HRF Urges the OAS to Activate the Democratic Clause: Second Letter in “The Inter-American Democratic Charter and Mr. Insulza” Project

NEW YORK (October 15, 2008)—The Human Rights Foundation (HRF) published a letter sent to Jose Miguel Insulza, Secretary General of the Organization of American States (OAS), denouncing his inaction and unwillingness to fulfill the mandate of the Inter-American Democratic Charter. The letter highlights the most flagrant violations of human rights in Bolivia, Ecuador and Venezuela, and insists that Insulza activate the charter’s Democratic Clause.

In this, the second letter of the project entitled “The Inter-American Democratic Charter and Mr. Insulza,” the focus is on the elimination of judicial independence in Bolivia, Ecuador and Venezuela. HRF shows how each country has used different strategies to pave the way toward executive control of the judiciary.

In Bolivia, President Evo Morales passed a measure that effectively reduced salaries of the justices of the country’s highest court by 40%, leading five of the ten justices to resign. President Morales then brought up formal charges against the remaining five justices for declaring the unconstitutionality of a presidential decree that appointed four new judges to the Supreme Court. As a result, four more justices resigned, and with only one justice remaining, the court is unable to function effectively.

HRF also examines the swift demise of the Constitutional Tribunal in Ecuador, where the Electoral Power has essentially undermined the independence of the judiciary. After the Electoral Power issued a resolution suspending 57 of the 100 elected parliamentarians, the congress, now controlled by President Correa’s party, voted to remove the nine justices who made up the Constitutional Tribunal. A week later, congress appointed the new Supreme Court justices.

In Venezuela, President Hugo Chavez’s party—with just a simple majority vote in the National Assembly— passed a law that increased the number of supreme tribunal justices from 20 to 32 and established that their appointment and dismissal will be determined by a simple majority vote in the National Assembly. This measure is in direct violation of the Venezuelan constitution that makes it clear that justices can only be removed by a two-thirds vote of the Assembly. President Chavez has since removed all independent justices and has appointed justices that support him.

In the letter, HRF also informs Mr. Insulza of the topics that will be addressed in forthcoming letters; such as the rights of trade unions and violations of freedom of association.  HRF concludes by calling on Mr. Insulza to set right his behavior and to remember that what is at stake is not his own political image and reputation, but the lives of millions of Americans.

HRF is an international nonpartisan organization devoted to defending human rights in the Americas. It centers its work on the twin concepts of freedom of self-determination and freedom from tyranny. These ideals include the belief that all human beings have the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Armando Valladares, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.

Read the October 15, 2008 letter sent by HRF to Secretary General Insulza here.

Contact: Javier El-Hage, Human Rights Foundation, (212) 246.8486, info@thehrf.org

José Miguel Insulza, Organization of American States, (202) 458.3500, amfernandez@oas.org