United Nations A/C.3/64/L.26/Rev.1 Distr.: Limited 18 November 2009 Original: English General Assembly Sixty-fourth session Third Committee Agenda item 69 (b) Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms Albania, Andorra, Argentina, Australia, Benin, Bosnia and Herzegovina, Botswana, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Dominican Republic, El Salvador, Estonia, France, Guatemala, Haiti, Hungary, Honduras, India, Indonesia, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Malawi, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro, New Zealand, Norway, Panama, Peru, Philippines, Republic of Korea, Republic of Moldova, Romania, Seychelles, Switzerland, the former Yugoslav Republic of Macedonia, Turkey, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America and Zambia: revised draft resolution Strengthening the role of the United Nations in enhancing periodic and genuine elections and the promotion of democratization The General Assembly, Reaffirming that democracy is 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, Reaffirming also that, while democracies share common features, there is no single model of democracy and that democracy does not belong to any country or region, and reaffirming further the necessity of due respect for sovereignty and the right to self-determination, Stressing that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing, Reaffirming further that Member States are responsible for organizing, conducting and ensuring free and fair electoral processes and that Member States, in the exercise of their sovereignty, may request that international organizations provide advisory services or assistance for strengthening and developing their 09-61326 (E) 191109 *0961326* A/C.3/64/L.26/Rev.1 electoral institutions and processes, including sending preliminary missions for that purpose, Recalling its previous resolutions on the subject, in particular resolution 62/150 of 18 December 2007, Reaffirming that United Nations electoral assistance and support for the promotion of democratization are provided only at the specific request of the Member State concerned, Noting with satisfaction that increasing numbers of Member States are using elections as a peaceful means of discerning the will of the people, which builds confidence in representational governance and contributes to greater national peace and stability, Recalling the Universal Declaration of Human Rights, adopted on 10 December 1948, 1 in particular the principle that the will of the people, as expressed through periodic and genuine elections, shall be the basis of government authority, as well as the right freely to choose representatives through 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, Reaffirming the International Covenant on Civil and Political Rights, 2 the Convention on the Elimination of All Forms of Discrimination against Women 3 and the International Convention on the Elimination of All Forms of Racial Discrimination, 4 in particular that citizens, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, have the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives and to vote and to be elected in genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors, Stressing the importance, generally and in the context of promoting fair and free elections, of respect for the freedom to seek, receive and impart information, in accordance with the International Covenant on Civil and Political Rights, and noting, in particular, the fundamental importance of access to information, and media freedom, Recognizing the need for strengthening democratic processes, electoral institutions and national capacity-building in requesting countries, including the capacity to administer fair elections, promote women's participation on equal terms with men, increase citizen participation and provide civic education in requesting countries in order to consolidate and regularize the achievements of previous elections and support subsequent elections, Noting the importance of ensuring orderly, open, fair and transparent democratic processes that preserve the right of peaceful assembly, __________________ 1 2 3 4 Resolution 217 A (III). Resolution 2200 A (XXI), annex. United Nations, Treaty Series, vol. 1249, No. 20378. Ibid., vol. 660, No. 9464. 2 09-61326 A/C.3/64/L.26/Rev.1 Noting further that the international community can contribute in creating conditions which could foster stability and security throughout the pre-election, election and post-election periods, in particular in transitional and post-conflict situations, Reiterating that transparency is a fundamental basis for free and fair elections, which contribute to the accountability of leaders to their citizens, which, in turn, is an underpinning of democratic societies, Acknowledging in this regard the importance of international election observation for the promotion of free and fair elections, and its contribution to enhancing the integrity of election processes, to promoting public confidence and electoral participation and to mitigating the potential for election-related disturbances, Acknowledging that extending invitations regarding international electoral assistance and/or observation is the sovereign right of Member States, and welcoming the decisions of those States that have requested such assistance and/or observation, Welcoming the support provided by Member States to the electoral assistance activities of the United Nations, inter alia, through the provision of electoral experts, including electoral commission staff, and observers, as well as through contributions to the United Nations Trust Fund for Electoral Assistance, the Democratic Governance Thematic Trust Fund and the United Nations Democracy Fund, Recognizing that electoral assistance, particularly through appropriate, sustainable and cost-effective electoral technology, supports the electoral processes of developing countries, Recognizing the coordination challenges posed by the multiplicity of actors involved in electoral assistance both inside and outside the United Nations, Welcoming also the contributions made by international and regional organizations and also by non-governmental organizations to enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization, 1. Welcomes the report of the Secretary-General; 5 Commends the electoral assistance provided upon request to Member 2. States by the United Nations, and requests that such assistance continue on a caseby-case basis in accordance with the evolving needs and legislation of requesting countries to develop, improve and refine their electoral institutions and processes, recognizing that the responsibility for organizing free and fair elections lies with Governments; Reaffirms that the electoral assistance provided by the United Nations 3. should continue to be carried out in an objective, impartial, neutral and independent manner; Requests the Under-Secretary-General for Political Affairs, in his role as 4. United Nations focal point for electoral assistance matters, to continue to inform Member States regularly about the requests received and the nature of any assistance provided; __________________ 5 A/64/304. 09-61326 3 A/C.3/64/L.26/Rev.1 5. Requests that the United Nations continue its efforts to ensure, before undertaking to provide electoral assistance to a requesting State, that there is adequate time to organize and carry out an effective mission for providing such assistance, including the provision of long-term technical cooperation, that conditions exist to allow a free and fair election and that the results of the mission will be reported comprehensively and consistently; Recommends that, throughout the time span of the entire electoral cycle, 6. including before and after elections, as appropriate, based on a needs assessment, and in accordance with the evolving needs of requesting Member States bearing in mind sustainability and cost-effectiveness, the United Nations continue to provide technical advice and other assistance to requesting States and electoral institutions in order to help to strengthen their democratic processes; Notes with appreciation the additional efforts being made to enhance 7. cooperation with other international, governmental and non-governmental organizations in order to facilitate more comprehensive and needs-specific responses to requests for electoral assistance, encourages those organizations to share knowledge and experience in order to promote best practices in the assistance they provide and in their reporting on electoral processes, and expresses its appreciation to those Member States, regional organizations and non-governmental organizations that have provided observers or technical experts in support of United Nations electoral assistance efforts; Acknowledges the aim of harmonizing the methods and standards of the 8. many inter-governmental and non-governmental organizations engaged in observing elections, and in this regard expresses appreciation for the Declaration of Principles for International Election Observation and the Code of Conduct for International Observers, which elaborate guidelines for international electoral observation; Recalls the establishment by the Secretary-General of the United Nations 9. Trust Fund for Electoral Assistance, and, bearing in mind that the Fund is currently close to depletion, calls upon Member States to consider contributing to the Fund; 10. Encourages the Secretary-General, through the United Nations focal point for electoral assistance matters and with the support of the Electoral Assistance Division of the Department of Political Affairs of the Secretariat, to continue responding to the evolving nature of requests for assistance and the growing need for specific types of medium-term expert assistance aimed at supporting and strengthening the existing capacity of the requesting Government, in particular by enhancing the capacity of national electoral institutions; 11. Requests the Secretary-General to provide the Electoral Assistance Division with adequate human and financial resources to allow it to carry out its mandate, including to enhance the accessibility and diversity of the roster of electoral experts and the Organization's electoral institutional memory, and to continue to ensure that the Office of the United Nations High Commissioner for Human Rights is able to respond, within its mandate and in close coordination with the Division, to the numerous and increasingly complex and comprehensive requests from Member States for advisory services; 12. Reiterates the need for ongoing comprehensive coordination, under the auspices of the United Nations focal point for electoral assistance matters, between the Electoral Assistance Division and the United Nations Development Programme 4 09-61326 A/C.3/64/L.26/Rev.1 and the Department of Peacekeeping Operations and the Department of Field Support of the Secretariat to ensure coordination and coherence and avoid duplication of United Nations electoral assistance, and encourages further engagement of the Office of the United Nations High Commissioner for Human Rights in this context; 13. Requests the United Nations Development Programme to continue its democratic governance assistance programmes in cooperation with other relevant organizations, in particular those that promote the strengthening of democratic institutions and linkages between civil society and Governments; 14. Reiterates the importance of reinforced coordination within and outside the United Nations system, and reaffirms the role of the United Nations focal point for electoral assistance in ensuring system-wide coherence and consistency and in strengthening the institutional memory and the development and dissemination of electoral policies; 15. Requests the Secretary-General to report to the General Assembly at its sixty-sixth session on the implementation of the present resolution, in particular on the status of requests from Member States for electoral assistance, and on his efforts to enhance support by the Organization for the democratization process in Member States. 09-61326 5