In its Article 1 the Inter-American Democratic Charter says so when it states that “the peoples of the Americas have a right to democracy”, adding that governments have the obligation to “promote and defend it”. The same Charter proclaims that “democracy is essential for stability, peace and development of the region”.
It was signed in the year 2001 and it is considered an update de the Charter of Bogotá, the 1948 founding document of the Organization of American States, OAS.
Through the ages a basic consensus has developed in relation to two features of democracy: a) basic principles have remained since they appeared in Classical Greece, and b) they are accepted not only in social sciences but also in different instruments of International Law. That is the case with five essential elements which are included in the Inter-American Democratic Charter: 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.
It is true that many of the obligations are not always fulfilled as it is that often there is impunity when there is neglect and non-compliance by governments, but that is a different problem.
From the moment that there are ethical principles as well as obligatory rules required by law, the question is what can be done for the right not to become dead letter. Something in this sense was proposed in the forum “Defense of Democracy in the Americas”, organized by the InterAmerican Institute for Democracy on May 5, 2021. Proposal number 4 says that as part of a permanent system, it is important for the Organization of American States (OAS) to put forward a mechanism for an annual report on the “state of democracy” in each of the member states, in relation to the essential elements which are an obligation according to the Inter-American Democratic Charter.
Today there is angreement to react immediately to any attempt for a military coup, but there is not a similar response in relation to castrochavist regimes and their instruments of oppression. At the same time, we experience years of lack of interest by United States governments , which by the way was an old aspiration of several Latin-American and Caribbean countries , but there is no answer to the question of how to strengthen regional institutions in this new context.
An annual report, country by country, which can show the different degrees of compliance and breach or violation of legal norms which are an international obligation in relation to democratic principles, would be an advance, a real progress which can help not only the people who suffer dictatorships but also could assist the cause of freedom where and when it is threatened.
The region is experiencing a complicated situation or environment because there is an offensive against democratic institutions in several countries, even using those same institutions to generate instability. As there are rules of mandatory validity and doctrinal agreement on the principles, these legitimate instruments should be used.
The country by country report by the office of the General Secretary of the Organization of American States could provide information on the level of compliance with international obligations to put an end to present day impunity, proposing sanctions via economic and political measures to condition diplomatic and economic relations, according to international law. The Charter was created to be always current, including threats to democracy in any member state.
(*) Lawyer (University of Chile, University of Barcelona), Doctor (Ph.D.) in Political Science ( Government, University of Essex), former presidential candidate (Chile, 2013)
It was signed in the year 2001 and it is considered an update de the Charter of Bogotá, the 1948 founding document of the Organization of American States, OAS.
Through the ages a basic consensus has developed in relation to two features of democracy: a) basic principles have remained since they appeared in Classical Greece, and b) they are accepted not only in social sciences but also in different instruments of International Law. That is the case with five essential elements which are included in the Inter-American Democratic Charter: 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.
It is true that many of the obligations are not always fulfilled as it is that often there is impunity when there is neglect and non-compliance by governments, but that is a different problem.
From the moment that there are ethical principles as well as obligatory rules required by law, the question is what can be done for the right not to become dead letter. Something in this sense was proposed in the forum “Defense of Democracy in the Americas”, organized by the InterAmerican Institute for Democracy on May 5, 2021. Proposal number 4 says that as part of a permanent system, it is important for the Organization of American States (OAS) to put forward a mechanism for an annual report on the “state of democracy” in each of the member states, in relation to the essential elements which are an obligation according to the Inter-American Democratic Charter.
Today there is angreement to react immediately to any attempt for a military coup, but there is not a similar response in relation to castrochavist regimes and their instruments of oppression. At the same time, we experience years of lack of interest by United States governments , which by the way was an old aspiration of several Latin-American and Caribbean countries , but there is no answer to the question of how to strengthen regional institutions in this new context.
An annual report, country by country, which can show the different degrees of compliance and breach or violation of legal norms which are an international obligation in relation to democratic principles, would be an advance, a real progress which can help not only the people who suffer dictatorships but also could assist the cause of freedom where and when it is threatened.
The region is experiencing a complicated situation or environment because there is an offensive against democratic institutions in several countries, even using those same institutions to generate instability. As there are rules of mandatory validity and doctrinal agreement on the principles, these legitimate instruments should be used.
The country by country report by the office of the General Secretary of the Organization of American States could provide information on the level of compliance with international obligations to put an end to present day impunity, proposing sanctions via economic and political measures to condition diplomatic and economic relations, according to international law. The Charter was created to be always current, including threats to democracy in any member state.
(*) Lawyer (University of Chile, University of Barcelona), Doctor (Ph.D.) in Political Science ( Government, University of Essex), former presidential candidate (Chile, 2013)
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