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CONDITIONS DO NOT MEET REQUIREMENTS TO INVOKE ARTICLE 18 OF THE INTERAMERICAN DEMOCRATIC CHARTER

  July 12, 2007

On June 19 the United States Permanent Mission to the Organization of American States (OAS), citing Articles 4 and 18 of the Inter-American Democratic Charter, urged Secretary General José Miguel Insulza to “make every effort to visit Venezuela to consult in good faith with all interested parties in the case of Radio Caracas TV (RCTV), or consider other actions to address the situation, and to make a full report to the foreign ministers through the Permanent Council at the earliest opportunity.”

The application of Article 18 of the Inter-American Democratic Charter requires “the consent of the government concerned.” Accordingly, Secretary General Insulza requested the consent of the Government of the Bolivarian Republic of Venezuela, to undertake the appropriate measures.

On July 9, the Venezuelan delegation conveyed that Government’s response, which stated that it deems the request form the United States of America “totally unacceptable.” The Secretary General then informed the US government that it could not meet such a request.

In the inter-American system, issues concerning freedom of expression which are enshrined in Article 4 of the Inter-American Democratic Charter, as “essential components of the exercise of democracy,” can be addressed in two ways: between governments, which requires their mandatory prior consent; or by the affected parties petitioning their case before the bodies protecting those rights, the Commission and the Inter-American Court of Human Rights. The Commission will now hear, during its initial phase, a petition presented relating to the issue of Radio Caracas Television (RCTV)

Reference: E-171/07