Essential Elements Of Freedom

[Natalí Stibb]

Democracyis a core value of the United Nations. The UN supports democracy by promoting human rights, development, and peace and security. In the 79 years since the UN Charter was signed, the UN has done more to support democracy around the world than any other global organization. The UN promotes good governance, monitors elections, supports civil society to strengthen democratic institutions and accountability, ensures self-determination in decolonized countries, and assists in the drafting of new constitutions in post-conflict nations.

United Nations activities in support of democracy are carried out through the United Nations Development Programme (UNDP), the United Nations Democracy Fund (UNDEF), the Department of Peace Operations (DPO), the Department of Political and Peacebuilding Affairs (DPPA), the Office of the High Commissioner for Human Rights (OHCHR),and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), among others.

The UN does not advocate for a specific model of government but promotes democratic governance as a set of values and principles that should be followed for greater participation, equality, security and human development. Democracy provides an environment that respects human rights and fundamental freedoms, and in which the freely expressed will of people is exercised. People have a say in decisions and can hold decision-makers to account. Women and men have equal rights and all people are free from discrimination

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 an environment for the protection and effective realization of human rights.

For several years, the UN General Assembly and the former Commission on Human Rights endeavoured to draw on international human rights instruments to promote a common understanding of the principles and values of democracy. As a result, in 2000, the Commission recommended a series of legislative, institutional and practical measures to consolidate democracy. Moreover, in 2002, the Commission declared the following as essential elements of democracy:

Democracy deficits, weak institutions and poor governance impose persistent challenges. The UN Human Rights office (OHCHR) and UNDP address these challenges through their advisory services and programmes. In transitional democracies and countries emerging from conflict, OHCHR assists to build strong and independent judiciary systems, parliaments, human rights institutions, and vibrant civil societies. UNDP helps governments in strengthening their public institutions, to help countries fight corruption and support inclusive participation to ensure that no one is left behind. Every year, UNDP invests, on average, US$565 million to support inclusive governance and development at the local level.

OHCHR collaborates with national governments and other actors to rebuild public confidence and restore peace and the rule of law in post-conflict nations and transitional democracies. UN Human Rights has actively supported transitional justice programmes in more than 20 countries around the world over the past 15 years. The office tries to ensure that human rights and transitional justice considerations are reflected in peace agreements and it supports the establishment of truth-seeking processes, judicial accountability mechanisms, and reparations programmes.

In 2015, the Human Rights Council adopted resolution 28/14, which established a Forum on Human Rights, Democracy and the Rule of law, to provide a platform for promoting dialogue and cooperation on issues pertaining to these areas. The Forum is held every two years. The most recent meeting was convened in Geneva on November 24-25, 2022, under the theme "Strengthening democracies to build back better: challenges and opportunities".

The UN is a trusted impartial actor providing electoral assistance to approximately 60 countries each year, either at the request of Member States or based on a Security Council or General Assembly mandate. The assistance includes advisory services, logistics, training, civic education, computer applications and short-term observation. The UN also strives to build capacity regarding the overall political environment. This involves working with voters, the media, political parties, civil society, as well as the parliament and the judiciary.

The electoral assistance helps Member States to hold periodic, inclusive, transparent and credible elections and to establish nationally sustainable electoral processes. UN electoral assistance has been a crucial and successful component in peacekeeping, peacebuilding, and in establishing and deepening democratic governance.

The electoral assistance involves several programmes, funds, agencies and departments. The Under-Secretary-General for Political and Peacebuilding Affairs is the UN Focal Point for Electoral Assistance. The Electoral Assistance Division within the Department of Political and Peacebuilding Affairs (DPPA) assesses electoral needs, develops electoral policy, and maintains institutional memory. The United Nations Development Programme (UNDP) provides technical assistance, and fosters the participation of women, the youth and other underrepresented groups in elections. It also coordinates donor support. In peacekeeping or post-conflict environments, military and police components of peacekeeping missions support national law enforcement agencies in securing elections. The UN also partners with other regional, intergovernmental and non-governmental organizations involved in electoral assistance.

The United Nations Democracy Fund (UNDEF) funds projects that empower civil society, promote human rights, and encourage the participation of all groups in democratic processes. Currently, for example, UNDEF finances projects to mobilize the youth for elections in Cte d'Ivoire, to engage men in promoting gender equality in Palestine, and to build a platform for citizen advocacy in elections in Brazil. Most of UNDEF funds go to local civil society organizations in countries in both the transition and consolidation phases of democratisation.

Since its creation in 2005, UNDEF has supported more than 900 projects in more than 130 countries, with a total amount of almost 250 million dollars. Applicants can request a grant between 100,000 US dollars and 300,000 US dollars. The Fund depends entirely on voluntary contributions from Member States. So far, it has been supported by over 40 Governments. The biggest donors are the United States, Sweden, Germany and India. External evaluations of completed projects are available on the UNDEF website.

The Secretary-General made working with and for young people one of his top priorities. He appointed the first Secretary-General's Envoy on Youth, mandated with the task of developing a UN Youth Strategy. The UN General Assembly in March 2015 adopted Education for Democracy, a resolution encouraging all UN entities to use education to promote peace, human rights, and democracy. The document encourages Member States to integrate education for democracy into their education standards.

The General Assembly proclaimed 15 September as the International Day of Democracy. The observance provides an opportunity to review the state of democracy in the world. Only with the full support of the international community, national governing bodies, civil society and individuals, can the ideal of democracy be realised to the benefit of all and everywhere.

These outlines are works in progress that have been developed by staff of the Center for Civic Education. They have not been widely reviewed by scholars and practitioners in the United States or other nations. The Center invites critical comments and suggestions for improvement addressed to:

This outline attempts to set forth the essential elements or characteristics of constitutional democracy. Democracy is government of, by, and for the people. It is government of a community in which all citizens, rather than favored individuals or groups, have the right and opportunity to participate. In a democracy, the people are sovereign. The people are the ultimate source of authority.

In a CONSTITUTIONAL DEMOCRACY the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected. This is the form of democracy practiced in Germany, Israel, Japan, the United States, and other countries.

This framework is intended to assist interested persons in various nations in establishing or improving curricular programs which foster an understanding of and support for constitutional democracy. The outline must be adapted to fit the circumstances and needs of individual political communities.

A. UNITARY, FEDERAL AND CONFEDERATE SYSTEMS. Unitary and federal systems are the most common ways of organizing constitutional democracies. There also are associations of states called confederations.

B. CHECKS AND BALANCES. These are constitutional mechanisms by which each branch of government shares power with the other branches so that no branch can become absolute. Each branch "checks" the others, because it is balanced against another source of power.

C. SEPARATION OF AND SHARING OF POWERS. All constitutional democracies use separation of powers as an important means of limiting the exercise of political power. This separation is typically among legislative, executive, and judicial functions. Although primary responsibility for each of these powers may be placed with one or more specific agencies or branches of government, other agencies and branches share the powers. For example, although one branch may have primary responsibility for creating laws, other branches may draft proposed laws, interpret their meaning, or manage disputes over them.

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