CIAO DATE: 05/2013
July 2012
International law contains a large number of obligations relevant for democratic governance and democratic elections. Contrary to conventional wisdom, these obligations are often detailed and comprehensive. International law guarantees key elements of democratic governance, such as the separation of powers, accountability, rule of law, and transparency. International law also protects key principles of democratic elections such as universal suffrage, secrecy of the vote, the right to vote and be elected, the right to freely assemble and associate, and, importantly, the right to an election that is “genuine.” This is a remarkably positive finding. Article 25 of the International Covenant on Civil and Political Rights (ICCPR) is the cornerstone of democratic governance and genuine elections in international law. Article 25 explicitly grants the right to take part in the conduct of public affairs and to equal suffrage. Other key elements of democracy derive from article 25, in particular the separation of powers, minimum rights of Parliament, full and effective civilian supervision of the security sector, and transparent and inclusive constitution making processes. The ICCPR and other human rights treaties also guarantee other core elements of a democracy and genuine elections, such as freedoms of association, assembly, and expression, and the independence of the judiciary. Views on individual petitions and General Comments of the United Nations Human Rights Committee (HRC) help interpret relevant norms and provide an authoritative understanding of the obligations States have undertaken to respect democratic governance and genuine elections.
Resource link: Strengthening International Law to Support Democratic Governance and Genuine Elections [PDF]