The General Assembly,
Mindful of its vital role in ensuring human rights and self determination among all peoples of the world;
Reflecting on the critical need for implementation of voting rights among all peoples in all nations to ensure peace, justice and human dignity;
Recalling the commitments made by Member States in the Universal Declaration of Human Rights, including Article 21: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives" and that "The will of the people shall be the basis of the authority of government", which "shall be expressed in periodic and geniune elections...by universal and equal suffrage";
Recalling further the European Convention on Human Rights, Protocol 1, Article 3: "The...Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which willensure the free expression of the opinion of the people in the choice of the legislature";
Noting the importance of this right as expressed in the International Covenant on Civil and Political Rights, Article 25: "Every citizen shall have the right and the opportunity, without any of the distincitons mentioned in Article 2 and without unreasonable restrictions...to take part in the conduct of public affairs, directly or through freely chosen representatives;...to vote...at genuine periodic elections which shall be by universal and equal suffrage...by secret ballot, guaranteeing the free expression of the will of the electors...";
Noting further the Preamble of the International Covenant on Economic, Social and Cultural Rights: "In accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his...civil and political rights"; Article 1(2) of the Covenant declaring: "All peoples have the right of self-determination", which "enables them to freely determine their political status", protected in Article 4 from all limitations except those "determined by law... as...compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society";
Recalling the International Convention on the Elimination of All Forms of Racial Discrimination which through Articles 1 and 5 bars distinction that nullifies or impairs "Political rights, in particular the rights to participate in elections...to vote...on the basis of universal and equal suffrage..."; Recalling further the American Convention on Human Rights, Article 23: "Every citizen shall enjoy the following rights and opportunities...to take part in the conduct of public affairs, directly or through freely chosen representatives...to vote...in genuine and periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters";
Noting also the African Charter on Human and Peoples' Rights, Article 13: "Every citizen shall have the right to participate freely in the government ofhis country, either directly or through freely chosen representatives";
Convinced that the right to vote constitutes one of the most fundamental of all human rights, without which the will of the people is suppressed and human rights abuses may proceed undeterred;
Mindful that the nature of the institutional environment in prisons may render them likely repositories of human rights abuses unlikely to occur elsewhere, such as wrongful detention, torture, cruel and inhuman treatment, denial of medical care, and other abuses of governmental authority constitutiong a pattern and practice of abuse;
Aware that harm from such abuse accrues not solely to individuals, but to society as a whole;
Mindful that the exercise of civil and political rights by prisoners who are paying their debt to society, and ex-prisoners, who have fully discharged that debt, not only guards against the erosion of institutional conditions which threaten society as a whole, but also provides a meaningful tool for rehabilitation and preparation for future contributions as memebers of free society;
Noting that many prison populations consist disproportionately of racial and ethnic minorities, and that, therefore, denial to prisoners of the right to vote results not only in their exclusion as a class from the right to vote, but also may result in the dilution or cancelling out of the voting strength of entire racial or ethnic minorities in a given State or political subdivision;
Convinced that specific "reasonable restrictions" upon the right to vote which may be applicable under certain of the above instruments, which as minimum age, mental competence, and even, as in the American Convention, sentencing by a competent court in criminal proceedings, cannot properly be applied under international law to impose a sweeping and automatic exclusion of prisoners and ex-prisoners as a class from the fundamental right to suffrage;
Aware of the fact that voting rights provisions contained in the above-referenced instruments do not currently enjoy full implementation by all signatory nations;
Persuaded by over fifty years' experience in seeking to implement the mission of the United Nations, that no meaningful human rights agenda may be effectuated without protection of fundamental human rights of all persons in all places, regardless of their race, religion, economic or other status in life, and that sweeping exclusion of any class of persons in incompatible with the fundamental and universal status of the right to suffrage;
Noting that the free exercise of the right to vote by all peoples will assist in the attainment and preservation of the level of democracy necessary to ensure peace, justice and the implementation of all other human rights for all people everywhere;
Urges all States to commit by this resolution to take all measures necessary to implement universal and equal suffrage in their respective countries, including prompt adoption of such domestic legislation as may be necessary to effectively ensure this fundamental human right for all disenfranchised persons of every status in life, including prisoners and ex-prisoners, in accordance with international human rights obligations and the general welfare of all peoples.
[CURE (Citizens United for Rehabilitation of Errants), a national effort to reduce crime through criminal justice reform, announces in their Spring, 2002 newsletter that CURE has joined the Poor People's Caucus. Founded by Cong. John Conyers, this is a group of grassroots organizations working on legislative solutions to poverty issues. This includes "the right to due process and fairness in the criminal justice system and restoration of rights after leaving prison."]