PERMANENT COUNCIL OF THE
ORGANIZATION OF AMERICAN STATES
GT/CDI-2/01 add. 8

13 August 2001
Original: Spanish

Working Group to Study the
Draft Inter-American Democratic Charter

COMMENTS AND PROPOSALS BY MEMBER STATES
REGARDING THE DRAFT INTER-AMERICAN DEMOCRATIC CHARTER

Colombia

PERMANENT MISSION OF COLOMBIA

TO THE

Organization of American States

MPC/OEA/No. 1064

 

Washington, D.C.

August 10, 2001

 

Excellency:

I have the honor to address Your Excellency to transmit document V.A.EC.28047, prepared by our foreign ministry, which contains a number of very important observations on the Draft Inter-American Democratic Charter. We would like to have the document distributed to the other delegations to enhance the deliberations that will begin in the coming days on this topic.

Accept, Excellency, the renewed assurances of my highest consideration.

 

 

Humberto de la Calle

Ambassador, Permanent Representative

 

 

 

 

 

His Excellency

Hernan R. Castro

Chair of the Permanent Council of the

Organization of American States

Washington, D.C.

Attachment

republic of colombia

ministry of foreign relations

 

fax

 

V.A.EC.28047

 

 

bogotá, D.C.

August 9, 2001

 

DR. HUMBERTO DE LA CALLE

Ambassador, Permanent Representative

of Colombia to the OAS

Washington, D.C.

Dear Mr. Ambassador:

In keeping with the established timetable, I attach herewith the observations of Colombia on the Draft Inter-American Democratic Charter (draft resolution rev. 7) for appropriate action.

 

We will follow the discussions held on this topic in preparation for the special session of the General Assembly to be held in the city of Lima, Peru, on September 10.

Sincerely yours,

 

 

CLEMENCIA FORERO UCROS

Vice Minister for the Americas

and Territorial Sovereignty

 

Attachment: 3 pages

Draft Inter-American Democratic Charter

 

 

Observations by the Government of Colombia

 

 

Comments on Specific Articles

Article 1

Solely to give greater weight to this article, we suggest that the underlined phrase be added at the end, so that the paragraph would read:

 

The peoples of the Americas have a right to democracy and their governments have the obligation to promote and defend democracy.

 

 

Article 3

 

Although it would be acceptable in general to consider adding other concepts to this article as "essential elements of representative democracy," we share the concern of some delegations that care must be taken to specify that the items mentioned constitute examples rather than an exhaustive list. This could be achieved by adding the expression "inter alia" or an equivalent phrase in an appropriate place.

 

 

 

Article 9

 

We propose that the phrase "civil and political rights" be replaced by a broader expression, such as "human rights" or "fundamental rights and freedoms."

 

 

 

Article 12

 

We have two observations on terminology, the purpose of which is to improve the text and make it more attractive to those states that may still have concerns about the true significance of the democracy clause already adopted at the Quebec Summit:

 

1. Second line

We propose that the expression "… any unconstitutional alteration or interruption …" be replaced by the more concrete wording "… any alteration that involves an unconstitutional interruption … ."

The truth is that the modifier "any" is very broad and would allow for indiscriminate extension of the concept underlying the idea that inspired the democracy clause. This change would minimize the risk involved in using the modifier "any." Moreover, Article 12 would be consistent with Article 14, which includes the phrase "an unconstitutional interruption" but not "any alteration."

Should this suggestion be embraced, it would be advisable to make the same change in the final paragraph of the preamble, which includes the phrase "an unconstitutional alteration or interruption …"

2. Third line

 

We propose deleting the adjective "insurmountable," or at least replacing it with a milder modifier, such as "grave" or "serious." The term "insurmountable" is final and practically definitive, and therefore is not fully compatible with the aim and goal both of the clause and of the means we seek to adopt to strengthen and protect democracy, all of which are intended to provide the regional organization with tools for addressing, with some flexibility, political crises that may arise and weaken the democratic ideal.

 

 

 

Article 14

 

Here also we have two observations, one on substance and one on style.

 

First, it would be advisable to bring the text of the Draft Charter into line with the OAS Charter (Article 9) as much as possible--in response to the concerns expressed by some delegations, among other reasons. One way to do this would be to delete from Article 14 (and also, logically, from Article 13) the reference to the Meeting of Consultation as one of the bodies empowered to decide whether a member state should be suspended from the activities of the various organs and agencies of the Organization.

 

According to the Protocol of Washington (the Charter’s present Article 9), the only body that can take a decision to suspend is the General Assembly meeting in special session. The potential discrepancies between the two instruments would be minimized if these portions of Article 13 and 14 were adapted to the Charter.

 

Second, we suggest that the closing phrase of Article 14, which reads "obligations to the Organization," read "obligations as a member of the Organization." Actually, the obligations a suspended member state should continue to fulfill are not to the OAS but to the other member states and/or states parties to the applicable treaties, including human rights treaties.

 

 

 

Article 15

 

Lastly, we suggest that the wording of this article be changed in two ways: on the one hand, to allow for diplomatic initiatives that might be taken with the suspended government by OAS member states, not only by the Organization itself; and, on the other hand, to include in some way the concept of nonintervention in internal affairs, which would constitute an additional safeguard for those states that still view the adoption of the Democratic Charter with some apprehension. The proposed text is as follows:

 

When a decision is taken to suspend a government, the Organization and its member states will maintain their diplomatic initiatives to restore democracy in the affected member state, in keeping with the principle of nonintervention in the internal affairs of states and in accordance with the OAS Charter."

 

Bogotá, August 6, 2001