COUNCIL OF THE ORGANIZATION OF AMERICAN STATES GT/CDI-3/01 add. 2
6 August 2001
Working Group to Study
the Draft Inter-American Charter
GENERAL OBSERVATIONS OF THE MEMBER STATES
ON THE CONSULTATION WITH THE INTER-AMERICAN JURIDICAL COMMITTEE
PERMANENT MISSION OF EL SALVADOR TO THE
ORGANIZATION OF AMERICAN STATES
Note No. OEA-233/01
July 31, 2001
I have the honor to address Your Excellency to
express my appreciation for your note of July 27, 2001, concerning the consultation with
the Inter-American Juridical Committee regarding the draft Inter-American Democratic
Charter, to be adopted at the twenty-eighth special session of the General Assembly to be
held in Lima Peru, pursuant to the mandate contained in resolution AG/RES. 1838
I would also like to thank you for kindly
informing us of the draft note containing the draft consultation that may be presented to
the Inter-American Juridical Committee for its consideration as part of a dialogue in
which a mission of distinguished ambassadors, permanent representatives, and the
Inter-American Juridical Committee would engage.
In response to your kind invitation to forward our
suggestions or comments so that, through your good offices, they may be forwarded to the
Inter-American Juridical Committee in the context of the aforementioned dialogue, I would
like to make the following comments and suggestions:
May I thank you for your
kindness and acknowledge the work you are carrying out so that the Inter-American
Democratic Charter may shortly be adopted. El Salvador is committed to its prompt
- The consultation-dialogue might focus on the text accepted by the
General Assembly of the draft Inter-American Democratic Charter contained in resolution
AG/RES. 1838 (XXXI-O/01), which would serve as a base document for final consideration by
the member states and, in that connection, the first question might be reformulated as
What is the view of the Inter-American Juridical
Committee of the draft resolution on the Inter-American Democratic Charter (rev. 7) with
respect to the legal framework of the Organization?
The third question might be reformulated to read:
Does the Inter-American Juridical Committee
consider it necessary to incorporate other elements that further strengthen the draft
resolution on the Inter-American Democratic Charter, pursuant to the provisions of AG/RES.
- In our view, the draft consultations, summarized as five questions,
contains elements not appropriate to consider in connection with a topic as specific as
the one under discussion.
- In view of the time available, we consider that the consultation
should be streamlined, flexible and, above all, precise in scope. This would make it
possible to step up negotiations and adopt the Inter-American Democratic Charter in
accordance with the timetable agreed by the Permanent Council.
- Lastly, we consider it of the highest importance that, once the
consultation/dialogue of the distinguished mission traveling to Rio de Janeiro is
concluded, the Inter-American Juridical Committee might be invited to engage in dialogue,
in the most feasible way, with the Permanent Council in order to provide all member states
an opportunity to exchange views with the CJI on the topic of reference.
I would be very grateful if you would kindly
arrange to distribute this note to the permanent missions to the OAS.
Accept, Excellency, the assurances of my highest
consideration and the expressions of my personal regards.