were reflected in an ODIHR Explanatory Note51 to which participating States had the opportunity to respond. Although its content has not yet been circulated in a formal decision for consideration at the Ministerial Meeting, the ODIHR stands ready to assist participating States in further discussing this topic and to provide additional input as necessary. 80. The ODIHR confirms that three basic principles integral to the democratic election process that are not expressly stated in the 1990 Copenhagen Document — transparency, accountability and public confidence — could usefully serve as the basis for commitments to supplement existing ones. These three principles are intrinsically interwoven: transparency and accountability contribute directly to increasing public confidence in the government’s ability and intention to deliver a democratic election process. Each of these principles is important for realizing the will of the people through democratic elections. The Copenhagen Plus discussion should also address perceived and real challenges to transparent and accountable elections that have arisen in the context of new voting technologies. B. Democracy and the rule of law 81. It has been recognized from the outset in the OSCE’s commitments to democracy and democratic elections that an orderly electoral process, while being an essential prerequisite, does not itself make a genuine democracy. For democratic governance to take hold, and a democratic culture to emerge, a whole range of other factors need to be in place. The OSCE has therefore duly taken into account that commitments to democratic government must reach far beyond the periodic vote. 82. The OSCE has also recognized the enormous diversity of models and systems of government that exist across the OSCE region. Any “democracy template” risks being ahistorical and apolitical and is therefore unlikely to succeed in organizing free societies effectively. Yet the basic ingredients for successful democratic systems remain the same. While the OSCE community has unequivocally committed itself to representative and pluralist democracy, it has not specified in detail which components must be in place to allow for genuine democratic government. It is in these areas where the OSCE community could benefit from finding a common language that acknowledges both the diversity of traditions and systems across the region and the need to be sufficiently clear on central aspects for effective implementation of the general commitments. Ñ Separation of powers 83. One such factor is the separation of powers of government. The system of checks and balances between the legislative, executive, and judicial branches of government creates a framework for democratic decision-making and sets the stage for public debate on policy issues. Separation of powers is thus not only about accountability — one aspect explicitly addressed in the commitments — but should be viewed as an essential component of a functioning democratic system.52 51  Explanatory Note on Possible Additional Commitments for Democratic Elections, 11 October 2005 (Annex 1 of this report). 52  Cf., for example, the contextual link between pluralist democracy and the separation of powers made in Art. 3 of the InterAmerican Democratic Charter, OAS GA, 11 September 2001. Common Responsibility: Commitments and Implementation 29

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