Inter-American Democratic Charter
Encyclopedia
The Inter-American Democratic Charter was adopted on 11 September 2001 by a special session of the General Assembly
of the Organization of American States
, held in Lima
, Peru
. It is an inter-American
instrument with the central aim of strengthening and upholding democratic institutions in the nations of the Americas
. The Charter, which is binding on all 34 of the currently active OAS member states, spells out what democracy entails and specifies how it should be defended when it is under threat.
, as international interest in multilateral action in support of human rights and democracy resulted in several conventions and treaties at the United Nations
and other regional organizations of states, the Organization of American States held a series of diplomatic conferences on the issue of democracy. Democracy is one of the foundational principles of the OAS, and it was enshrined in its charter
from the beginning. In 1985, the Protocol of Cartagena de Indias strengthened the charter's original language on democracy by asserting that "representative democracy is an indispensable condition for the stability, peace and development of the region" and "[t]he 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". However, the charter also exhorts the organization to promote democracy "with due respect for the principle of nonintervention," and lacks any mechanism for collective action among the states in defense of democracy.
The Carter Center
’s Americas Program advised the Organization of American States
on the development of the document. The General Assembly special session in Lima at which the Democratic Charter was adopted was the reason why United States Secretary of State
Colin Powell
was absent from his country during the Al-Qaeda terrorist attacks
of 11 September 2001; he cut short his participation at the meeting and departed Lima for Washington, D.C.
, shortly after midday.
Title IV establishes how the Organization is to react following "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." Article 19 states that such an interruption or alteration constitutes "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." Consequently, Article 20 provides that following such a breakdown in a member state's constitutional regime, any other member state or the Secretary General
may request the immediate convocation of the Organization's Permanent Council
to undertake a collective assessment of the situation and to take such decisions as it deems appropriate. Should the Permanent Council's diplomatic efforts prove fruitless in re-establishing the constitutional order, or if the situation is deemed particularly urgent, a special session of the General Assembly may be convened to address the matter. That special session may then resolve, by a two-thirds vote of the member states, to suspend the membership of the state in question.
Once the situation that led to suspension has been resolved, the suspended member may be re-instated by a two-thirds vote of the General Assembly.
The Charter contains additional provisions dealing with actions to be adopted by member states to promote a culture of democracy within their countries, and it sets a framework for the conduction of the OAS's electoral observation missions in the member states.
that temporarily removed President Hugo Chávez
from office on 11 April. The Heads of State of 19 Rio Group
nations were holding a summit in San José, Costa Rica
, when news of the coup broke and were able to issue a joint statement
on 12 April condemning the attempted takeover and calling for a special session of the General Assembly to be held.
One of the leaders who issued an immediate call for a special session was Mexican President Vicente Fox
– himself no supporter of Chávez's policies and who would three years later recall his country's ambassador
from Caracas
after Chávez called his Mexican counterpart a "puppy dog of the empire".
As it transpired, Chávez was returned to power before any further steps could be taken to convene the General Assembly.
referred to the Charter in his statement regarding the coup. Obama stated he believed that the coup was in violation of the Charter.
General Assembly of the Organization of American States
The General Assembly is the supreme decision-making body of the Organization of American States .The General Assembly came into being as a part of the restructuring of the OAS that took place following adoption of the Protocol of Buenos Aires , which contained extensive amendments to the...
of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
, held in Lima
Lima
Lima is the capital and the largest city of Peru. It is located in the valleys of the Chillón, Rímac and Lurín rivers, in the central part of the country, on a desert coast overlooking the Pacific Ocean. Together with the seaport of Callao, it forms a contiguous urban area known as the Lima...
, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
. It is an inter-American
Inter-American
Inter-American can refer to:*Inter-American Biodiversity Information Network*Inter-American Conference*Inter-American Commission on Human Rights*Inter-American Court of Human Rights*Inter-American Defense Board**Inter-American Defense Board Medal...
instrument with the central aim of strengthening and upholding democratic institutions in the nations of the Americas
Americas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
. The Charter, which is binding on all 34 of the currently active OAS member states, spells out what democracy entails and specifies how it should be defended when it is under threat.
Background
Beginning in the 1980s, and especially after the Cold WarCold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, as international interest in multilateral action in support of human rights and democracy resulted in several conventions and treaties at the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and other regional organizations of states, the Organization of American States held a series of diplomatic conferences on the issue of democracy. Democracy is one of the foundational principles of the OAS, and it was enshrined in its charter
Charter of the Organization of American States
The Charter of the Organization of the American States is a Pan-American treaty that sets out the creation of the Organization of American States. It was signed at the Ninth International Conference of American States of 30 April 1948, held in Bogotá, Colombia...
from the beginning. In 1985, the Protocol of Cartagena de Indias strengthened the charter's original language on democracy by asserting that "representative democracy is an indispensable condition for the stability, peace and development of the region" and "[t]he 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". However, the charter also exhorts the organization to promote democracy "with due respect for the principle of nonintervention," and lacks any mechanism for collective action among the states in defense of democracy.
The Carter Center
Carter Center
The Carter Center is a nongovernmental, not-for-profit organization founded in 1982 by former U.S. President Jimmy Carter and his wife Rosalynn Carter. In partnership with Emory University, The Carter Center works to advance human rights and alleviate human suffering...
’s Americas Program advised the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
on the development of the document. The General Assembly special session in Lima at which the Democratic Charter was adopted was the reason why United States Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Colin Powell
Colin Powell
Colin Luther Powell is an American statesman and a retired four-star general in the United States Army. He was the 65th United States Secretary of State, serving under President George W. Bush from 2001 to 2005. He was the first African American to serve in that position. During his military...
was absent from his country during the Al-Qaeda terrorist attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
of 11 September 2001; he cut short his participation at the meeting and departed Lima for Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, shortly after midday.
Provisions
Article 1 frames the purpose and goal of the Charter:- "The peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it."
Title IV establishes how the Organization is to react following "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." Article 19 states that such an interruption or alteration constitutes "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." Consequently, Article 20 provides that following such a breakdown in a member state's constitutional regime, any other member state or the Secretary General
Secretary General of the Organization of American States
According to the Charter of the Organization of American States:-Secretaries General of the OAS:-Assistant Secretaries General of the OAS:*William Manger *William Sanders...
may request the immediate convocation of the Organization's Permanent Council
Permanent Council of the Organization of American States
The Permanent Council is one of the two main political bodies of the Organization of American States, the other being the General Assembly.The Permanent Council is established under Chapter XII of the OAS Charter. It is composed of ambassadors appointed by the member states , and it meets regularly...
to undertake a collective assessment of the situation and to take such decisions as it deems appropriate. Should the Permanent Council's diplomatic efforts prove fruitless in re-establishing the constitutional order, or if the situation is deemed particularly urgent, a special session of the General Assembly may be convened to address the matter. That special session may then resolve, by a two-thirds vote of the member states, to suspend the membership of the state in question.
Once the situation that led to suspension has been resolved, the suspended member may be re-instated by a two-thirds vote of the General Assembly.
The Charter contains additional provisions dealing with actions to be adopted by member states to promote a culture of democracy within their countries, and it sets a framework for the conduction of the OAS's electoral observation missions in the member states.
Venezuela, 2002
The Inter-American Democratic Charter was formally invoked for the first time in April 2002 on the occasion of the attempted coup d'état in VenezuelaVenezuelan coup attempt of 2002
The Venezuelan coup attempt of 2002 was a failed coup d'état on 11 April 2002 that saw President Hugo Chávez ousted from office for 47 hours, being restored by a combination of military force and mass demonstration of popular support...
that temporarily removed President Hugo Chávez
Hugo Chávez
Hugo Rafael Chávez Frías is the 56th and current President of Venezuela, having held that position since 1999. He was formerly the leader of the Fifth Republic Movement political party from its foundation in 1997 until 2007, when he became the leader of the United Socialist Party of Venezuela...
from office on 11 April. The Heads of State of 19 Rio Group
Rio Group
- List of Summit meetings :- See also :* Community of Latin American and Caribbean States, possible successor of the Rio Group* Union of South American Nations...
nations were holding a summit in San José, Costa Rica
San José, Costa Rica
San José is the capital and largest city of Costa Rica. Located in the Central Valley, San José is the seat of national government, the focal point of political and economic activity, and the major transportation hub of this Central American nation.Founded in 1738 by order of Cabildo de León, San...
, when news of the coup broke and were able to issue a joint statement
on 12 April condemning the attempted takeover and calling for a special session of the General Assembly to be held.
One of the leaders who issued an immediate call for a special session was Mexican President Vicente Fox
Vicente Fox
Vicente Fox Quesada is a Mexican former politician who served as President of Mexico from 1 December 2000 to 30 November 2006 and currently serves as co-President of the Centrist Democrat International, an international organization of Christian democratic political parties.Fox was elected...
– himself no supporter of Chávez's policies and who would three years later recall his country's ambassador
2005 Mexico and Venezuela diplomatic crisis
The 2005 diplomatic crisis between Mexico and Venezuela began after the Fourth Summit of the Americas where Mexican President Vicente Fox made veiled criticisms of anti-FTAA leaders....
from Caracas
Caracas
Caracas , officially Santiago de León de Caracas, is the capital and largest city of Venezuela; natives or residents are known as Caraquenians in English . It is located in the northern part of the country, following the contours of the narrow Caracas Valley on the Venezuelan coastal mountain range...
after Chávez called his Mexican counterpart a "puppy dog of the empire".
As it transpired, Chávez was returned to power before any further steps could be taken to convene the General Assembly.
Honduras, 2009
The Inter-American Democratic Charter was not invoked again until the coup d'état in Honduras in June 2009. U.S. President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
referred to the Charter in his statement regarding the coup. Obama stated he believed that the coup was in violation of the Charter.