- 49 since February 7, 1950, establishes as one of its essential purposes, “[t]o promote and consolidate
representative democracy, with due respect for the principle of non-intervention.”284
150. Under the inter-American system, the relationship between human rights and representative
democracy and political rights, in particular, was established in the Inter-American Democratic
Charter, adopted at the first plenary meeting held on September 11, 2001, of the twenty-eighth
special session of the OAS General Assembly.285 Articles 1, 2 and 3 of this instrument indicate that:
Article 1
The peoples of the Americas have a right to democracy and their governments have an
obligation to promote and defend it. Democracy is essential for the social, political, and
economic development of the peoples of the Americas.
Article 2
The effective exercise of representative democracy is the basis for the rule of law and of the
constitutional regimes of the member states of the Organization of American States.
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 3
Essential elements of representative democracy include, inter alia, respect for human rights
and fundamental freedoms, access to and the exercise of power in accordance with the rule
of law, the holding of periodic, free, and fair elections based on secret balloting and universal
suffrage as an expression of the sovereignty of the people, the pluralistic system of political
parties and organizations, and the separation of powers and independence of the branches of
government.
151. Thus the Inter-American Democratic Charter refers to the peoples’ right to democracy, and
also stresses the importance, under representative democracy, of the permanent participation of
the citizenry within the framework of the legal and constitutional order in force. Furthermore, it
indicates that one of the constituent elements of representative democracy is “the access to and the
exercise of power in accordance with the rule of law.” The Court underlines that the facts of this
case occurred in the context of a grave democratic crisis and the breakdown of the rule of law, as a
result of which the OAS General Assembly was “convened urgently by the Permanent Council in
accordance with Article 20 of the Inter-American Democratic Charter.”286 On that occasion, the OAS
General Assembly, in exercise of its competence, expressly declared that “no government arising
284
Article 2(b) of the Charter of the Organization of American States.
285
Cf. Case of Castañeda Gutman v. Mexico, supra, para. 142, citing the Inter-American Democratic Charter. Adopted
at the first plenary meeting held on September 11, 2001, of the twenty-eighth special session of the OAS General
Assembly, Article 3.
286
Resolution of the OAS General Assembly on the Political Crisis in Honduras of July 1, 2009. OEA/Ser.P AG/RES 1
(XXXVII-E/09). Available at: https://www.oas.org/consejo/sp/AG/Documentos/AG04665E04.doc, and Cf. Resolution of
the Permanent Council of the OAS, Current situation in Honduras, June 28, 2009, CP/RES. 953 (1700/09). Article 20 of
the Democratic Charter establishes that: “In the event of an unconstitutional alteration of the constitutional regime that
seriously impairs the democratic order in a member state, any member state or the Secretary General may request the
immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such
decisions as it deems appropriate. The Permanent Council, depending on the situation, may undertake the necessary
diplomatic initiatives, including good offices, to foster the restoration of democracy. If such diplomatic initiatives prove
unsuccessful, or if the urgency of the situation so warrants, the Permanent Council shall immediately convene a special
session of the General Assembly. The General Assembly will adopt the decisions it deems appropriate, including the
undertaking of diplomatic initiatives in accordance with the Charter of the Organization, international law, and the
provisions of this Democratic Charter. The necessary diplomatic initiatives, including good offices, to foster the
restoration of democracy, will continue during the process.”