Although there is no single universally agreed and binding definition of democracy, it is considered by the United Nations as “a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives”.[i] International discourse also indicates that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.[ii] Moreover, the Universal Declaration of Human Rights (UDHR) reiterates the concept of democracy, stipulating that “the will of the people shall be the basis of the authority of government, which shall be expressed in periodic and genuine elections”[iii] and guaranteeing everyone “the right to take part in the government of one’s country, directly or through freely chosen representatives…”.[iv] On the other hand, the International Covenant on Economic, Social and Cultural Rights (ICESCR) further guarantees people’s right to freely determine their political status and pursue their economic, social and cultural development.[v] It provides that popular participation is required at all stages, including the formulation, application and review of national policies.[vi] Similarly, the African Charter on Human and People’s Rights (ACHPR) reiterated people’s right to peace and security and the freedom of association, assembly, expression and access to information[vii] as essential rights in a democratic society.
All of these illustrations are attempts to define democracy by international and continental institutions and human rights instruments. The illustrations are limited to certain features of democracy, featuring a government based on the will of the people, elections, human rights, socio-economic and cultural development, and public participation. However, the 2007 African Charter on Democracy, Elections and Governance (ACDEG) further enunciated broader aspects of democratic principles and practices, including the rule of law, constitutional exercise of state power, separation of power, democratic pluralism, gender equality, effective citizen participation, transparent, fair and responsive governance.[viii] Moreover, the charter expressed the interdependence of the political, economic and social governance in democracy,[ix] consolidating a culture of democracy and peace.[x]
In democratic governance, the government is the major actor in policy and decision-making institutions and processes. However, as duly noted by the United Nations General Assembly (UNGA), democracy is a holistic concept that “encompasses the procedural and the substantive; formal institutions and informal processes; majorities and minorities; men and women; governments and civil society; the political and the economic; at the national and the local levels.”[xi] Hence, different democratic actors participate and influence the process and the decisions, including Civil Society Organizations (CSOs) and other community-based organisations, media, academicians, trade unions, religious and cultural leaders, and the private sector.
Moreover, ACDEG further stresses the need for effective participation of citizens in democratic and development processes and governance of public affairs[xii] and the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs.[xiii] It urges member states to create conducive conditions for CSOs to exist and operate within the law.[xiv]
Based on these understandings, HCD regards democracy as a process and an outcome encompassing the overall democratic structures, as articulated in ACDEG, including civic participation in its many formations, good governance, human rights, the rule of law, accountability, peace and security.
[i]UN General Assembly.(2007).UN Guidance Note of the UN Secretary-General on Democracy.[GA Res A/RES/62/7]. Retrieved from https://www.un.org/democracyfund/sites/www.un.org.democracyfund/files/un_sg_guidance_note_on_democracy.pdf
[ii] Ibid.
[iii] UN General Assembly.(1948).Universal Declaration of Human Rights.[217 A (III)].Art. 21. Retrieved from https://www.refworld.org/docid/3ae6b3712c.html
[iv]Id., Art. 25.
[v]UN General Assembly.(1966).International Covenant on Economic, Social and Cultural Rights, UN Treaty Series.[vol. 993].p. 3. Retrieved from https://www.refworld.org/docid/3ae6b36c0.html
[vi]UN Commission on Human Rights.(1987).Note verbale dated 5 December 1986 from the Permanent Mission of the Netherlands to the United Nations Office at Geneva addressed to the Centre for Human Rights (“Limburg Principles”).[E/CN.4/1987/17]. Retrieved from https://www.refworld.org/docid/48abd5790.html
[vii]Organization of African Unity.(OAU).(1981).African Charter on Human and Peoples’ Rights(“Banjul Charter”).Art. 9.10.11.13.[CAB/LEG/67/3 rev. 5, 21 I.L.M. 58].Retrieved from https://au.int/sites/default/files/treaties/36390-treaty-0011_-_african_charter_on_human_and_peoples_rights_e.pdf
[viii]African Union.(2007).African Charter on Democracy, Elections and Governance.Art.2.Retrieved from https://au.int/sites/default/files/treaties/36384-treaty-african-charter-on-democracy-and-governance.pdf
[ix] Id.,Art. 27 and the following provisions.
[x] Id.,Art. 11 and the following provisions.
[xi] UN GA.(2007).UN Guidance Note of the UN Secretary-General on Democracy.[GA Res A/RES/62/7]. Retrieved from https://www.un.org/democracyfund/sites/www.un.org.democracyfund/files/un_sg_guidance_note_on_democracy.pdf
[xii] African Union.(2007).Supra note viii, Art. 3(7)
[xiii] Id.Art.2(10).
[xiv] Id.,Art.12.
