RES/28/14 Human rights, democracy and the rule of law

GE.A/HRC/22/29. 5-07379 (E)

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Human Rights Council Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

28/14 . Human rights, democracy and the rule of law

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights and the Vienna Declaration

and Programme of Action,

Reaffirming also the International Covenant on Economic, Social and Cultural

Rights and the International Covenant on Civil and Political Rights and other relevant

international human rights instruments,

Recalling the Millennium Declaration and all General Assembly resolutions on

democracy and the rule of law,

Reaffirming its resolution 19/36 of 23 March 2012 on human rights, democracy and

the rule of law, and relevant resolutions of the Commission on Human Rights,

Taking note of the study of the United Nations High Commissioner for Human

Rights of 20121 and the outcome of the panel discussion,See A/HRC/24/54. held on 11 June 2013 during the

twenty-third session of the Human Rights Council, both on the theme of common

challenges facing States in their efforts to secure democracy and the rule of law from a

human rights perspective,

Reaffirming that democracy is 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,

Bearing in mind that challenges to democracy arise in all democratic societies,

Acknowledging the fundamental importance of education and training for human

rights and democracy in contributing to the promotion, protection and effective realization

of all human rights,

Underlining that while States have the primary responsibility for safeguarding and

strengthening democracy and the rule of law, the United Nations has a critical role in

providing assistance and coordinating international efforts to support States, on their

request, in their democratization processes,

Urging States to acknowledge the important contribution of civil society and human

rights defenders to the promotion of human rights, democracy and the rule of law, and to

create a safe and enabling environment for their work,

Recognizing the value of a Human Rights Council forum for exchange, dialogue,

mutual understanding and cooperation on issues related to human rights, democracy and the

rule of law, in accordance with the principles and purposes of the Charter, and

acknowledging the importance of existing regional formats,

Stressing that human rights, democracy and the rule of law are interdependent and

mutually reinforcing, and in this regard taking note with interest of the report of the

Secretary-General on strengthening and coordinating United Nations rule of law activities,A/68/213/Add.1.

in which the Secretary-General addressed the ways and means of developing further the

linkages between the rule of law and the three main pillars of the United Nations: peace and

security, human rights and development,

1. Decides to establish a forum on human rights, democracy and the rule of law

to provide a platform for promoting dialogue and cooperation on issues pertaining to the

relationship between these areas; the Forum shall identify and analyse best practices,

challenges and opportunities for States in their efforts to secure respect for human rights,

democracy and the rule of law;

2. Expresses its expectation that the Forum will contribute to the efforts of the

Office of the United Nations High Commissioner for Human Rights to improve cooperation

among United Nations mechanisms, bodies and specialized agencies, funds and

programmes on activities related to the promotion of human rights, democracy and the rule

of law, including at the regional level;

3. Decides that the Forum shall be open to the participation of States, United

Nations mechanisms, bodies and specialized agencies, funds and programmes,

intergovernmental organizations, regional organizations and mechanisms in the field of

human rights, national human rights institutions and other relevant national bodies,

academics and experts and non-governmental organizations in consultative status with the

Economic and Social Council; the Forum shall also be open to other non-governmental

organizations whose aims and purposes are in conformity with the spirit, purposes and

principles of the Charter of the United Nations, based on arrangements, including

Economic and Social Council resolution 1996/31 of 25 July 1996, and practices observed

by the Human Rights Council through an open and transparent accreditation procedure in

accordance with the Rules of Procedure of the Council, which will provide for timely

information on the participation of and consultations with the States concerned;

4. Also decides that the Forum shall meet every two years for two working days

allocated to thematic discussions;

5. Requests the President of the Human Rights Council to appoint for each

session, on the basis of regional rotation, and in consultation with regional groups, a

chairperson of the Forum from candidates nominated by members and observers of the

Council; the chairperson, serving in his or her personal capacity, shall be responsible for the

preparation of a summary of the discussions of the Forum, to be made available to all its

participants;

6. Requests the High Commissioner to provide all the necessary support to

facilitate the convening of the Forum and the participation of relevant stakeholders from

every region in its meetings, paying particular attention to ensuring the broadest possible

and most equitable participation, with due regard to gender balance;

7. Requests the Secretary-General and the High Commissioner to provide the

Forum with all the services and facilities necessary to fulfil its mandate;

8. Decides that the theme of the first session of the Forum, to be held in 2016,

will be “Widening the democratic space: the role of youth in public decision-making”.

56th meeting

26 March 2015

[Adopted by a recorded vote of 35 to 0, with 12 abstentions. The voting was as follows:

In favour:

Albania, Argentina, Bangladesh, Botswana, Brazil, Congo, Côte d’Ivoire, El

Salvador, Estonia, France, Gabon, Germany, Ghana, India, Indonesia,

Ireland, Japan, Kazakhstan, Kenya, Latvia, Maldives, Mexico, Montenegro,

Morocco, Namibia, Netherlands, Pakistan, Paraguay, Portugal, Qatar,

Republic of Korea, Sierra Leone, the former Yugoslav Republic of

Macedonia, United Kingdom of Great Britain and Northern Ireland, United

States of America

Abstaining:

Algeria,* Bolivia (Plurinational State of), China, Cuba, Ethiopia, Nigeria,

Russian Federation, Saudi Arabia, South Africa, United Arab Emirates,

Venezuela (Bolivarian Republic of), Viet Nam]

* The delegation of Algeria subsequently stated that there had been an error in its voting and that it had

intended to vote in favour of the draft text.