PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES
GT/CDI-2/01 add. 12

21 August 2001
Original: Spanish

Working Group to study the
Draft Inter-American Democratic Charter

COMMENTS AND PROPOSALS OF MEMBER STATES ON
THE DRAFT INTER-AMERICAN DEMOCRATIC CHARTER

Dominican Republic

PERMANENT MISSION OF THE DOMINICAN REPUBLIC
TO THE ORGANIZATION OF AMERICAN STATES

1715 22ND St., N.W., Washington, D.C. 20008-1931

202-332-9142/202-232-5038

 

MP-RD-OEA

816-01

 

Washington, D.C., August 17, 2001

 

 

Excellency:

 

I have the honor to address Your Excellency to submit the comments and changes to the Draft Inter-American Democratic Charter of the permanent mission that I head, for the purpose of distribution to the other missions.

 

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

 

 

Ramón Quiñones
Ambassador, Permanent Representative

 

 

 

His Excellency Hernán Castro
Ambassador, Permanent Representative
of Costa Rica to the Organization
of American States
Chairman of the Permanent Council
Washington, D.C.

 

 

PERMANENT MISSION OF THE DOMINICAN REPUBLIC
TO THE ORGANIZATION OF AMERICAN STATES

 

 

COMMENTS AND CHANGES TO THE DRAFT
"INTER-AMERICAN DEMOCRATIC CHARTER"

 

 

 

I. INTRODUCTION

 

The Permanent Mission of the Dominican Republic to the Organization of American States (OAS) confirms its unwavering commitment to the strengthening of democracy and expresses its support for the initiative to approve a hemispheric instrument that systematizes the experience of the Organization related to the defense and promotion of democracy and reaffirms the commitment of its member states thereto.

 

The strengthening of democracy is not an easy task. In many of our countries, it is still an unfinished task that requires a consensus on the part of the different social actors and the commitment of the citizens of the Hemisphere. The Organization is called upon to play an important role in this regard, not only because of the commitment set forth in its constitutive Charter, but also because it offers a suitable hemispheric forum for the discussion of political and social matters.

 

One of the great threats to democracy is poverty and the social exclusion of large segments of the populations of our societies. The strengthening of democracy is inextricably linked to the eradication of poverty and a better distribution of the benefits of economic growth within our countries and throughout the Hemisphere. Shared cooperation with a view to development should be a key concern and should serve as a means of reducing poverty in the Hemisphere.

 

A frontal assault on any institutional threat to democracy should involve a frontal assault on poverty and exclusion. The document resulting from discussion within the Permanent Council and approved subsequently by the special session of the General Assembly should take into account this inextricable link between democracy and development.

 

The Mission of the Dominican Republic expresses its hope that the ideals of the Organization will be attained and, along with other states, joins in the exercise of reflection and submission of proposals.

 

 

 

II. COMMENTS AND OBSERVATIONS

 

1. Nature of the document: The document adopted in Peru should be a resolution that lays the groundwork for possible amendments later on to the OAS Charter, as necessary, through a binding protocol or instrument.

 

 

2. Title of the Resolution: It is suggested that the document be called the "Democratic Commitment of the Americas," in order to avoid confusion with the OAS Charter.

 

 

3. Democracy should be construed as a concept that has evolved and has been improved upon in recent years. Consequently, if democracy is qualified, then its scope is restricted. The Mission of the Dominican Republic would feel more comfortable if reference were made simply to democracy, without attaching such labels as representative or participatory, inasmuch as these characteristics are inherent in but are not the sole components of democracy.

 

4. The topic of poverty should be considered a key topic that is inextricably linked to the strengthening of democracy. It would be useful to devote a paragraph of the document to the relationship between democracy and development, to include in it the contents of Article 5 and to expand it using the proposals of Haiti, Costa Rica, Venezuela, and Antigua and Barbuda.

 

5. It is necessary to define the scope of the expression "any unconstitutional alteration or interruption," in the interest of having one solid document and in order to avoid in the future, interpretations of the instances in which the resolution would apply, as well as the possible adoption of punitive measures against member states for matters that are not specified or covered in the document.

 

6. It is necessary to preserve the principle of non-intervention in the domestic affairs of member states as an integral part of the principles of the OAS Charter and inter-American system. For this reason, the situations in which this principle of non-intervention must give way to a higher principle, such as the preservation of democracy, should be made clear. Therefore, the specific circumstances under which the Organization will be authorized to intervene in the domestic affairs of member states must be spelled out.

 

7. If the resolution is to be a truly hemispheric commitment, a consensus in this regard must be reached by all member states. The application of this resolution will then take place equally, with no exceptions being made. Failing this, the resolution would be devoid of meaning and would not be considered a hemispheric commitment.

 

8. The document should stipulate that democracy goes hand in hand with the establishment of instruments of accountability, transparency in the use of public resources, and responsibility on the part of social actors, particularly political parties, insofar as the proper handling of public assets is concerned.

 

9. With respect to electoral observation missions, clear rules and procedures should be established and guarantees provided for their enhanced objectiveness and impartiality, through the establishment of a fund for this purpose that guarantees their independence, among other things.

 

10. It will be useful to establish progressive suspension measures and an early warning system that permits detection of the presence of factors that undermine democratic stability in a specific country, as well as the mechanism of the Organization that would be responsible for monitoring this situation with a view to alerting the Organization in a timely manner. This monitoring mechanism may take the form of reports on the situation of democracy in the countries of the Hemisphere, drafted by the Unit for the Promotion of Democracy. These reports could be submitted to the Permanent Council annually or whenever a situation occurs that may give rise to an interruption of the democratic order in any country.

 

11. The monopolization of the mass media is an obstacle to the strengthening of the democratic process. For this reason, steps must be taken to avoid a monopoly of the media by certain sectors. Also, states must guarantee access by citizens to the mass media and to accurate information.

 

 

 

III. COMMENTS ON THE ARTICLES

 

Article 1: The Dominican Republic supports the Canadian proposal to modify the content of this article is order to make it more precise and forceful. The article would read: "Democracy is essential for the social, political, and economic development of the peoples of the Americas."

 

Article 2: Democracy should not be qualified; instead only the term democracy should be used.

 

Article 3: Only the term "democracy" should be used without any qualifications. The expression "inter alia," proposed by Chile and Costa Rica should be included, in order to avoid the need to provide an exhaustive list of the elements that compose democracy. The Dominican Republic supports Costa Rica's proposal to include other elements in democracy. The article would read as follows: Essential elements of democracy are, inter alia, the holding of free, fair, periodic, 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 development of oversight entities, and respect for human rights and fundamental freedoms. The principle of the division of powers, the supremacy of civil authority, and guarantees of the protection of the rights of minorities are also considered essential elements of democracy." There would be no need to keep the sentence regarding gender, ethnicity, and multiculturalism, inasmuch as they are contained in Article 20, as proposed by Costa Rica.

 

Article 4: The Dominican Republic proposes changing it, based on the proposal of El Salvador, to include freedom of expression, social well-being, respect for individual rights, and legitimacy.

 

Article 5: The Dominican Republic proposes eliminating the adjective "critical" and simply making reference to poverty. It proposes adding the following paragraph: Member states shall make efforts to reduce poverty levels in their countries, as a way of strengthening their commitment to democracy." See point 4 above.

 

Article 6: The Dominican Republic supports the proposals of Chile and El Salvador.

 

The Dominican Republic supports the proposal of Venezuela on the environment (new paragraph).

 

Article 7: The Dominican Republic proposes inclusion of the word "essential" in order to underscore the importance of democracy with respect to human rights and fundamental liberties. The article would read: "Democracy is an essential condition for the full and effective enjoyment of human rights and fundamental liberties."

 

Article 8: The Dominican Republic proposes deletion of the phrase "such as those," based on the proposal of Chile. It supports the inclusion of the words "fully," and "the enjoyment and exercise," based on Venezuela's proposal.

 

Article 9: The Dominican Republic proposes bringing together the elements of the Colombian and Salvadoran proposals, so that the article reads as follows: "Anyone whose civil and political rights are violated is 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." It also proposes inclusion of the paragraph proposed by Costa Rica which states: "In accordance with the foregoing, the member states fully confirm their intent and commitment to strengthen, on an ongoing basis, the inter-American system for the protection of human rights as a regulatory and institutional system (delete "of extreme importance") aimed at the consolidation of democracy in the Hemisphere."

 

Article 10: The Dominican Republic supports the proposal of El Salvador to include "democratically elected" and to keep "the legitimate exercise of power."

 

Article 11: The Dominican Republic proposes merging the proposed changes of Chile and Venezuela, so that the Article reads as follows: "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 that he deems necessary in order to analyze the situation. The Secretary General will submit a report to the Permanent Council, which will review it and make a decision, within ten days, regarding the preventive measures aimed at the preservation of the democratic system and its strengthening.

 

Article 12: The Dominican Republic proposes adoption of Colombia's proposal that the article refer to "any alteration that involves an interruption…," inasmuch as this phrase defines the type of alteration, which would make the article clearer and more precise. Insofar as the words "grave or serious" are concerned, it would be better to keep "insurmountable obstacle." It supports the proposal of Chile regarding deletion of the square brackets around the phrase "as well as the Summits of the Americas process."

 

Article 13: Taking into account the proposals of Costa Rica and Venezuela, the article would read as follows: "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 in any member state of the Organization, 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, after analyzing the situation, may first issue, with a vote of (delete " at least") two-thirds of its members, an early statement indicating its concern over the violation of the democratic principles set forth in this instrument and will issue the appropriate warnings and suggest measures that the member state should take to remedy the situation. Should the situation persist, the Permanent Council shall convene, within a thirty-day period, 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 instrument.

 

Article 14: The Dominican Republic proposes drafting the article taking into account the proposal of Costa Rica, with a number of changes: "When the Meeting of Consultation of the Ministers of Foreign Affairs or a special session of the General Assembly determines that there has been a continuation of the unconstitutional interruption or alternation of the democratic order of a member state, it shall be, pursuant to the OAS Charter and the requirements of this instrument set forth in Chapter I, by means of the affirmative vote of two-thirds of the member states. This decision leads to the suspension of said state in the exercise of its right to participate in the OAS and 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: The Dominican Republic supports the proposal of Colombia in its entirety.

 

Article 16: The Dominican Republic proposes inclusion of the phrase "once constitutional order has been reestablished" after the reference to lifting the suspension. The article would read: "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, once constitutional order has been reestablished. This decision shall require the vote of two-thirds of the member states, in accordance with the OAS Charter."

 

Article 17: The Dominican Republic supports the proposal of Saint Lucia to change the position of the sentence: "as well as security and free access to information."

 

Article 18: The Dominican Republic supports the proposal of Chile to replace the words "free and fair" with "democratic."

 

Article 19: The Dominican Republic proposes drafting the article taking into account the proposals of Chile and Saint Lucia, with a number of changes: "The OAS will step up and improve its activities and programs aimed at the promotion and strengthening of democratic values and principles, as well as the consolidation of mechanisms for the participation of civil society."

 

Article 20: The Dominican Republic proposes drafting the paragraph taking into account the proposals of Saint Lucia and Costa Rica: "The objectives of the programs and actions will be to promote governance, stability, sound management, 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. In view of the fact 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 also give priority to strengthening and promoting a democratic culture and democratic principles and practices, as well as the values of liberty and social justice in child and youth education. Democracy shall be promoted in a manner that takes into account cultural and linguistic diversity and gender equity and equality."

 

Article 21: The Dominican Republic supports the proposal of Chile regarding the addition of member states. The article would read: "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 the promotion of programs by the OAS and member states to strengthen democratic institutions and to promote ties between elected political bodies and civil society."

 

Article 22: The Dominican Republic proposes the deletion of the square brackets around the last sentence, as suggested by Chile, and the addition of new elements to the paragraph related to monopoly of the mass media. The article would read as follows: "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 citizens in political parties to strengthen the democratic way of life, while paying special attention to and controlling the problems derived from the high cost of electoral campaigns and the undue influence that may be exerted by large donors and the monopolization of the mass media."