A/HRC/24/38 52. It would be good to report that States and civil society are advancing in the promotion of a culture of democratic thinking, democratic feeling and democratic acting. Unfortunately, most areas of human activity seem to be locked into their own logic and dynamic, where democracy is conjured to legitimize the status quo, while doing little to give life to the concepts of participation and consultation or to core values of the United Nations, including transparency and accountability. Yet, the spirit of democracy resides in the minds of women and men, and step by step each community, State, and region can claim and reclaim it. This culture of democracy must be home-grown and cannot be exported or imposed top-down. Crucial remains the conviction that the government should serve the people and that its powers must be circumscribed by a Constitution and the rule of law. Juvenal’s question quis custodiet ipsos custodes (who guards the guardians?) remains a central concern of democracy, since the people must always watch over the constitutional behaviour of the leaders and impeach them if they act in contravention of their duties. Constitutional courts must fulfil this need and civil society should show solidarity with human rights defenders and whistleblowers who, far from being unpatriotic, perform a democratic service to their countries and the world. 53. The “vital interests” of States must be made to conform to the Purposes and Principles of the United Nations, while respecting the sovereignty of States and the self-determination of peoples. The problem remains that, although there is talk on reforms, vested interests prevent their implementation; although there are Indignados and occupy movements, there is no effective mechanism to translate public protest into concrete reform. Soon everything returns to business as usual and the public remains irrelevant. Since access to information, freedom of expression and the media are indispensable to carry out reforms, it is crucial to ensure the democratization of the media, so that it exercises its watchdog function. An unfree media controlled by the State or held hostage by corporate interests undermines democracy. And whereas media hype can negatively impact decision-making, responsible media can advance a human rights agenda through information and education. The gap between institutionalized power and the people must be bridged. It bears repeating: Democracy means participation. “Formal democracy” is no democracy. A. Recommendations to States 54. The Independent Expert recalls the language of article 28 of the Universal Declaration of Human Rights, which stipulates “Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.” 55. With regard to participation at the international level: (a) States should cooperate to reform the Security Council, so as to expand its membership and give all States, large and small, rich and poor, greater democratic participation in global decision–making. In the dynamic context of an ever-changing world, regular reforms are a condition of stability. (b) To the extent that the Security Council is blocked by the use or threatened use of the veto power by one of the P5 States, State members and observers at the General Assembly should revitalize the General Assembly, so that it henceforth exercises a greater role in international decision-making. For instance, the General Assembly should urge States to impose economic sanctions on States that refuse to abide by Security Council, General Assembly, and Human Rights Council resolutions. The General Assembly should also refer legal questions to the International Court of Justice for advisory opinions on matters relating to democracy, participation, 17

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