International law is integral to the support of democratic governance and genuine elections. Human rights treaties safeguard crucial democratic pillars such as the rule of law, freedom of the press, transparency, and accountability in public administration. UN General Assembly resolution 59/201 (2005) and the International Covenant on Civil and Political Rights (ICCPR) affirm these fundamental aspects, providing a nearly universal framework for democratic standards.
The ICCPR, particularly Article 25, guarantees the right to participate in public affairs and ensures equal suffrage, serving as the cornerstone of democratic governance. It also underpins the separation of powers, accountability, and transparency. However, despite its comprehensive nature, the ICCPR has several shortcomings and ambiguities. Our report explores these gaps and provides actionable recommendations to address them, potentially through new or revised General Comments by the United Nations Human Rights Committee (HRC).
Our detailed analysis reveals that international law provides fairly detailed guidance on electoral processes, recognizing the 12 essential elements of the electoral cycle, from legal frameworks to election observation. Yet, ambiguities and gaps persist. For instance, international law is often silent on issues like campaign finance and the role of domestic election observers. Addressing these gaps would help establish a more precise legal framework for democratic governance and elections.
We offer an accessible overview of state obligations to organise democratically and conduct genuine elections. The documents include a table matrix summarising relevant obligations, highlighting existing ambiguities, and providing recommendations on how to address them. Using traffic light symbols, the table evaluates whether international law largely, partially, or inadequately covers specific issues.
For a thorough understanding, download our comprehensive report and our policy paper. These documents delve into state obligations under international law, identify gaps, and offer practical recommendations for improvement.
This was made possible by the generous support of the Federal Department of Foreign Affairs of Switzerland, the Irish Aid Civil Society Fund, and the Bedford Falls Foundation. It reflects the collaborative efforts of Democracy Reporting International and The Carter Center, building upon ongoing initiatives to uphold democratic standards worldwide.