A/HRC/24/38
governmental organizations so as to eliminate politicization and enhance civil society
access to the Council.
(f)
The Council should consider recommending to the General Assembly to
bring specific legal questions concerning self-determination, war, peace, democracy,
corporate social responsibility and debt cancellation to the International Court of
Justice for advisory opinions.
C.
Recommendations to Civil Society and National Human Rights
Institutions
58.
Article 29 of the Universal Declaration of Human Rights stipulates, “Everyone
has duties to the community in which alone the free and full development of his
personality is possible.” The Independent Expert is aware that in many countries
there is little space for civil society to operate and articulate legitimate demands.
Nevertheless, he encourages civil society to:
(a)
Take on this challenge as a civic duty and reclaim its rights, demand
consultation and effective participation in decision-making, reliable opinion polling
and referenda as a right, in particular on matters of State-ordered surveillance, which
affects civil and political rights, and on matters of retrogression93 in social services,
including “austerity measures”, privatization of essential public responsibilities, etc.
Civil society should take advantage of new digital technologies and social media to
revitalize democracy, e.g. by demanding social services, regulation of the financial
markets, denouncing war mongering and human rights violations;
(b)
Invoke United Nations procedures, including the new Optional Protocol
to ICESCR. They should call their representatives to account and engage domestic
and international tribunals, including regional instances of examination and
settlement, and United Nations treaty bodies;
(c)
Engage in peaceful resistance against structural violence imposed on
them by governments and corporations. The right to freedom of peaceful assembly
and of association should be invoked in order to restore democratic participation 94;
(d)
Insist on accountability of government officials and expose violations of
human rights by their governments. In particular, civil society should investigate and
take action on the revelations by whistleblowers, when it becomes apparent that
democratically elected governments have acted or are acting ultra vires and in
contravention of international law, including United Nations human rights treaties,
and the 1949 Geneva Conventions and 1977 Additional Protocols. Civil society should
reject impunity for crimes committed by their political leaders and for white-collar
crimes of financiers and corporate magnates;
(e)
Make greater use of direct democracy, if available, or demand that its
representatives elaborate, discuss and adopt appropriate legislation to facilitate public
initiative, referenda, recall and impeachment. Civil society should demand frequent
opinion polling at both the international and national levels. Crucial is the right to
93
94
Article 2(1) of the ICESCR establishes the principle of non-retrogression. The Inter-American
Commission on Human Rights also recognizes the “obligacion de progresividad” in article 26 of the
American Convention on Human Rights
Stéphane Hessel, Indignez–Vous, 2011. Norman Finkelstein, Gandhi, 2012.
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