A/HRC/24/38 local consultations. Participation is more than casting votes: it implies the ability for individuals and people to freely express their views, and for this voice to be heard “to shape the decisions that affect their community”.10 16. But even in ostensibly democratic States, there is no reason for complacency. Although formally free elections are held, the electoral process in many countries is dysfunctional and election results do not always correspond to the wishes of the electorate. In order to satisfy democratic requirements, there must be consultation of the public and the choice of candidates must be free and transparent. Methods to determine the will of the people, for instance, through frequent opinion polling and through referenda, should be put in place. As many observers note, representative democracy frequently manifests a disconnect between parliamentarians and the people, so that parliamentarians have agendas that do not correspond with the wishes of the electorate. This has led in many countries to apathy, cynicism and large-scale absenteeism in elections. What is needed is not only parliaments, but parliamentarians who genuinely represent the wishes of the electorate. In almost all countries, women are underrepresented and in many countries women are essentially disenfranchised.11 Such disenfranchisement is undemocratic and demands corrective measures. Women must be empowered so that they can meaningfully participate in decision-making.12 17. This second report to the Council, which covers multiple aspects of Council resolutions 18/6 and 21/9, focuses primarily on the issue of participation. It is not a compilation of facts and figures, but an attempt at defining concepts and identifying obstacles. The concept of democracy – whether we mean international democracy or domestic democracy – can be defined. Yet, international organizations that call themselves democratic are not, and some countries that invoke democracy reveal themselves as autocratic or oligarchic in practice. “Representative democracy” betrays the electorate when laws have no roots in the people but in oligarchies. Studies on the concept and modalities of direct democracy are therefore becoming more topical. 13 18. Democracy entails a correlation between the public interest as expressed by a majority of the population and the governmental policies that affect them. The term encompasses various manifestations, including direct, participatory and representative democracy, but Governments must be responsive to people and not to special interests such as the military-industrial complex, financial bankers and transnational corporations. Democracy is inclusive and does not privilege an anthropological aristocracy. It requires that the basic rules establishing and organizing the State and its relationship with society be put in place and accepted by the citizens. It requires consultation with the people and 10 11 12 13 6 See www.un.org/en/events/humanrightsday/2012/message.shtml. Concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), report A/HRC/23/50 of the Working Group on the issue of discrimination against women in law and in practice. CEDAW General Recommendation 23 and CESCR General Comment 15, para. 16a; Human Rights Committee, General Comment 28. Global Forum on Modern Direct Democracy, Montevideo 14-16 November 2012 http://2012globalforum.com/, http://movementfordirectdemocracy.com/strategy.html, http://www.directdemocracynow.org/, Centre for Direct Democracy, University of Zürich http://www.c2d.ch/, World Conference on Direct Democracy http://www.tfd.org.tw/iriasia/?mod=News&page=Direct_Democracy_Developments&id=465. Andrea Good/Bettina Platipodis, Direkte Demokratie, Bern 2013. Daniel Thürer, “Völkerrechtliches Jus Cogens und Volkssouveränität” in Good/Platipodis, pp. 439-452. Daniel Thürer, Direkte Demokratie. Eine Form des Widerstands? in Hans v. Arnim (ed.) Widerstand, Berlin 2012, pp. 63 ff. René Roca, Wenn die Volkssouveränität wirklich eine Wahrheit werden soll. Zürich 2012; Paul Widmer, Die Schweiz als Sonderfall, Zurich 2008.