Democracy and the United Nations

Democracy and Human Rights

The human rights normative framework

Marchers in Wat Phnom, Cambodia, highlighting
freedom of expression. OHCHR/James Turpin

The values of freedom, respect for human rights and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy.  In turn, democracy provides the natural environment for the protection and effective realization of human rights. These values are embodied in the Universal Declaration of Human Rights and further developed in the International Covenant on Civil and Political Rights which enshrines a host of political rights and civil liberties underpinning meaningful democracies.

The link between democracy and human rights is captured in article 21(3) of the Universal Declaration of Human Rights, which states:

“The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and subsequent human rights instruments covering group rights (e.g. indigenous peoples, minorities, people with disabilities), are equally essential for democracy as they ensure an equitable distribution of wealth, and equality and equity in respect of access to civil and political rights.

For several years, the UN General Assembly and the former Commission on Human Rights endeavored to draw on international human rights instruments to promote a common understanding of the principles, norms, standards and values that are the basis of democracy, with a view to guiding Member States in developing domestic democratic traditions and institutions; and in meeting their commitments to human rights, democracy and development.

This led to the articulation of several landmark resolutions of the former Commission on Human Rights. In 2000, the Commission recommended a series of important legislative, institutional and practical measures to consolidate democracy (resolution 2000/47); and in 2002, the Commission declared the following as essential elements of democracy¹:     

• Respect for human rights and fundamental freedoms
• Freedom of association
• Freedom of expression and opinion
• Access to power and its exercise in accordance with the rule of law
• The holding of periodic free and fair elections by universal suffrage and by secret ballot as the expression of the will of the people
• A pluralistic system of political parties and organizations
• The separation of powers
• The independence of the judiciary
• Transparency and accountability in public administration
• Free, independent and pluralistic media.

Addressing Democracy Deficits

Democracy deficits and weak institutions are among the main challenges to the effective realization of human rights. OHCHR seeks to address these challenges through its advisory services and technical cooperation programme, which focus on strengthening the legal framework for human rights protection (institutional and legal reform); capacity building; empowering vulnerable and disadvantaged segments of the society; advocacy, awareness raising and human rights education.

Promoting Democratic Governance

The Office continues to promote democratic governance by providing sustained support to democratic institutions including national actors and institutions involved in the administration of justice; enhancing the capacity of parliamentarians to engage in human rights protection; supporting civil society; and facilitating electoral and constitutional building processes.

Supporting Transitional Democracies

In transitional democracies and countries emerging from conflict, OHCHR collaborates with national governments and other actors to confront the past in order to rebuild public confidence and restore peace and the rule of law. With a focus on combating impunity, OHCHR has actively supported transitional justice programmes in more than 20 countries around the world over the past decade. Its support includes ensuring that human rights and transitional justice considerations are reflected in peace agreements; engaging in the design and implementation of inclusive national consultations on transitional justice mechanisms; supporting the establishment of truth-seeking processes, judicial accountability mechanisms and reparations programmes; and enhancing institutional reform.

Guiding national and regional efforts towards consolidating
democracy and upholding the rule of law

Two expert seminars organized by OHCHR in 2002 and 2005 shed light on the main challenges to democracy, human rights and the rule of law such as:

• Deepening poverty
• Threats to human security
• The infringements of individual rights and impediments to the enjoyment of fundamental freedoms
• Erosions of the rule of law in contexts such as counter-terrorism
• Illegal occupation involving the use of force
• The escalation of armed conflicts
• Unequal access to justice by disadvantaged groups
• Impunity

The reports of these seminars² stand as a guide for developing national and regional frameworks and strategies for the realization of democracy as a holistic concept based on a strict adherence to human rights and the principles of the rule of law.

Moreover, OHCHR has published a compilation³ of relevant documents and texts which serves as a reference and analytical tool for Constitution making, the revision/ drafting of national legislations and strategies to consolidate human rights and democratic foundations.

OHCHR participates with other parts of the UN system in developing a coherent system-wide approach to democracy and constitutional assistance.OHCHR also seeks to partner with intergovernmental democracy promoting organizations such as l’Organization Internationale de la Francophonie, the Inter-Parliamentary Union, the Organization for Security and Cooperation in Europe and regional intergovernmental organizations. The Office also provides dedicated support to the UN Democracy Fund, advising the decision making process on programme funding criteria and on project proposals.

For more information, contact: OHCHR Geneva, Tel: +41(0)22 9289787

1. ^1. Commission on Human Rights resolution 2002/46
2. ^2. E/CN.4/2003/59 and E/CN.4/2005/58.
3. ^3. Compilation of documents and texts adopted and used by various intergovernmental, international, regional and sub-regional organizations aimed at promoting and consolidating democracy.
   (Available at http://www2.ohchr.org/english/law/compilation_democracy/index.htm).