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INTER-AMERICAN JURIDICAL COMMITTEE ASSERTS THAT DEMOCRACY IS NOT LIMITED TO THE ELECTORAL PROCESS

  September 8, 2009

Democracy is not limited to the electoral process, but is also expressed in the legitimate exercise of power, including the respect for the essential elements, components and attributes of democracy. That’s how one of the Organs of the Organization of American States (OAS) put it in a Resolution based on inter-American agreements and declarations on Democracy and Human Rights.

The Inter-American Juridical Committee (CJI), based in the city of Rio de Janeiro, is one of the Organs through which the OAS accomplishes its purposes. The Committee serves the Organization as an advisory body on juridical matters of an international nature and promotes the progressive development and codification of international law in the region.

In its Resolution, which doesn’t seek to redefine but to recall and reinforce the framework of democracy, the CJI emphasizes the vital link between the effective exercise of representative democracy and the Rule of Law.

“Perpetuation in power, or the exercise of power without a fixed term and with the express intent of perpetuation, is incompatible with the exercise of democracy,” the CJI recalled among other things in its document.

Moreover, the CJI emphasized that it is necessary to strengthen independent Judicial Powers invested with autonomy and integrity, and insisted on the importance of preventing and anticipating the very causes of the problems that affect the democratic system of government.

The issuance of this Resolution coincides with the perception of a need in Latin America to reevaluate the meaning of the legitimate exercise of the democratic process.

The document put together by the Committee originated in a Resolution of the General Assembly of the OAS, held in early June 2009, in which the highest political organ of the Organization resolved to take note of “the importance for the CJI to continually address the subjects related to the Inter-American Democratic Charter.”

Reference: E-282/09