3
12.
The right to participate in Government, as all juridical categories, has
evolved and has been reformulated with historical and social progress. Indeed, its
conceptualization has been enhanced over the period that has elapsed since the
adoption of the Convention almost 40 years ago. Although, in the initial instruments
of the OAS, the reference to representative democracy and political rights was
almost exhausted in the right to vote and be elected, the text of the Convention
was already an important step in the evolutive meaning of political rights including
other important components such as the nature of elections (“…genuine periodic
elections, which shall be by universal and equal suffrage and by secret ballot that
guarantees the free expression of the will of the voter...” Art. 23(1)(b)).
13.
In recent years, this evolution has developed substantially the concept of
the right to take part in the conduct of public affairs, which, nowadays, is a
reference point that includes a very wide variety of components that can range
from the right to support the removal of elected authorities, to supervise public
administration, to have access to public information, to propose initiatives, to
express opinions, etc. Indeed, the broad and general concept of the right “to take
part in the conduct of public affairs,” as it appears in the Convention, has been
refined and expanded.
14.
At the beginning of the twenty-first century, the member countries of the
Inter-American system share an important characteristic that was almost
exceptional when the American Convention on Human Rights was adopted in 1969:
all the Governments have been democratically elected. The actual context, resulting
from complex political and social processes, has given place to new problems and
challenges as regards the participation of the citizen in the conduct of public affairs.
This has had an impact on the provisions of the fundamental juridical instruments
of the inter-American system.
15.
It was in this context that the Inter-American Democratic Charter emerged,
adopted by consensus by all the countries of the system in 2001, following a broad
consultation process of civil society throughout the continent. In this and other
aspects, the Charter embodied conceptual developments which, at that time, were
derived from this new situation, giving a new formal dimension to a series of
juridical categories, and constituting a transcendental landmark in the interAmerican system as regards the evolutive content of political rights. Among other
aspects, the Democratic Charter develops the concept of the said right to take part
in the conduct of public affairs and, as a counterpart, the State’s obligations in this
regard.
16.
The Inter-American Democratic Charter emphasizes the importance of the
citizen’s participation as a permanent process that strengthens democracy. Thus,
the Charter declares that “Representative democracy is strengthened and deepened
by permanent, ethical, and responsible participation of the citizenry within a legal
framework conforming to the respective constitutional order” (Article 2). This
general declaration acquires a fundamental teleological meaning for the conceptual
development of political rights that the Charter itself establishes in its Article 4. The
foregoing constitutes an approach based on consensual expression, which is directly
related to the interpretation and application of a broad provision such as the one
contained in Article 23 of the American Convention.
17.
Indeed, Article 4 of the Inter-American Democratic Charter enumerates a
series of “essential components” of the exercise of democracy that express the
conceptual development of the right to take part in the conduct of public affairs,
and that are condensed in this inter-American instrument. It underscores a series
of State obligations which are merely the counterpart of the rights of citizens: