SUMMITS OF THE AMERICAS BULLETIN

* Vol. 1 * No. 1 * November 2001

The Inter-American Democratic Charter that occurred in New York and Washington. It is a date that for many Welcome to the first edition of the Summit of the Americas Bulletin. We in the Chileans evokes violent and tragic Office of Summit Follow Up hope that the articles published here can serve to memories as a military coup defeated inform the citizens of the hemisphere of the activities that have taken place in their democratic regime on that same day fulfillment of the Summits of the Americas mandates. The adoption of the Inter- in 1973. Confronted with these ghosts American Democratic Charter responds directly to one such mandate, and so we of intolerance and fanaticism, we must keep in mind that the Democratic Charter dedicate our first issue to this historic document. symbolizes the hemisphere’s first collective response to the outrageous A Message from Dr. César Gaviria peoples, to take a stand against threats and actions of the current enemies of Secretary General of the OAS challenges to democracy. We do so democracy. With the Democratic Charter, the collectively and in a clear, determined and The Lima Charter governments are sending a clear message orderly fashion. This new commitment to to authoritarian elements that there will But the Charter is only the democracy in the region represents its be no compromise with perpetrators of beginning of a great responsibility. Our coups d’état and those who attempt to governments must face tremendous “...We are taking an subvert the constitutional and political challenges posed by globalization. In our order. In this manner we are taking an times, political factors are exerting important step to defend important step to defend the rights of our increasingly more influence on economic the rights of our growth, without which democracies are TABLE OF CONTENTS incapable of delivering the benefits that peoples...” citizens of the Americas hope for. The - Dr. César Gaviria democratic system must stand for A Message from Dr. César Secretary General of the OAS improved political, economic and social Gaviria 1 institutions. It must mean improved The Summits of the Americas efficiency of the state, economic growth attempt to recuperate the principle, as Process and the Inter-American and social justice. It must translate into Kant purports, that the universalization Democratic Charter increased international cooperation to of Rule of Law is a categorical necessity Jaime Aparicio Otero 1 counter threats faced by democracies. for an international co-existence based on The Inter-American reason. Democratic Charter and The Summits of the Americas In this sense, the advantage of the Terrorism Democratic Charter is that the concept of Office of Summit Follow Up 2 Process and the Inter-American a democratic system, within the logic and The Power of Summitry and the Democratic Charter spirit of a liberal democracy, is Collective Defense of Democracy Jaime Aparicio Otero broadened. That is to say that democracy, Richard E. Feinberg, Robin L. Active presidential diplomacy is as contended by the likes of Benjamin Rosenberg 2 driving a common democratic agenda in Constant and Alexis de Tocqueville, is Comments on the Inter- the Americas. In this context, Heads of only found within the framework of a American Democratic Charter State and Government at the Quebec City Rule of Law that recognizes and Jennifer Mc Coy 3 Summit instructed their Foreign Ministers guarantees the personal, political and Defending Democracy to create a Democratic Charter that would economic rights fundamental to each Ambassador Humberto defend democracy throughout the region. individual – a Rule of Law that defines de la Calle 3 This Charter was signed in Lima, and applies these guarantees while The Civil Society Perspective on September 11, 2001 – a day that will respecting the independence of the State Office of Summit Follow Up 3 be remembered for the terrorist attacks powers. (Continued on next page, column 1) 1 SUMMITS OF THE AMERICAS BULLETIN

(The Summit Process and the Charter...) stem from the citizens of each country, seriously impairs the democratic order in The importance of this link there is space for positive and effective a member state.” Most importantly, it has between democracy and Rule of Law will multilateral support in that process. Clear as its ultimate sanctions expulsion from be made evident in the event that one of examples of this can be found following the OAS, and the termination of a our countries is confronted with a crisis. the democratic crises in Paraguay and country’s participation in the Summit of Indeed, what gives it relevance is the fact Peru, when the OAS, along with the Americas process and, by implication, that the classic coup d’etat is no longer Mercosur, the Rio Group and the United in its centerpiece, the Free Trade Area of considered the only peril to democracy. States, worked to find positive solutions the Americas. Henceforth, the region’s Newer and subtler threats coming from to each emergency. Today, no one can powerful private sectors will have strong within a democratically elected deny that the Charter will serve as a new incentives to join in the protection of government – for example, Peru, during instrument of dissuasion against the constitutional stability. the Fujimori government – will now be temptation towards authoritarianism and Fusing the historic march toward taken into account, as well. Such regimes a positive step towards constructing the democracy with the powerful incentives maintain democratic formalities (i.e. proper institutions for the XXI Century. and benefits of economic exchange is a elections) but then nullify them, either by The two great legacies of Greek strategic victory for the Hemisphere. violating their citizens’ constitutional democracy – constitutions and citizenship Inter-American summitry appears to have guarantees (i.e. human rights, freedom of – are today, more than ever, the lifeblood buried the longstanding view that expression) or modifying them so as to of the Inter-American agenda. “national sovereignty” prevented a favor the powers of the State over each - Former Bolivian Vice Minister of For- collective defense of universally accepted individual. The Charter mentions other eign Affairs and current Director of the OAS Office of international norms and common values. threats to democracy, as well: corruption, Summit Follow Up. The good news for summitry is inequity, exclusion, inefficient public that success need not be sought in lengthy laundry lists of action items, but can be achieved by appropriately focusing “The Charter is a concrete The Power of Summitry and leaders’ attention on overarching strategic Collective Defense of Democracy issues. result of the Summit of the Richard E. Feinberg and Robin L. - Richard Feinberg served as senior director Americas Process.” Rosenberg at the National Security Council during the first Clinton - Jaime Aparicio Otero The historic OAS Inter-American Administration, and is professor and director of the Democratic Charter is further proof of the APEC Study Center at the University of California, San power of summitry in the Americas to Diego. Robin Rosenberg is Deputy Director of the Dante B. Fascell North-South Center at the University management, violence and weak produce results that have profoundly of Miami. The authors are co-directors of the institutions. positive consequences for the nations and Leadership Council for Inter-American Summitry. Along these lines, the Charter peoples of the Western Hemisphere. clearly defines those components within Arising from the April 2001 Quebec City the concept of Rule of Law: respect for Summit of the Americas’ “democratic human rights and fundamental clause,” this far-reaching commitment to freedoms; periodic, free and fair self defense against a wide array of threats The Inter-American Democratic elections based on secret balloting and to democracy could only have been Charter and Terrorism universal suffrage; the pluralistic forged by the kind of high-level Office of Summit Follow Up system of political parties and negotiations of Heads of State and Terrorism is a well-known organizations; the separation and Government for which the Summit of the phenomenon to practically every country independence of powers; freedom of Americas has provided an ongoing forum in the Americas. All have suffered directly expression; transparency and probity since 1994. or indirectly from this scourge that aims in government activities; and the The Charter goes beyond the to undermine order and stability. In order control of civilian authority over state 1991 OAS Santiago Resolution 1080 to to prevent, combat and eliminate institutions. In the same way, the Charter counter the kinds of threats to democracy terrorism, the Organization of American makes reference to strengthening that have caused some serious setbacks States organized the First Specialized electoral observation missions and to democratic rule over the past decade, Conference on Terrorism in 1996, in establishes the procedures to be followed especially in the Andean region. compliance with a mandate from the 1994 in the event of a democratic crisis in a Resolution 1080 has been interpreted as Summit of the Americas in Miami. The Member State, including those sanctions limited to military or armed interruption Second Conference on the same issue that would be imposed on the government of democratic rule, and its enforcement took place in 1998, in Mar de Plata. It of that country. provisions are weak. The Democratic was during this conference that the Inter- Finally, the Charter is a concrete Charter, however, addresses any American Committee Against Terrorism result of the Summit of the Americas “unconstitutional interruption of the (CICTE) was created. Process. In past years reality has shown democratic order or an unconstitutional The brutality of the terrorist us that, even though a democracy should alteration of the constitutional regime that aggression that manifested itself on (Continued on page 4, column 1) SUMMITS OF THE AMERICAS BULLETIN Comments on the Inter-American Democratic Charter The Civil Society Perspective - Office of Summit Follow Up Jennifer McCoy At the same time that Member States decided to elaborate an Inter-American The Inter-American Democratic Democratic Charter, it was also decided “to make public the proposed Inter- Charter reiterates the hemispheric American Democratic Charter in order to help civil society form an opinion, in commitment to democracy in the existing accordance with the Guidelines for Civil Society Participation in OAS Activities.” OAS instrument and strengthens that Thus began civil society’s important contribution to the formation and dissemination commitment by clearly defining the of this historic Charter. elements of democracy to which the Member States adhere. Even more In order to collect comments and suggestions from non-governmental importantly, the Charter clarifies and organizations, research institutions, universities, and other sectors of civil society makes more coherent the multiple and individuals, an Internet portal was opened through the main OAS website. An existing instruments to protect and estimated 8000 civil society organizations and individuals were sent a notice promote democratic government, informing them of the portal and providing instructions on how to send their collecting them all within one document. comments. In total, 69 comments were collected on issues pertaining to human Nevertheless, the Charter makes only rights and the defense and promotion of democracy. All comments were collected small advances over existing instruments and presented to the Working Group on the Democratic Charter in what amounted in the protection of democracy, rather to a document of approximately 150 pages. than constitutes a bold new approach. The participation of civil society went beyond commenting on the content If I could amend the Charter, I would do two things: (1) delineate the basic of the Charter. In fact, it was a Peruvian organization, Asociación Civil conditions that would trigger the Transparencia, that published the book that contained the final version of the Inter- democracy clause; and (2) form an American Democratic Charter. This book, entitled Inter-American Democratic independent commission to assess threats Charter: Contributions from Civil Society, includes the Charter, other official to democracy. The first amendment documents, articles on the Charter and civil society comments. The publication would spell out the conditions that and dissemination of the Charter demonstrates the enthusiasm that sectors of civil threaten democracy. Threats to society had in making the Inter-American Democratic Charter a reality. democracy today include not only What is most important, however, is the inclusion of civil society into the challenges by extra-constitutional forces, Charter preparations, since it is a clear step forward in the OAS opening itself up to but also the abuse of power by elected receiving input from these sources. Indeed, this type of participation must be fostered officials themselves. Because governments are reluctant to criticize in the OAS and in its Member States in order to truly attain the type of democracy their colleagues, the OAS should go as promoted in the Charter itself. far as possible to spell out the conditions Defending Democracy under which the international community Humberto de la Calle The disclosure of serious cases of will respond to, protect and restore It is no coincidence that the OAS, corruption, so easily diffused as a democracy, thus lessening the need for being the only international governmental consequence of civil rights, leads to a the perceived “subjective” or arbitrary organization to proclaim and enshrine the pattern of rejection not against those who evaluations of peers. defense of representative democracy as are corrupt, but against the political The failure to delineate situations that an essential element of its raison d’être system as a whole. The volatile nature may represent an “unconstitutional in its own charter, has approved of capital, a product of globalization that alteration or interruption of the unanimously the Inter-American can destabilize countries and financial democratic order” weakens the document Democratic Charter this past September systems overnight, blurs the benefits of and leaves open the possibility that its 11, 2001. globalization and threatens the application could be misused as countries After having emerged from an era permanence of democratic regimes. arbitrarily bring complaints to the dominated by dictatorships in the The end of the Fujimori Secretary General. Granted, an Hemisphere, we can now fully enjoy a administration in Peru served as a enumeration also runs the risk of the democratic environment in almost the warning. It demonstrated that the risks failure to anticipate all possible scenarios entire region. However, this fortunate facing democracy today have strayed in which the clause might be circumstance must not blind us from the from the classic coups d’état and taken implemented, but the hemisphere should fact that democracies confront challenges on more subtle forms, at times emanating begin to enumerate some of the basic acts that put their existence at risk. The from behind the scenes of the very people that would constitute an “unconstitutional commitment to eradicate poverty is far in power. alteration”. This list should include: from being fulfilled, thus creating popular Consequently, it became a) Holding of elections which do not dissatisfaction and along with it an necessary to modernize the legal meet the minimal international standards environment favorable to the instruments designed to preserve of the right to vote: ample opportunity for enchantment - albeit fleeting and counter- democracy within the Inter-American major parties to get their messages to the productive – of populist authoritarianism. system. The OAS Charter, the (Continued on page 4, column 1) (Continued on page 4, column 3) SUMMITS OF THE AMERICAS BULLETIN

(The Charter and Terrorism...) (Defending Democracy) September 11th was a catalyst for the b) Failure to hold periodic elections or Washington Protocol and the Santiago countries of the Americas to stand united to respect electoral outcomes. Commitment, among others, had to be in defending and strengthening hard- c) Leaders terminating the tenure of other brought to date and assembled into one earned democratic principles through the elected officials, such as presidents far-reaching instrument. The right of the powers of democratic instruments closing legislatures. American peoples to democracy, the entrusted to them. On September 21, effective exercise of democracy as a basis during the Foreign Ministers Meeting of d) Leaders failing to respect the decisions for the Rule of Law, citizen participation, OAS Member States, the Secretary of of independent judiciaries or the promotion and protection of human State of the United States, Colin Powell, compromising the independence of the rights, integrated development and the noted that the great strength that comes judiciary by arbitrarily removing justices. promotion of a democratic culture – all from the solidarity that states have e) Systematic violation of basic of these issues had to be considered as achieved, the same solidarity that was freedoms, including freedom of part of our institutions’ defense achieved in the past, will be absolutely expression, freedom of association, or mechanisms. These mechanisms would critical to prosperity, critical to progress respect for minority rights. be framed so as to keep pace with reality, in this crisis, critical for democracies in f) Interference by non-elected officials, while acting at the same time as the hemisphere, and critical for security. such as the military, in the jurisdiction of dissuasive elements in the face of The Ministers agreed to call a attempts to rupture or gravely alter the meeting of the Inter-American Committee elected officials. constitutional order. With this in mind, Against Terrorism (CICTE), on October Second, the OAS needs a the “Democratic Clause” was created and 15, to decide on what actions must be commission or body to assess and make approved by the Heads of State and taken to “prevent, combat and eliminate recommendations when erosions begin to Government at the Quebec City Summit. terrorism in the hemisphere,” entrust the be apparent. A commission of notables As the President of the Working design of a project for the Inter-American (elder statesmen, human rights and Group that produced the text approved Convention Against Terrorism and democracy experts, jurists) could be in the Special Assembly in Lima, I must convene as soon as possible a Special nominated by the Secretary General to recognize the effort and dedication of all Conference on Security. assess the situation in a country and report the Missions to crown this undertaking The signing of the Inter- back to the Permanent Council with an with rousing success. The hours were American Democratic Charter constitutes assessment and recommendations for long, the discussions were serious and a clear show of will among the countries action. Such a mission can draw on their commitment was tenacious. After of the hemisphere to live in a system reports by established bodies including the first phase of deliberations, which based on freedom, cooperation and international election observer missions, included the revision of at least seven justice. The convocation of CICTE in the Special Rapporteur for Freedom of different versions of the Charter, a draft response to the terrible acts of terrorism Expression, and the Inter-American was presented at the General Assembly on September 11th is a clear demonstration Commission on Human Rights. A in Costa Rica. Some Ministers sought of that will. standing commission would be preferable revisions, and as a result the existing text to ad hoc commissions, and could specify was carefully amended. Issues that had critical thresholds necessitating (Comments on the Charter...) not been incorporated previously were responses. included, and it was only after eighteen voters, the absence of physical coercion - Jennifer McCoy is currently Director of versions that the final text received or intimidation, a secret vote and honest the Latin American and Caribbean Program in the Carter Center. definite approval. count, and a meaningful appeals process. It is tragic that this approval occurred on September 11, 2001, the date of the serious terrorist attacks that The Inter-American Democratic Charter can be found at the following address: occurred on United States soil. But in a http://www.summit-americas.org/Quebec-DemocraticCharter/mainpage-eng.htm way, this commitment to democracy, civil rights and the pluralistic and tolerant If you have comments or questions on the Summits of the Americas Bulletin, society that is created under those rights, please contact: Jennifer Cyr, Editor: [email protected] is the best response to such fanaticism. - Humberto de la Calle is Ambassador of For general comments or questions on the Summit Process: Colombia to the OAS.

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