Inter-American Democratic Charter
We, the Ministers of Foreign Affairs and Heads of Delegation representing the democratically elected governments of the Americas, gathered in the city of Lima at the twenty-eighth special session of the General Assembly of the Organization of American States, as an expression of our political commitment to democracy and in accordance with the mandates of our Heads of State and Goverment at the Third Summit of the Americas, held at Quebec City, have adopted, through Resolution AG/RES. 1 (XXVIII-E/01), the Inter-American Democratic Charter.
Signed in the city of Lima, Republic of Peru, on the eleventh day of the month of September in the year two thousand and one.
RESOLUTION
THE GENERAL ASSEMBLY,
CONSIDERING that the Charter of
the Organization of American States recognizes that 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;
RECOGNIZING the contributions
of the OAS and other regional and sub-regional mechanisms to the promotion and
consolidation of democracy in the Americas;
RECALLING that the Heads of
State and Government of the Americas, gathered at the Third Summit of the
Americas, held from April 20 to 22, 2001 in Quebec City, 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 City;
REAFFIRMING that the
participatory nature of democracy in our countries in different aspects of
public life contributes to the consolidation of democratic values and to
freedom and solidarity in the Hemisphere;
CONSIDERING that solidarity
among and cooperation between American states require the political
organization of those states 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;
REAFFIRMING that the fight
against poverty, and especially the elimination of extreme poverty, is
essential to the promotion and consolidation of democracy and constitutes a
common and shared responsibility of the American states;
BEARING IN MIND that the
American Declaration on the Rights and Duties of Man and the American
Convention on Human Rights contain the values and principles of liberty,
equality, and social justice that are intrinsic to democracy;
REAFFIRMING that the promotion
and protection of human rights is a basic prerequisite for the existence of a
democratic society, and recognizing the importance of the continuous
development and strengthening of the inter-American human rights system for
the consolidation of democracy;
CONSIDERING that education is
an effective way to promote citizens' awareness concerning their own
countries and thereby achieve meaningful participation in the decision-making
process, and reaffirming the importance of human resource development for a
sound democratic system;
RECOGNIZING that a safe
environment is essential to the integral development of the human being, which
contributes to democracy and political stability;
BEARING IN MIND that the
Protocol of San Salvador on Economic, Social, and Cultural Rights emphasizes
the great importance of the reaffirmation, development, improvement, and
protection of those rights in order to consolidate the system of
representative democratic government;
RECOGNIZING that the right of
workers to associate themselves freely for the defense and promotion of their
interests is fundamental to the fulfillment of democratic ideals;
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, with due respect for the
principle of nonintervention; 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, thereby fulfilling a
long-standing aspiration of the Hemisphere to be able to respond rapidly and
collectively in defense of democracy;
RECALLING that, in the
Declaration of Nassau [AG/DEC. 1 (XXII-O/92)], it was 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 firm belief that democracy,
peace, and development are inseparable and indivisible parts of a renewed and
integral vision of solidarity in the Americas; and that the ability of the
Organization to help preserve and strengthen democratic structures in the
region will depend on the implementation of a strategy based on the
interdependence and complementarity of those values;
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 is
not limited to 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;
BEARING IN MIND that the
Ministers of Foreign Affairs of the Americas, at the thirty-first regular
session of the General Assembly, held in San Jose, Costa Rica, in keeping with
express instructions from the Heads of State and Government gathered at the
Third Summit of the Americas, in Quebec City, accepted the base document of
the Inter-American Democratic Charter and entrusted the Permanent Council of
the Organization with strengthening and expanding the document, in accordance
with the OAS Charter, for final adoption at a special session of the General
Assembly in Lima, Peru;
RECOGNIZING that all the rights
and obligations of member states under the OAS Charter represent the
foundation on which democratic principles in the Hemisphere are built; and
BEARING IN MIND the progressive
development of international law and the advisability of clarifying the
provisions set forth in the OAS Charter and related basic instruments on the
preservation and defense of democratic institutions, according to established
practice,
RESOVES:
To adopt the following
INTER-AMERICAN DEMOCRATIC CHARTER
I Democracy and the Inter-American System
Article 1
The peoples of the Americas
have a right to democracy and their governments have an obligation to promote
and defend it.
Democracy is essential for the
social, political, and economic development of the peoples of the Americas.
Article 2
The effective exercise of
representative democracy is the basis for the rule of law and of the
constitutional regimes of the member states of the Organization of American
States. Representative democracy is strengthened and deepened by permanent,
ethical, and responsible participation of the citizenry within a legal
framework conforming to the respective constitutional order.
Article 3
Essential elements of
representative democracy include, inter alia, respect for human rights
and fundamental freedoms, access to and the exercise of power in accordance
with the rule of law, the holding of periodic, free, and fair elections based
on secret balloting and universal suffrage as an expression of the sovereignty
of the people, the pluralistic system of political parties and organizations,
and the separation of powers and independence of the branches of government.
Article 4
Transparency in government
activities, probity, responsible public administration on the part of
governments, respect for social rights, and freedom of expression and of the
press are essential components of the exercise of democracy.
The constitutional
subordination of all state institutions to the legally constituted civilian
authority and respect for the rule of law on the part of all institutions and
sectors of society are equally essential to democracy.
Article 5
The strengthening of political
parties and other political organizations is a priority for democracy. Special
attention will be paid to the problems associated with the high cost of
election campaigns and the establishment of a balanced and transparent system
for their financing.
Article 6
It is the right and
responsibility of all citizens to participate in decisions relating to their
own development. This is also a necessary condition for the full and effective
exercise of democracy. Promoting and fostering diverse forms of participation
strengthens democracy.
II Democracy and Human Rights
Article 7
Democracy is indispensable for
the effective exercise of fundamental freedoms and human rights in their
universality, indivisibility and interdependence, embodied in the respective
constitutions of states and in inter-American and international human rights
instruments.
Article 8
Any person or group of persons
who consider that their human rights have been violated may present claims or
petitions to the inter-American system for the promotion and protection of
human rights in accordance with its established procedures.
Member states reaffirm their
intention to strengthen the inter-American system for the protection of human
rights for the consolidation of democracy in the Hemisphere.
Article 9
The elimination of all forms of
discrimination, especially gender, ethnic and race discrimination, as well as
diverse forms of intolerance, the promotion and protection of human rights of
indigenous peoples and migrants, and respect for ethnic, cultural and
religious diversity in the Americas contribute to strengthening democracy and
citizen participation.
Article 10
The promotion and strengthening
of democracy requires the full and effective exercise of workers' rights and
the application of core labor standards, as recognized in the International
Labour Organization (ILO) Declaration on Fundamental Principles and Rights at
Work, and its Follow-up, adopted in 1998, as well as other related fundamental
ILO conventions. Democracy is strengthened by improving standards in the
workplace and enhancing the quality of life for workers in the Hemisphere.
III Democracy, Integral Development, and Combating Poverty
Article 11
La democracia y el desarrollo económico y
social son interdependientes y se refuerzan mutuamente.
Article 12
Poverty, illiteracy, and low
levels of human development are factors that adversely affect the
consolidation of democracy. The OAS member states are committed to adopting
and implementing all those actions required to generate productive employment,
reduce poverty, and eradicate extreme poverty, taking into account the
different economic realities and conditions of the countries of the
Hemisphere. This shared commitment regarding the problems associated with
development and poverty also underscores the importance of maintaining
macroeconomic equilibria and the obligation to strengthen social cohesion and
democracy.
Article 13
The promotion and observance of
economic, social, and cultural rights are inherently linked to integral
development, equitable economic growth, and to the consolidation of democracy
in the states of the Hemisphere.
Article 14
Member states agree to review
periodically the actions adopted and carried out by the Organization to
promote dialogue, cooperation for integral development, and the fight against
poverty in the Hemisphere, and to take the appropriate measures to further
these objectives.
Article 15
The exercise of democracy
promotes the preservation and good stewardship of the environment. It is
essential that the states of the Hemisphere implement policies and strategies
to protect the environment, including application of various treaties and
conventions, to achieve sustainable development for the benefit of future
generations.
Article 16
Education is key to
strengthening democratic institutions, promoting the development of human
potential, and alleviating poverty and fostering greater understanding among
our peoples. To achieve these ends, it is essential that a quality education
be available to all, including girls and women, rural inhabitants, and
minorities.
IV Strengthening and
Preservation of Democratic Institutions
Article 17
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 request assistance from the
Secretary General or the Permanent Council for the strengthening and
preservation of its democratic system.
Article 18
When situations arise in a
member state that may affect the development of its democratic political
institutional process or the legitimate exercise of power, the Secretary
General or the Permanent Council may, with prior consent of the government
concerned, arrange for 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 19
Based on the principles of the
Charter of the OAS and subject to its norms, and in accordance with the
democracy clause contained in the Declaration of Quebec City, an
unconstitutional interruption of the democratic order or an unconstitutional
alteration of the constitutional regime that seriously impairs the democratic
order in a member state, constitutes, while it persists, an insurmountable
obstacle to its government's participation in sessions of the General
Assembly, the Meeting of Consultation, the Councils of the Organization, the
specialized conferences, the commissions, working groups, and other bodies of
the Organization.
Article 20
In the event of an
unconstitutional alteration of the constitutional regime that seriously
impairs the democratic order in a member state, any member state or the
Secretary General may request the immediate convocation of the Permanent
Council to undertake a collective assessment of the situation and to take such
decisions as it deems appropriate.
The Permanent Council,
depending on the situation, may undertake the necessary diplomatic
initiatives, including good offices, to foster the restoration of democracy.
If such diplomatic initiatives
prove unsuccessful, or if the urgency of the situation so warrants, the
Permanent Council shall immediately convene a special session of the General
Assembly. The General Assembly will adopt the decisions it deems appropriate,
including the undertaking of diplomatic initiatives, in accordance with the
Charter of the Organization, international law, and the provisions of this
Democratic Charter.
The necessary diplomatic
initiatives, including good offices, to foster the restoration of democracy,
will continue during the process.
Article 21
When the special session of the
General Assembly determines that there has been an unconstitutional
interruption of the democratic order of a member state, and that diplomatic
initiatives have failed, the special session shall take the decision to
suspend said member state from the exercise of its right to participate in the
OAS by an affirmative vote of two thirds of the member states in accordance
with the Charter of the OAS. The suspension shall take effect immediately.
The suspended member state
shall continue to fulfill its obligations to the Organization, in particular
its human rights obligations.
Notwithstanding the suspension
of the member state, the Organization will maintain diplomatic initiatives to
restore democracy in that state.
Article 22
Once the situation that led to
suspension has been resolved, any member state or the Secretary General may
propose to the General Assembly that suspension be lifted. This decision shall
require the vote of two thirds of the member states in accordance with the OAS
Charter.
V Democracy and Electoral
Observation Missions
Article 23
Member states are responsible
for organizing, conducting, and ensuring free and fair electoral processes.
Member states, in the exercise
of their sovereignty, may request that the Organization of American States
provide advisory services or assistance for strengthening and developing their
electoral institutions and processes, including sending preliminary missions
for that purpose.
Article 24
The electoral observation
missions shall be carried out at the request of the member state concerned. To
that end, the government of that state and the Secretary General shall enter
into an agreement establishing the scope and coverage of the electoral
observation mission in question. The member state shall guarantee conditions
of security, free access to information, and full cooperation with the
electoral observation mission.
Electoral observation missions
shall be carried out in accordance with the principles and norms of the OAS.
The Organization shall ensure that these missions are effective and
independent and shall provide them with the necessary resources for that
purpose. They shall be conducted in an objective, impartial, and transparent
manner and with the appropriate technical expertise.
Electoral observation missions
shall present a report on their activities in a timely manner to the Permanent
Council, through the General Secretariat.
Article 25
The electoral observation
missions shall advise the Permanent Council, through the General Secretariat,
if the necessary conditions for free and fair elections do not exist.
The Organization may, with the
consent of the state concerned, send special missions with a view to creating
or improving said conditions.
VI Promotion of a Democratic
Culture
Article 26
The OAS will continue to carry
out programs and activities designed to promote democratic principles and
practices and strengthen a democratic culture in the Hemisphere, bearing in
mind that democracy is a way of life based on liberty and enhancement of
economic, social, and cultural conditions for the peoples of the Americas. The
OAS will consult and cooperate on an ongoing basis with member states and take
into account the contributions of civil society organizations working in those
fields.
Article 27
The objectives of the programs
and activities will be to promote good governance, sound administration,
democratic values, and the strengthening of political institutions and civil
society organizations. Special attention shall be given to the development of
programs and activities for the education of children and youth as a means of
ensuring the continuance of democratic values, including liberty and social
justice.
Article 28
States shall promote the full
and equal participation of women in the political structures of their
countries as a fundamental element in the promotion and exercise of a
democratic culture.