A/HRC/39/47
15.
The mandate holder acknowledges Human Rights Council resolution 19/36, in
which the Council related democracy to human rights and the rule of law, and is mindful of
the fact that, while democracies share common features, there is no single model of
democracy and that democracy does not belong exclusively to any country or region. 2 In
addition, he stresses the necessity for due respect for sovereignty and the right to selfdetermination. However, there is a need to undertake a deep look at existing mechanisms
and structures to determine how democracy has been promoted, undermined or modified
based on ethnic, political or economic considerations and to make recommendations on
how democracy can be rethought and customized to build resilience and yield stability.
Moreover, the Independent Expert is mindful of the gap between the normative human
rights framework providing that women have a right to participate in national and
international political systems 3 and the reality of their persistent exclusion from public
affairs.4 Thus, his evaluation of ways to strengthen democratic processes will necessarily
examine how these systems are inclusive of, and responsive to, women constituents, as well
as those of other marginalized groups.
16.
Democracy thrives when citizens exercise their right to choose their leaders in an
atmosphere free from violence, coercion, duress or manipulation. The Independent Expert
is aware that flawed elections in many parts of the world have resulted in conflict, internal
displacement, arbitrary deprivation of life and, too often, economic disruption. Elections
should not be mere rituals exercised periodically but should be genuine and reflect the free
expression and will of the people (see A/HRC/24/38, paras. 15 and 19). Free and fair
elections cannot be held without respect for the rule of law and independent institutions
such as an independent election management body, an independent judiciary and a free
press. The independent institutions must also be held accountable for the use of their power,
more so when they succumb to political pressures, adopt a partisan stance and use their
power and influence to subvert the will of the people.
17.
The mandate holder is aware of General Assembly resolution 50/172, in which the
Assembly recognized that there is no single political system or universal model for electoral
processes equally suited to all nations and their peoples, and that political systems and
electoral processes are subject to historical, political, cultural and religious factors; however,
too often flawed elections are a threat to a democratic and equitable international order. The
mandate holder would like to engage States on current obstacles to free, fair and inclusive
elections and, where appropriate, identify best practices. He will seek views and expert
opinions on electoral systems and procedures and their impact on human rights. Areas of
interest include appointment procedures for election management bodies, accreditation of
observers, recruitment of polling officials, conduct of elections, transmission and
declaration of results, media access, the right to organize and assemble, adherence to
electoral laws, handling of election disputes and implementation of recommendations of
election observer reports.
B.
Public participation and decision-making in multilateral institutions
18.
The right to take part in the conduct of public affairs is essential to the realization of
an international order that is democratic and equitable. Article 21 of the Universal
Declaration of Human Rights and article 25 of the International Covenant on Civil and
Political Rights recognize the right and opportunity of every citizen to take part in the
conduct of public affairs, directly or through freely chosen representatives. The right to
2
3
4
See paragraph 135 of General Assembly resolution 60/1.
Universal Declaration of Human Rights, art. 12; International Covenant on Civil and Political Rights,
arts. 3 and 25; Convention on the Elimination of All Forms of Discrimination against Women, arts. 3
and 7−8; and Committee on the Elimination of Discrimination against Women, general
recommendation No. 23 (1997) on women in public life. See also Sustainable Development Goals
target 5.5, seeking to ensure women’s full and effective participation and equal opportunities for
leadership at all levels of decision-making in political, economic and public life.
See, for example, the report of the Working Group on the issue of discrimination against women in
law and practice (A/HRC/23/50) focused on women’s participation in political and public life.
5
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