TWENTY-EIGHTH
SPECIAL SESSION OEA/Ser.P
September 10, 2001 AG/RES.
1 (XXVIII-E/01)
Lima, Peru 11
September 2001
Original: Spanish
INTER-AMERICAN DEMOCRATIC CHARTER
(Adopted by the General Assembly at its special
session
held in Lima, Peru, on September 11, 2001)
INTER-AMERICAN DEMOCRATIC CHARTER
THE GENERAL ASSEMBLY,
CONSIDERING that the Charter of the
Organization of American States recognizes that 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;
RECOGNIZING the contributions of the OAS and
other regional and sub-regional mechanisms to the promotion and consolidation
of democracy in the Americas;
RECALLING that the Heads of State and Government of the
Americas, gathered at the Third Summit of the Americas, held from April 20 to
22, 2001 in Quebec City, adopted 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 Summits of the Americas process;
BEARING IN MIND that existing democratic
provisions in regional and subregional mechanisms express the same objectives
as the democracy clause adopted by the Heads of State and Government in Quebec
City;
REAFFIRMING that the participatory nature of
democracy in our countries in different aspects of public life contributes to
the consolidation of democratic values and to freedom and solidarity in the
Hemisphere;
CONSIDERING that
solidarity among and cooperation between American states require the political
organization of those states based on the effective exercise of representative
democracy, and that economic growth and social development based on justice and
equity, and democracy are interdependent and mutually reinforcing;
REAFFIRMING that the fight against poverty,
and especially the elimination of extreme poverty, is essential to the
promotion and consolidation of democracy and constitutes a common and shared
responsibility of the American states;
BEARING IN MIND that the American Declaration on the Rights
and Duties of Man and the American Convention on Human Rights contain the
values and principles of liberty, equality, and social justice that are
intrinsic to democracy;
REAFFIRMING
that the promotion and protection of human rights is a basic prerequisite for
the existence of a democratic society, and recognizing the importance of the
continuous development and strengthening of the inter-American human rights
system for the consolidation of democracy;
CONSIDERING that education is an effective way
to promote citizens’ awareness concerning their own countries and thereby
achieve meaningful participation in the decision-making process, and
reaffirming the importance of human resource development for a sound democratic
system;
RECOGNIZING that a safe environment is
essential to the integral development of the human being, which contributes to
democracy and political stability;
BEARING IN MIND that the Protocol of San
Salvador on Economic, Social, and Cultural Rights emphasizes the great
importance of the reaffirmation, development, improvement, and protection of
those rights in order to consolidate the system of representative democratic
government;
RECOGNIZING that the right of workers to
associate themselves freely for the defense and promotion of their interests is
fundamental to the fulfillment of democratic ideals;
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, with due respect for the principle of
nonintervention; and that resolution AG/RES. 1080 (XXI-O/91) therefore
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, thereby fulfilling a long-standing
aspiration of the Hemisphere to be able to respond rapidly and collectively in
defense of democracy;
RECALLING that, in the Declaration of Nassau
[AG/DEC. 1 (XXII-O/92)], it was 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 (XXI-O/91);
BEARING IN MIND that, in the Declaration of
Managua for the Promotion of Democracy and Development [AG/DEC. 4
(XXIII-O/93)], the member states expressed their firm belief that democracy,
peace, and development are inseparable and indivisible parts of a renewed and
integral vision of solidarity in the Americas; and that the ability of the
Organization to help preserve and strengthen democratic structures in the
region will depend on the implementation of a strategy based on the
interdependence and complementarity of those values;
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 is not limited to the defense of
democracy wherever its fundamental values and principles have collapsed, but
also calls for ongoing and creative work to consolidate democracy as well as a
continuing effort to prevent and anticipate the very causes of the problems
that affect the democratic system of government;
BEARING IN MIND that the Ministers of Foreign Affairs of
the Americas, at the thirty-first regular session of the General Assembly, held
in San Jose, Costa Rica, in keeping with express instructions from the Heads of
State and Government gathered at the Third Summit of the Americas, in Quebec
City, accepted the base document of the Inter-American Democratic Charter and
entrusted the Permanent Council of the Organization with strengthening and
expanding the document, in accordance with the OAS Charter, for final adoption
at a special session of the General Assembly in Lima, Peru;
RECOGNIZING that all the rights and
obligations of member states under the OAS Charter represent the foundation on
which democratic principles in the Hemisphere are built; and
BEARING IN MIND the progressive development
of international law and the advisability of clarifying the provisions set
forth in the OAS Charter and related basic instruments on the preservation and
defense of democratic institutions, according to established practice,
RESOLVES:
To adopt 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 and their
governments have an obligation to promote and defend it.
Democracy is essential for the social, political, and economic
development of the peoples of the Americas.
Article 2
The effective exercise of representative democracy is the basis for the
rule of law and of the constitutional regimes of the member states of the
Organization of American States.
Representative democracy is strengthened and deepened by permanent,
ethical, and responsible participation of the citizenry within a legal
framework conforming to the respective constitutional order.
Article 3
Essential elements of representative democracy include, inter alia,
respect for human rights and fundamental freedoms, access to and the exercise
of power in accordance with the rule of law, the holding of periodic, free, and
fair elections based on secret balloting and universal suffrage as an
expression of the sovereignty of the people, the pluralistic system of
political parties and organizations, and the separation of powers and
independence of the branches of government.
Article 4
Transparency in government activities, probity, responsible public
administration on the part of governments, respect for social rights, and
freedom of expression and of the press are essential components of the exercise
of democracy.
The constitutional subordination of all state institutions to the
legally constituted civilian authority and respect for the rule of law on the
part of all institutions and sectors of society are equally essential to
democracy.
Article 5
The strengthening of political parties and other political organizations
is a priority for democracy. Special
attention will be paid to the problems associated with the high cost of
election campaigns and the establishment of a balanced and transparent system
for their financing.
Article 6
It is the right and responsibility of all citizens to participate in
decisions relating to their own development.
This is also a necessary condition for the full and effective exercise
of democracy. Promoting and fostering diverse forms of participation
strengthens democracy.
II
Democracy and Human Rights
Article 7
Democracy is indispensable for the effective exercise of fundamental freedoms and human rights in their universality, indivisibility and interdependence, embodied in the respective constitutions of states and in inter-American and international human rights instruments.
Article 8
Any person or group of persons who consider that their human rights have
been violated may present claims or petitions to the inter-American system for
the promotion and protection of human rights in accordance with its established
procedures.
Member states reaffirm their intention to strengthen the inter-American
system for the protection of human rights for the consolidation of democracy in
the Hemisphere.
Article 9
The elimination of all forms of discrimination, especially gender, ethnic and race discrimination, as well as diverse forms of intolerance, the promotion and protection of human rights of indigenous peoples and migrants, and respect for ethnic, cultural and religious diversity in the Americas contribute to strengthening democracy and citizen participation.
Article 10
The promotion and strengthening of
democracy requires the full and effective exercise of workers’ rights and the
application of core labor standards, as recognized in the International Labour
Organization (ILO) Declaration on Fundamental Principles and Rights at Work,
and its Follow-up, adopted in 1998, as well as other related fundamental ILO
conventions. Democracy is strengthened
by improving standards in the workplace and enhancing the quality of life for
workers in the Hemisphere.
III
Democracy, Integral Development, and Combating Poverty
Article 11
Democracy and social and economic development are interdependent and are mutually reinforcing.
Article 12
Poverty, illiteracy, and low levels
of human development are factors that adversely affect the consolidation of
democracy. The OAS member states are
committed to adopting and implementing all those actions required to generate
productive employment, reduce poverty, and eradicate extreme poverty, taking into
account the different economic realities and conditions of the countries of the
Hemisphere. This shared commitment regarding the problems associated with
development and poverty also underscores the importance of maintaining
macroeconomic equilibria and the obligation to strengthen social cohesion and
democracy.
Article 13
The promotion and observance of
economic, social, and cultural rights are inherently linked to integral
development, equitable economic growth, and to the consolidation of democracy
in the states of the Hemisphere.
Article 14
Member states agree to review
periodically the actions adopted and carried out by the Organization to promote
dialogue, cooperation for integral development, and the fight against poverty
in the Hemisphere, and to take the appropriate measures to further these
objectives.
Article 15
The exercise of democracy promotes the preservation and good stewardship
of the environment. It is essential
that the states of the Hemisphere implement policies and strategies to protect
the environment, including application of various treaties and conventions, to
achieve sustainable development for the benefit of future generations.
Article 16
Education is key to strengthening democratic institutions, promoting the
development of human potential, and alleviating poverty and fostering greater
understanding among our peoples. To
achieve these ends, it is essential that a quality education be available to
all, including girls and women, rural inhabitants, and minorities.
IV
Strengthening
and Preservation of Democratic Institutions
Article 17
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 request assistance from the Secretary General or the Permanent Council
for the strengthening and preservation of its democratic system.
Article 18
When situations arise in a member state that may affect the development
of its democratic political institutional process or the legitimate exercise of
power, the Secretary General or the Permanent Council may, with prior consent
of the government concerned, arrange for 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.
Article 19
Based on the principles of the Charter of the OAS and subject to its
norms, and in accordance with the democracy clause contained in the Declaration
of Quebec City, an unconstitutional interruption of the democratic order or an
unconstitutional alteration of the constitutional regime that seriously impairs
the democratic order in a member state, constitutes, while it persists, an
insurmountable obstacle to its government’s participation in sessions of the
General Assembly, the Meeting of Consultation, the Councils of the
Organization, the specialized conferences, the commissions, working groups, and
other bodies of the Organization.
Article 20
In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such decisions as it deems appropriate.
The Permanent Council, depending on the situation, may undertake the
necessary diplomatic initiatives, including good offices, to foster the
restoration of democracy.
If such diplomatic initiatives prove unsuccessful, or if the urgency of
the situation so warrants, the Permanent Council shall immediately convene a
special session of the General Assembly. The General Assembly will adopt the
decisions it deems appropriate, including the undertaking of diplomatic
initiatives, in accordance with the Charter of the Organization, international
law, and the provisions of this Democratic Charter.
The necessary diplomatic initiatives, including good offices, to foster
the restoration of democracy, will continue during the process.
Article 21
When the special session of the General Assembly determines that there
has been an unconstitutional interruption of the democratic order of a member
state, and that diplomatic initiatives have failed, the special session shall
take the decision to suspend said member state from the exercise of its right
to participate in the OAS by an affirmative vote of two thirds of the member
states in accordance with the Charter of the OAS. The suspension shall take effect immediately.
The suspended member state shall continue to fulfill its obligations to
the Organization, in particular its human rights obligations.
Notwithstanding the suspension of the member state, the Organization
will maintain diplomatic initiatives to restore democracy in that state.
Article 22
Once the situation that led to suspension has been resolved, any member
state or the Secretary General may propose to the General Assembly that
suspension be lifted. This decision
shall require the vote of two thirds of the member states in accordance with
the OAS Charter.
V
Democracy and Electoral Observation Missions
Article 23
Member states are responsible for organizing, conducting, and ensuring free and fair electoral processes.
Member states, in the exercise of their sovereignty, may request that
the Organization of American States provide advisory services or assistance for
strengthening and developing their electoral institutions and processes,
including sending preliminary missions for that purpose.
Article 24
The electoral observation missions shall be carried out at the request
of the member state concerned. To that
end, the government of that state and the Secretary General shall enter into an
agreement establishing the scope and coverage of the electoral observation
mission in question. The member state
shall guarantee conditions of security, free access to information, and full
cooperation with the electoral observation mission.
Electoral observation missions shall be carried out in accordance with
the principles and norms of the OAS.
The Organization shall ensure that these missions are effective and
independent and shall provide them with the necessary resources for that
purpose. They shall be conducted in an
objective, impartial, and transparent manner and with the appropriate technical
expertise.
Electoral observation missions shall present a report on their
activities in a timely manner to the Permanent Council, through the General
Secretariat.
Article 25
The electoral observation missions shall advise the Permanent Council,
through the General Secretariat, if the necessary conditions for free and fair
elections do not exist.
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The Organization may, with the consent of the state concerned, send
special missions with a view to creating or improving said conditions.
VI
Promotion of a Democratic Culture
Article 26
The OAS will continue to carry out
programs and activities designed to promote democratic principles and practices
and strengthen a democratic culture in the Hemisphere, bearing in mind that
democracy is a way of life based on liberty and enhancement of economic,
social, and cultural conditions for the peoples of the Americas. The OAS will
consult and cooperate on an ongoing basis with member states and take into
account the contributions of civil society organizations working in those
fields.
Article 27
The objectives of the programs and activities will be to promote good governance, sound administration, democratic values, and the strengthening of political institutions and civil society organizations. Special attention shall be given to the development of programs and activities for the education of children and youth as a means of ensuring the continuance of democratic values, including liberty and social justice.
Article 28
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States shall promote
the full and equal participation of women in the political structures of their
countries as a fundamental element in the promotion and exercise of a
democratic culture.