CCPR/C.21/Rev.1/Add.7
page 4
5.
The conduct of public affairs, referred to in paragraph (a), is a broad
concept which relates to the exercise of political power, in particular the
exercise of legislative, executive and administrative powers. It covers all
aspects of public administration, and the formulation and implementation of
policy at international, national, regional and local levels. The allocation
of powers and the means by which individual citizens exercise the right to
participate in the conduct of public affairs protected by article 25 should be
established by the constitution and other laws.
6.
Citizens participate directly in the conduct of public affairs when they
exercise power as members of legislative bodies or by holding executive
office. This right of direct participation is supported by paragraph (b).
Citizens also participate directly in the conduct of public affairs when they
choose or change their constitution or decide public issues through a
referendum or other electoral process conducted in accordance with
paragraph (b). Citizens may participate directly by taking part in popular
assemblies which have the power to make decisions about local issues or about
the affairs of a particular community and in bodies established to represent
citizens in consultation with government. Where a mode of direct
participation by citizens is established, no distinction should be made
between citizens as regards their participation on the grounds mentioned in
article 2, paragraph 1, and no unreasonable restrictions should be imposed.
7.
Where citizens participate in the conduct of public affairs through
freely chosen representatives, it is implicit in article 25 that those
representatives do in fact exercise governmental power and that they are
accountable through the electoral process for their exercise of that power.
It is also implicit that the representatives exercise only those powers which
are allocated to them in accordance with constitutional provisions.
Participation through freely chosen representatives is exercised through
voting processes which must be established by laws which are in accordance
with paragraph (b).
8.
Citizens also take part in the conduct of public affairs by exerting
influence through public debate and dialogue with their representatives or
through their capacity to organize themselves. This participation is
supported by ensuring freedom of expression, assembly and association.
9.
Paragraph (b) of article 25 sets out specific provisions dealing with the
right of citizens to take part in the conduct of public affairs as voters or
as candidates for election. Genuine periodic elections in accordance with
paragraph (b) are essential to ensure the accountability of representatives
for the exercise of the legislative or executive powers vested in them. Such
elections must be held at intervals which are not unduly long and which ensure
that the authority of government continues to be based on the free expression
of the will of electors. The rights and obligations provided for in
paragraph (b) should be guaranteed by law.
10.
The right to vote at elections and referenda must be established by law
and may be subject only to reasonable restrictions, such as setting a minimum
age limit for the right to vote. It is unreasonable to restrict the right to