DEMOCRATIC CHARTER

OAS CHARTER

RESOLUTION AG/RES. 1080
(XXI-O/91)

THE GENERAL ASSEMBLY,

RECALLING that the Heads of State and Government of the Americas, in the Declaration of Quebec City, at the Third Summit of the Americas, held April 20 to 22, 2001, approved 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 Summit of the Americas process;

BEARING IN MIND that existing democratic provisions in regional and sub-regional 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 XXXI regular session of the General Assembly of the OAS in San Jose, 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 non-intervention;

Art. 2.b: The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes: To promote and consolidate representative democracy, with due respect for the principle of nonintervention;

Preambular 2: Under the provisions of the Charter, one of the basic purposes of the OAS is to promote and consolidate representative democracy, with due respect for the principle of non-intervention;

REAFFIRMING that the participatory nature that attends to the exercise of democracy in our countries in different aspects of public life contributes to consolidate its values, as well as freedom and solidarity in the hemisphere;

CONSIDERING that the solidarity and cooperation of American states requires their political organization based on the effective exercise of representative democracy, and that development, economic growth with equity and democracy are interdependent and mutually reinforcing conditions;

Article 3.d: The American States reaffirm the following principles: The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy;

Preambular 4. In view of the widespread existence of democratic governments in the Hemisphere, the principle, enshrined in the Charter, that the solidarity of the American states and the high aims which it pursues require the political organization of those states to be based on effective exercise of representative democracy must be made operative;

REAFFIRMING that the elimination of critical poverty is an essential part of the promotion and consolidation of democracy and constitutes a common and shared responsibility of the American states;

Art. 3.f: The American States reaffirm the following principles: The elimination of extreme poverty is an essential part of the promotion and consolidation of representative democracy and is the common and shared responsibility of the American States;

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;

1. To instruct the Secretary General to call for the immediate convocation of a meeting of the Permanent Council 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 democratically elected government in any of the Organization’s member states, in order, within the framework of the Charter, to examine the situation, decide on and convene and ad hoc meeting of the Ministers of Foreign Affairs, or a special session of the General Assembly, all of which must take place within a ten-day period.

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;

BEARING IN MIND that in the Declaration of Managua for the Promotion of Democracy and Development [AG/RES.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, and that instilling these values will depend on the capacity of the Organization to contribute to preserve and strengthen 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 prevent and anticipate the very causes of the problems that affect a 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 a series of performance standards and procedures in the event of an unconstitutional alteration or interruption of the democratic order in a member state,

INTER-AMERICAN DEMOCRATIC CHARTER

The peoples of the Americas have a right to democracy.

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.

Art. 3.d: The American States reaffirm the following principles: The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy;

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.

The strengthening of democracy requires transparency, probity, responsibility, and effectiveness in the exercise of public authority, respect for social rights, freedom of the press, as well as economic and social development.

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.

Art. 34: The Member States agree that equality of opportunity, the elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development are, among others, basic objectives of integral development. (…)

Art. 34: The Member States agree that equality of opportunity, the elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development are, among others, basic objectives of integral development. (…)

Democracy is a condition for the full and effective enjoyment of human rights and fundamental liberties.

The exercise of democracy must ensure the enjoyment by all persons of their fundamental liberties and the human rights such as those embodied in the American Declaration of 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.

Women and men whose civil and political rights are violated are 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.

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.

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. 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.

In accordance with the democratic 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].

Art. 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 sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences as well as in the commissions, working groups and any other bodies established (…).

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 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 Democratic Charter.

Art. 54, a: The General Assembly is the supreme organ of the Organization of American States. It has as its principal powers, in addition to such others as are assigned to it by the Charter, the following: To decide the general action and policy of the Organization, determine the structure and functions of its organs, and consider any matter relating to friendly relations among the American States.

2: To state that the purpose of the ad hoc meeting of Ministers of Foreign Affairs or the special session of the General Assembly shall be to look into the events collectively and adopt any decisions deemed appropriate, in accordance with the Charter and international law.

Art. 72: The Councils may, within the limits of the Charter and other inter-American instruments, make recommendations on matters within their authority.

When the Meeting of Consultation of the 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 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.

Art. 59: Decisions of the General Assembly shall be adopted by the affirmative vote of an absolute majority of the Member States, except in those cases that require a two-thirds vote as provided in the Charter or as may be provided by the General Assembly in its rules of procedure

When a decision is taken to suspend a government, the Organization will maintain its diplomatic initiatives to restore democracy in the affected member state.

Art. 9,d: The suspension notwithstanding, the Organization shall endeavor to undertake additional diplomatic initiatives to contribute to the re-establishment of representative democracy in the affected Member State.

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.

Art. 9.f: The General Assembly may lift the suspension by a decision adopted with the approval of two-thirds of the Member States.

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 and 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.

If the minimum guarantees or conditions for holding free and fair 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.

The OAS will continue to undertake activities and programs of various kinds to promote democracy and its values.

Art. 2.b: The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes: To promote and consolidate representative democracy, with due respect for the principle of nonintervention.

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 in liberty and the constant economic, social and cultural improvement of its people, such programs will pay similar attention to strengthening a democratic culture and promote democratic principles and practices, the values of liberty and social justice in child and youth education.

Art. 47: The Member States will give primary importance within their development plans to the encouragement of education, science, technology, and culture, oriented toward the overall improvement of the individual, and as a foundation for democracy, social justice, and progress.

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.

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].

Art. 45.f. The Member States, convinced that man can only achieve the full realization of his aspirations within a just social order, along with economic development and true peace, agree to dedicate every effort to the application of the following principles and mechanisms: The incorporation and increasing participation of the marginal sectors of the population, in both rural and urban areas, in the economic, social, civic, cultural, and political life of the nation, in order to achieve the full integration of the national community, acceleration of the process of social mobility, and the consolidation of the democratic system. The encouragement of all efforts of popular promotion and cooperation that have as their purpose the development and progress of the community.