PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES GT/CDI-2/01 add. 11

15 August 2001
Original: Spanish

Working Group to study the
Draft Inter-American Charter

  

COMMENTS AND PROPOSAL BY MEMBER STATES
ON THE DRAFT INTER-AMERICAN DEMOCRATIC CHARTER

 

Costa Rica

COMMENTS BY THE GOVERNMENT OF COSTA RICA

ON REVISION 7 OF THE DRAFT INTER-AMERICAN DEMOCRATIC CHARTER

 

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 member 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. To make public the proposed Inter-American Democratic Charter in order to help civil society form an opinion, in accordance with the Guidelines for Civil Society Participation 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

 

THE GENERAL ASSEMBLY,

 

RECALLING that the Heads of State and Government of the Americas, gathered in Quebec City, at the Third Summit of the Americas, held from April 20 to 22, 2001, 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;

 

AWARE that, on that occasion, the Heads of State and Government instructed their foreign ministers to prepare, in the framework of the thirty-first regular session of the General Assembly of the OAS in San José, 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 nonintervention;

 

REAFFIRMING that the participatory nature that attends to the exercise of democracy in our countries in different aspects of public life contributes to consolidating its values, as well as freedom and solidarity in the Hemisphere;

 

CONSIDERING that the solidarity and cooperation of American states require the political organization of those states on the basis of the effective exercise of representative democracy, and that development, economic growth with equity, democracy, and respect for the promotion of human rights are interdependent and mutually reinforcing conditions;

 

REAFFIRMING that the elimination of extreme 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) 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;

 

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 (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 conviction that democracy, peace, 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 preserving and strengthening 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 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; 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 with 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 adopt the following:

 

INTER-AMERICAN DEMOCRATIC CHARTER

 

I

Democracy and the Inter-American System

 

Article 1

 

 

Democracy is essential to the political, social, and economic development of the States of the American Hemisphere and their peoples.

 

 

 

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, inter alia, the holding of free, fair, regular, transparent, and competitive elections, as an expression of popular sovereignty, as well as access to power through constitutional means, a pluralist system of political parties and organizations, the rule of law, the existence and operation of oversight agencies, and respect for human rights and fundamental freedoms, taking into account the principles of equity in respect of gender, ethnicity, and multiculturalism. The principle of separation of powers – which requires fully autonomous executive, legislative, and judicial branches and electoral authorities – the supremacy of civil over military authority, as well as protection for the rights of minorities.

 

Article 4

 

The strengthening of democracy requires transparency, probity, responsibility, and effectiveness in the exercise of public authority, the existence of rules and mechanisms for accountability, free access to public information, as well as protection and full respect for the freedom of thought, expression, and the press.

 

Article 5

 

 

The promotion and consolidation of economic, social, and cultural rights is inseparable from the development and consolidation of democracy in the American countries. In that sense, solidarity and the strengthening of inter-American cooperation for integral development must result in the full participation of all member states in the processes of development, especially within the framework of the FTAA, taking into account differences in levels of development as well as the economic asymmetry among countries in the Hemisphere. The fight against critical poverty is a fundamental part of the promotion and consolidation of representative democracy and constitutes 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 the only system of government that permits coexistence based on the full and effective enjoyment of human rights and fundamental freedoms.

 

Article 8

 

The exercise of democracy must ensure the enjoyment by all persons of their fundamental freedoms 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, buttressed by instruments of the international law of human rights ratified by the member countries and binding upon them.

 

Article 9

 

 

Persons whose human rights are violated are entitled to present claims or petitions before the inter-American system for the promotion and protection of human rights in accordance with its established procedures. Pursuant to the foregoing, member states fully ratify their intention and mission to continually strengthen the Inter-American System for the Protection of Human Rights as an extremely important rulemaking and institutional system for the consolidation of democracy in the American Hemisphere.

 

 

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 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.

 

 

 

Article 11 (bis)

 

Early warning mechanism

 

When events in the member states produce alterations sufficiently grave to threaten democratic principles or the legitimate exercise of power by a democratic government -- in accordance with the essential requisites and values set forth in CHAPTER 1 of this instrument -- any other member state or the Secretary General may request immediate convocation of the Permanent Council to collectively assess the situation. After analyzing the situation, the Permanent Council may, in an initial phase and subject to the agreement of its members, issue an "early warning" communique indicating the Council’s concerns over the violation of democratic principles contained in this Democratic Charter and providing the appropriate warnings and suggestions for correcting the situation to the member states, indicating a time limit of no more than 30 days to make the corrections necessary to restore a fully effective democratic system. If the situation persists beyond the expiration of this time limit, the Permanent Council, within 10 days, shall convene a Meeting of Consultation of Ministers of Foreign Affairs or a special session of the General Assembly to deliberate on the application of the DEMOCRACY CLAUSE contained in articles 12 and 13 of this instrument.

 

 

Democracy Clause

 

Article 12

 

In accordance with the democracy clause contained in the Declaration of Quebec City, a continuing and sustained unconstitutional interruption or alteration of the democratic order in a member state of the OAS -- contemplated in the basic requisites or essential values contained in Chapter I of this Charter -- 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). This exclusion shall become effective, when warranted by the circumstances, without the need for prior application of the early warning mechanism, in accordance with the procedure indicated in the following articles.

 

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, according to the essential requisites and values contained in this instrument, 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 Ministers of Foreign Affairs or a special session of the General Assembly within a 10-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 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 and the requisites indicated in Chapter I of this instrument, 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 Summits of the Americas process.) The suspension shall take effect immediately. The member state which has been subject to suspension shall continue to fulfill its administrative and financial obligations towards the Organization, and 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 if in the country there exist 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, 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 on liberty and the constant economic, social, and cultural improvement of its people, such programs will pay similar attention to strengthening a democratic culture and promoting democratic principles and practices and the values of liberty and social justice in child and youth education. The values of multiculturalism, multilingualism, and rights to gender equality shall also form part of the agenda for promoting democracy in the region.

 

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.