PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES
GT/CDI-2/01 add. 5
1 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

Chile

PERMANENT MISSION OF CHILE to the Organization of American States

Nº 285

The Permanent Mission of Chile to the Organization of American States presents its compliments to the Chair of the Permanent Council and has the honor to acknowledge receipt of the Note dated July 27 regarding the Draft Inter-American Democratic Charter, which is to be adopted during the next special session of the General Assembly to be held in Lima, Peru.

Accordingly, the Permanent Mission of Chile hereby attaches Chile’s comments on the text of the aforementioned Draft.

The Permanent Mission of Chile to the Organization of American States avails itself of this opportunity to reiterate to the Chair of the Permanent Council the assurances of its highest consideration.

Washington, D.C., July 31, 2001

(AMENDMENTS ARE SHOWN IN BOLD TYPE)

PREAMBLE

 

Fifth preambular paragraph

CONSIDERING that the solidarity and cooperation of American states requires their political organization 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 conditions;

 

Eighth preambular paragraph

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) subsequently 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.

 

Tenth preambular paragraph

(merges former preambular paragraphs ten and eleven)

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, freedom, and development are inseparable and indivisible parts of a renewed and integral vision of American solidarity, that instilling these values will depend on the capacity of the Organization to contribute to preserve and strengthen the democratic structures in the Hemisphere, and 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 prevent and anticipate the very causes of the problems that affect a democratic system of government.

 

Eleventh preambular paragraph (new)

AWARE that the right of peoples to democracy is the outcome of the democratic development of the countries of the region, of the work done by the OAS and other regional and subregional mechanisms in adopting instruments and resolutions in defense of democracy, and of the contributions made by the organs of the inter-American system for the promotion and protection of human rights to the consolidation and enhancement of democratic systems;

OPERATIVE PARAGRAPHS

 

Article 3 (New)

Essential elements of representative democracy include the holding of universal, free, secret-ballot, informed, periodic, and fair elections as an expression of popular sovereignty; the right and opportunity for all citizens to participate in the management of public affairs, either directly or through freely elected representatives, and to enjoy equal access to public office; political pluralism and adequate representation of both majorities and minorities; access to power through constitutional means and a system permitting alternation of the party in power; a pluralist system of political parties and organizations; the rule of law, the independence of the branches of government, and mutual checks and balances; monitoring of the legality of government acts by the competent State organs; freedom of expression, association, and assembly; full access to information and the existence of independent and pluralist media; and the observance and protection of human rights, with effective legal safeguards.

 

Article 4 (new)

The strengthening of democracy requires transparency, probity, responsibility, and effectiveness in the exercise of power and public authority; respect for all human rights and fundamental freedoms; providing citizens with the means to obtain effective and equal access to justice; modernization of the State’s organizational structure and execution capacity; and the pursuit of pluralism, nondiscrimination, and diversity.

 

Article 5

Solidarity and the strengthening of inter-American cooperation for integral and sustainable development, growth with equity, and especially the fight against critical poverty are fundamental parts of the promotion and consolidation of representative democracy and constitute a common and shared responsibility of the American states.

 

Article 6

The participation of citizens and of civil society in the design of public policies and 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.

 

Article 8

The exercise of democracy must ensure the enjoyment by all persons of their fundamental liberties and the human rights 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. [The phrase « such as those » before « embodied » was deleted.]

 

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 its power, the Secretary General may, with prior consent of the government concerned, undertake visits or other actions he deems necessary to analyze the situation. The Secretary General will submit a report to the Permanent Council, which will study it and adopt within ten days measures for the preservation of the democratic system and its strengthening.

 

Article 12

The square brackets round « as well as the Summits of the Americas process » are to be deleted.

 

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, the affected government, a member state, or the Secretary General will request the immediate convocation of the Permanent Council to assess the situation, and to decide on and convoke a Meeting of Consultation of the Ministers of Foreign Affairs, or a special session of the General Assembly, all 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 Democratic Charter.

 

Artícle 14

The square brackets around « This situation would entail suspension from participation in the Summit of the Americas process. » are to be deleted.

Article 18

If the minimum guarantees or conditions for holding democratic elections do not exist, and with the consent or at the request of the interested government, the OAS may send preliminary technical missions to create or improve said conditions.

 

Article 19

The OAS will intensify and upgrade its activities and programs of various kinds to promote democracy and its values.

 

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 that the OAS foster programs designed to strengthen democratic institutions and promote links between elected political bodies and civil society.

 

Article 22

The square brackets round "and the undue influence that may be exerted by large donors" in the last clause in the article are to be deleted.

Article 23 (new)

  1. During regular sessions of the General Assembly, the heads of delegation shall meet to review compliance with commitments made under this Charter, as well as compliance with agreements and recommendations, and any earlier decisions and recommendations with respect to its implementation or the application of the provisions dealing with a specific situation.
  2. In their annual reports to the General Assembly, the Permanent Council, the General Secretariat, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights shall include a chapter on implementation of this Charter, with special reference to the recommendations for addressing problems, failings, and weaknesses in the exercise of democracy.
  3. Agreements reached by the heads of delegation shall be forwarded, through the General Assembly, to the Permanent Council.