Columbia International Affairs Online: Working Papers

CIAO DATE: 05/2013

Overview of State Obligations Relevant to Democratic Governance and Democratic Elections

July 2012

The Carter Center

Abstract

International law contains a large number of obligations relevant to democratic governance and democratic elections. International human rights treaties guarantee key elements of democracy, such as the respect of human rights, the rule of law, transparency and accountability in public administration, and a free media. The separation of powers, the independence of the judiciary, and pluralistic system of political parties and organisations are also part of international legal obligations. UN General Assembly resolution 59/201 (2005) and various other resolutions of the General Assembly confirm these elements of a democracy. International law also protects key principles of democratic elections, including universal suffrage, the secrecy of the vote, the right to vote and to be elected, the right to freely assemble and associate, and the right to an election that is “genuine,” all of which are enshrined in various human rights treaties.