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22332: Benodin: Resolution 2059: STRENGTHENING OF DEMOCRACY (fwd)




From: Robert Benodin <r.benodin@worldnet.att.net>

Resolution 2059: STRENGTHENING OF DEMOCRACY
(Adopted at the fourth plenary session held on June 8, 2004)
AG/RES. 2059 (XXXIV-O/04)
Organization of American States
THE GENERAL ASSEMBLY,
RECOGNIZING that the Charter of the Organization of American States affirms
that representative democracy is indispensable for the stability, peace and
development of the region, and that one of the fundamental purposes of the
OAS is to promote and consolidate representative democracy, respect for
democratic institutions, with due regard for the principle of
non-intervention; and in keeping with the Charter of the United Nations, it
establishes essential purposes of the Organization, including the
maintenance of peace and security in the Hemisphere and the promotion and
consolidation of representative democracy;

REAFFIRMING the principles contained in the Inter-American Democratic
Charter and in particular that the peoples of the Americas have a right to
democracy and their governments have an obligation to promote and defend it;

BEARING IN MIND that the Inter-American Democratic Charter recognizes as
essential elements of representative democracy, 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, and 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;

RECALLING its resolutions and those of the Permanent Council on the
situation in Haiti, in particular CP/RES. 862 (1401/04), which called upon
the United Nations Security Council to take the necessary and appropriate
urgent measures, as established in the Charter of the United Nations, to
address the crisis in Haiti;

CONCERNED by the political crisis in Haiti since May 2000, during which the
progressive deterioration of political conditions was characterized by
violence and electoral difficulties, serious breaches of the rule of law and
a lack of agreement among the domestic political actors which impeded the
efforts of the Organization American States, CARICOM and the International
Community to facilitate a peaceful and democratic solution to the crisis;

CONCERNED ALSO that on February 29, 2004, the crisis in Haiti, exacerbated
by the inability to hold elections and the threat and use of violence,
caused the abrupt departure of the democratically elected President of
Haiti;;

TAKING INTO ACCOUNT the resignation and abrupt departure of the former
President of Haiti and the appointment of a transitional government in view
of the exigencies of the situation;

NOTING the subsequent questions surrounding his resignation;

EMPHASIZING that there was an alteration of the constitutional regime which
began prior to February 29, 2004 and which has damaged the democratic order
in Haiti due to the non existence of a functioning parliament or
democratically elected municipal authorities or an independent and free
judiciary;

NOTING the United Nations Security Council resolution 1529, which called on
member states to support the constitutional succession and political process
under way in Haiti and authorized the deployment of a Multinational Interim
Force, as well its resolution 1542, which established the United Nations
Stabilization Mission in Haiti;

REITERATING that the primary concern of the Organization of American States
in Haiti is the full restoration of a lasting democratic order and the
economic, social as well as political well-being of the citizens of Haiti;

CONSIDERING that countries of the Caribbean Community, in accordance with
the provisions of the Inter-American Democratic Charter, requested that the
Permanent Council undertake a collective assessment of the situation in
Haiti;

EXPRESSING GRAVE CONCERN at the violence that was carried out by individuals
and groups that resulted in loss of life, the destruction of private and
public property and human rights violations;

EXPRESSING its support for the work of the OAS Special Mission for
Strengthening Democracy in Haiti, in particular the revitalization of
democratic institutions in the areas of security, justice, human rights, and
democratic governance;

ACKNOWLEDGING the importance of cooperation and coordination among the
Organization of American States, the United Nations, and the Caribbean
Community (CARICOM) with a view to strengthening democracy in Haiti;

SEEKING to promote the socioeconomic recovery of the Haitian people in a
peaceful and stable political environment,

RESOLVES:

1. To request the transitional government in Haiti to continue to create
conditions conducive to the holding of free, fair, and democratic elections
in Haiti, as soon as possible, in keeping with the Inter-American Democratic
Charter.

2. To request the OAS Special Mission for Strengthening Democracy in Haiti,
in accordance with Articles 23 and 24 of the Inter-American Democratic
Charter to assist the Provisional Electoral Council in preparing, organizing
and overseeing the elections and the proclamation of results, in cooperation
with the United Nations Stabilization Mission in Haiti (MINUSTAH).

3. To condemn the deplorable acts of violence that have resulted in tragic
loss of life and destruction of private and public property in Haiti and to
call for those responsible to be held accountable, in accordance with the
rule of law.

4. To instruct the Permanent Council to undertake, in accordance with the
principles and purposes of the Inter-American Democratic Charter, including
Article 20, all necessary diplomatic initiatives, including good offices, to
foster full restoration of democracy in Haiti.

5. To express solidarity with the people of Haiti and to support their
resolve to promote full and lasting democracy and the strengthening of
democratic institutions with guarantees for citizens and respect for
fundamental freedoms within the frame-work of the Inter-American Democratic
Charter; and to call on all sectors of the Haitian society to undertake all
the necessary initiatives to achieve these objectives.
6. To call for the rapid normalization of democratic institutions in Haiti
consistent with the Inter-American Democratic Charter.

7. To urge member states to contribute to the United Nations Stabilization
Mission in Haiti.

8. To reaffirm support for the Organization of American States Special
Mission for Strengthening Democracy in Haiti and its activities and the need
to continue working in support of elections, the strengthening of democratic
institutions and the protection of human rights.

9. To instruct the Permanent Council to review the mandates of the OAS
Special Mission in light of the present circumstances and create, as
appropriate, new mandates for that Mission.

10. To instruct the Secretary General to establish the necessary
coordination with the Secretary General of United Nations and to identify
the areas of collaboration between the Special Mission of the OAS and the
United Nations, especially those related to strengthening of democratic
institutions, the holding of elections and the promotion of human rights.

11. To call on the international community and international financial
institutions to act on their commitments to strengthen democracy in Haiti by
supporting economic and social programs and comply with their other prior
commitments, in order to alleviate the poverty that affects the majority of
the population.

12. To express its support for United Nations actions and programs under
United Nations Security Council resolutions 1529 and 1542 and to encourage
all member States to respond positively to the request made therein for
assistance to Haiti.

13. To urge all internal political actors in Haiti to begin a process of
dialogue and national reconciliation, without exclusions, in order to
facilitate a democratic peaceful and electoral solution to the current
crisis, which should foster a real and lasting democracy in Haiti.

14. To urge the Inter-American Commission on Human Rights (IACHR) to monitor
and report on the human rights situation in Haiti and to work with the OAS
Special Mission in the promotion and observation of those rights.

15. To instruct the Secretary General of the Organization of American States
to report quarterly to the Permanent Council on the situation in Haiti and
to keep it informed of the cooperation between the Organization of American
States and the United Nations and the work of the OAS Special Mission in
Haiti.

16. To request the Secretary General to transmit this resolution to the
Secretary-General of the United Nations.

17. To request the Secretary General to report to the General Assembly at
its thirty-fifth regular session on the implementation of this resolution.

18. To request the Permanent Council to report to the General Assembly at
its thirty-fifth regular session on the implementation of this resolution.