State of Civil Society/The Way Forward Bringing citizens an assembly would be an innovative platform of states and governments reaffirmed "that for global multi-stakeholder participation democracy is a universal value based on the to the core: that, in particular, includes representatives of freely expressed will of people to determine The case for a civil society organisations (CSOs) in its work. their own political, economic, social and cultural systems and their full participation The rise of democracy in all aspects of their lives." In UN practice, Parliamentary the acceptance of democratic governance Assembly The rise of democracy has been one of principles is reflected particularly in its the most important developments of the programmes related to state reconstruction. Andreas Bummel 20th century. Today, democracy is almost From Somalia to Myanmar, the unquestioned universally recognised as the only legitimate assumption is that the state that is being While support for democracy as a form of form of government. There are different reinforced is a democratic state. government has become almost universal, understandings of what democracy is, people are dissatisfied with how democracy and it comes in many different forms, but As assessments of empirical studies works in practice. One reason is that globali- nonetheless, international law and human conducted over the last decades show, sation is perceived to erode national demo- rights norms suggest some fundamental public dissatisfaction with the performance cratic institutions. Global interdependence minimum requirements. Article 21 of the of democracy is not to be confused with a and global challenges increase the need of Universal Declaration of Human Rights of rejection of democracy as an ideal form of global coordination, regulation and manage- 1948, for example, states that "the will of government. With average approval rates ment. In the process, agenda-setting and the people shall be the basis of the authority of up to around 90 percent, support for the decision-making on important political issues of government" and that this will "shall be abstract idea of democratic governance has been shifting to the global level. Global expressed in periodic and genuine elections" proves overwhelming throughout the world. intergovernmental institutions, however, pro- which shall be held by universal and equal It is no contradiction that at the same time vide little, if any, opportunities for democratic suffrage and secret vote. Article 25 of the there can be deep scepticism with regard to participation. The resulting democratic defi- International Covenant on Civil and Political how democracy actually works. This tension cit could be reduced if the widely recognised Rights, which entered into force in 1976, between public democratic aspirations and principles of democratic governance and rep- and which has been ratified by 167 states, satisfaction constitutes what could be called resentation were not limited to national gov- provides that every citizen shall have "the a democratic deficit.2 ernance but also applied at the global level. A right and the opportunity" to take part in key instrument to do so is the establishment such elections as well as "in the conduct The democratic deficit in of a United Nations Parliamentary Assem- of public affairs, directly or through freely global governance bly, which would bring together elected rep- chosen representatives." As early as 1992, it resentatives in a formal body designed to was argued that there is an "emerging right Ten years ago, the UN Secretary-General's strengthen the participation of citizen repre- to democratic governance."1 At the 2005 Panel of Eminent Persons on United Nations- sentatives at the United Nations (UN). Such World Summit of the United Nations, heads Civil Society Relations identified "deficits of 195 State of Civil Society / The Way Forward

democracy in global governance." The pan- could be made that at least democratic gov- contrast to elected representatives or CSOs, el's assessment was quite to the point, and ernments that appoint these officials have a multinational corporations and their industry it is still valid. In its report the panel declared political mandate to do so, the reality remains associations are often granted access and that "one of the key principles of represent- that diplomats and negotiators are unelected consulted in international negotiations. It ative democracy is connecting citizens to and that the constituents of the political has been argued that shifting policy-making the decisions that affect them and ensuring opposition are not represented. Intergovern- to the international level is not always driven public accountability for those decisions." mental bodies thus are largely disconnected by pure necessity, but also by the intention However, it argued that "representative from democratic oversight, participation and of governments to limit domestic public democracy remains essentially national and deliberation. International treaty negotia- interference and discussion.4 local" and that "elected legislators and par- tions in particular are often conducted in liaments seem to have little impact total secrecy. Recent examples of The democratic deficit in global governance on decisions made intergov- this are the negotiations on is not only caused by the detached nature ernmentally." According to a so-called Anti-Counter- of intergovernmental processes but also the panel, the dissatis- feiting Trade Agreement, by dissatisfaction with the outcomes. faction with the perfor- which was fortunately International opinion research carried out mance of democracy rejected by the Euro- over the last decade shows that the world's is strongly linked to pean in citizenry as a whole is more receptive to "the perception that 2012, or the efforts for global solutions than those offered by their traditional forms of a Trans-Pacific Part- own national governments. Majorities in representation are less nership and a Transat- most countries, for example, support: a relevant in this age of lantic Trade and Invest- strong regulation of the arms trade; an globalization."3 Indeed, ment Partnership. international responsibility to protect people global interdependence of from severe human rights abuses by their economic, financial and tech- Citizens, civil society, and own government; the elimination of all nological systems, as well as global elected representatives have nuclear weapons (something supported challenges such as climate change, increase very few ways to be involved and seldom by citizens of the nuclear powers); more the need for global coordination, regula- are able to exercise much influence. Even if government spending to fight hunger and tion and management. Agenda-setting and intergovernmental processes might be open to severe poverty in the world; and higher decision-making on important policies are participation, the resources required to do so prioritisation of climate change.5 Perhaps shifting to the UN and its specialised institu- effectively are often prohibitive. Multinational there is a connection between the slow tions, as well as to international fora such as corporations, by contrast, do have the international progress on these matters and the G8 and the G20. The decisions of these financial capabilities to pursue their interests, the exclusive and undemocratic character of bodies are prepared by highly inaccessible for example, at bodies such as the Codex global governance. officials appointed by the executive branches Alimentarius Commission, which determines of national governments. While the point international food standards. Remarkably, by 196 State of Civil Society/The Way Forward

The right to democratic and accountable international institutions to build international political pressure even global governance in all areas of cooperation", as well as "the if they do not possess strong formal powers. right to equitable participation of all, without Not at last because of the stir caused by this The essence of democratic governance, as any discrimination, in domestic and global inquiry, United States President George W. affirmed in the Universal Declaration of Human decision-making."6 Democratic governance Bush finally had to acknowledge in September Rights and the International Covenant on Civil in the international order must necessarily 2006 that such camps did indeed exist. and Political Rights, means that those who are entail the extension of parliamentary affected by a decision need to have a chance representation – which is the best expression A United Nations to influence it, at least through freely elected of ‘the will of the people’ – to the global level. Parliamentary Assembly representatives. The argument that decision- making at the global level should remain At the level of regional intergovernmental The idea of a democratically elected the purview of the executive branches of organisations the principle of involving international parliament is not new. It has national governments is dangerous nonsense. elected representatives is largely recognised, a long history that can be traced back to It is an antiquated remnant from times when and many of them have parliamentary the time of the French Revolution at the most important decisions were made at the bodies. The most developed supranational end of the 18th century. One early proposal national level and when it was still possible parliamentary institution is the directly for the establishment of a United Nations to distinguish between foreign and domestic elected , but there's Parliamentary Assembly (UNPA) was put affairs. Those times are long gone. also the Pan-African Parliament, the Arab forward in 1949. After the end of the Cold War Parliament, the Parliament of , the the idea developed some momentum, and in The right to democratic governance is and the parliamentary 2007 parliamentarians and CSOs launched the indivisible and cannot be limited to the assemblies of the , the Campaign for a UN Parliamentary Assembly national level. Otherwise it would be unduly Organisation for Security and Cooperation to coordinate and strengthen their efforts eroded when decision-making effectively in Europe (OSCE) and the North Atlantic internationally. shifts to the global sphere, and indeed, this Treaty Organisation (NATO), to name just a is exactly what is happening. Article 28 of the few. While their powers differ widely and are A UNPA would have the main purpose of Universal Declaration states that "everyone in many cases still evolving, the UN, a key giving elected representatives of the world's is entitled to a social and international order institution of global governance and one of citizens an immediate voice in political in which the rights and freedoms set forth the most important promoters of democracy negotiations and decision-making in global in this Declaration can be fully realized." In in the world, does not even have such a body. intergovernmental organisations. With its a remarkable resolution adopted by a two- As the special inquiry of the Parliamentary members directly elected or appointed from thirds majority, the UN General Assembly in Assembly of the Council of Europe (PACE) into among national or regional , December 2013 stated, among other things, secret Central Intelligence Agency detention thereby reflecting their political diversity, the "that everyone is entitled to a democratic camps in Europe in 2005-2006 demonstrates, assembly would improve global governance and equitable international order" and that international parliamentary assemblies have by adding a democratic and independent this involves "transparent, democratic, just the potential to create public awareness and complement to existing intergovernmental 197 State of Civil Society / The Way Forward

bodies. The members of the UNPA would UN-led negotiations on an equal footing with elected representatives would have an group according to political affiliation rather UN member states. Even if the UNPA was unprecedented platform at their disposal than by national origin, and thus would only an advisory body at the beginning, its to work together and to achieve further transcend one-dimensional national interests. recommendations and proposals would carry transformations of global governance. Unlike government-appointed officials and significant moral weight and could pressure Proponents of a UNPA believe that the diplomats, UNPA representatives would not national governments to adopt programmes assembly would be a key catalyst for reform be subject to the authority of government and solutions that deliver better outcomes in and systemic change. A wide range of issues executives. the common global interest. could be addressed and pushed in this unique new framework, including, for instance, A UNPA initially could be set up by a vote of While this is what might be expected, the reform of the UN Security Council and the UN General Assembly under Article 22 drawing on examples of existing international of international financial institutions, the of the UN Charter. Alternatively, it could be parliamentary institutions, a UNPA should strengthening of the International Court created on the basis of a new international also include important innovations. Plenary of Justice, the establishment of a World treaty between governments. This means decisions of the international campaign Environment Organisation, the creation of that a cumbersome amendment of the UN increasingly reflect an understanding a Global Fund for Social Protection or a UN Charter, which would require the approval of a UNPA as a ‘network of networks’, a Ombudsperson for Future Generations. of the five permanent members of the UN body that would facilitate greater multi- Security Council, is not required. Under this stakeholder participation. While the UNPA's Recent developments and condition, a UNPA still could be vested with elected representatives would constitute recommended actions all rights and powers that the UN General the formal democratic core, the assembly Assembly has. Among other things, it has been needs to provide for strong and efficient In 2013, the UN's Independent Expert on the suggested that a UNPA should have the right ways that allow CSOs, local authorities and Promotion of an Equitable and Democratic to put questions to the UN Secretary-General indigenous peoples and nations, among International Order, Alfred de Zayas, and other senior officials; to hold readings on others, to be included as well. In addition, endorsed the establishment of a UNPA. In draft resolutions of UN bodies, including the the campaign believes that innovative forms a report to the UN Human Rights Council right to suggest amendments; to pass its own of civic participation could also be explored, he recommended that the Council should resolutions and reports; to co-decide on the including models of electronic direct or liquid consider assigning to its Advisory Committee adoption of the regular budgets of the UN democracy7 that allow citizens to participate a study on how a UNPA may advance genuine and its specialised agencies; to participate in deliberations or to influence decision- participation.8 In a subsequent report to in the election of the UN Secretary-General making processes in a UNPA. the General Assembly he suggested that and other top officials; to alert the UN the assembly may consider convening a Security Council on situations; or to submit By assisting the establishment of a UNPA, conference to discuss the creation of a legal questions to the International Court civil society would help create its own best UNPA.9 The General Assembly, as well as of Justice. In addition, UNPA delegations ally in the system of global governance. the Human Rights Council, will continue should have the right to participate in International civil society and like-minded considering the topic of an "equitable 198 State of Civil Society/The Way Forward

and democratic international order." This Finally, in 2013 grassroots activists launched 1T Franck, The Emerging Right to Democratic Governance, 1992 provides opportunities for advancing the a Global Week of Action for a World The American Journal of International Law 86, pg 46. goal of a UNPA inside the UN system. Parliament that will now take place annually, 2P Norris, Democratic Deficit: Critical Citizens Revisited (Cam- each October. The idea is that there is one bridge: Cambridge University Press, 2011), pg 92. CIVICUS, its affiliated organisations around week each year during which there is a We the Peoples: Civil society, the United Nations and Global Governance, Panel of Eminent Persons on United Nations-Civil the world and civil society at large should principled and coordinated international call Society Relations, UN Doc. A/58/817, 11 June 2004, para. 7-9, consider joining the international campaign "for the establishment of a World Parliament available at: http://www.globalpolicy.org/images/pdfs/0611re- port.pdf. for a UNPA and endorsing the campaign's that will give real representation to all international appeal.10 CSOs should urge citizens." Last year, a few dozen events and 3K Wolf, The New Raison d’État as a Problem for Democracy in World Society, (1999) European Journal of International Rela- governments and parliaments to support actions took place around the world, and the tions 5(3), 333. the recommendations put forward by the coordination team hopes that participation 4S Kull, Listening to the Voice of Humanity, (2010) Spring-Sum- Independent Expert and emphasise the will grow continuously over time. CSOs mer Kosmos Journal 26, pg 27. need for any UN-led effort to study the and groups of any kind that support global 5Promotion of a democratic and equitable international order, proposal of a UNPA to be inclusive and democratisation are encouraged to use the United Nations General Assembly, UN Doc A/RES/68/175, 18 December 2013, available at: http://www.un.org/en/ga/search/ involve consultations with CSOs. week of action as an occasion to organise view_doc.asp?symbol=A/RES/68/175. activities. 6The idea behind liquid democracy is a mixture between direct In the deliberations on a post-2015 devel- and representative democracy that allows for participants to opment agenda, it should be stressed that decide on issues directly and at the same time enables them to More information: delegate votes if they wish to do so. sustaining a multi-stakeholder consensus for shared global goals is a key function that a Campaign for a UN Parliamentary Assembly 7A Zayas, Report of the Independent Expert on the promotion of a democratic and equitable international order, UN Doc. A/ UNPA could provide, in addition to reinforc- www.unpacampaign.org HRC/24/38, 1 July 2013, para. 57(d), available at: http://www. ing accountability and bringing global govern- ohchr.org/Documents/Issues/IntOrder/A-HRC-24-38_en.pdf. ance, in the pursuit of post-2015 development Global Week of Action for a World Parliament 8A Zayas, Promotion of a democratic and equitable interna- tional order, UN Doc. A/68/284, 7 August 2013, para. 69(o), goals, closer to those directly affected. Global www.worldparliamentnow.org available at: http://www.ohchr.org/Documents/Issues/In- civil society already encourages that the post- tOrder/A-68-284_en.pdf.

2015 framework should "incorporate targets 9Appeal for the Establishment of a Parliamentary Assembly at on the reform and democratization of global the United Nations, Campaign for the Establishment of a United Nations Parliamentary Assembly, April 2007, available at: http:// institutions." This was one of the points result- en.unpacampaign.org/appeal/en.pdf or http://en.unpacam- ing from a series of international deliberations paign.org/appeal/. of civil society conducted under the auspices 10National Deliberations: A Synthesis Report, Beyond 2015, of Beyond 2015 and the Global Call to Action March 2013, available at: http://www.beyond2015.org/news/ national-deliberations-synthesis-report. Against Poverty.11 The establishment of a 11Let the People Decide – World Parliament Now!, Announce- UNPA should be identified as a key goal in this ment of the Global Week of Action for a World Parliament, 17-24 broader democratisation agenda. October 2013, available at: http://www.worldparliamentnow. org/files/announcement_EN.pdf.

199 State of Civil Society / From Rio+20 to Beyond 2015

PHOTO CREDITS

Zubair Sayed, page 70 Alessandro Casagrande, page 74 Jaclyn D. Streitfeld-Hall, page 86 Zubair Sayed, page 95 Push Europe, page 98 Institute for Justice and Democracy, page100 United Nations, page 102 Institute for Justice and Democracy, page 103 Frédéric BISSON, page 108 United Nations- Mission in Darfur, page 113 Bahrain Ministry of Foreign Affairs, page 118 (Cecilia) Hua, page 120 International Federation of (Action by Christians for the Abolition of Torture), page 126 Daniel Cima, page 129 Comisión Interamericana de Derechos Humanos, page 130 Commonwealth Secretariat, page 134 Gnangarra, page 136 Drew M, page 140 Sheena Rossiter, page 143 Nick Buxton, page 147 Fora do Eixo, page 156 CIVICUS, page 159 Africa Renewal, page 163 Joëlle T, page 165 All Hands Volunteers, page 168 United Nations Economic and Social Council, page 175 Holly Watta, page 182 United Nations Development Programme, page 185 WiMox via Wikimedia Commons, page 196

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