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L'exigence démocratique en droit international

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par Zied AYARI
Université Jean Moulin Lyon 3 - Master 2 Droit international public 2012
  

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Toward a Community of Democracies ?Ministerial Conference?

Final Warsaw Declaration: Toward a Community of Democracies?Warsaw,Poland, June 27, 2000

We the participants from

Republic of Albania, People's Democratic Republic of Algeria, Argentine Republic, Republic of Armenia, Australia, Republic of Austria, Azerbaijani Republic, People's Republic of Bangladesh, Kingdom of Belgium, Belize, Republic of Benin, Republic of Bolivia, Bosnia and Herzegovina, Republic of Botswana, Federative Republic of Brazil, Republic of Bulgaria, Burkina Faso, Canada, Republic of Cape Verde, Republic of Chile, Republic of Colombia, Republic of Costa Rica, Republic of Croatia, Republic of Cyprus, Czech Republic, Kingdom of Denmark, Commonwealth of Dominica, Dominican Republic, Republic of Ecuador, Arab Republic of Egypt, Republic of El Salvador, Republic of Estonia, Republic of Finland, Georgia, Federal Republic of Germany, Republic of Guatemala, Republic of Haiti, Hellenic Republic, Republic of Hungary, Republic of Iceland, Republic of India, Republic of Indonesia, Ireland, State of Israel, Italian Republic, Japan, Hashemite Kingdom of Jordan, Republic of Kenya, Republic of Korea, State of Kuwait, Republic of Latvia, Kingdom of Lesotho, Principality of Liechtenstein, Republic of Lithuania, Grand Duchy of Luxembourg, former Yugoslav Republic of Macedonia, Republic of Madagascar, Republic of Malawi, Republic of Mali, Republic of Malta, Republic of Mauritius, Mexico, Republic of Moldova, Principality of Monaco, Mongolia, Kingdom of Morocco, Republic of Mozambique, Republic of Namibia, Kingdom of Nepal, Kingdom of the Netherlands, New Zealand, Republic of Nicaragua, Republic of the Niger, Federal Republic of Nigeria, Kingdom of Norway, Republic of Panama, Papua New Guinea, Republic of Paraguay, Republic of Peru, Republic of the Philippines, Republic of Poland, Portuguese Republic, State of Qatar, Romania, Russian Federation, Saint Lucia, Democratic Republic of Sao Tome and Principe, Republic of Senegal, Republic of Seychelles, Slovak Republic, Republic of Slovenia, Republic of South Africa, Kingdom of Spain, Democratic Socialist Republic of Sri Lanka, Kingdom of Sweden, Swiss Confederation, United Republic of Tanzania, Kingdom of Thailand, Republic of Tunisia, Republic of Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Eastern Republic of Uruguay, Bolivarian Republic of Venezuela, Republic of Yemen,

in the Community of Democracies Ministerial Meeting convened in Warsaw, 26 - 27 June 2000:

Expressing our common adherence to the purposes and principles set forth in the Charter of the United Nations and the Universal Declaration of Human Rights,

Reaffirming our commitment to respect relevant instruments of international law,

Emphasizing the interdependence between peace, development, human rights and democracy,

Recognizing the universality of democratic values,

Hereby agree to respect and uphold the following core democratic principles and practices:

ï The will of the people shall be the basis of the authority of government, as expressed by exercise of the right and civic duties of citizens to choose their representatives through regular, free and fair elections with universal and equal suffrage, open to multiple parties, conducted by secret ballot, monitored by independent electoral authorities, and free of fraud and intimidation.

ï The right of every person to equal access to public service and to take part in the conduct of public affairs, directly or through freely chosen representatives.

ï The right of every person to equal protection of the law, without any discrimination as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

ï The right of every person to freedom of opinion and of expression, including to exchange and receive ideas and information through any media, regardless of frontiers.

ï The right of every person to freedom of thought, conscience and religion.

ï The right of every person to equal access to education.

ï The right of the press to collect, report and disseminate information, news and opinions, subject only to restrictions necessary in a democratic society and prescribed by law, while bearing in mind evolving international practices in this field.

ï The right of every person to respect for private family life, home, correspondence, including electronic communications, free of arbitrary or unlawful interference.

ï The right of every person to freedom of peaceful assembly and association, including to establish or join their own political parties, civic groups, trade unions or other organizations with the necessary legal guarantees to allow them to operate freely on a basis of equal treatment before the law.

ï The right of persons belonging to minorities or disadvantaged groups to equal protection of the law, and the freedom to enjoy their own culture, to profess and practice their own religion, and use their own language.

ï The right of every person to be free from arbitrary arrest or detention; to be free from torture and other cruel, inhumane or degrading treatment or punishment; and to receive due process of law, including to be presumed innocent until proven guilty in a court of law.

ï That the aforementioned rights, which are essential to full and effective participation in a democratic society, be enforced by a competent, independent and impartial judiciary open to the public, established and protected by law.

ï That elected leaders uphold the law and function strictly in accordance with the constitution of the country concerned and procedures established by law.

ï The right of those duly elected to form a government, assume office and fulfill the term of office as legally established.

ï The obligation of an elected government to refrain from extra-constitutional actions, to allow the holding of periodic elections and to respect their results, and to relinquish power when its legal mandate ends.

ï That government institutions be transparent, participatory and fully accountable to the citizenry of the country and take steps to combat corruption, which corrodes democracy.

ï That the legislature be duly elected and transparent and accountable to the people.

ï That civilian, democratic control over the military be established and preserved.

ï That all human rights -- civil, cultural, economic, political and social -- be promoted and protected as set forth in the Universal Declaration of Human Rights and other relevant human rights instruments.

The Community of Democracies affirms our determination to work together to promote and strengthen democracy, recognizing that we are at differing stages in our democratic development. We will cooperate to consolidate and strengthen democratic institutions, with due respect for sovereignty and the principle of non-interference in internal affairs. Our goal is to support adherence to common democratic values and standards, as outlined above. To that end, our governments hereby agree to abide by these principles in practice, and to support one another in meeting these objectives which we set for ourselves today.

We will seek to strengthen institutions and processes of democracy. We appreciate the value of exchanging experiences in the consolidation of democracy and identifying best practices. We will promote discussions and, where appropriate, create forums on subjects relevant to democratic governance for the purpose of continuing and deepening our dialogue on democratization. We would focus our deliberations on our common principles and values rather than extraneous bilateral issues between members. We resolve jointly to cooperate to discourage and resist the threat to democracy posed by the overthrow of constitutionally elected governments. We resolve to strengthen cooperation to face the transnational challenges to democracy, such as state-sponsored, cross-border and other forms of terrorism; organized crime; corruption; drug trafficking; illegal arms trafficking; trafficking in human beings and money laundering, and to do so in accordance with respect for human rights of all persons and for the norms of international law.

We will encourage political leaders to uphold the values of tolerance and compromise that underpin effective democratic systems, and to promote respect for pluralism so as to enable societies to retain their multi-cultural character, and at the same time maintain stability and social cohesion. We reject ethnic and religious hatred, violence and other forms of extremism. We will also promote civil society, including women's organizations, non-governmental organizations, labor and business associations, and independent media in their exercise of their democratic rights. Informed participation by all elements of society, men and women, in a country's economic and political life, including by persons belonging to minority groups, is fundamental to a vibrant and durable democracy.

We will help to promote government-to-government and people-to-people linkages and promote civic education and literacy, including education for democracy. In these ways we will strengthen democratic institutions and practices and support the diffusion of democratic norms and values.

We will work with relevant institutions and international organizations, civil society and governments to coordinate support for new and emerging democratic societies.

We recognize the importance our citizens place on the improvement of living conditions. We also recognize the mutually-reinforcing benefits the democratic process offers to achieving sustained economic growth. To that end, we will seek to assist each other in economic and social development, including eradication of poverty, as an essential contributing factor to the promotion and preservation of democratic development.

We will collaborate on democracy-related issues in existing international and regional institutions, forming coalitions and caucuses to support resolutions and other international activities aimed at the promotion of democratic governance. This will help to create an external environment conducive to democratic development.

Final, June 27, 2 p.m.

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