Founding Charter of the Inter-American
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INTER-AMERICAN INSTITUTE FOR HUMAN RIGHTS Center for Electoral Assistance and Promotion Inter-American Union of Electoral Organization - UNIORE- WORKING PAPERS FOR THE EXTRAORDINARY MEETING OF UNIORE IN PANAMA NOVEMBER 6 AND 7, 2013 IIHR/CAPEL EXECUTIVE SECRETARIAT November 2013 1 INTRODUCTION Documents in this dossier are those produced and sent to the Executive Secretariat since the UNIORE Working Group meeting in Mexico (Mexico City, 13-14 July 2011), followed by the Extraordinary UNIORE Meeting in Mexico City (November 10-11, 2011), the XI UNIORE Conference in Dominican Republic (Punta Cana, July 29-August 3, 2012) and the Extraordinary Meetings of UNIORE in Ecuador (Quito, February 13, 2013) and (Cuenca, June, 2013). UNIORE’s Executive Secretariat has compiled the documents received aimed at sending them to all the members timely, in order for you to have all the information regarding the topics the next Extraordinary Meeting will deal with, and in doing so complying with the request of the Extended Coordination and Follow-up Committee. The documents are grouped following the order of the proposed agenda and despite they are subdivided with numbers, they follow a consecutive alphabetical order. 2 INDEX General Documents 1. A. Founding Charter of UNIORE .............................................................................................. 5 1. B. Agreements of the XI Conference of UNIORE in Dominican Republic, July 2012 ............. 15 1. C Agreements of the Extraordinary Meeting of UNIORE in Ecuador, February 2013 ... ......20 1. D Agreements of the Extraordinary Meeting of UNIORE in Ecuador, June 2013 ............ ......31 Proposals with functions clarification in the framework of UNIORE 2. D. Electoral Tribunal of Panama ........................................................................................... 44 General observations to documents filed in the Extraordinary Meeting of UNIORE in Ecuador, February 2013 3. F. Federal Electoral Institute of Mexico.……………………………………………………………............……48 3. G. Electoral Court of the Federal Judiciary of Mexico ......................……….………………………...54 3. H. National Election Chamber of Argentina……………………………………………………………….…......91 Knowledge about new requests to UNIORE 4. I. National Electoral Directorate of Argentina……………………………………………………………..…….94 Knowledge about work and cooperation agreements 5. J. Framework cooperation agreement between OAS-UNIORE..............................................96 5. K. Memorandum of understanding between IDEA-UNIORE....……………………………………......102 5. L. Summary of the Latinobarometro Project ………………………………………………………..……..…111 Presentation of the Plan of Action within the framework of the “Report on the UNIORE´s Group Session” (Mexico, 13 and 14 and November, 2011) 6. M. Plan of Action within the framework of the “Report on the UNIORE´s Group Session”, Mexico 2011………………………………………………….……………………………………………………….............…118 6. N. Conclusions of the Extraordinary Meeting in Mexico, November 2011………………….…..…157 3 6. O. Plan of Action within the framework of the “Report on the UNIORE´s Group Session” (Mexico, 13 and 14 and November, 2011). Submitted by the Presidency of UNIORE....…160 Discussion about UNIORE´budget matters 7. P. Proposal emerged within UNIORE´s Group Session in Mexico, July 2011…….………….......170 Observation Protocol 8. Q. Observation Protocol Missions Project submitted by the Federal Electoral Institute of Mexico…………………………………………………………………………………………………………………………………172 8. R. Comparative matrix of suggestions and comments about the Protocol Observation Missions Project ……..………………………………………………………………………………………………………..…178 8. S. New draft proposal submitted by the Presidency of UNIORE……….……………..…………....…192 Founding Charter reform proposals 9. T. Central electoral board of Dominican Republic …………………………………………………………...198 9. U. Qualifiying Elections Tribunal of Chile ….………………………………………………………………....….202 9. V. Central Electoral Board of Venezuela…….………………………………………………………………….….206 9. W. Supreme Electoral Tribunal of Guatemala………..………………………….………………………..…...208 9. X. National Elections Board of Peru……… ……………………………………………………………….…..……210 9. Y. Superior Electoral Tribunal of the Dominican Republic….………………………………………..……212 Several topics 10. Z Electoral Court of the Federal Judiciary of Mexico………………………………………………………215 4 1. GENERAL DOCUMENTS 1. A. FOUNDING CHARTER OF UNIORE 5 FOUNDING CHARTER OF THE INTER-AMERICAN UNION OF ELECTORAL ORGANIZATIONS We the undersigned, duly authorized by our respective organizations to act as the representatives of the Electoral Organizations of Antigua y Barbuda, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Nicaragua, Panama and St Lucia, all members of the Association of Central American and Caribbean Electoral Organizations (Tikal Protocol), and of the Electoral Organizations of Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Peru, Uruguay and Venezuela, all members of the Association of South American Electoral Organizations (Quito Protocol): Reaffirm our unyielding faith in democracy as the only system which permits mankind to develop in a climate of absolute freedom. Realizing that the exchange of electoral information, the observation of electoral processes and that effective consultations, recommendations and assistance between electoral organizations are decisive factors in establishing and consolidating democracy through suffrage. Fully convinced of the importance of formalizing, through an instrument, cooperation between our organizations and the Associations composed of the members of the Quito Protocol and the Tikal Protocol. HEREBY AGREE: FORMATION ONE: To form the Inter-American Union of Electoral Organizations, composed of the Electoral Organizations of Central America and the Caribbean (Tikal Protocol), the Electoral Organizations of South America (Quito Protocol), and any other Electoral Organizations in the Americas which may apply and be accepted for membership in the future. This Union in no way implies the dissolution of the Associations of Electoral Organizations created under the "Quito Protocol" and the "Tikal Protocol", nor the impairment of their independence and autonomy. 6 OBJECTIVES TWO: Its objectives are to: A) Increase cooperation between the Union's member Associations and individual Electoral Organizations belonging to the Union. B) Promote the sharing of information on electoral systems. C) Foster the participation of representatives of the member Organizations in an observer capacity in electoral processes, at the invitation of the country where they are held, which shall provide the necessary facilities as far as is practicable in terms of its own resources. CH) Formulate general recommendations for member Organizations. D) Promote honest, efficient and democratic electoral systems which guarantee universal suffrage and a free and secret ballot. E) Provide support and assistance, as far as practicable, to Electoral Organizations which request it. NATURE THREE: The Inter-American Union of Electoral Organizations is a non-governmental body, whose decisions are by way of recommendations and guidelines for the various member Organizations. STRUCTURE AND ORGANIZATION FOUR: The Governing Body of the Union is the Inter-American Conference of Electoral Organizations, composed of the representatives of each individual organization. It shall meet in ordinary session every two years on the date and place decided by each Conference for the next. The need to alternate the site of each conference among the Union's different member Organizations shall be taken into account in such decisions. The Conference may also meet in extraordinary session when so requested by at least five member Organizations, in writing to the Executive Secretariat which, in consultation with the Committee mentioned in Clause Six, shall inform the members as far ahead of time as possible, of the site, date and agenda of the extraordinary Conference. The Conference shall be chaired by the Host Organization. 7 FIVE: A simple majority of its members shall be required for the Conference to meet in formal session. The Conference's resolutions and agreements shall be reached by consensus. Each Electoral Organization shall have one vote in the Union, regardless of the number of its representatives, to be cast by the person chairing the respective Delegation at the time of the vote. SIX: The Conference shall appoint, for a two-year term, a Coordination and Follow-up Committee composed of one representative of the Electoral Organization which hosted the previous Conference, one representative of Electoral Organization which is to host the next conference, and the Executive Secretariat. During the first year the Coordination and Follow-up Committee shall be chaired by the representative of the Electoral Organization which hosted the previous Conference and, during the second year, by the representative of the Electoral Organization hosting the next Conference. This Committee is the top-level coordination and follow-up body between one Conference and the next. SEVEN: The Coordination and Follow-up Committee shall be responsible for performing the following tasks: A) Preparing the Agenda of each Conference. B) Presenting a Report of its activities to each Conference. C) Contributing to the promotion of the Union's activities. CH) Consulting members of the Union on any special matters which may arise during the period between Conferences, with powers to convene a Special Conference pursuant to the