How can local votes be useful, and to whom?
Community votes are often used as part of a campaign to stop unwanted development, but there is no reason why proponents of a development project could not use votes as way to demonstrate public support. Mining projects in Tambogrande, Peru and Esquel, Argentina were halted after non-binding votes, although there is debate as to the reasons why the projects did not proceed.
Those who oppose or support development projects frequently claim that the majority of the local population share their view. Only an election can resolve such claims.
Local votes can serve as an organizing vehicle for groups opposing or proposing a development project. Evidence of the potentially harmful or beneficial impacts of the development can be marshaled and presented to the public. The representations of both sides can be critically examined in the public debate. An upcoming election is frequently the focus of demonstrations and other expressions of public sentiment concerning a particular project.
What factors should be considered in deciding whether to seek a vote?
Opponents and proponents of a particular project will of course evaluate whether they think they will prevail in a local vote. But other factors must be considered. Will there be enough time in advance of a vote to fully and fairly debate the potential benefits and impacts of the project, to inform the electorate of the facts, and perhaps to develop and propose alternatives? The size of the area from which the citizens will vote is another factor. No one would disagree that those living in the area most directly affected by the project should participate in a vote. But should voters in more distant but nonetheless affected areas also be included? Other factors include the influence of local leadership, whether your side is prepared to answer a last-minute campaign, and the current legal status of votes under local and national law.
What kinds of arguments can the proponents of a vote expect from opponents?
It is common for the opponents of a vote to attack the planned election. Opponents frequently complaint that local citizens are not well-educated or well-informed enough to vote; that they have been swayed by inaccurate and exaggerated claims regarding the project; or that voters have been intimidated. Governments often claim that they must act in the "national interest" and support development, or claim that the planned vote is illegal in some way. It is not uncommon for vote proponents to be labeled "communists," or even "terrorists."
How can local votes contribute to the non-violent resolution of conflicts over natural resources?
After the murders of two anti-mining activists, the world's first local vote on a mining project was held in Tambogrande, Peru. It is no coincidence that the vote was proposed by a community leader who was an admirer of Ghandi. The prospect of a vote can act as a strong deterrent to violent conduct by those on both sides of the issue because each will fear alienating undecided voters.
While election campaigns in developing countries often involve extensive violence between supporters of multiple parties and candidates, there is rarely accountability for such conduct because there are so many suspects. However, in an "up or down" vote on a specific question involving only two sides- which is always the case in votes on local resource development projects- it is difficult for the side that adopts a campaign of violence and intimidation to escape public blame and potential repudiation at the polls.
Instead, in the period before a vote, both sides are likely to try to be as persuasive as possible through nonviolent demonstrations, the dissemination of information and arguments in community education efforts, and the organization of supporters- the essential aspects of peaceful participatory democracy.
Does international human rights law support community votes?
Yes. The first formal international declaration on human rights, the 1948 Universal Declaration of Human Rights, is founded upon the dignity of the individual and guarantees the right of free speech and the right to participate in government through free and fair elections. The International Covenant on Civil and Political Rights, which is the leading international human rights treaty, goes further and guarantees the right to participate in public affairs, either directly or through elected representatives.
In September 2007, the United Nations adopted the Declaration of the Rights of Indigenous People, which specifically requires the informed consent of such peoples before any development project that might affect their rights can be approved. "Consent" is perhaps best measured by a vote that presents a single issue for the voters' decision.
Many other human rights agreements, U.N. agency declarations, and international and national court decisions support the use of democratic elections as appropriate vehicles for public participation in decisions that affect the lives of local people.
What is the future of local votes?
EDLC believes that local votes will play a crucial role in deciding who will hold the ultimate power in development decisions that affect local citizens. When conducted fairly, local votes are an important form of participatory democracy and can provide the most accurate measure of community opinion on issues of local development. There is no better way to determine consent than by a free, fair, and democratic vote.
There is no better way to determine consent than by a free, fair, and democratic vote.