCPR; in particular, blasphemy and
memory laws and any laws that hinder open discussion of political and historical
events. States should refrain from misusing anti-terror legislation to intimidate and
suppress dissent and thus undermine participation in the democratic process.91 States
should ensure freedom of expression online and refrain from censorship except for
reasons of health and morals.
(f)
States should never impose reprisals against human rights defenders and
repeal laws that hinder the right to peaceful assembly in public and private spheres,
impose unreasonable fines or imprisonment on demonstrators, or restrict the right to
association and collective bargaining.
(g)
States should ensure accountability of all State organs, and revitalize
elected parliaments so that the executive power cannot circumvent the democratic
process through directives or executive agreements not subject to advice and consent.
89
90
91
Advisory opinion concerning the Exchange of Greek and Turkish Populations Case
http://www.worldcourts.com/pcij/eng/decisions/1925.02.21_greek_turkish.htm.
2009 Council of Europe Convention on Access to Documents; Draft Model Law for African Union
Member States on Access to Information; OAS model law on Access to Public Information.
How fusion centers spied on Occupy Wall Street http://ufppc.org/us-a-world-news-mainmenu35/11479/see also Sheldon Wolin, Democracy Incorporated: Managed Democracy and the Specter of
Inverted Totalitarianism, 2008.
19
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