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obligations and duties are understood.”
[33] Similarly, the American Convention on Human Rights provides in art 23
that all citizens shall enjoy the right and opportunity “to take part in the conduct
of public affairs, directly or through freely chosen representatives”.
[34] The Harare Commonwealth Declaration proclaims "the individual's
inalienable right to participate by means of free and democratic processes in
framing the society in which he or she lives”.
[35] The Inter-American Democratic Charter reaffirms that “the participatory
nature of democracy in [the American] countries in different aspects of public
life contributes to the consolidation of democratic values and to freedom and
solidarity in the Hemisphere”. It further asserts that
“(i)t is the right and responsibility of all citizens to participate
in decisions relating to their own development. This is also a
necessary condition fo the full and effective exercise of
democracy. Promoting and fostering diverse forms of
participation strengthens democracy.”
[36] It seems to this Court that the history of denial to the vast majority of this
country’s citizens of the vote is the context in which the right to vote must be
interpreted. Given the history of disenfranchisement in our country, the right to vote
occupies a special place in our democracy. Any limitation of this right must be
supported by clear and convincing reasons. If the government seeks to
disenfranchise a group of its citizens it must place sufficient information before the
Court demonstrating what purpose the disenfranchisement is intended to serve and
to evaluate the policy considerations on which such decision was based.
[37] To limit the right to vote Parliament would have to do so in terms of a law of
general application which meets the requirements of reasonableness and