What does Article 21 of the Inter-American Democratic Charter say that the OAS is analyzing to apply to Nicaragua?

The Organization of American States (OAS) has been meeting since Wednesday in its 51st General Assembly, with Guatemala as the host country, in a turbulent context after Daniel Ortega won the elections in Nicaragua without strong opponents and with the pandemic very present for the second year in a row.

The Secretary General of the OAS, Luis Almagro, called the Nicaraguan elections “illegitimate” and called for measures to be taken in the face of “the clear violation of the Inter-American Democratic Charter.”

Faced with the Nicaraguan crisis, the OAS could adopt the suspension of the Central American country from the organization.

Recognized as one of the most complete inter-American instruments, promulgated to promote and strengthen democratic principles, practices, and culture among the countries of the Americas, the Charter was adopted at an extraordinary General Assembly of the OAS held in Lima on September 11. 2001.

Last June Almagro already declared himself in favor of activating the mechanisms to apply Article 21 of the Charter.

This article establishes that “when the General Assembly, summoned to a special period of sessions, finds that the democratic order has been broken in a member state and that diplomatic efforts have been unsuccessful, in accordance with the OAS Charter, it will take the decision to suspend said member state from exercising its right to participate in the OAS with the affirmative vote of two-thirds of the member states. Suspension shall take effect immediately”.

It also indicates that “the member state that has been suspended must continue to observe compliance with its obligations as a member of the Organization, particularly in the area of ​​human rights” and that once “the decision to suspend a government has been adopted, the Organization will maintain its diplomatic efforts for the restoration of democracy in the affected member state ”.

This ability to sanction member countries that suffer institutional breakdowns is unprecedented in the world. Only in the Americas is it contemplated in its legal heritage.

However, Nicaragua, which is present at the meeting that will last until Friday and whose slogan is “For a renewed America”, assured, moments before it begins, that its elections were free and without blackmail.

The permanent representative of Nicaragua to the OAS, Arturo McField Yescas, defended, in his speech, last Sunday’s elections, which were described as “farce” by a part of the international community.

The Nicaraguan official asked to speak in the middle of a dialogue between members and observers of the OAS, because several representations, such as Spain, Switzerland and Italy, criticized Sunday’s elections by calling them “undemocratic”, in addition to asking for the liberation of politicians imprisoned in Nicaragua.

McField stressed that on Sunday his country voted with “65 percent participation and 75 percent gave their support to the Great Nicaragua Triumph Alliance”, to grant a new period in power to Ortega, who governs the Central American country. since 2007.

The Nicaraguan representative emphasized that the OAS General Assembly must “look to the future and not to the past of colonialism” and reiterated that in Nicaragua “Nicaraguans vote freely, without sanctions or blackmail.”

McField also regretted that the continent continues to show “retrograde” dyes, as he pointed out that countries with more resources “monopolized vaccines and denied the resource to small countries” such as Nicaragua.

With Sunday’s results, Ortega, who has governed since 2007 after having done so from 1979 to 1990, was guaranteed five more years as president, again with his wife, Rosario Murillo, as vice president.

The Charter has been applied ten times

The Letter is divided into six chapters: I) Democracy and the Inter-American System, II) Democracy and human rights, III) Democracy, integral development and fight against poverty, IV) Strengthening and preservation of democratic institutions, V) Democracy and observation missions electoral, VI) Promotion of democratic culture.

Covered in Chapter IV, the OAS can mediate in different crises that arise in its members, as they request it.

Thus, the regional document has been applied ten times since 2002. The most critical moment of the time it has been applied is when the countries suspended Honduras in 2009, based on Article 21.

The decision occurred after a coup d’état took place, which removed President Manuel Zelaya from the government. The OAS indicated that the Charter would serve as a pressure measure. The country was reintegrated in 2011 under the government of Porfirio Lobo.

The OAS intervened to reestablish order in other countries.

In 2002 he did it in Venezuela, in defense of the government of Hugo Chávez that had suffered a military coup, reports CNN. On April 13, the member countries applied the Charter and sent a special mission in order to restore democratic order in Venezuela and the following day, Chávez returned to office, he says. CNN.

In Bolivia, the Charter was invoked on three occasions, 2003, 2005 and 2008 due to the crisis derived from the so-called “gas war” that unleashed a stage of crisis that began in 2003, with different street protests in rejection of economic measures implemented by the then president Gonzalo Sánchez de Lozada. Faced with the expansion of the conflict, the Government requested the intervention of the OAS, which backed the president.

However, the crisis did not stop and the protests became more violent. Sánchez de Lozada resigned and his vice president, Carlos Mesa, assumed power amid protests that also made him resign and the OAS applied the letter a second time to hold new elections in which Evo Morales won.

The arrival of Morales brought attempts at constitutional reforms to reduce the claims, but met strong opposition. The OAS appointed a special envoy to analyze what was happening and after several attempts to promote dialogue between the parties, in 2008, the OAS applied a third Democratic Charter urging political actors to work together and overcame the crisis .

In Peru, OAS intervention was requested in 2004 due to questions faced by the government of Alejandro Toledo in the midst of the severe crisis inherited from the government of Alberto Fujimori. The OAS applied the document in February in support of Toledo.

In Nicaragua it has been applied twice, in 2004 and in 2005, due to corruption issues linked to then-President Enrique Bolaños. In October 2004, Nicaragua went through one of its worst political crises unleashed by a complaint from the Comptroller General’s Office that accused then-President Enrique Bolaños on corruption charges. The Comptroller’s Office requested the removal of the president before the Congress, which has an opposition majority.

Bolaños requested the participation of the OAS and on October 17, the organization sent a mission to Managua to promote dialogue between the ruling party and the opposition, which ended with the announcement by then-opposition leader Daniel Ortega not to support the removal of the president.

The following year, the Legislature again faced the Executive after a series of constitutional amendments. Bolaños invoked a new participation of the OAS, the conflict was overcome and presidential elections were held in which Ortega was elected.

In Ecuador it has also been applied on two occasions. The first in 2005 requested by President Alfredo Palacio, after taking office after the removal of Lucio Gutiérrez, to restore constitutional order and the Supreme Court.

In 2010, the OAS mediated again during Rafael Correa’s term after the police revolt on September 30. The organization expressed its “repudiation of any attempt to alter the democratic institutionality” in relation to the police revolt faced by then-President Rafael Correa on September 30. (I)