COMMENTS BY THE GOVERNMENT OF COSTA RICA
ON REVISION 7 OF THE DRAFT INTER-AMERICAN
DEMOCRATIC CHARTER
THE GENERAL ASSEMBLY,
BEARING IN MIND that the Heads of State and
Government, gathered in Quebec City, at the Third Summit of the Americas, adopted the
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 Summit
of the Americas process";
FULFILLING the mandate given to the foreign
ministers "to prepare, in the framework of the next General Assembly of the OAS, an
Inter-American Democratic Charter to reinforce OAS instruments for the active defense of
representative democracy";
COMMENDING the Government of Peru for its
initiative and leadership in activities related to the Inter-American Democratic Charter
proposal; and
CONSIDERING that, in accordance with the Charter
of the Organization of American States, 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,
RESOLVES:
1. To reaffirm the resolve of all its member
states to adopt an Inter-American Democratic Charter for the purpose of promoting and
consolidating representative democracy as the system of government of all American states.
2. To accept the attached proposed Inter-American
Democratic Charter, which will serve as the base document for final consideration of the
Charter by the member states.
3. To instruct the Permanent Council to strengthen
and expand, by September 10, 2001, the proposed Inter-American Democratic Charter, in
accordance with the OAS Charter, taking into account any consultations that member state
governments may carry out in keeping with their constitutional procedures and democratic
practices.
4. To make public the proposed Inter-American
Democratic Charter in order to help civil society form an opinion, in accordance with the
Guidelines for Civil Society Participation in OAS Activities.
5. To instruct the Permanent Council to convene a
special session of the General Assembly, to be held in Lima, Peru, by no later than
September 30, 2001.
APPENDIX
DRAFT RESOLUTION
INTER-AMERICAN DEMOCRATIC CHARTER
THE GENERAL ASSEMBLY,
RECALLING that the Heads of State and Government
of the Americas, gathered in Quebec City, at the Third Summit of the Americas, held from
April 20 to 22, 2001, 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;
AWARE that, on that occasion, the Heads of State
and Government instructed their foreign ministers to prepare, in the framework of the
thirty-first regular session of the General Assembly of the OAS in San José, Costa Rica,
an Inter-American Democratic Charter to reinforce OAS instruments for the active defense
of representative democracy;
CONSIDERING that, in accordance with the Charter
of the Organization of American States, 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;
REAFFIRMING that the participatory nature that
attends to the exercise of democracy in our countries in different aspects of public life
contributes to consolidating its values, as well as freedom and solidarity in the
Hemisphere;
CONSIDERING that the solidarity and cooperation of
American states require the political organization of those states on the basis of the
effective exercise of representative democracy, and that development, economic growth with
equity, democracy, and respect for the promotion of human rights are interdependent
and mutually reinforcing conditions;
REAFFIRMING that the elimination of extreme
poverty is an essential part of the promotion and consolidation of democracy and
constitutes a common and shared responsibility of the American states;
AWARE of the significant contribution of the
development and strengthening of the inter-American human rights system for the
consolidation of democracy in the Hemisphere;
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) 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;
RECALLING that, in the Declaration of Nassau
[AG/DEC. 1 (XXII-O/92)], the member states 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 conviction that democracy, peace, and development are
inseparable and indivisible parts of a renewed and integral vision of American solidarity,
and that instilling these values will depend on the capacity of the Organization to
contribute to preserving and strengthening the democratic structures in the Hemisphere;
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 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 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; and
TAKING INTO ACCOUNT that it is useful to
consolidate and strengthen in this Charter the different provisions in the fields of
promotion, preservation, and defense of democracy, in order to provide the member states
and the Organization with a series of performance standards and procedures in the event of
an unconstitutional alteration or interruption of the democratic order in a member state,
RESOLVES:
To adopt the following:
INTER-AMERICAN DEMOCRATIC CHARTER
I
Democracy and the Inter-American System
Article 1
Democracy is essential to the political, social,
and economic development of the States of the American Hemisphere and their peoples.
Article 2
Representative democracy is the political system
of the states of the Organization of American States, on which their constitutional
regimes and the rule of law are based.
Article 3
Essential elements of representative democracy are,
inter alia, the holding of free, fair, regular, transparent, and competitive
elections, as an expression of popular sovereignty, as well as access to power
through constitutional means, a pluralist system of political parties and organizations, the
rule of law, the existence and operation of oversight agencies, and respect for
human rights and fundamental freedoms, taking into account the principles of equity in
respect of gender, ethnicity, and multiculturalism. The principle of separation of powers
– which requires fully autonomous executive, legislative, and judicial branches and
electoral authorities – the supremacy of civil over military authority, as well as
protection for the rights of minorities.
Article 4
The strengthening of democracy requires
transparency, probity, responsibility, and effectiveness in the exercise of public
authority, the existence of rules and mechanisms for accountability, free access to
public information, as well as protection and full respect for the freedom of thought,
expression, and the press.
Article 5
The promotion and consolidation of economic,
social, and cultural rights is inseparable from the development and consolidation of
democracy in the American countries. In that sense, solidarity and the strengthening
of inter-American cooperation for integral development must result in the full
participation of all member states in the processes of development, especially within the
framework of the FTAA, taking into account differences in levels of development as well as
the economic asymmetry among countries in the Hemisphere. The fight against critical
poverty is a fundamental part of the promotion and consolidation of representative
democracy and constitutes a common and shared responsibility of the American states.
Article 6
Citizen participation 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.
II
Democracy and Human Rights
Article 7
Democracy is the only system of government that
permits coexistence based on the full and effective enjoyment of human rights and
fundamental freedoms.
Article 8
The exercise of democracy must ensure the
enjoyment by all persons of their fundamental freedoms and the human rights such as those
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, buttressed by instruments of
the international law of human rights ratified by the member countries and binding upon
them.
Article 9
Persons whose human rights are violated are
entitled to present claims or petitions before the inter-American system for the promotion
and protection of human rights in accordance with its established procedures. Pursuant
to the foregoing, member states fully ratify their intention and mission to continually
strengthen the Inter-American System for the Protection of Human Rights as an extremely
important rulemaking and institutional system for the consolidation of democracy in the
American Hemisphere.
III
Mechanisms for the Strengthening and Defense of
Democracy
Article 10
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 solicit from the Organization timely and necessary assistance for the
preservation of its democratic system and its strengthening.
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 power, the Secretary General may, with prior consent of the government
concerned, undertake 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 11 (bis)
Early warning mechanism
When events in the member states produce
alterations sufficiently grave to threaten democratic principles or the legitimate
exercise of power by a democratic government -- in accordance with the essential
requisites and values set forth in CHAPTER 1 of this instrument -- any other member state
or the Secretary General may request immediate convocation of the Permanent Council to
collectively assess the situation. After analyzing the situation, the Permanent Council
may, in an initial phase and subject to the agreement of its members, issue an "early
warning" communique indicating the Council’s concerns over the violation of
democratic principles contained in this Democratic Charter and providing the appropriate
warnings and suggestions for correcting the situation to the member states, indicating a
time limit of no more than 30 days to make the corrections necessary to restore a fully
effective democratic system. If the situation persists beyond the expiration of this time
limit, the Permanent Council, within 10 days, shall convene a Meeting of Consultation of
Ministers of Foreign Affairs or a special session of the General Assembly to deliberate on
the application of the DEMOCRACY CLAUSE contained in articles 12 and 13 of this
instrument.
Democracy Clause
Article 12
In accordance with the democracy clause contained
in the Declaration of Quebec City, a continuing and sustained unconstitutional
interruption or alteration of the democratic order in a member state of the OAS --
contemplated in the basic requisites or essential values contained in Chapter I of this
Charter -- constitutes an insurmountable obstacle to the participation of that state's
government in sessions of the General Assembly, the Meeting of Consultation, the Councils
of the Organization, and the specialized conferences, the commissions, working groups, and
any other bodies established in the OAS, subject to the Charter of the OAS (as well as the
Summits of the Americas process). This exclusion shall become effective, when warranted
by the circumstances, without the need for prior application of the early warning
mechanism, in accordance with the procedure indicated in the following articles.
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, according to the
essential requisites and values contained in this instrument, the affected state,
another member state, or the Secretary General will request the immediate convocation of
the Permanent Council to make a collective assessment of the situation. The Permanent
Council will convoke, depending on the situation, a Meeting of Consultation of Ministers
of Foreign Affairs or a special session of the General Assembly within a 10-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.
Article 14
When the Meeting of Consultation of Ministers of
Foreign Affairs or a special session of the General Assembly determines that there has
been an unconstitutional interruption of the democratic order of a member state, it shall
be, pursuant to the OAS Charter and the requisites indicated in Chapter I of this
instrument, by means of the affirmative vote of two thirds of the member states. This
determination leads to the suspension of said state in the exercise of its right to
participate in the OAS. (This situation would entail suspension from participation in the
Summits of the Americas process.) The suspension shall take effect immediately. The member
state which has been subject to suspension shall continue to fulfill its administrative
and financial obligations towards the Organization, and in particular its human rights
obligations.
Article 15
When a decision is taken to suspend a government,
the Organization will maintain its diplomatic initiatives to restore democracy in the
affected member state.
Article 16
Any member state or the Secretary General may
propose to the Meeting of Consultation of Ministers of Foreign Affairs or to the General
Assembly that the suspension be lifted. This decision shall require the vote of two thirds
of the member states, in accordance with the OAS Charter.
IV
Democracy and Electoral Observation Missions
Article 17
The OAS will send electoral observation missions
with such scope and coverage as determined in the Agreement signed for these purposes with
the interested member state if in the country there exist conditions of security and free
access to information. The electoral observation missions shall be carried out provided
the member state requesting the mission guarantees the free and fair nature of the
electoral process and the appropriate conduct of the electoral institutions. The Secretary
General may send preliminary missions for the purpose of assessing the existence of said
conditions.
Article 18
If the minimum guarantees or conditions for
holding free and fair elections do not exist, with the consent or at the request of the
interested government, the OAS may send preliminary technical missions to create or
improve said conditions.
V
The Promotion of Democracy
Article 19
The OAS will continue to undertake activities and
programs of various kinds to promote democracy and its values.
Article 20
The objectives of the programs and actions will be
to promote governance, stability, good governance, and the quality of democracy, with
special preference given to strengthening political institutions and the wide range of
social organizations which make up civil society. At the same time, and noting that
democracy is not just a juridical structure and a political regime, but a way of life
founded on liberty and the constant economic, social, and cultural improvement of its
people, such programs will pay similar attention to strengthening a democratic culture and
promoting democratic principles and practices and the values of liberty and social justice
in child and youth education. The values of multiculturalism, multilingualism, and
rights to gender equality shall also form part of the agenda for promoting democracy in
the region.
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 programs and resources to strengthen democratic
institutions and foster democratic values. It is a priority to promote a link between
elected political bodies and civil society.
Article 22
Political parties and other political
organizations are essential components of democracy. It is a priority interest of the
inter-American democratic community to promote growing and representative participation by
the people in political parties to strengthen the democratic way of life, while paying
special attention to the problems derived from the high cost of electoral campaigns [and
the undue influence that may be exerted by large donors.
