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association. the articles in the cerd gcs and the cerd 1986 distinguish between the rights of persons and people to associate freely (gc 94, par. 1), or to be free to associate with others and to enjoy their chosen ways of life (gc 91, gc 85). the latter is elaborated in gc 99. there is, however, no word about the association rights of non-nationals. the word nationals appears only in the articles about peoples right to manage their own affairs. the rights to move (gc 99, par. 16) and to participate in their own government are given to nationals (a word which also appears in the preamble of the un charter, see jorgensen 2014). this right will not disappear once a country experiences a transition from rule by virtue of authoritarian power to rule by virtue of the will of the people. the right to participate in the conduct of public affairs is not a right to participate in the majority voting process. it means, however, that voters should not feel obliged to elect or support candidates or parties where they do not agree with the policies, values or activities of that party or candidate. and in order to be able to exert this influence, it is expected that voters are able to maintain their own collective will and have access to information. thus, people can no longer be expected to share a common faith or culture in the modern sense. to understand this concept, it is necessary to go back to the development of modern conceptions of civil and political rights. right up until the universal declaration of human rights (1948) and later the international covenant on civil and political rights, civil and political rights were understood in terms of the fusion of individual liberties and democratic institutions. in this conception, democracy was and is understood as a political regime based on the willingness of the people to surrender the use of force in their relations with one another and their willingness to establish a political community where freedom, equality, security and the common good are promoted.
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