Chile
PERMANENT MISSION OF CHILE to the
Organization of American States
Nº 285
The Permanent Mission of Chile to the Organization
of American States presents its compliments to the Chair of the Permanent Council and has
the honor to acknowledge receipt of the Note dated July 27 regarding the Draft
Inter-American Democratic Charter, which is to be adopted during the next special session
of the General Assembly to be held in Lima, Peru.
Accordingly, the Permanent Mission of Chile hereby
attaches Chile’s comments on the text of the aforementioned Draft.
The Permanent Mission of Chile to the Organization
of American States avails itself of this opportunity to reiterate to the Chair of the
Permanent Council the assurances of its highest consideration.
Washington, D.C., July 31, 2001
(AMENDMENTS ARE SHOWN IN BOLD TYPE)
PREAMBLE
Fifth preambular paragraph
CONSIDERING that the solidarity and cooperation of
American states requires their political organization 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
conditions;
Eighth preambular paragraph
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) subsequently 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.
Tenth preambular paragraph
(merges former preambular paragraphs ten and
eleven)
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, freedom, and development are inseparable and
indivisible parts of a renewed and integral vision of American solidarity, that instilling
these values will depend on the capacity of the Organization to contribute to preserve and
strengthen the democratic structures in the Hemisphere, and 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
prevent and anticipate the very causes of the problems that affect a democratic system of
government.
Eleventh preambular paragraph (new)
AWARE that the right of peoples to democracy is
the outcome of the democratic development of the countries of the region, of the work done
by the OAS and other regional and subregional mechanisms in adopting instruments and
resolutions in defense of democracy, and of the contributions made by the organs of the
inter-American system for the promotion and protection of human rights to the
consolidation and enhancement of democratic systems;
OPERATIVE PARAGRAPHS
Article 3 (New)
Essential elements of representative democracy
include the holding of universal, free, secret-ballot, informed, periodic, and fair
elections as an expression of popular sovereignty; the right and opportunity for all
citizens to participate in the management of public affairs, either directly or through
freely elected representatives, and to enjoy equal access to public office; political
pluralism and adequate representation of both majorities and minorities; access to power
through constitutional means and a system permitting alternation of the party in power; a
pluralist system of political parties and organizations; the rule of law, the independence
of the branches of government, and mutual checks and balances; monitoring of the legality
of government acts by the competent State organs; freedom of expression, association, and
assembly; full access to information and the existence of independent and pluralist media;
and the observance and protection of human rights, with effective legal safeguards.
Article 4 (new)
The strengthening of democracy requires
transparency, probity, responsibility, and effectiveness in the exercise of power and
public authority; respect for all human rights and fundamental freedoms; providing
citizens with the means to obtain effective and equal access to justice; modernization of
the State’s organizational structure and execution capacity; and the pursuit of
pluralism, nondiscrimination, and diversity.
Article 5
Solidarity and the strengthening of inter-American
cooperation for integral and sustainable development, growth with equity,
and especially the fight against critical poverty are fundamental parts of the promotion
and consolidation of representative democracy and constitute a common and shared
responsibility of the American states.
Article 6
The participation of citizens and of civil
society in the design of public policies and 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.
Article 8
The exercise of democracy must ensure the
enjoyment by all persons of their fundamental liberties and the human rights 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. [The phrase « such as
those » before « embodied » was deleted.]
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 its power, the Secretary General may, with prior consent of the government
concerned, undertake visits or other actions he deems necessary to analyze the
situation. The Secretary General will submit a report to the Permanent Council, which will
study it and adopt within ten days measures for the preservation of the democratic system
and its strengthening.
Article 12
The square brackets round « as well as the
Summits of the Americas process » are to be deleted.
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, the affected government,
a member state, or the Secretary General will request the immediate convocation of
the Permanent Council to assess the situation, and to decide on and convoke a Meeting
of Consultation of the Ministers of Foreign Affairs, or a special session of the General
Assembly, all 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 Democratic Charter.
Artícle 14
The square brackets around « This
situation would entail suspension from participation in the Summit of the Americas
process. » are to be deleted.
Article 18
If the minimum guarantees or conditions for
holding democratic elections do not exist, and with the consent or at the request
of the interested government, the OAS may send preliminary technical missions to create or
improve said conditions.
Article 19
The OAS will intensify and upgrade its
activities and programs of various kinds to promote democracy and its values.
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 that the OAS foster programs designed to strengthen
democratic institutions and promote links between elected political bodies and civil
society.
Article 22
The square brackets round "and the undue
influence that may be exerted by large donors" in the last clause in the article are
to be deleted.
Article 23 (new)
- During regular sessions of the General Assembly, the heads of
delegation shall meet to review compliance with commitments made under this Charter, as
well as compliance with agreements and recommendations, and any earlier decisions and
recommendations with respect to its implementation or the application of the provisions
dealing with a specific situation.
- In their annual reports to the General Assembly, the Permanent
Council, the General Secretariat, the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights shall include a chapter on implementation of this
Charter, with special reference to the recommendations for addressing problems, failings,
and weaknesses in the exercise of democracy.
- Agreements reached by the heads of delegation shall be forwarded,
through the General Assembly, to the Permanent Council.
