Inter-American Democratic Charter

The Inter-American Democratic Charter is an instrument to ensure that democratic institutions prevail among the signatory American countries. It was approved on September 11, 2001, in a special session of the Assembly of the Organization of American States (OAS) in Lima (Peru) which was based on the case of the re-election of Alberto Fujimori, and was proposed by Diego Garcia-Sayan. This is recurrent, 10 times for at least the first two decades, when the democratic order of the signatory country is broken or altered and constitutes "an insurmountable obstacle" for the participation of its government in the various instances of the OAS.

Function of the Democratic Charter

The Inter-American Charter implies, politically, the commitment of the rulers of each country to democracy based on the recognition of human dignity. Historically, it includes the contributions of the OAS charter. Sociologically, it expresses the demand of the peoples of America for the right to democracy and legally, although it is a resolution and not a treaty, It has important value because it was issued as a tool for updating and interpreting the OAS Founding Charter, within the spirit of the progressive development of international law. Once the Charter has been applied, a Secretary General or the Permanent Council is convened for decision-making.

Articles 17 and 18 of the Democratic Charter

The most relevant point is mentioned in Article 17 of the Democratic Charter. It points out that:

When the Government of a Member State considers that its democratic political process or its legitimate exercise of power is at risk, it may appeal to the Secretary-General or the Permanent Council to seek assistance in strengthening and preserving democratic institutions.

While in the 18 of the mentioned letter:

The Secretary-General shall submit a report to the Permanent Council, and it shall make a collective assessment of the situation and, if necessary, may take decisions aimed at the preservation of democratic institutions and their strengthening

Application

Venezuela in 2002

The Inter-American Democratic Charter was first formally invoked in April 2002 on the occasion of the attempted coup in Venezuela that temporarily ousted President Hugo Chávez for 47 hours. The Heads of State of 19 countries of the Rio Group were holding a summit in San José, Costa Rica, when the news of the coup broke and they were able to issue a joint statement on April 12 condemning the attempted takeover and calling for a special session of the General Assembly to be held. One of the leaders who made an immediate call for a special session was Mexican President Vicente Fox – himself not a supporter of Chávez's policies and who three years later would call the ambassador of his country in Caracas after Chávez called his Mexican counterpart a "cub of Empire dog"–. Chávez was reportedly returned to power before further steps could be taken to convene the General Assembly.

Honduras in 2009

The Inter-American Democratic Charter was not invoked again until the 2009 coup in Honduras. United States President Barack Obama declared the coup to be in violation of the Democratic Charter. It was the first time that the suspension of a member country was declared.

Venezuela in 2014

On the month-long anniversary of ongoing protests and political unrest in Venezuela, US Secretary of State John Kerry told a House hearing that the US was prepared to invoke the Democratic Charter on Venezuela if necessary.

Venezuela in 2016

On May 19, the National Assembly of Venezuela formally requested the Secretary General of the Organization of American States, Luis Almagro, to apply the Inter-American Democratic Charter in light of the economic and political situation in the country, including the crisis economy, de facto control by President Maduro of the judicial and electoral powers, a decree of "state of exception and economic emergency" approved without parliamentary approval and threats by President Maduro to close the National Assembly and prevent a recall referendum promoted by the opposition. On May 31, despite considerable criticism from leftist governments, Almagro called an emergency meeting that could have resulted in Venezuela's expulsion from the OAS.