OEA/Ser.P
AG/RES. 1838 (XXXI-O/01)
5 June 2001
Original: Spanish
RESOLUTION OF SAN JOSÉ, COSTA RICA
INTER-AMERICAN DEMOCRATIC CHARTER
(Resolution adopted at the fourth plenary session, held on June 5,
2001;.
subject to review by the Style Committee)
THE GENERAL ASSEMBLY,
BEARING IN MIND that the Heads of State and Government, gathered
in Quebec City, at the Third Summit of the Americas, adopted the DEMOCRACY CLAUSE, which
establishes that "any unconstitutional alteration or interruption of the democratic
order in a state of the Hemisphere constitutes an insurmountable obstacle to the
participation of that state's government in the Summit of the Americas process";
FULFILLING the mandate given to the foreign ministers "to
prepare, in the framework of the next General Assembly of the OAS, an Inter-American
Democratic Charter to reinforce OAS instruments for the active defense of representative
democracy";
COMMENDING the Government of Peru for its initiative and
leadership in activities related to the Inter-American Democratic Charter proposal; and
CONSIDERING that, in accordance with the Charter of the
Organization of American States, representative democracy is indispensable for the
stability, peace, and development of the region, and that one of the purposes of the OAS
is to promote and consolidate representative democracy, with due respect for the principle
of nonintervention,
RESOLVES:
1. To reaffirm the resolve of all its members states to adopt an
Inter-American Democratic Charter for the purpose of promoting and consolidating
representative democracy as the system of government of all American states.
2. To accept the attached proposed Inter-American Democratic
Charter, which will serve as the base document for final consideration of the Charter by
the member states.
3. To instruct the Permanent Council to strengthen and expand, by
September 10, 2001, the proposed Inter-American Democratic Charter, in accordance with the
OAS Charter, taking into account any consultations that member state governments may carry
out in keeping with their constitutional procedures and democratic practices.
4. The proposed Inter-American Democratic Charter will be made
public to help civil society form an opinion in accordance with the guidelines for the
participation of civil society organizations in OAS activities.
5. To instruct the Permanent Council to convene a special session
of the General Assembly to be held in Lima, Peru by no later than September 30, 2001.
APPENDIX
DRAFT RESOLUTION
INTER-AMERICAN DEMOCRATIC CHARTER - rev. 7
THE GENERAL ASSEMBLY,
RECALLING that the Heads of State and Government of the Americas,
in the Declaration of Quebec City, at the Third Summit of the Americas, held April 20 to
22, 2001, approved a democracy clause which establishes that any unconstitutional
alteration or interruption of the democratic order in a state of the hemisphere
constitutes an insurmountable obstacle to the participation of that state's government in
the Summit of the Americas process;
BEARING IN MIND that existing democratic provisions in regional
and sub-regional mechanisms express the same objectives as the democracy clause adopted by
the Heads of State and government in Quebec;
AWARE that on that occasion, the Heads of State and Government
instructed their Foreign Ministers to prepare, in the framework of the XXXI regular
session of the General Assembly of the OAS in San Jose, Costa Rica, an Inter-American
Democratic Charter to reinforce OAS instruments for the active defense of representative
democracy;
CONSIDERING that, in accordance with the Charter of the
Organization of American States, representative democracy is indispensable for the
stability, peace and development of the region, and that one of the purposes of the OAS is
to promote and consolidate representative democracy, with due respect for the principle of
non-intervention;
REAFFIRMING that the participatory nature that attends to the
exercise of democracy in our countries in different aspects of public life contributes to
consolidate its values, as well as freedom and solidarity in the hemisphere;
CONSIDERING that the solidarity and cooperation of American states
requires their political organization based on the effective exercise of representative
democracy, and that development, economic growth with equity and democracy are
interdependent and mutually reinforcing conditions;
REAFFIRMING that the elimination of critical poverty is an
essential part of the promotion and consolidation of democracy and constitutes a common
and shared responsibility of the American states;
AWARE of the significant contribution of the development and
strengthening of the inter-American human rights system for the consolidation of democracy
in the hemisphere;
TAKING INTO ACCOUNT that, in the Santiago Commitment to Democracy
and the Renewal of the Inter-American System, the Ministers of Foreign Affairs expressed
their determination to adopt a series of effective, timely and expeditious procedures to
ensure the promotion and defense of representative democracy, and that resolution (AG/RES.
1080 (XXI-O/91) subsequently established a mechanism for collective action in the case of
a sudden or irregular interruption of the democratic political institutional process or of
the legitimate exercise of power by the democratically elected government in any of the
Organization's member states;
RECALLING that, in the Declaration of Nassau (AG/DEC. 1
(XXII-O/92) the member states agreed to develop mechanisms to provide assistance, when
requested by a member state, to promote, preserve and strengthen representative democracy,
in order to complement and give effect to the provisions of resolution AG/RES. 1080;
BEARING IN MIND that in the Declaration of Managua for the
Promotion of Democracy and Development (AG/RES.4 XXIII-0/93), the member states expressed
their conviction that democracy, freedom and development are inseparable and indivisible
parts of a renewed and integral vision of American solidarity, and that instilling these
values will depend on the capacity of the Organization to contribute to preserve and
strengthen the democratic structures in the hemisphere;
CONSIDERING that in the Declaration of Managua for the Promotion
of Democracy and Development, the member States expressed their conviction that the
Organization's mission does not exhaust itself in the defense of democracy wherever its
fundamental values and principles have collapsed, but also calls for ongoing and creative
work to prevent and anticipate the very causes of the problems that affect a democratic
system of government; and
TAKING INTO ACCOUNT that it is useful to consolidate and
strengthen in this Charter the different provisions in the fields of promotion,
preservation and defense of democracy, in order to provide the member States and the
Organization a series of performance standards and procedures in the event of an
unconstitutional alteration or interruption of the democratic order in a member state;
RESOLVES:
To approve the following:
INTER-AMERICAN DEMOCRATIC CHARTER
I
Democracy and the Inter-American System
Article 1
The peoples of the Americas have a right to democracy.
Article 2
Representative democracy is the political system of the states of
the Organization of American States, on which their constitutional regimes and the rule of
law are based.
Article 3
Essential elements of representative democracy are the holding of
free and fair elections as an expression of popular sovereignty, access to power through
constitutional means, a pluralist system of political parties and organizations and
respect for human rights and fundamental freedoms.
Article 4
The strengthening of democracy requires transparency, probity,
responsibility, and effectiveness in the exercise of public authority, respect for social
rights, freedom of the press, as well as economic and social development.
Article 5
Solidarity and the strengthening of inter-American cooperation for
integral development, and especially the fight against critical poverty are fundamental
parts of the promotion and consolidation of representative democracy and constitute a
common and shared responsibility of the American states.
Article 6
Citizen participation in decisions regarding their own development
is a fundamental condition for the legitimate and effective exercise of democracy.
Promoting and fostering diverse forms of participation strengthens democracy.
II
Democracy and Human Rights
Article 7
Democracy is a condition for the full and effective enjoyment of
human rights and fundamental liberties.
Article 8
The exercise of democracy must ensure the enjoyment by all persons
of their fundamental liberties and the human rights such as those embodied in the American
Declaration on the Rights and Duties of Man, the American Convention on Human Rights, the
Protocol of San Salvador on economic, social and cultural rights and other inter-American
human rights instruments.
Article 9
Women and men whose civil and political rights are violated are
entitled, to present claims or petitions before the Inter-American System for the
protection and promotion of human rights in accordance with its established procedures.
III
Mechanisms for the Strengthening and Defense of Democracy
Article 10
When the government of a Member State considers that its
democratic political institutional process or its legitimate exercise of power is at risk,
it may solicit from the Organization timely and necessary assistance for the preservation
of its democratic system and its strengthening.
Article 11
When a situation arises in a Member State that may affect the
development of its democratic political institutional process or the legitimate exercise
of its power, the Secretary General may, with prior consent of the government concerned,
undertake visits or other actions in order to analyze the situation. The Secretary General
will submit a report to the Permanent Council, which will undertake a collective
assessment of the situation and, where necessary, may adopt decisions for the preservation
of the democratic system and its strengthening.
Democratic Clause
Article 12
In accordance with the democratic clause contained in the
Declaration of Quebec City, any unconstitutional alteration or interruption of the
democratic order in a member state of the OAS constitutes an insurmountable obstacle to
the participation of that state's government in sessions of the General Assembly, the
Meeting of Consultation, the Councils of the Organization and the specialized conferences,
the commissions, working groups and any other bodies established in the OAS, subject to
the Charter of the OAS [, as well as the Summits of the Americas process].
Article 13
In the event of any occurrences giving rise to the sudden or
irregular interruption of the democratic political institutional process or of the
legitimate exercise of power by the democratic government, the affected state, another
member state, or the Secretary General will request the immediate convocation of the
Permanent Council to make a collective assessment of the situation. The Permanent Council
will convoke, depending on the situation, a Meeting of Consultation of the Ministers of
Foreign Affairs, or a special session of the General Assembly within a ten day period, in
order to adopt the decisions it deems appropriate, in accordance with the Charter of the
Organization, international law, and the provisions of this Democratic Charter.
Article 14
When the Meeting of Consultation of the Ministers of Foreign
Affairs or a special session of the General Assembly determines that there has been an
unconstitutional interruption of the democratic order of a Member State, it shall be,
pursuant to the OAS Charter, by means of the affirmative vote of two-thirds of the member
states. This determination leads to the suspension of said State in the exercise of its
right to participate in the OAS. [This situation would entail suspension from
participation in the Summit of the Americas process.] The suspension shall take effect
immediately. The member state which has been subject to suspension shall continue to
fulfill its obligations to the Organization, in particular, its human rights obligations.
Article 15
When a decision is taken to suspend a government, the Organization
will maintain its diplomatic initiatives to restore democracy in the affected member
state.
Article 16
Any member state or the Secretary General may propose to the
Meeting of Consultation of Ministers of Foreign Affairs or to the General Assembly that
the suspension be lifted. This decision shall require the vote of two thirds of the Member
States, in accordance with the OAS Charter.
IV
Democracy and Electoral Observation Missions
Article 17
The OAS will send electoral observation missions with such scope
and coverage as determined in the Agreement signed for these purposes with the interested
member state and if in the country there exists conditions of security and free access to
information. The electoral observation missions shall be carried out provided the member
state requesting the mission guarantees the free and fair nature of the electoral process
and the appropriate conduct of the electoral institutions. The Secretary General may send
preliminary missions for the purpose of assessing the existence of said conditions.
Article 18
If the minimum guarantees or conditions for holding free and fair
elections do not exist, and with the consent or at the request of the interested
government, the OAS may send preliminary technical missions to create or improve said
conditions.
V
The Promotion of Democracy
Article 19
The OAS will continue to undertake activities and programs of
various kinds to promote democracy and its values.
Article 20
The objectives of the programs and actions will be to promote
governance, stability, good governance and the quality of democracy with special
preference given to strengthening political institutions and the wide range of social
organizations which make up civil society. At the same time, and noting that democracy is
not just a juridical structure and a political regime, but a way of life founded in
liberty and the constant economic, social and cultural improvement of its people, such
programs will pay similar attention to strengthening a democratic culture and promote
democratic principles and practices, the values of liberty and social justice in child and
youth education.
Article 21
The creation of a democratic culture, and the education of
children and youth in the principles and practices of a society based on freedom and
social justice, require programs and resources to strengthen democratic institutions and
foster democratic values. It is a priority to promote a link between elected political
bodies and civil society.
Article 22
Political parties and other political organizations are essential
components of democracy. It is a priority interest of the inter-American democratic
community to promote growing and representative participation by the people in political
parties to strengthen the democratic way of life, while paying special attention to the
problems derived from the high cost of electoral campaigns [and the undue influence that
may be exerted by large donors].
