DEMOCRACY
AND
HUMAN
RIGHTS
The Andean
Community Member Countries have
demonstrated their democratic vocation
ever since the founding of the
integration process in 1969, as can be
seen in its supreme law, the Cartagena
Agreement, which is grounded in “the
principles of equality, justice, peace,
solidarity and democracy.”
This democratic
vocation has been reaffirmed over the
years in a variety of pronouncements,
such as the Andean countries’
contribution to the overthrow of the
Somoza dictatorship in Nicaragua and
their rejection of the attempt by
Colonel Natush Bush to overthrow the
Bolivian Government.
A further
expression of that vocation were the
efforts of Colombia, Peru and
Venezuela to secure peace and
democracy in Central America through
the Contadora and Support Groups
backed by the Andean Group, which
later gave way to the creation of the
Political Consultation and
Coordination Mechanism, initially
known as the Group of Eight and, as of
its enlargement, as the Group of Río.
In 1980, when the
rule of law had been reestablished in
all of the Andean countries, the
Andean Presidents, in Riobamba,
Ecuador, signed the Code of Conduct
establishing the democratic nature of
the Subregion’s political systems,
together with the Member Countries’
commitment to respect human, political,
economic and social rights as their
basic norm of national behavior.
Among the more
recent events, attention should be
drawn to the Declaration of the Andean
Council of Presidents on Democracy and
Integration, signed in Bogotá on
August 7, 1998, during Andrés
Pastrana’s Presidential inauguration.
That Declaration
reiterates the CAN’s commitment to
democracy by establishing that “the
Andean Community is a community of
democratic nations” and “that among
its main objectives are the
development and consolidation of
democracy and the rule of law, as well
as respect for human rights and basic
freedoms.”
The promotion and
defense of democracy is a key issue on
the Andean Community’s Foreign Policy
Agenda. In effect, the exercise of
democracy resting on the participation
of the citizens and social justice is
among the major principles of
Decision 458,
whereby the Andean Council of Foreign
Ministers approved the “Common Foreign
Policy Guidelines,” and its main
objectives include the development and
consolidation of democracy and the
rule of law, as well as the promotion
of and respect for human rights and
basic freedoms. .
Along this same
line, an area of Common Foreign Policy
action in the political terrain is the
affirmation of democracy as a
requirement for consolidation of the
subregion’s integration process and
for helping to strengthen democracy
and human rights through the Andean
Community’s international dialogue and
cooperation activities.
On the "democratic
clause" of the Inter- American
Democratic Charter
The Andean
Council of Foreign Ministers, at the
request of the Andean Presidents, drew
up a draft Additional Protocol to the
Cartagena Agreement, the “Andean
Community Commitment to Democracy.”
Four of the Member Countries signed
this document in Oporto, Portugal, on
October 17, 1998 and the last one
signed it at the Twelfth Meeting of
the Andean Council of Presidents on
June 9 and 10, 2000.
The Protocol
stipulates that “the full
effectiveness of the democratic
institutions and the rule of law” are
an essential precondition for
political cooperation and integration
and indicates the procedures to be
followed in the event that the
democratic order is disrupted in any
of the Member Countries.
Those measures
range from the suspension of the
country’s participation in any of the
bodies of the Andean Integration
System and its “ineligibility to
accede to the facilities or loans of
the Andean financial institutions,” to
the “suspension of rights deriving
from the Cartagena Agreement and the
coordination of external measures in
other spheres.”
Drawing their
inspiration from this Protocol and
from the Southern Common Market’s 1998
Protocol of Usuaia, the Presidents of
the Andean Community and the Mercosur
countries approved, on September 1,
2000 in the city of Brasilia, the so-called
“democratic clause” in paragraph 23 of
the Communiqué, which states that
“Maintenance of the rule of law and
full respect for the democratic system
in each of the twelve countries of the
region constitute an objective and a
shared commitment, which as of today
is a prerequisite for participation in
future South American meetings.” The
Presidents went on to add that
“Respecting the existing regional
mechanisms, they agreed, in that
connection, to hold political
consultations if a disruption of the
democratic order in South America is
threatened.”
This “South
American democratic clause” is a key
element for the integration of this
community of democratic nations in
South America and commits them to the
exercise of democracy and the rule of
law in the region.
At their March
2001 meeting in Lima, the Andean
Community Foreign Ministers reiterated
their countries’ strong democratic
vocation and agreed upon the need to
further strengthen the institutions
and to promote respect for human
rights.
After
underscoring the importance of the
application in full of the “Andean
Community Commitment to Democracy,”
the Foreign Ministers reiterated their
support for Peru’s initiative to adopt
an “Inter-American Democratic
Charter.” This was accomplished on
September 11, 2001, during the Special
General Assembly of the Organization
of American States, in Lima.
Furthermore, our
leaders, at the Thirteenth Andean
Council of Presidents, held in
Valencia, Venezuela on June 23 and 24,
2001, reiterated their firm intent to
continue strengthening democratic rule
in the Andean countries.
They agreed that
the democratic governance of their
respective countries is an absolute
priority and, accordingly, reiterated
their commitment to resolve, by
constitutional means, any temporary
difficulty that could arise in the
Andean region.
The Heads of
State, moreover, in the Machu Picchu
Declaration on Democracy, the Rights
of Indigenous Peoples and the War
against Poverty, signed on July 29,
2001 on the occasion of Alejandro
Toledo’s Presidential inauguration in
Peru, expressed their firm conviction
that democracy, development and
respect for human rights and basic
freedoms are interdependent and
mutually strengthening.
In this
connection, they reiterated their
intention to reinforce democracy as a
system of government and as an
irreplaceable element of our political
identify, to promote democratic values
as a way of life and to defend
democratic institutions and the rule
of law in Latin America and the
Caribbean. They further reaffirmed
that the effective exercise of
democracy requires the strengthening
of its participatory nature.
Human Rights
As pointed out
above, an immediate precedent to be
considered is the Riobamba Code of
Conduct, signed on September 11, 1980
by the Presidents of Colombia, Ecuador
and Venezuela and the Personal
Representative of the President of
Peru.
In that document,
the Andean countries reaffirmed that
respect for human, political, economic
and social rights is a fundamental
domestic rule of conduct of the Andean
States and that its defense is an
international obligation to which the
Status are bound, and that, as a
result, joint action taken to protect
those rights does not violate the
principle of non-intervention.
It should be
recalled that the Andean countries
have been promoters and signers of
most of the international instruments
for the protection and promotion of
human rights, within both the United
Nations and the Organization of
American States, and this has become
an important basis for the design of a
Community policy on the subject.
Among the notable
instruments in which the Andean
countries have played a significant
role, is the 1993 Vienna Declaration
and Plan of Action. Its key principles
include the responsibility of the
international community for promoting
and defending human rights, the
holistic conception of those rights,
and the connection between democracy,
human rights and development.
The Andean
Presidents have followed this course
of international pronouncements at
their consecutive annual meetings of
the Andean Council of Presidents. At
the Thirteenth Andean Council of
Presidents in Valencia, Venezuela, on
June 23 and 24, 2001, our leaders
announced their decision to approve an
Andean Human Rights Charter to ensure
the effective exercise of human rights,
reinforce democratic governance and
the rule of law, and firmly establish
a culture of peace in the Andean
nations.
They, accordingly,
instructed the Andean Council of
Foreign Ministers to draw up this
Charter, which was to contain the
principles and main lines of a
Community policy on the subject and a
cooperation program to expedite
specific actions aimed at ensuring the
observance of and respect for those
rights in the Andean region, within
the framework of the 1980 American
Human Rights Convention and the
Riobamba Code of Conduct.
The intention was
for this Andean Charter to, among
other things, strengthen the rule of
law and improve the administration of
justice; promote a culture of peace
through dialogue, tolerance and
concerted decisions, as social
consensus-building instruments;
reinforce the right to development;
and build up institutions for the
defense and promotion of human rights
in the Member Countries, particularly
the Offices of the Ombudsmen.
In the cited
Machu Picchu Declaration on Democracy,
the Rights of Indigenous Peoples and
the War against Poverty, signed on
July 2001, for its part, the
Presidents renewed their governments’
commitment to the exercise of and
respect for human rights. They also
reiterated their will to strengthen
the Inter-American Human Rights System,
including the possibility of the
progressively permanent operation of
the Inter-American Court of Human
Rights and the Inter-American Human
Rights Commission, and to foster the
universality of the Inter-American
system for the protection of human
rights.
It is important
to draw attention to the Presidents’
support for all efforts to promote and
protect the fundamental rights and
freedoms of the indigenous peoples,
among them: the right to their own
spiritual, cultural and linguistic
identity and traditions; their social,
political, cultural and economic
rights; their right, as peoples, not
to be divested of their historical
cultural heritage; their right to
their systems and knowledge of
traditional medicine and to its
practice, including the right to
protection of their ritual sites and
sacred places; their right to an
education that respects their
differences; and the right to be
elected to and to hold public office.
The Heads of
State also expressed their intention
to safeguard these rights within the
public order and in compliance with
existing constitutional and legal
provisions, among other significant
agreements.
It is important
to emphasize here that the Andean
Council of Foreign Ministers, at its
Twelfth Regular Meeting, held on May
7, 2004 in Guayaquil, Ecuador, adopted
Decision 586 “Working Program for the
Dissemination and Execution of the
Andean Charter for the Promotion and
Protection of Human Rights,” that
establishes specific goals for the
Promotion of the Andean Charter; for
its national and international
implementation; for its follow-up; and
for its projection in the medium and
short terms. In addition, it contains
a general timetable and indicates ways
to seek the financing needed for the
program’s implementation.
As a result of
that Program, the Andean Charter is
available in Quechua and Shuar,
prepared by the Ministry of Foreign
Affairs of Ecuador, and in Spanish,
from the Andean Labor Advisory Council.