Chapter 1: International Standards This principle enforces the notion of democratic elections and ensures the freedoms of opinion, assembly, movement and expression. Additionally, implicit in and intertwined with these rights are widely recognized prohibitions on discrimination.12 The recognition of political rights found in international treaties — both for participatory governance and against unreasonable discrimination — is further buttressed by similar support in almost every major regional human rights treaty.13 The Inter-American and the African Human Rights systems both provide citizens with the right to participate in government.14 The European Convention for the Protection of Human Rights and Fundamental Freedoms states that the “High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure free expression of the opinion of the people in the choice of the legislature.”15 International Convention on the Elimination of All Forms of Racial Discrimination, G.A. Res. 2106 (XX), art. 5(c), U.N. GAOR, 20th Sess., Supp. No. 14, U.N. Doc. A/6014, at 47 (Dec. 21, 1965), 660 U.N.T.S. 195 (entered into force Jan. 4, 1969) [hereinafter CERD] (prohibiting discrimination in the enjoyment of political rights), available at http://www2.ohchr.org/english/ law/cerd.htm; U.N. Convention on the Elimination of All Forms of Discrimination Against Women, G.A. Res. 34/180, art. 7, U.N. GAOR, 34th Sess., Supp. No. 46, U.N. Doc. A/34/46, at 193 (Dec. 18, 1979) [hereinafter CEDAW], available at http://www.un.org/womenwatch/ daw/cedaw/text/econvention.htm; ICCPR, supra note 11, art. 22; UDHR, supra note 10, art. 20. 13 It is important to note that the new Association of Southeast Asian Nations (ASEAN) Human Rights Commission disappoints in this regard. The ASEAN Declaration does not make any reference to human rights or to the right to participate in government. ASEAN, Bangkok Declaration (Aug. 8, 1967), available at http://www.aseansec.org/1212.htm. However, in the Draft of Agreement on the Establishment of the ASEAN Human Rights Commission, Article 2 states that “inspiration shall be drawn from international law on human rights . . . . The relevant instruments of international law include the 1948 Universal Declaration on Human Rights, the 1986 United Nations Declaration on the Right to Development, the 1993 Vienna Declaration and Programme of Action of the World Conference on Human Rights, and the treaties to which the Contracting States have acceded.” ASEAN, Draft of Agreement on the Establishment of the ASEAN Human Rights Commission, art. 2, available at http://www.aseanhrmech.org/downloads/draft-agreement.pdf 14 Article 23 of the American Convention provIdes “every citizen the right to participate in Government.” Inter-American Convention on Human Rights, art.23, Nov. 22, 1969, O.A.S.T.S. No. 36 [hereinafter American Convention], available at http://www.oas.org/jurIdico/English/ treaties/b-32.html. The African Charter ensures each citizen “the right to participate freely in the government of his country.” African Charter on Human and Peoples' Rights, art.13, June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (entered into force Oct. 21, 1986) [hereinafter African Charter], available at http://www1.umn.edu/humanrts/instree/z1afchar.htm. 15 Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 3, Mar. 20, 1952, C.E.T.S. No. 9 (entered into force May 18, 1954), available at http://conventions.coe.int/Treaty/en/Treaties/Html/009.htm. 12 13