{"id":5044,"date":"2019-11-15T20:46:22","date_gmt":"2019-11-15T20:46:22","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=5044"},"modified":"2019-11-15T20:51:19","modified_gmt":"2019-11-15T20:51:19","slug":"general-comment-no-25-the-right-to-participate-in-public-affairs-voting-rights-and-the-right-of-equal-access-to-public-service","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=5044","title":{"rendered":"General Comment No. 25-The right to participate in public affairs, voting rights and the right of equal access to public service"},"content":{"rendered":"

Convention Abbreviation: CCPR<\/strong>
\nGENERAL COMMENT 25<\/strong>
\nThe right to participate in public affairs, voting rights and<\/strong>
\nthe right of equal access to public service<\/strong>
\n(Article 25)<\/strong><\/h4>\n

Adopted by the Committee at its 1510th meeting (fifty-seventh session) on 12 July 1996. The<\/strong>
\nnumber in parenthesis indicates the session at which the general comment was adopted.<\/strong>
\n1. Article 25 of the Covenant recognizes and protects the right of every citizen to take part in the
\nconduct of public affairs, the right to vote and to be elected and the right to have access to public
\nservice. Whatever form of constitution or government is in force, the Covenant requires States to
\nadopt such legislative and other measures as may be necessary to ensure that citizens have an
\neffective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic
\ngovernment based on the consent of the people and in conformity with the principles of the
\nCovenant.<\/p>\n

2. The rights under article 25 are related to, but distinct from, the right of peoples to self-determination.
\nBy virtue of the rights covered by article 1 (1), peoples have the right to freely
\ndetermine their political status and to enjoy the right to choose the form of their constitution or
\ngovernment. Article 25 deals with the right of individuals to participate in those processes which
\nconstitute the conduct of public affairs. Those rights, as individual rights, can give rise to claims
\nunder the first Optional Protocol.<\/p>\n

3. In contrast with other rights and freedoms recognized by the Covenant (which are ensured to
\nall individuals within the territory and subject to the jurisdiction of the State), article 25 protects
\nthe rights of “every citizen”. State reports should outline the legal provisions which define
\ncitizenship in the context of the rights protected by article 25. No distinctions are permitted
\nbetween citizens in the enjoyment of these rights on the grounds of race, colour, sex, language,
\nreligion, political or other opinion, national or social origin, property, birth or other status.
\nDistinctions between those who are entitled to citizenship by birth and those who acquire it by
\nnaturalization may raise questions of compatibility with article 25. State reports should indicate
\nwhether any groups, such as permanent residents, enjoy these rights on a limited basis, for
\nexample, by having the right to vote in local elections or to hold particular public service
\npositions.<\/p>\n

4. Any conditions which apply to the exercise of the rights protected by article 25 should be
\nbased on objective and reasonable criteria. For example, it may be reasonable to require a higher
\nage for election or appointment to particular offices than for exercising the right to vote, which
\nshould be available to every adult citizen. The exercise of these rights by citizens may not be
\nsuspended or excluded except on grounds which are established by law and which are objective
\nand reasonable. For example, established mental incapacity may be a ground for denying a
\nperson the right to vote or to hold office.<\/p>\n

5. The conduct of public affairs, referred to in paragraph (a), is a broad concept which relates to
\nthe exercise of political power, in particular the exercise of legislative, executive and
\nadministrative powers. It covers all aspects of public administration, and the formulation and
\nimplementation of policy at international, national, regional and local levels. The allocation of
\npowers and the means by which individual citizens exercise the right to participate in the conduct
\nof public affairs protected by article 25 should be established by the constitution and other laws.<\/p>\n

6. Citizens participate directly in the conduct of public affairs when they exercise power as
\nmembers of legislative bodies or by holding executive office. This right of direct participation is
\nsupported by paragraph (b). Citizens also participate directly in the conduct of public affairs
\nwhen they choose or change their constitution or decide public issues through a referendum or
\nother electoral process conducted in accordance with paragraph (b). Citizens may participate
\ndirectly by taking part in popular assemblies which have the power to make decisions about local
\nissues or about the affairs of a particular community and in bodies established to represent
\ncitizens in consultation with government. Where a mode of direct participation by citizens is
\nestablished, no distinction should be made between citizens as regards their participation on the
\ngrounds mentioned in article 2, paragraph 1, and no unreasonable restrictions should be imposed.<\/p>\n

7. Where citizens participate in the conduct of public affairs through freely chosen
\nrepresentatives, it is implicit in article 25 that those representatives do in fact exercise
\ngovernmental power and that they are accountable through the electoral process for their exercise
\nof that power. It is also implicit that the representatives exercise only those powers which are
\nallocated to them in accordance with constitutional provisions. Participation through freely
\nchosen representatives is exercised through voting processes which must be established by laws
\nthat are in accordance with paragraph (b).
\n8. Citizens also take part in the conduct of public affairs by exerting influence through public
\ndebate and dialogue with their representatives or through their capacity to organize themselves.
\nThis participation is supported by ensuring freedom of expression, assembly and association.<\/p>\n

9. Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take
\npart in the conduct of public affairs as voters or as candidates for election. Genuine periodic
\nelections in accordance with paragraph (b) are essential to ensure the accountability of
\nrepresentatives for the exercise of the legislative or executive powers vested in them. Such
\nelections must be held at intervals which are not unduly long and which ensure that the authority
\nof government continues to be based on the free expression of the will of electors. The rights and
\nobligations provided for in paragraph (b) should be guaranteed by law.<\/p>\n

10. The right to vote at elections and referenda must be established by law and may be subject
\nonly to reasonable restrictions, such as setting a minimum age limit for the right to vote. It is
\nunreasonable to restrict the right to vote on the ground of physical disability or to impose literacy,
\neducational or property requirements. Party membership should not be a condition of eligibility
\nto vote, nor a ground of disqualification.<\/p>\n

11. States must take effective measures to ensure that all persons entitled to vote are able to
\nexercise that right. Where registration of voters is required, it should be facilitated and obstacles
\nto such registration should not be imposed. If residence requirements apply to registration, they
\nmust be reasonable, and should not be imposed in such a way as to exclude the homeless from
\nthe right to vote. Any abusive interference with registration or voting as well as intimidation or
\ncoercion of voters should be prohibited by penal laws and those laws should be strictly enforced.
\nVoter education and registration campaigns are necessary to ensure the effective exercise of
\narticle 25 rights by an informed community.<\/p>\n

12. Freedom of expression, assembly and association are essential conditions for the effective
\nexercise of the right to vote and must be fully protected. Positive measures should be taken to
\novercome specific difficulties, such as illiteracy, language barriers, poverty, or impediments to
\nfreedom of movement which prevent persons entitled to vote from exercising their rights
\neffectively. Information and materials about voting should be available in minority languages.
\nSpecific methods, such as photographs and symbols, should be adopted to ensure that illiterate
\nvoters have adequate information on which to base their choice. States parties should indicate in
\ntheir reports the manner in which the difficulties highlighted in this paragraph are dealt with.<\/p>\n

13. State reports should describe the rules governing the right to vote, and the application of
\nthose rules in the period covered by the report. State reports should also describe factors which
\nimpede citizens from exercising the right to vote and the positive measures which have been
\nadopted to overcome these factors.<\/p>\n

14. In their reports, States parties should indicate and explain the legislative provisions which
\nwould deprive citizens of their right to vote. The grounds for such deprivation should be
\nobjective and reasonable. If conviction for an offence is a basis for suspending the right to vote,
\nthe period of such suspension should be proportionate to the offence and the sentence. Persons
\nwho are deprived of liberty but who have not been convicted should not be excluded from
\nexercising the right to vote.<\/p>\n

15. The effective implementation of the right and the opportunity to stand for elective office
\nensures that persons entitled to vote have a free choice of candidates. Any restrictions on the
\nright to stand for election, such as minimum age, must be justifiable on objective and reasonable
\ncriteria. Persons who are otherwise eligible to stand for election should not be excluded by
\nunreasonable or discriminatory requirements such as education, residence or descent, or by
\nreason of political affiliation. No person should suffer discrimination or disadvantage of any kind
\nbecause of that person’s candidacy. States parties should indicate and explain the legislative
\nprovisions which exclude any group or category of persons from elective office.<\/p>\n

16. Conditions relating to nomination dates, fees or deposits should be reasonable and not
\ndiscriminatory. If there are reasonable grounds for regarding certain elective offices as
\nincompatible with tenure of specific positions (e.g. the judiciary, high-ranking military office,
\npublic service), measures to avoid any conflicts of interest should not unduly limit the rights
\nprotected by paragraph (b). The grounds for the removal of elected office holders should be
\nestablished by laws based on objective and reasonable criteria and incorporating fair procedures.<\/p>\n

17. The right of persons to stand for election should not be limited unreasonably by requiring
\ncandidates to be members of parties or of specific parties. If a candidate is required to have a
\nminimum number of supporters for nomination this requirement should be reasonable and not act
\nas a barrier to candidacy. Without prejudice to paragraph (1) of article 5 of the Covenant,
\npolitical opinion may not be used as a ground to deprive any person of the right to stand for
\nelection.<\/p>\n

18. State reports should describe the legal provisions which establish the conditions for holding
\nelective public office, and any limitations and qualifications which apply to particular offices.
\nReports should describe conditions for nomination, e.g. age limits, and any other qualifications
\nor restrictions. State reports should indicate whether there are restrictions which preclude persons
\nin public-service positions (including positions in the police or armed services) from being
\nelected to particular public offices. The legal grounds and procedures for the removal of elected
\noffice holders should be described.<\/p>\n

19. In conformity with paragraph (b), elections must be conducted fairly and freely on a periodic
\nbasis within a framework of laws guaranteeing the effective exercise of voting rights. Persons
\nentitled to vote must be free to vote for any candidate for election and for or against any proposal
\nsubmitted to referendum or plebiscite, and free to support or to oppose government, without
\nundue influence or coercion of any kind which may distort or inhibit the free expression of the
\nelector’s will. Voters should be able to form opinions independently, free of violence or threat of
\nviolence, compulsion, inducement or manipulative interference of any kind. Reasonable
\nlimitations on campaign expenditure may be justified where this is necessary to ensure that the
\nfree choice of voters is not undermined or the democratic process distorted by the
\ndisproportionate expenditure on behalf of any candidate or party. The results of genuine elections
\nshould be respected and implemented.<\/p>\n

20. An independent electoral authority should be established to supervise the electoral process
\nand to ensure that it is conducted fairly, impartially and in accordance with established laws
\nwhich are compatible with the Covenant. States should take measures to guarantee the
\nrequirement of the secrecy of the vote during elections, including absentee voting, where such a
\nsystem exists. This implies that voters should be protected from any form of coercion or\u00a0compulsion to disclose how they intend to vote or how they voted, and from any unlawful or arbitrary interference with the voting process. Waiver of these rights is incompatible with article 25 of the Covenant. The security of ballot boxes must be guaranteed and votes should be counted
\nin the presence of the candidates or their agents. There should be independent scrutiny of the
\nvoting and counting process and access to judicial review or other equivalent process so that
\nelectors have confidence in the security of the ballot and the counting of the votes. Assistance
\nprovided to the disabled, blind or illiterate should be independent. Electors should be fully
\ninformed of these guarantees.<\/p>\n

21. Although the Covenant does not impose any particular electoral system, any system
\noperating in a State party must be compatible with the rights protected by article 25 and must
\nguarantee and give effect to the free expression of the will of the electors. The principle of one
\nperson, one vote, must apply, and within the framework of each State’s electoral system, the vote
\nof one elector should be equal to the vote of another. The drawing of electoral boundaries and the
\nmethod of allocating votes should not distort the distribution of voters or discriminate against
\nany group and should not exclude or restrict unreasonably the right of citizens to choose their
\nrepresentatives freely.<\/p>\n

22. State reports should indicate what measures they have adopted to guarantee genuine, free and
\nperiodic elections and how their electoral system or systems guarantee and give effect to the free
\nexpression of the will of the electors. Reports should describe the electoral system and explain
\nhow the different political views in the community are represented in elected bodies. Reports
\nshould also describe the laws and procedures which ensure that the right to vote can in fact be
\nfreely exercised by all citizens and indicate how the secrecy, security and validity of the voting
\nprocess are guaranteed by law. The practical implementation of these guarantees in the period
\ncovered by the report should be explained.<\/p>\n

23. Subparagraph (c) of article 25 deals with the right and the opportunity of citizens to have access on general terms of equality to public service positions. To ensure access on general terms of equality, the criteria and processes for appointment, promotion, suspension and dismissal must be objective<\/p>\n

24. and reasonable. Affirmative measures may be taken in appropriate cases to ensure that there is equal access to public service for all citizens. Basing access to public service on equal opportunity and general principles of merit, and providing secured tenure, ensure that persons holding public service positions are free from political interference or pressures. It is of particular importance to ensure that persons do not suffer discrimination in the exercise of their rights under article 25, subparagraph (c), on any of the grounds set out in article 2, paragraph 1.<\/p>\n

25. In order to ensure the full enjoyment of rights protected by article 25, the free communication
\nof information and ideas about public and political issues between citizens, candidates and
\nelected representatives is essential. This implies a free press and other media able to comment on
\npublic issues without censorship or restraint and to inform public opinion. It requires the full
\nenjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant,
\nincluding freedom to engage in political activity individually or through political parties and
\nother organizations, freedom to debate public affairs, to hold peaceful demonstrations and
\nmeetings, to criticize and oppose, to publish political material, to campaign for election and to
\nadvertise political ideas<\/p>\n

26. The right to freedom of association, including the right to form and join organizations and
\nassociations concerned with political and public affairs, is an essential adjunct to the rights
\nprotected by article 25. Political parties and membership in parties play a significant role in the
\nconduct of public affairs and the election process. States should ensure that, in their internal
\nmanagement, political parties respect the applicable provisions of article 25 in order to enable
\ncitizens to exercise their rights there-under.<\/p>\n

27. Having regard to the provision of article 5, paragraph 1, of the Covenant, any rights
\nrecognized and protected by article 25 may not be interpreted as implying a right to act or as
\nvalidating any act aimed at the destruction or limitation of the rights and freedoms protected by
\nthe Covenant to a greater extent than what is provided for in the present Covenant.<\/p>\n

Notes
\n1\/ Adopted by the Committee at its 1510th meeting (fiftyseventh session) on 12 July 1996.
\n2\/ The number in parenthesis indicates the session at which the general comment was adopted.
\n\u00a91996-2001
\nOffice of the United Nations High Commissioner for Human Rights
\nGeneva, Switzerland<\/p>\n","protected":false},"excerpt":{"rendered":"

Convention Abbreviation: CCPR GENERAL COMMENT 25 The right to participate in public affairs, voting rights and the right of equal access to public service (Article 25) Adopted by the Committee at its 1510th meeting (fifty-seventh session) on 12 July 1996. The number in parenthesis indicates the session at which the general comment was adopted.<\/p>

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