INTER-AMERICAN DEMOCRATIC
CHARTER1/
DRAFT RESOLUTION – rev. 7 |
NEW PROPOSALS
PREAMBULAR PARAGRAPHS
OR NEW ARTICLES |
PROPOSED AMENDMENTS
PRESENTED BY THE MEMBER STATES
(UNDERLINED) |
COMMENTS BY THE MEMBER
STATES ON SPECIFIC ARTICLES |
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; |
|
|
|
New
preambular Paragraph
(the exact placement of the text has not been indicated) |
1. SURINAME
(add3.a)
Aware that education is a vehicle for arriving at effective and
meaningful participation in the decision making process and that education allows citizens
to take informed positions towards developments in their respective countries. Reaffirming
therefore the importance of Human Resource Development for an effective and solid
democratic system; |
|
|
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, and democracy are interdependent and mutually
reinforcing conditions; |
|
1. CHILE. (add.5)
CONSIDERING that the solidarity and cooperation of American states
require their political organization based on the effective exercise of representative
democracy, and that economic growth with and social development based
on justice and equity and democracy 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; |
|
|
|
NEW PREAMBULAR PARAGRAPH
(the exact placement of the text has not been indicated) |
1. VENEZUELA (add.9)
Recognizing that efforts to promote democracy and political stability in the Hemisphere
will not be sufficient if a safe ecological environment that permits the integral
development of the human being is not present. |
|
|
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; |
|
|
|
NEW PREAMBULAR PARAGRAPH
(the exact placement of the text has not been indicated) |
1. VENEZUELA (add.
9) Reaffirming that the promotion and protection of human rights is a basic prerequisite
for the existence of a democratic society. |
|
|
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; |
|
1. CHILE (add. 5)
Add the following phrase to the original preambular paragraph, thereby
fulfilling a long-standing aspiration of the Hemisphere to be able to respond rapidly and
collectively in defense of democracy; |
|
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; |
|
1. CHILE (add.5)
Add the following at the end of the original preambular paragraph:
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; (Merge this paragraph with
the one that follows in the original text.) |
|
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
|
1. CHILE (add.5)
AWARE that the right of peoples to democracy is the outcome of the
development of democracy in the countries of the region, of the work that the OAS and
other regional and subregional mechanisms have been doing in adopting instruments and
resolutions in defense of the democratic order, and of the contributions that the organs
of the inter-American system for the promotion and protection of human rights have been
making to consolidate and improve democratic systems; |
|
|
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, |
|
1. COLOMBIA (add.8):
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 any alteration that
involves an unconstitutional interruption, of the democratic order in a member state, |
|
RESOLVES:
To approve the following:
INTER-AMERICAN DEMOCRATIC CHARTER |
|
|
|
I
Democracy and the Inter-American System
Article 1
The peoples of the Americas have a right to democracy. |
1. CANADA ( add.1)
Democracy is essential for the social, political, and economic
development of the peoples of the Americas.
|
2. SAINT LUCIA(add.6)
The peoples of the Americas have a right to democracy since
democracy has proven to be the best way to achieve human and social development, which on
the basis of free and universal electoral processes, requires the daily and constant
participation of all citizens in the permanent task of its enhancement and renewal.
3. COLOMBIA ( add.8)
Add the following at the end or the original text:
and their governments have the obligation to promote and defend
democracy.
4. VENEZUELA (add.9)
Add at the end of the original article the phrase: and to the
gradual improvement of democracy.
5. EL SALVADOR (add.10)
The peoples of the Americas have a right to democracy and a duty to
demand it. It is an obligation of the member states to guarantee and develop it. |
|
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. |
|
1. VENEZUELA (add.9)
Representative and participatory 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. |
1. Ecuador (add.7) |
NEW ARTICLE |
1. VENEZUELA (add.9)
Representative democracy is strengthened and deepened when citizen
participation is permanent and ongoing. Participatory democracy, on the other hand, is an
indissoluble component of democratic life and contributes to the enhancement of
representative democracy. |
|
|
Article 3
Essential elements of representative democracy are the holding of free
and fair elections as an expression of popular sovereignty, access to power through
constitutional means, a pluralist system of political parties and organizations, and
respect for human rights and fundamental freedoms. |
|
1. CHILE ( add.5 )
Essential elements of representative democracy include the
holding of universal, free, secret-ballot, informed, periodic, and just
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, and fundamental freedoms with
effective legal safeguards.
|
1. PERU (add.2)
2. CANADA (add. 1) |
| |
|
2. SAINT LUCIA (
add.6)
Essential elements of representative democracy are, inter alia,
... (continues unchanged.)
3. COLOMBIA (add.8): add the expression "inter
alia" or an equivalent phrase in an appropriate place, so that the list will
not be exhaustive.
4. VENEZUELA (add.9)
Add the following phrase at the end of the original article:
, including freedom of the press and other information media.
5. EL SALVADOR (add. 10)
Essential elements of representative democracy are the holding of free
and transparent elections as an expression of popular sovereignty, access to power
through constitutional means, a pluralist system of political parties and organizations,
and respect for human rights and fundamental freedoms. The American States shall
strengthen representative democracy through the effective participation of women in basic
electoral and decision-making processes, on an equal footing with men. |
|
Article 4
The strengthening of democracy requires transparency, probity,
responsibility, and effectiveness in the exercise of public authority, respect for social
rights, and freedom of the press, as well as economic and social development. |
1. SAINT LUCIA(add.6)
The strengthening of democracy requires respect for social rights,
freedom of the press, economic and social development, effectiveness in the exercise of
public authority as well as public accountability. Public accountability applies to all
those who hold public authority, whether elected or non-elected and to all bodies of
public authority without exception. Accountability entails a public right of access to
information about the activities of government, the right to petition government, and to
seek redress through impartial administrative and judicial mechanisms. |
1. CHILE ( add.5)
The strengthening of democracy requires transparency, probity,
responsibility, and effectiveness in the exercise of power and public authority; social
rights, and freedom of the press, as well as economic and social development 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.
2. EL SALVADOR (add.10)
The exercise and strengthening of democracy requires
transparency, legitimacy, probity, responsibility, and effectiveness in the
exercise of public authority, respect for individual rights, freedom of expression
and of the press, as well as economic development and social well being. |
1. PERU (add.2) |
Article 5
Solidarity and the strengthening of inter-American cooperation for
integral development, 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. |
1. SAINT LUCIA (add.6)
To ensure the full integration of peoples in the democratic process,
solidarity and strengthening of Inter-American Cooperation for Integral Development and
especially the fight against poverty, must be key elements in the promotion and
consolidation of representative democracy and must constitute a common shared
responsibility of the American States, which are committed to satisfying the basic
economic needs of their most disadvantaged peoples. |
1. CHILE ( add.5)
Solidarity and the strengthening of inter-American cooperation for
integral and sustainable development, growth with equity,..... (continues
unchanged.)
2. VENEZUELA (add.9)
Solidarity and strengthening of inter-American cooperation for integral
development and especially the fight against poverty, in particular critical
poverty ... (continues unchanged)
3. EL SAVADOR (add. 10)
Solidarity and the strengthening of inter-American cooperation for
integral development, and especially the fight against critical extreme
poverty and weaknesses in the political, economic, and social areas............
(continues unchanged) |
|
NEW ARTICLES
(the exact placement of the text has not been indicated) |
2. HAITI (add. 4)
Poverty, illiteracy, and low levels of development are structural
factors that are detrimental to democracy and constitute obstacles to enjoyment of human
rights taken as an indivisible whole. Their eradication is a joint goal of all the
countries of the Americas "united in [their] determination to leave to future
generations a Hemisphere that is democratic and prosperous, more just and generous, a
Hemisphere where no one is left behind."
3. VENEZUELA (add.9)
Poverty continues to be the greatest challenge facing the nations of
the Americas, since it affects democratic stability, delays social and economic progress,
and erodes hope in the future, especially among the youth.
Democratic governments and the organizations of the inter-American
system are politically and ethically committed to making decisive contributions to combat
it. In this connection, they should promote urgent and bold social policies as a matter of
priority, at the risk of having the democratic system itself break down in some countries. |
|
|
NEW ARTICLE |
HAITI (add. 4)
The American States will spare no national or collective effort to
free the citizens of the Hemisphere from the dehumanizing conditions of absolute poverty.
They renew their commitment to making every effort needed to reach the targets set for
international development, above all the halving of the percentage of people living in
absolute poverty, and to do so by 2015. |
|
|
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.
|
|
1. CHILE ( add.5)
The participation of citizens and of civil society in the design of
public policies and ... (continues unchanged.)
2. SAINT LUCIA (add.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. It is
therefore necessary to develop conditions conducive to the genuine exercise of
participatory rights while also eliminating obstacles that prevent, hinder, or inhibit
this exercise. It is also indispensable to ensure the permanent enhancement of,
inter alia, equality, transparency and education and to remove obstacles such as
ignorance, intolerance, apathy, the lack of genuine choices and alternatives and the
absence of measures designed to redress imbalances or discrimination of a social,
cultural, religious, and racial nature or for reasons of gender.
3. El Salvador (add.10)
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 and consultation strengthens
democracy. |
|
NEW ARTICLE |
1. VENEZUELA (add.9)
Democracy is effectively exercised when there is cohesive coordination
between environmental rights, peace, and development. The countries of the Hemisphere
therefore are obliged to adopt and promote policies and strategies that will bring about
sustainable development and safeguard the environment. |
|
|
II
Democracy and Human Rights
Article 7
Democracy is a condition for the full and effective enjoyment of human
rights and fundamental freedoms. |
1. VENEZUELA (add.9).
Democracy as a representative and participatory system, is a
prerequisite for the full and effective enjoyment by people and societies of human rights,
social justice, and freedoms that are essential for the development of the identity and
the progress of peoples. |
1. SAINT LUCIA (add.6)
Democracy is a condition which guarantees the full and effective
enjoyment of human rights and fundamental liberties, gives all citizens equality
before the law and allows them to elect or remove political leaders when required. |
1. HAITI (add.4) |
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. |
|
1. CHILE (add.5)
The exercise of democracy must ensure the enjoyment by all persons of
their fundamental liberties and the human rights embodied … [The phrase « such
as those » before « embodied » was deleted.] (Continues unchanged.)
2. SAINT LUCIA (add.6)
The exercise of democracy must ensure the enjoyment by all persons of
their fundamental freedoms and their 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. Particular emphasis should be
placed on promoting and defending minorities’ rights, including the protection of the
rights of children and women. For the promotion of policies and measures armed at
strengthening gender equality, all women must have equal rights with men in the political,
civil, economic, social, and cultural spheres. Such rights shall include inter alia, (1)
the right to be elected or appointed to public office and to be eligible for appointment
to positions of decision-making bodies at all levels of society; (2) the right to be
afforded equal opportunities for employment and receive equal remuneration with men for
work of equal value; (3) the right not to be discriminated against by reason of marital
status, pregnancy, or health-related matters which affect older women; and (4) the right
to legal protection including just and effective remedies against violence, sexual abuse
and sexual harassment.
3. VENEZUELA (add. 9)
The exercise of democracy must fully ensure the enjoyment and
exercise by all persons of their fundamental freedoms and ...... ..(continues
unchanged). |
1. El Salvador (add.10)
|
NEW ARTICLE |
1. VENEZUELA (add.9)
Inter-American democracy will be based on the human right to equality;
it should therefore guarantee access to conditions of equality between men and women,
creating in each country the material and symbolic conditions needed to ensure that all
women and men are genuine citizens.
There shall be an equitable sharing of power which will lead to the
creation of a new order in which women and men enjoy equal rights and opportunities. |
|
|
Article 9
Women and men whose civil and political 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. |
1. VENEZUELA (add.9)
All men and women are entitled to present claims or petitions before
the inter-American system for the promotion and protection of human rights in accordance
with its procedures, in order to protect their universally accepted basic rights,
qualified as human rights. |
1. SAINT LUCIA (add.6
)
Add at the end of the sentence in the original text: and due regard
to national law.
2. COLOMBIA (add.8)
Women and men whose civil and political rights human
rights or (fundamental rights and freedoms)... (continues unchanged.)
3. El Salvador (add.10)
Anyone, irrespective of gender, Women and men
whose civil and political rights are violated is 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. |
|
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. |
|
1. EL SALVADOR (add. 10)
When the democratically elected government of a member state
considers that its democratic political institutional process or its legitimate
exercise of power its democratic regime is at risk, it may solicit from
the Organization timely and necessary assistance for the preservation of its democratic
system and its strengthening.
|
1. PERU (add.2) |
NEW ARTICLE
Democracy and the Environment |
1. ANTIGUA AND BARBUDA
(doc.2)
Preservation and good stewardship of the Hemisphere’s environment
are goals which societies are obligated to pursue but which can be achieved only when
democratic freedoms allow. The Hemisphere is comprised of the most and the least
vulnerable states but this dis-equilibrium cannot blind decision-makers to the threat
faced by the most vulnerable. All states pledge to abide by their commitments under
various international treaties, conventions, and instruments which safeguard the
environment for future generations. |
|
|
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. |
|
1. CHILE ( add.5 )
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 in order to analyze the situation he
deems necessary 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 which will study it
and adopt within ten days measures for the preservation of the democratic
system and its strengthening.
2. VENEZUELA (add.9)
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 preventive decisions for the preservation of the democratic system and its
strengthening.
3. EL SALVADOR (add. 10)
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, on his own initiative or at the request of the 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. |
1. PERU (add.2) |
NEW ARTICLE
Democracy and Education |
1. ANTIGUA AND BARBUDA(
doc.2)
Education remains the key to strengthening democratic institutions,
promoting the development of human potential, equality, equity, and to alleviate poverty
and foster greater understanding among our peoples. To achieve these ends, it is essential
that primary and secondary education be available to all, including girls and women, rural
inhabitants, and persons belonging to minority populations. |
|
|
Democracy Clause
Article 12
In accordance with the democracy clause contained in the Declaration of
Quebec City, any unconstitutional alteration or interruption of the democratic order in a
member state of the OAS 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]. |
1. VENEZUELA (add.9)
A member of the Organization whose democratically constituted
government has been overthrown by force may be suspended from the exercise of the right to
participate in the General Assembly, the Meeting of Consultation, the Councils of the
Organization, and the specialized conferences, as well as the commissions, working groups,
and any other bodies established.
It shall be understood that a situation equivalent to the overthrow by
force of a democratically constituted government has occurred when there is an
unconstitutional alteration or interruption that eliminates, dissolves, changes, or
replaces any of the duly constituted powers of the state through procedures contrary to
the national Constitution of the member state. |
1. CHILE (add.5)
The square brackets round « as well as the Summits of the Americas
process » are to be deleted.
2. COLOMBIA (add.8)
In accordance with the democracy clause contained in the Declaration of
Quebec City, any alteration that involves an interruption of the democratic order
in a member state of the OAS constitutes an grave (or serious) obstacle to the
participation ... (Continues unchanged.) |
1. HAITI ( add.4)
2. ECUADOR (add.6) |
NEW ARTICLE
The democracy and workers’ rights |
1. ANTIGUA AND BARBUDA(
doc.2)
The successful promotion and strengthening of democracy requires full
adherence to and respect for the International Labor Organization (ILO) Declaration on the
Fundamental Principles and Rights at work, and its Follow-up, adopted in 1998, as well as
other related fundamental ILO conventions. Improving standards in the work place,
enhancing working conditions for employees as web as providing adequate compensation to
workers during sudden closure of plants or firms are fundamental to improving the standard
of living and welfare of workers in the Hemisphere. |
|
|
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 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. |
|
1. CHILE (add.5)
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 state government,
a 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, 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.
2. COLOMBIA (add 8.)
Change the final sentence of the original text as follows:
The Permanent Council will convoke depending on the situation,
a Meeting of Consultation of Ministers of Foreign Affairs or a special session
…... (Continues unchanged.)
3. VENEZUELA (add.10)
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, by a democratically
elected government in any of the member states 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 will convoke, depending on the situation, a Meeting of
Consultation of Ministers of Foreign Affairs or a special session of the General
Assembly ... (Continues unchanged) |
1. HAITI (add.4) |
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, 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 obligations to
the Organization, in particular, its human rights obligations. |
|
1. SURINAME
(add.3.a)
When the Meeting of Consultation of the Minister 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, by means of 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.] 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. The member state which has been subject to suspension shall
continue to have the obligation towards its citizens and the Organization to respect all
human rights and in addition to restore the democratic order of society.
2. CHILE ( add.5 )
The square brackets around « This situation would entail
suspension from participation in the Summit of the Americas process. » are to be
deleted.
3. SAINT LUCIA (add.6)
Delete brackets and the last sentence that reads: ... "The member
state which has been subject to suspension shall continue to fulfill its obligations to
the Organization, in particular, its human rights obligations."
4. COLOMBIA (add.8 )
When the Meeting of Consultation of Ministers of Foreign
Affairs or a special session of the General Assembly... (continues unchanged up
to the last sentence which will read):
The member state which has been subject to suspension shall continue to
fulfill its obligations to as a member of the Organization, in
particular, its human rights obligations.
5. VENEZUELA (add.9):
When the Meeting of Consultation of Ministers of Foreign
Affairs or a special session of the General Assembly.....(continues unchanged) |
1. HAITI (add.4) |
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. |
|
1. COLOMBIA (add.8)
When a decision is taken to suspend a government, the Organization and
its member states will maintain their diplomatic initiatives to restore democracy in
the affected member state, in keeping with the principle of nonintervention in the
internal affairs of states and in accordance with the OAS Charter. |
1. HAITI ( add.4 ) |
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. |
|
1. VENEZUELA (add.9)
Any member state or the Secretary General may propose to the
Meeting of Consultation of Ministers of Foreign Affairs or to the General
Assembly... (Continues unchanged) |
1. HAITI (add.4) |
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. |
|
1. SAINT LUCIA (add.6)
The OAS will send electoral observation missions and 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, as well as
conditions of security, and free access to information. The Secretary General may send
preliminary missions for the purpose of assessing the existence of said conditions. |
1. PERU (add.2) |
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. |
|
1. CHILE (add.5 )
If the minimum guarantees or conditions for holding free and
fair democratic elections do not exist, and with the consent ...
(Continues unchanged.) |
|
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. |
|
1. CHILE (add.5)
The OAS will intensify and upgrade its activities and programs
of various kinds to promote democracy and its values.
2. SAINT LUCIA(add.6)
The OAS will continue to undertake activities and programs of various
kinds to promote democracy and its values. aimed at developing and
maintaining democratic values and principles as well as consolidating mechanisms for the
participation of civil society. |
|
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. |
|
1. SAINT LUCIA
(add.6)
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............
(continues up to the end and the following sentence is added:)
Such programs will also promote a broad national commitment to the
strengthening of democracy. |
|
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. |
1. SAINT LUCIA (add.6)
The creation of a democratic culture implies that all institutions of
society work together for a better understanding of the role of political parties,
strengthening of the judiciary and law enforcement, fostering openness and accountability
of the legislature and other institutions, expanding local management capabilities and
developing a broad national policy framework that allows local activities to flourish.
This requires special programs and resources. |
1. CHILE (add.5)
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 that the OAS foster programs designed
to strengthen democratic institutions and foster democratic values. It is a
priority to promote a link and promote links 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]. |
|
1. CHILE (add.5)
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. |
|
NEW ARTICLE |
1. CHILE (add.5 )
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. |
|
|
