THE GENERAL
ASSEMBLY,
CONSIDERING that the Charter of the Organization of American
States recognizes that 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;
RECOGNIZING the contributions of the OAS and other regional and
sub-regional mechanisms to the promotion and consolidation of
democracy in the Americas;
RECALLING that the Heads of State and Government of the Americas,
gathered at the Third Summit of the Americas, held from April 20 to
22, 2001 in Quebec City, 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 City;
REAFFIRMING that the participatory nature of democracy in our
countries in different aspects of public life contributes to the
consolidation of democratic values and to freedom and solidarity in
the Hemisphere;
CONSIDERING that solidarity among and cooperation between
American states require the political organization of those states
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;
REAFFIRMING that the fight against poverty, and especially the
elimination of extreme poverty, is essential to the promotion and
consolidation of democracy and constitutes a common and shared
responsibility of the American states;
BEARING IN MIND that the American Declaration on the Rights and
Duties of Man and the American Convention on Human Rights contain
the values and principles of liberty, equality, and social justice
that are intrinsic to democracy;
REAFFIRMING that the promotion and protection of human rights is
a basic prerequisite for the existence of a democratic society, and
recognizing the importance of the continuous development and
strengthening of the inter-American human rights system for the
consolidation of democracy;
CONSIDERING that education is an effective way to promote
citizens’ awareness concerning their own countries and thereby
achieve meaningful participation in the decision-making process, and
reaffirming the importance of human resource development for a sound
democratic system;
RECOGNIZING that a safe environment is essential to the integral
development of the human being, which contributes to democracy and
political stability;
BEARING IN MIND that the Protocol of San Salvador on Economic,
Social, and Cultural Rights emphasizes the great importance of the
reaffirmation, development, improvement, and protection of those
rights in order to consolidate the system of representative
democratic government;
RECOGNIZING that the right of workers to associate themselves
freely for the defense and promotion of their interests is
fundamental to the fulfillment of democratic ideals;
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, with due respect
for the principle of nonintervention; 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, 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)],
it was 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 firm belief that democracy, peace, and
development are inseparable and indivisible parts of a renewed and
integral vision of solidarity in the Americas; and that the ability
of the Organization to help preserve and strengthen democratic
structures in the region will depend on the implementation of a
strategy based on the interdependence and complementarity of those
values;
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 is not limited to 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;
BEARING IN MIND that the Ministers of Foreign Affairs of the
Americas, at the thirty-first regular session of the General
Assembly, held in San Jose, Costa Rica, in keeping with express
instructions from the Heads of State and Government gathered at the
Third Summit of the Americas, in Quebec City, accepted the base
document of the Inter-American Democratic Charter and entrusted the
Permanent Council of the Organization with strengthening and
expanding the document, in accordance with the OAS Charter, for
final adoption at a special session of the General Assembly in Lima,
Peru;
RECOGNIZING that all the rights and obligations of member states
under the OAS Charter represent the foundation on which democratic
principles in the Hemisphere are built; and
BEARING IN MIND the progressive development of international law
and the advisability of clarifying the provisions set forth in the
OAS Charter and related basic instruments on the preservation and
defense of democratic institutions, according to established
practice,
RESOLVES:
To adopt 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 and their
governments have an obligation to promote and defend it.
Democracy is essential for the social, political, and economic
development of the peoples of the Americas.
Article 2
The effective exercise of representative democracy is the basis
for the rule of law and of the constitutional regimes of the member
states of the Organization of American States. Representative
democracy is strengthened and deepened by permanent, ethical, and
responsible participation of the citizenry within a legal framework
conforming to the respective constitutional order.
Article 3
Essential elements of representative democracy include, inter
alia, respect for human rights and fundamental freedoms, access to
and the exercise of power in accordance with the rule of law, the
holding of periodic, free, and fair elections based on secret
balloting and universal suffrage as an expression of the sovereignty
of the people, the pluralistic system of political parties and
organizations, and the separation of powers and independence of the
branches of government.
Article 4
Transparency in government activities, probity, responsible
public administration on the part of governments, respect for social
rights, and freedom of expression and of the press are essential
components of the exercise of democracy.
The constitutional subordination of all state institutions to the
legally constituted civilian authority and respect for the rule of
law on the part of all institutions and sectors of society are
equally essential to democracy.
Article 5
The strengthening of political parties and other political
organizations is a priority for democracy. Special attention will be
paid to the problems associated with the high cost of election
campaigns and the establishment of a balanced and transparent system
for their financing.
Article 6
It is the right and responsibility of all citizens to participate
in decisions relating to their own development. This is also a
necessary condition for the full and effective exercise of
democracy. Promoting and fostering diverse forms of participation
strengthens democracy.
II
Democracy and Human Rights
Article 7
Democracy is indispensable for the effective exercise of
fundamental freedoms and human rights in their universality,
indivisibility and interdependence, embodied in the respective
constitutions of states and in inter-American and international
human rights instruments.
Article 8
Any person or group of persons who consider that their human
rights have been violated may present claims or petitions to the
inter-American system for the promotion and protection of human
rights in accordance with its established procedures.
Member states reaffirm their intention to strengthen the
inter-American system for the protection of human rights for the
consolidation of democracy in the Hemisphere.
Article 9
The elimination of all forms of discrimination, especially
gender, ethnic and race discrimination, as well as diverse forms of
intolerance, the promotion and protection of human rights of
indigenous peoples and migrants, and respect for ethnic, cultural
and religious diversity in the Americas contribute to strengthening
democracy and citizen participation.
Article 10
The promotion and strengthening of democracy requires the full
and effective exercise of workers’ rights and the application of
core labor standards, as recognized in the International Labour
Organization (ILO) Declaration on Fundamental Principles and Rights
at Work, and its Follow-up, adopted in 1998, as well as other
related fundamental ILO conventions. Democracy is strengthened by
improving standards in the workplace and enhancing the quality of
life for workers in the Hemisphere.
III
Democracy, Integral Development, and Combating Poverty
Article 11
Democracy and social and economic development are interdependent
and are mutually reinforcing.
Article 12
Poverty, illiteracy, and low levels of human development are
factors that adversely affect the consolidation of democracy. The
OAS member states are committed to adopting and implementing all
those actions required to generate productive employment, reduce
poverty, and eradicate extreme poverty, taking into account the
different economic realities and conditions of the countries of the
Hemisphere. This shared commitment regarding the problems associated
with development and poverty also underscores the importance of
maintaining macroeconomic equilibria and the obligation to
strengthen social cohesion and democracy.
Article 13
The promotion and observance of economic, social, and cultural
rights are inherently linked to integral development, equitable
economic growth, and to the consolidation of democracy in the states
of the Hemisphere.
Article 14
Member states agree to review periodically the actions adopted
and carried out by the Organization to promote dialogue, cooperation
for integral development, and the fight against poverty in the
Hemisphere, and to take the appropriate measures to further these
objectives.
Article 15
The exercise of democracy promotes the preservation and good
stewardship of the environment. It is essential that the states of
the Hemisphere implement policies and strategies to protect the
environment, including application of various treaties and
conventions, to achieve sustainable development for the benefit of
future generations.
Article 16
Education is key to strengthening democratic institutions,
promoting the development of human potential, and alleviating
poverty and fostering greater understanding among our peoples. To
achieve these ends, it is essential that a quality education be
available to all, including girls and women, rural inhabitants, and
minorities.
IV
Strengthening and Preservation of Democratic Institutions
Article 17
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 request assistance from the
Secretary General or the Permanent Council for the strengthening and
preservation of its democratic system.
Article 18
When situations arise in a member state that may affect the
development of its democratic political institutional process or the
legitimate exercise of power, the Secretary General or the Permanent
Council may, with prior consent of the government concerned, arrange
for 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 19
Based on the principles of the Charter of the OAS and subject to
its norms, and in accordance with the democracy clause contained in
the Declaration of Quebec City, an unconstitutional interruption of
the democratic order or an unconstitutional alteration of the
constitutional regime that seriously impairs the democratic order in
a member state, constitutes, while it persists, an insurmountable
obstacle to its government’s participation in sessions of the
General Assembly, the Meeting of Consultation, the Councils of the
Organization, the specialized conferences, the commissions, working
groups, and other bodies of the Organization.
Article 20
In the event of an unconstitutional alteration of the
constitutional regime that seriously impairs the democratic order in
a member state, any member state or the Secretary General may
request the immediate convocation of the Permanent Council to
undertake a collective assessment of the situation and to take such
decisions as it deems appropriate.
The Permanent Council, depending on the situation, may undertake
the necessary diplomatic initiatives, including good offices, to
foster the restoration of democracy.
If such diplomatic initiatives prove unsuccessful, or if the
urgency of the situation so warrants, the Permanent Council shall
immediately convene a special session of the General Assembly. The
General Assembly will adopt the decisions it deems appropriate,
including the undertaking of diplomatic initiatives, in accordance
with the Charter of the Organization, international law, and the
provisions of this Democratic Charter.
The necessary diplomatic initiatives, including good offices, to
foster the restoration of democracy, will continue during the
process.
Article 21
When the special session of the General Assembly determines that
there has been an unconstitutional interruption of the democratic
order of a member state, and that diplomatic initiatives have
failed, the special session shall take the decision to suspend said
member state from the exercise of its right to participate in the
OAS by an affirmative vote of two thirds of the member states in
accordance with the Charter of the OAS. The suspension shall take
effect immediately.
The suspended member state shall continue to fulfill its
obligations to the Organization, in particular its human rights
obligations.
Notwithstanding the suspension of the member state, the
Organization will maintain diplomatic initiatives to restore
democracy in that state.
Article 22
Once the situation that led to suspension has been resolved, any
member state or the Secretary General may propose to the General
Assembly that suspension be lifted. This decision shall require the
vote of two thirds of the member states in accordance with the OAS
Charter.
V
Democracy and Electoral Observation Missions
Article 23
Member states are responsible for organizing, conducting, and
ensuring free and fair electoral processes.
Member states, in the exercise of their sovereignty, may request
that the Organization of American States provide advisory services
or assistance for strengthening and developing their electoral
institutions and processes, including sending preliminary missions
for that purpose.
Article 24
The electoral observation missions shall be carried out at the
request of the member state concerned. To that end, the government
of that state and the Secretary General shall enter into an
agreement establishing the scope and coverage of the electoral
observation mission in question. The member state shall guarantee
conditions of security, free access to information, and full
cooperation with the electoral observation mission.
Electoral observation missions shall be carried out in accordance
with the principles and norms of the OAS. The Organization shall
ensure that these missions are effective and independent and shall
provide them with the necessary resources for that purpose. They
shall be conducted in an objective, impartial, and transparent
manner and with the appropriate technical expertise.
Electoral observation missions shall present a report on their
activities in a timely manner to the Permanent Council, through the
General Secretariat.
Article 25
The electoral observation missions shall advise the Permanent
Council, through the General Secretariat, if the necessary
conditions for free and fair elections do not exist.
AGE00011E03
The Organization may, with the consent of the state concerned,
send special missions with a view to creating or improving said
conditions.
VI
Promotion of a Democratic Culture
Article 26
The OAS will continue to carry out programs and activities
designed to promote democratic principles and practices and
strengthen a democratic culture in the Hemisphere, bearing in mind
that democracy is a way of life based on liberty and enhancement of
economic, social, and cultural conditions for the peoples of the
Americas. The OAS will consult and cooperate on an ongoing basis
with member states and take into account the contributions of civil
society organizations working in those fields.
Article 27
The objectives of the programs and activities will be to promote
good governance, sound administration, democratic values, and the
strengthening of political institutions and civil society
organizations. Special attention shall be given to the development
of programs and activities for the education of children and youth
as a means of ensuring the continuance of democratic values,
including liberty and social justice.
Article 28
States shall promote the full and equal participation of women in
the political structures of their countries as a fundamental element
in the promotion and exercise of a democratic culture.
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