A/HRC/27/59 15. It is noteworthy that the principles of subsidiarity, decentralization and accountability are explicitly envisaged in a number of countries as main principles of local government. Furthermore, the respective laws provide for the right of local authorities to have recourse to a judicial remedy in order to ensure respect for such principles. 16. International law does not, in principle, concern itself with the internal territorial structure of the State. The relationship between a State and its local government is generally considered as an internal matter. In other words, it is a sovereign right of States to organize their local governments in accordance with their domestic legislation and to freely determine whether local governments are elected or appointed, and whether they can function independently or only with express approval from higher authorities, and which public services are to be provided by local government. 17. Nevertheless, certain rules and regulations have been developed, both at the international and national level, that directly relate to local government. It should be stressed that very few such rules are legally binding. Particular mention should be made of the European Charter on Local Self-Government, a regional treaty adopted in 1985 within the framework of the Council of Europe. The Charter, which has been ratified by all the 47 member States of the Council of Europe, is the first international legally binding instrument that guarantees the rights of communities and their elected authorities. It lays down common European standards to protect the rights of local self-government authorities. 18. Another legally binding instrument is the African Charter on Democracy, Elections and Governance2 which was adopted by the African Union in January 2007. The Charter contains some provisions concerning local government. In particular, it obliges State parties to “decentralize power to democratically elected local authorities as provided in national laws” (art. 34). The Charter further stipulates that “given the enduring and vital role of traditional authorities, particularly in rural communities, the State Parties shall strive to find appropriate ways and means to increase their integration and effectiveness within the larger democratic system” (art. 35). 19. A number of instruments have been adopted under the auspices of the Council of Europe that are aimed at safeguarding local authorities’ rights, among them: the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980 and the three protocols thereto);3 the European Code of conduct for the political integrity of local and regional elected representatives (1999);4 the European Landscape Convention (2000);5 the European Urban Charter I (1992);6 the European Urban Charter II — Manifesto for a new urbanity (2008);7 and the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (2009).8 Reference should also be made to the following recommendations of the Council of Europe’s Committee of Ministers to member States that contain important principles and norms relating to competences, financial resources and capacity of local authorities: recommendation Rec(1998)12 on supervision of local authorities’ action; recommendation Rec(2004)12 on the processes of reform of boundaries and/or structure of local and regional authorities; recommendation Rec(2005)1 on the financial resources of 2 3 4 5 6 7 8 Available from www.au.int/en/content/african-charter-democracy-elections-and-governance. Available from www.coe.int/t/congress/texts/conventions/conventions_en.asp?mytabsmenu=6. Ibid. Available from http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=176&CL=ENG. Available from https://wcd.coe.int/ViewDoc.jsp?id=887405. Available from https://wcd.coe.int/ViewDoc.jsp?id=1302971. Available from http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=207&CM=1&CL=ENG. 5