- 19 21 of the Inter-American Democratic Charter for the first time, and pursuant to article 9 of the OAS Charter,74 the OAS General Assembly decided “[t]o suspend the Honduran State from the exercise of its right to participate in the Organization of American States.”75 57. Following several negotiation initiatives undertaken by the OAS Secretary General and later by former Costa Rican President, Oscar Arias, an agreement known as the Guaymuras Dialogue, Tegucigalpa/San José Accord was signed on October 30, 2009, in order to achieve national reconciliation.76 The agreements reached included the creation of a Truth and Reconciliation Commission, which was established by executive decree on April 13, 2010. The purpose of the Commission was “to clarify the events that took place in Honduras before and after June 28, 2009, in order to identify the actions that led to the crisis and to provide the people of Honduras with essential information to avoid a repetition of such events in the future.” It was empowered to make constructive recommendations to strengthen the institutional framework and democratic development of Honduras and the defense and guarantee of human rights, as well as to recommend and propose ways of monitoring aspects that promoted and encouraged reconciliation among the Honduran people. The Truth and Reconciliation Commission functioned for one year (starting on May 4, 2010), and presented its report to the people of Honduras and to the representatives of the three branches of State on Thursday, July 7, 2011.77 58. In addition, under the said Tegucigalpa/San José Accord it was agreed to establish a government of national unity and reconciliation, to forego the convocation of a constituent assembly or a reform of the Constitution, to normalize relations between Honduras and the international community, and to create a commission to verify the commitments made in the agreement, coordinated by the OAS and composed of two Hondurans and two international members. In addition, it was agreed that the National Congress would decide on the reinstatement of the ousted President and support was indicated for the presidential elections.78 On November 3, 2009, Mr. Micheletti attempted to form a cabinet unilaterally, contrary to the Accord. In response, “President 74 Article 9 of the OAS Charter states that: “[A] Member of the Organization whose democratically constituted government has been overthrown by force may be suspended from the exercise of the right to participate in the sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences as well as in the commissions, working groups and any other bodies established: (a)The power to suspend shall be exercised only when such diplomatic initiatives undertaken by the Organization for the purpose of promoting the restoration of representative democracy in the affected Member State have been unsuccessful; (b) The decision to suspend shall be adopted at a special session of the General Assembly by an affirmative vote of two-thirds of the Member States; (c) The suspension shall take effect immediately following its approval by the General Assembly; (d) The suspension notwithstanding, the Organization shall endeavor to undertake additional diplomatic initiatives to contribute to the re-establishment of representative democracy in the affected Member State; (e) The Member which has been subject to suspension shall continue to fulfill its obligations to the Organization; (f) The General Assembly may lift the suspension by a decision adopted with the approval of two-thirds of the Member States; (g) The powers referred to in this article shall be exercised in accordance with this Charter. 75 Resolution of the OAS General Assembly on the Suspension of the right of Honduras to participate in the Organization of American States. OEA/Ser.P AG/RES 1 (XXXVII-E/09), of July 4, 2009. Available at: http://www.oas.org/consejo/sp/AG/ 37SGA.asp#inf. 76 Cf. Report of the Truth and Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la Verdad y la Reconciliación, July 2011, pp. 43 to 46 (evidence file, folios 7324 to 7327). 77 Cf. Report of the Truth and Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la Verdad y la Reconciliación, July 2011, p. 17 (evidence file, folios 6937, 6940, 7308, 7309 and 7327). 78 Cf. OAS, Permanent Council, Timeline of recent OAS engagement in Honduras June-November 2009. OEA/Ser.GCP/INF. 5938/09 corr. 1, November 23, 2009. Available at: http://www.oas.org/consejo/sp/documentos %20INF2009.asp, and Tegucigalpa/San José Accord for “National Reconciliation and Strengthening Democracy in Honduras” of October 30, 2009, transcribed in the Report of the Truth and Reconciliation Commission (CVR). Para que los hechos no se repitan: Informe de la Comisión de la Verdad y la Reconciliación, July 2011, pp. 44 and 45 (evidence file, folios 7325 and 7326).