PERMANENT
COUNCIL OF THE ORGANIZATION OF AMERICAN STATES
GT/CDI-2/01 add. 12
21 August 2001
Original: Spanish
Working Group to study the
Draft Inter-American Democratic Charter
COMMENTS AND PROPOSALS OF MEMBER STATES ON
THE DRAFT INTER-AMERICAN DEMOCRATIC CHARTER
Dominican Republic
PERMANENT MISSION OF THE DOMINICAN
REPUBLIC
TO THE ORGANIZATION OF AMERICAN STATES
1715 22ND St., N.W., Washington, D.C.
20008-1931
202-332-9142/202-232-5038
MP-RD-OEA
816-01
Washington, D.C., August 17, 2001
Excellency:
I have the honor to address Your Excellency to
submit the comments and changes to the Draft Inter-American Democratic Charter of the
permanent mission that I head, for the purpose of distribution to the other missions.
Accept, Excellency, the renewed assurances of my
highest consideration.
Ramón Quiñones
Ambassador, Permanent Representative
His Excellency Hernán Castro
Ambassador, Permanent Representative
of Costa Rica to the Organization
of American States
Chairman of the Permanent Council
Washington, D.C.
PERMANENT MISSION OF THE DOMINICAN REPUBLIC
TO THE ORGANIZATION OF AMERICAN STATES
COMMENTS AND CHANGES TO THE DRAFT
"INTER-AMERICAN DEMOCRATIC CHARTER"
I. INTRODUCTION
The Permanent Mission of the Dominican Republic to
the Organization of American States (OAS) confirms its unwavering commitment to the
strengthening of democracy and expresses its support for the initiative to approve a
hemispheric instrument that systematizes the experience of the Organization related to the
defense and promotion of democracy and reaffirms the commitment of its member states
thereto.
The strengthening of democracy is not an easy
task. In many of our countries, it is still an unfinished task that requires a consensus
on the part of the different social actors and the commitment of the citizens of the
Hemisphere. The Organization is called upon to play an important role in this regard, not
only because of the commitment set forth in its constitutive Charter, but also because it
offers a suitable hemispheric forum for the discussion of political and social matters.
One of the great threats to democracy is poverty
and the social exclusion of large segments of the populations of our societies. The
strengthening of democracy is inextricably linked to the eradication of poverty and a
better distribution of the benefits of economic growth within our countries and throughout
the Hemisphere. Shared cooperation with a view to development should be a key concern and
should serve as a means of reducing poverty in the Hemisphere.
A frontal assault on any institutional threat to
democracy should involve a frontal assault on poverty and exclusion. The document
resulting from discussion within the Permanent Council and approved subsequently by the
special session of the General Assembly should take into account this inextricable link
between democracy and development.
The Mission of the Dominican Republic expresses
its hope that the ideals of the Organization will be attained and, along with other
states, joins in the exercise of reflection and submission of proposals.
II. COMMENTS AND OBSERVATIONS
1. Nature of the document: The document
adopted in Peru should be a resolution that lays the groundwork for possible amendments
later on to the OAS Charter, as necessary, through a binding protocol or instrument.
2. Title of the Resolution: It is suggested
that the document be called the "Democratic Commitment of the Americas,"
in order to avoid confusion with the OAS Charter.
3. Democracy should be construed as a concept that
has evolved and has been improved upon in recent years. Consequently, if democracy is
qualified, then its scope is restricted. The Mission of the Dominican Republic would feel
more comfortable if reference were made simply to democracy, without attaching such labels
as representative or participatory, inasmuch as these characteristics are inherent in but
are not the sole components of democracy.
4. The topic of poverty should be considered a key
topic that is inextricably linked to the strengthening of democracy. It would be useful to
devote a paragraph of the document to the relationship between democracy and development,
to include in it the contents of Article 5 and to expand it using the proposals of Haiti,
Costa Rica, Venezuela, and Antigua and Barbuda.
5. It is necessary to define the scope of the
expression "any unconstitutional alteration or interruption," in the interest of
having one solid document and in order to avoid in the future, interpretations of the
instances in which the resolution would apply, as well as the possible adoption of
punitive measures against member states for matters that are not specified or covered in
the document.
6. It is necessary to preserve the principle of
non-intervention in the domestic affairs of member states as an integral part of the
principles of the OAS Charter and inter-American system. For this reason, the situations
in which this principle of non-intervention must give way to a higher principle, such as
the preservation of democracy, should be made clear. Therefore, the specific circumstances
under which the Organization will be authorized to intervene in the domestic affairs of
member states must be spelled out.
7. If the resolution is to be a truly hemispheric
commitment, a consensus in this regard must be reached by all member states. The
application of this resolution will then take place equally, with no exceptions being
made. Failing this, the resolution would be devoid of meaning and would not be considered
a hemispheric commitment.
8. The document should stipulate that democracy
goes hand in hand with the establishment of instruments of accountability, transparency in
the use of public resources, and responsibility on the part of social actors, particularly
political parties, insofar as the proper handling of public assets is concerned.
9. With respect to electoral observation missions,
clear rules and procedures should be established and guarantees provided for their
enhanced objectiveness and impartiality, through the establishment of a fund for this
purpose that guarantees their independence, among other things.
10. It will be useful to establish progressive
suspension measures and an early warning system that permits detection of the presence of
factors that undermine democratic stability in a specific country, as well as the
mechanism of the Organization that would be responsible for monitoring this situation with
a view to alerting the Organization in a timely manner. This monitoring mechanism may take
the form of reports on the situation of democracy in the countries of the Hemisphere,
drafted by the Unit for the Promotion of Democracy. These reports could be submitted to
the Permanent Council annually or whenever a situation occurs that may give rise to an
interruption of the democratic order in any country.
11. The monopolization of the mass media is an
obstacle to the strengthening of the democratic process. For this reason, steps must be
taken to avoid a monopoly of the media by certain sectors. Also, states must guarantee
access by citizens to the mass media and to accurate information.
III. COMMENTS ON THE ARTICLES
Article 1: The Dominican Republic supports the
Canadian proposal to modify the content of this article is order to make it more precise
and forceful. The article would read: "Democracy is essential for the social,
political, and economic development of the peoples of the Americas."
Article 2: Democracy should not be qualified;
instead only the term democracy should be used.
Article 3: Only the term "democracy"
should be used without any qualifications. The expression "inter alia," proposed
by Chile and Costa Rica should be included, in order to avoid the need to provide an
exhaustive list of the elements that compose democracy. The Dominican Republic supports
Costa Rica's proposal to include other elements in democracy. The article would read as
follows: Essential elements of democracy are, inter alia, the holding of free, fair,
periodic, 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 development of oversight
entities, and respect for human rights and fundamental freedoms. The principle of the
division of powers, the supremacy of civil authority, and guarantees of the protection of
the rights of minorities are also considered essential elements of democracy."
There would be no need to keep the sentence regarding gender, ethnicity, and
multiculturalism, inasmuch as they are contained in Article 20, as proposed by Costa Rica.
Article 4: The Dominican Republic proposes
changing it, based on the proposal of El Salvador, to include freedom of expression,
social well-being, respect for individual rights, and legitimacy.
Article 5: The Dominican Republic proposes
eliminating the adjective "critical" and simply making reference to
poverty. It proposes adding the following paragraph: Member states shall make efforts
to reduce poverty levels in their countries, as a way of strengthening their commitment to
democracy." See point 4 above.
Article 6: The Dominican Republic supports the
proposals of Chile and El Salvador.
The Dominican Republic supports the proposal of
Venezuela on the environment (new paragraph).
Article 7: The Dominican Republic proposes
inclusion of the word "essential" in order to underscore the importance
of democracy with respect to human rights and fundamental liberties. The article would
read: "Democracy is an essential condition for the full and effective enjoyment of
human rights and fundamental liberties."
Article 8: The Dominican Republic proposes
deletion of the phrase "such as those," based on the proposal of Chile.
It supports the inclusion of the words "fully," and "the
enjoyment and exercise," based on Venezuela's proposal.
Article 9: The Dominican Republic proposes
bringing together the elements of the Colombian and Salvadoran proposals, so that the
article reads as follows: "Anyone whose civil and political rights are violated is
entitled to present claims or petitions before the inter-American system for the
protection and promotion of human rights in accordance with its established procedures."
It also proposes inclusion of the paragraph proposed by Costa Rica which states: "In
accordance with the foregoing, the member states fully confirm their intent and commitment
to strengthen, on an ongoing basis, the inter-American system for the protection of human
rights as a regulatory and institutional system (delete "of extreme importance")
aimed at the consolidation of democracy in the Hemisphere."
Article 10: The Dominican Republic supports the
proposal of El Salvador to include "democratically elected" and to keep
"the legitimate exercise of power."
Article 11: The Dominican Republic proposes
merging the proposed changes of Chile and Venezuela, so that the Article reads as follows:
"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 that he deems necessary in order to analyze the situation. The Secretary
General will submit a report to the Permanent Council, which will review it and make a
decision, within ten days, regarding the preventive measures aimed at the preservation of
the democratic system and its strengthening.
Article 12: The Dominican Republic proposes
adoption of Colombia's proposal that the article refer to "any alteration that
involves an interruption…," inasmuch as this phrase defines the type of
alteration, which would make the article clearer and more precise. Insofar as the words
"grave or serious" are concerned, it would be better to keep "insurmountable
obstacle." It supports the proposal of Chile regarding deletion of the square
brackets around the phrase "as well as the Summits of the Americas process."
Article 13: Taking into account the proposals of
Costa Rica and Venezuela, the article would read as follows: "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 in any member state of the Organization, 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, after
analyzing the situation, may first issue, with a vote of (delete " at least")
two-thirds of its members, an early statement indicating its concern over the violation of
the democratic principles set forth in this instrument and will issue the appropriate
warnings and suggest measures that the member state should take to remedy the situation.
Should the situation persist, the Permanent Council shall convene, within a thirty-day
period, a Meeting of Consultation of the Ministers of Foreign Affairs, or a special
session of the General Assembly 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 instrument.
Article 14: The Dominican Republic proposes
drafting the article taking into account the proposal of Costa Rica, with a number of
changes: "When the Meeting of Consultation of the Ministers of Foreign Affairs or
a special session of the General Assembly determines that there has been a continuation of
the unconstitutional interruption or alternation of the democratic order of a member
state, it shall be, pursuant to the OAS Charter and the requirements of this instrument
set forth in Chapter I, by means of the affirmative vote of two-thirds of the member
states. This decision leads to the suspension of said state in the exercise of its
right to participate in the OAS and in the Summit of the Americas process. The suspension
shall take effect immediately. The member state which has been subject to suspension shall
continue to fulfill its obligations to the Organization, in particular, its human rights
obligations."
Article 15: The Dominican Republic supports the
proposal of Colombia in its entirety.
Article 16: The Dominican Republic proposes
inclusion of the phrase "once constitutional order has been reestablished"
after the reference to lifting the suspension. The article would read: "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, once
constitutional order has been reestablished. This decision shall require the vote of
two-thirds of the member states, in accordance with the OAS Charter."
Article 17: The Dominican Republic supports the
proposal of Saint Lucia to change the position of the sentence: "as well as
security and free access to information."
Article 18: The Dominican Republic supports the
proposal of Chile to replace the words "free and fair" with "democratic."
Article 19: The Dominican Republic proposes
drafting the article taking into account the proposals of Chile and Saint Lucia, with a
number of changes: "The OAS will step up and improve its activities and programs
aimed at the promotion and strengthening of democratic values and principles, as
well as the consolidation of mechanisms for the participation of civil society."
Article 20: The Dominican Republic proposes
drafting the paragraph taking into account the proposals of Saint Lucia and Costa Rica:
"The objectives of the programs and actions will be to promote governance,
stability, sound management, 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. In view of the fact that democracy is not just a juridical structure and
a political regime, but a way of life founded in liberty and the constant economic, social
and cultural improvement of its people, such programs will also give priority to
strengthening and promoting a democratic culture and democratic principles and practices,
as well as the values of liberty and social justice in child and youth education. Democracy
shall be promoted in a manner that takes into account cultural and linguistic diversity
and gender equity and equality."
Article 21: The Dominican Republic supports the
proposal of Chile regarding the addition of member states. The article would read: "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 the
promotion of programs by the OAS and member states to strengthen democratic
institutions and to promote ties between elected political bodies and civil society."
