It's Your Turn
Current Consultations
The Relationship of the Inter-American Democratic Charter to the FTAA
Discussion paper
INTRODUCTION
In October 2002, the Government of Canada issued a response to the Standing Committee on Foreign Affairs and International Trade (SCFAIT) on Strengthening Canada's Economic Links with the Americas in which it pledged, under Recommendation 22, to "… initiate domestic consultations in the coming year to seek views and options to operationalize the relationship between the [Free Trade Area of the Americas] and the [Inter-American Democratic] Charter." The Government of Canada is strongly committed to engaging in public consultations. Encouraging public interest and understanding of international trade is critical to establishing policies that reflect Canada's priorities and interests, and our commitment to fairness, stability and good governance as citizens of the global community. This discussion paper identifies issues and seeks public input for the development of an eventual Canadian proposal intended to give effect to the relationship between the Inter-American Democratic Charter and the FTAA. Note: This paper represents the beginning of what may be a lengthy process and in no way prejudges the eventual expression of the relationship between the Charter and the FTAA in the final FTAA Agreement. The proposed Free Trade Area of the Americas (FTAA) is an integral part of the larger Summit of the Americas process. It was conceived in principle at the inaugural 1994 Summit in Miami and negotiations were launched at the 1998 Santiago Summit. The FTAA is perhaps the most visible element of the Summit process, but its principal objectives of growth and development through enhanced economic integration are ultimately intended to reinforce the Summit's broader objectives, such as strengthening democracy, promoting human rights and finding ways to address a range of social and economic issues through hemispheric cooperation. The FTAA negotiations hold the potential to create the world's largest free trade area, with over 830 million people and a combined Gross Domestic Product (GDP) of C$19.7 trillion. -
Strengthening and further supporting democracy has been both
the fundamental mission of the Organization of American States
(OAS) since its creation and a central pillar of the Summit
of the Americas process since its inception. This commitment
toward democracy was strengthened in April 2001, at the Quebec
City Summit of the Americas, when Leaders endorsed a democracy
clause in the Declaration
of Quebec City (Annex I, hereinafter 'the Declaration')
acknowledging that,
[The] values and practices of democracy are fundamental to the advancement of our objectives. The maintenance and strengthening of the rule of law and strict respect for the democratic system are, at the same time, a goal and a shared commitment and are an essential condition of our presence at this and future Summits. Consequently, any unconstitutional alteration or disruption of the democratic order in a state of the Hemisphere constitutes an insurmountable obstacle to the participation of that state's government in the Summit of the Americas process. Having due regard for existing hemispheric, regional and sub-regional mechanisms, we agree to conduct consultations in the event of a disruption of the democratic system of a country that participates in the Summit process.
Threats to democracy today take many forms. To enhance our ability to respond to these threats, we instruct our Foreign Ministers to prepare, in the framework of the next General Assembly of the OAS, an Inter-American Democratic Charter to reinforce OAS instruments for the active defense of representative democracy.
OAS Ministers adopted the Inter-American Democratic Charter (hereinafter 'the Charter'), to complement the democracy clause, in Lima, Peru, on September 11, 2001. Article 19 of the Charter reflects the language of the Declaration:
Based on the principles of the Charter of the OAS and subject to its norms, and in accordance with the democracy clause contained in the Declaration of Quebec City, an unconstitutional interruption of the democratic order or an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a Member State, constitutes, while it persists, an insurmountable obstacle to its government's participation in sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization, the specialized conferences, the commissions, working groups, and other bodies of the Organizationi.
A description of situations where the Charter has been applied is attached to this document as ANNEX III.
Canada's support and promotion of the democratic process in young and emerging democracies have given it a solid reputation as a country committed to democracy. Canada holds that there is a relationship between the Charter and the FTAA process, in that the mandate by Leaders to develop the Charter flows directly from the democracy clause. At the 7th meeting of the FTAA's Technical Committee on Institutional Issues (TCI) in July 2002, Canada announced its intention to present a proposal that would address the relationship between the FTAA and the Charter.
BACKGROUND
Canada approaches support for democracy principally through the use of constructive engagement and dialogue, consistent with the philosophy underlying Article 26 of the Charter, which notes that "…democracy is a way of life based on liberty and enhancement of economic, social, and cultural conditions for the peoples of the Americas." (See also the June 2003 OAS Declaration of Santiago on Democracy and Public Trust). An FTAA provision giving effect to the relationship between the trade agreement and the Charter would be intended to strengthen and promote democracy while making the linkage to the Charter explicit. The Charter represents an unprecedented commitment that provides for consultation at the highest political level (i.e. Leaders or Ministers) among countries, as well as collective action if necessary, in the event of the disruption of the democratic order in any OAS Member State. It is the most recent high-profile measure taken to further democratic development in the Americas. The Charter also signals the democratic commitment of countries of the Americas, which is reflected in a variety of bilateral and multilateral instruments. In the Americas, the primary instrument in support of the strengthening and preservation of democracy - though not specific to trade issues - is the Charter of the OAS itself. Paragraphs 3 and 4 of the Preamble and Articles 2, 3 and 9 all promote the strengthening and defence of representative democracy (see Annex IV). Resolution 1080 (Annex V) of the OAS, which was adopted June 5, 1991, provides the OAS with procedures that enable it to respond to a disruption of democracy in a Member State. The first link between democracy and a trade agreement in the Americas was made by the Common Market of the South (MERCOSUR), comprised of Argentina, Brazil, Paraguay and Uruguay. The Member States of MERCOSUR used OAS Resolution 1080 as the basis to defend their commitment to democracy during the 1996 attempted coup in Paraguay. Consequently, the Presidential Declaration on the Commitment to Democracy in MERCOSUR (available only in spanish) was adopted on June 25, 1996. This declaration was thereafter developed into their own democracy clause in the Protocol of Ushuaia on Democratic Commitment in MERCOSUR, Bolivia and Chile(available only in spanish) (see Annex VI), which is an integral part of the Treaty of Asunción and of the Integration Agreements signed by MERCOSUR with Bolivia and Chile. Other examples of democracy clauses in the hemisphere include the Andean Community's Commitment to Democracy, signed August 7, 1998ii, and the Summit of the Presidents of South America's Brasilia Communiqué, which was signed September 1, 2000, in which the Presidents of South America reiterated their commitment to representative democracy. See Annexes VII and VIII respectively. -
Agreements between countries in the Americas and the European
Union (EU) and its Member States offer other examples of the
application of "democracy clauses" to trade and economic agreements.
The EU's use of human rights and democracy clauses in its trade
relationships with other states began with the Lomé
IV Convention of 1989. Since then EU practice has evolved,
and clauses establishing respect for human rights and democratic
principles as an "essential" element of the treaty relationship
are standard in EU trade and economic agreements. Such a clause
is found in the EU's agreements with Mexicoii,
Chileiii, MERCOSURiv,
and in the Cotonou Agreementv to
which many Caribbean countries are party (see Annexes IX and
X for the relevant provisions).
The examples above include various instruments and approaches relevant to advancing democratic objectives. There will be many challenges in developing an appropriate way to give effect to the relationship between the FTAA and the Charter and some of these issues that will need to be addressed are outlined below.
ISSUES
What is the relationship between democracy and the FTAA?
In the November 2002 Quito Ministerial Declaration, Trade Ministers of the FTAA member countries recognized "… the significant contribution that economic integration, principally through the FTAA, will make to the attainment of the objectives established in the Summit of the Americas process, including strengthening democracy, creating prosperity and realizing human potential." Similarly, Leaders acknowledged in the Declaration of Quebec City the key role of the FTAA in generating the economic growth and prosperity that will contribute to the achievement of the broad Summit objectives. The link between the FTAA and these broad objectives, including democracy, has thus been made both by trade ministers and Leaders of the Hemisphere; its precise character remains to be worked out. How can the relationship to democracy best be established in the FTAA?
The relationship to democracy could be captured in the final FTAA Agreement in a preambular reference or in a specific section as suggested by Canada in the Proposed Table of Contents presented to the Technical Committee on Institutional Issues in July 2002. Of course, the one does not exclude the other. What would be the consequences of invocation of a democracy provision in the FTAA?
If a democracy provision in the FTAA were to be invoked, should this interrupt trade and economic relations? Should only procedural rights and obligations (e.g., access to dispute settlement) be affected? Should a range of possible consequences be envisaged? Would all parties to the FTAA Agreement be required to act in concert, or could measures be left to the discretion of each party? How can the "promotional" quality of a democracy clause be best preserved? How can account be taken of the likelihood that action in connection with one party would also affect the trade of other parties? Who would determine when there has been a breach?
The OAS already has procedures to address the disruption of democracy in a Member State. Could those procedures be used to give effect to a democracy clause in the FTAA? What safeguards could be established to ensure that a democracy clause would only be used to protect democracy and not lend itself to protectionism or other ends inconsistent with the FTAA? Benefits and obligations of Member States. Would the affected state remain bound to its obligations, but suspended from enjoying its rights as a party?
Is it possible to avoid that an affected state would be released from both its rights and obligations should it experience a disruption of the democratic order? Can the FTAA follow the precedent in Article 21 of the Charter, where the "suspended Member State shall continue to fulfil its obligations to the Organization, in particular its human rights obligations"?
ANNEX I
The 'democracy clause' in the Declaration of Quebec City, April 2001
We acknowledge that the values and practices of democracy are fundamental to the advancement of our objectives. The maintenance and strengthening of the rule of law and strict respect for the democratic system are, at the same time, a goal and a shared commitment and are an essential condition of our presence at this and future Summits. Consequently, any unconstitutional alteration or disruption of the democratic order in a state of the Hemisphere constitutes an insurmountable obstacle to the participation of that state's government in the Summit of the Americas process. Having due regard for Existing hemispheric, regional and sub-regional mechanisms, we agree to conduct consultations in the event of a disruption of the democratic system of a country that participates in the Summit process.
Threats to democracy today take many forms. To enhance our ability to respond to these threats, we instruct our Foreign Ministers to prepare, in the framework of the next General Assembly of the OAS, an Inter-American Democratic Charter to reinforce OAS instruments for the active defense of representative democracy.**
ANNEX II
The Inter-American Democratic Charter, September 2001
Chapter IV: Strengthening and Preservation of Democratic Institutions
Article 17
When the government of a Member State considers that its democratic political institutional process or its legitimate exercise of power is at risk, it may request assistance from the Secretary General or the Permanent Council for the strengthening and preservation of its democratic system.
Article 18
When situations arise in a Member State that may affect the development of its democratic political institutional process or the legitimate exercise of power, the Secretary General or the Permanent Council may, with prior consent of the government concerned, arrange for visits or other actions in order to analyze the situation. The Secretary General will submit a report to the Permanent Council which will undertake a collective assessment of the situation and, where necessary, may adopt decisions for the preservation of the democratic system and its strengthening.
Article 19
Based on the principles of the Charter of the OAS and subject to its norms, and in accordance with the democracy clause contained in the Declaration of Quebec City, an unconstitutional interruption of the democratic order or an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a Member State, constitutes, while it persists, an insurmountable obstacle to its government's participation in sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization, the specialized conference, the commissions, working groups, and other bodies of the Organization.
Article 20
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.
Article 21
When the special session of the General Assembly determines that there has been an unconstitutional interruption of the democratic order of a Member State, and that diplomatic initiatives have failed, the special session shall take the decision to suspend said Member State from the exercise of its right to participate in the OAS by an affirmative vote of two thirds of the Member States in accordance with the Charter of the OAS. The suspension shall take effect immediately.
The suspended Member State shall continue to fulfil its obligations to the Organization, in particular its human rights obligations.
Notwithstanding the suspension of the Member State, the Organization will maintain diplomatic initiatives to restore democracy in that state.
Article 22
Once the situation that led to suspension has been resolved, any Member State or the Secretary general may propose to the General Assembly that suspension be lifted. This decision shall require the vote of two thirds of the Member States in accordance with the OAS Charter.
ANNEX III
Application of the Inter-American Democratic Charter To Date
The Charter was invoked for the first time on April 13, 2002, in response to an alteration of constitutional order in Venezuela. A Special Session of the Permanent Council met and adopted Resolution 811, which invoked Article 20 of the Charter, calling for a Special Session of the General Assembly to meet on April 18 and to adopt any necessary decisions arising from the Secretary General's Mission to Venezuela. The Special Session of the General Assembly adopted a resolution which called for the continued application of the Charter in the Hemisphere and supported the visit of the Inter-American Commission on Human Rights to Venezuela. It also encouraged the Government of Venezuela to uphold the essential elements of democracy as outlined in Articles 3 and 4 of the Charter. The resolution also instructed the Permanent Council of the OAS to report on the situation in Venezuela at the OAS General Assembly in Barbados.
On an earlier occasion, invocation of the Charter was considered at a Special Session of the Permanent Council on January 15, 2002, in response to the deteriorating situation in Haiti. In the end, the Permanent Council decided not to invoke the Charter. Instead, they adopted Resolution 806, which called upon the OAS to deploy a new OAS mission to Haiti with a stronger mandate, one that included the participation of the Inter-American Commission on Human Rights.
During a Special Session of the Permanent Council on September 25, 2002, the resolution entitled, "Support for Nicaragua in the Fight Against Corruption," marked the first time the Charter had been specifically invoked by a Member State for use in its own case.
ANNEX IV
Charter of the OAS
PREAMBLE
Convinced that representative democracy is an indispensable condition for the stability, peace and development of the region; Confident that the true significance of American solidarity and good neighbourliness can only mean the consolidation on this continent, within the framework of democratic institutions, of a system of individual liberty and social justice based on respect for the essential rights of man;
ARTICLE 2
The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes:
To strengthen the peace and security of the continent; To promote and consolidate representative democracy, with due respect for the principle of non-intervention; To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States; To provide for common action on the part of those States in the event of aggression; To seek the solution of political, juridical, and economic problems that may arise among them; To promote, by cooperative action, their economic, social, and cultural development; To eradicate extreme poverty, which constitutes an obstacle to the full democratic development of the peoples of the hemisphere; and To achieve an effective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the Member States.
ARTICLE 3
The American States reaffirm the following principles:
International law is the standard of conduct of States in their reciprocal relations; International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law; Good faith shall govern the relations between States; The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy; Every State has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State. Subject to the foregoing, the American States shall cooperate fully among themselves, independently of the nature of their political, economic, and social systems; The elimination of extreme poverty is an essential part of the promotion and consolidation of representative democracy and is the common and shared responsibility of the American States; The American States condemn war of aggression: victory does not give rights; An act of aggression against one American State is an act of aggression against all the other American States; Controversies of an international character arising between two or more American States shall be settled by peaceful procedures; Social justice and social security are bases of lasting peace; Economic cooperation is essential to the common welfare and prosperity of the peoples of the continent; The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex; The spiritual unity of the continent is based on respect for the cultural values of the American countries and requires their close cooperation for the high purposes of civilization; The education of peoples should be directed toward justice, freedom, and peace.
ARTICLE 9
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.
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; 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; The suspension shall take effect immediately following its approval by the General Assembly; The suspension notwithstanding, the Organization shall endeavour to undertake additional diplomatic initiatives to contribute to the re-establishment of representative democracy in the affected Member State; The Member which has been subject to suspension shall continue to fulfill its obligations to the Organization; The General Assembly may lift the suspension by a decision adopted with the approval of two-thirds of the Member States; The powers referred to in this article shall be exercised in accordance with this Charter.
ANNEX V
OAS Resolution 1080 - Representative Democracy, June 1991
THE GENERAL ASSEMBLY
RESOLVES:
To instruct the Secretary General to call for the immediate convocation of a meeting of the Permanent Council in the event of any occurrences giving rise to the sudden or irregular interruption of the democratic political institutional process or of the legitimate exercise of power by the democratically elected government in any of the Organization's Member States, in order, within the framework of the Charter, to examine the situation, decide on and convene an ad hoc meeting of the Ministers of Foreign Affairs, or a special session of the General Assembly, all of which must take place within a ten-day period. To state that the purpose of the ad hoc meeting of Ministers of Foreign Affairs or the special session of the General Assembly shall be to look into the events collectively and adopt any decisions deemed appropriate, in accordance with the Charter and international law. To instruct the Permanent Council to devise a set of proposals that will serve as incentives to preserve and strengthen democratic systems, based on international solidarity and cooperation, and to apprise the General Assembly thereof at its twenty-second regular session.
ANNEX VI
The Ushuaia Protocol on Democratic Commitment in MERCOSUR, July 1998viii
The Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Oriental Republic of Uruguay, States Parties of Mercosur, and the Republic of Bolivia and the Republic of Chile, hereinafter called the States Parties of this Protocol,
REAFFIRMING the principles and objectives of the Treaty of Asunción and its Protocols, and of the integration agreements concluded between MERCOSUR and the Republic of Bolivia and between MERCOSUR and the Republic of Chile,
REITERATING the terms of the Presidential Declaration of Las Leñas of June 27, 1992, to the effect that the full implementation of democratic institutions is essential to the existence and development of MERCOSUR,
CONFIRMING the Presidential Declaration on the Commitment to Democracy in MERCOSUR and the Protocol of Adherence to this Declaration by the Republic of Bolivia and the Republic of Chile,
AGREE AS FOLLOWS:
ARTICLE 1
The full implementation of democratic institutions is essential to the pursuit of the integration processes between the States Parties of this Protocol.
ARTICLE 2
This Protocol will apply to the relations that result from the current integration agreements between the States Parties hereto, if the democratic order is breached in any of them.
ARTICLE 3
Any breach of the democratic order in a State Party hereto will lead to the application of the procedures provided in the following articles.
ARTICLE 4
If the democratic order is breached in a State Party hereto, the other States Parties shall consult among themselves and with the state concerned.
ARTICLE 5
If the consultations mentioned in the previous article are not successful, the other States Parties hereto, as appropriate according to the integration agreements between them, shall consider the nature and scope of the measures to take, in view of the gravity of the existing situation.
These measures will range from suspension of the right to participate in the various bodies of the respective integration processes to suspension of the rights and obligations arising therefrom.
ARTICLE 6
The measures provided in article 5 above will be adopted by consensus of the States Parties hereto, as appropriate according to the integration agreements between them, and communicated to the state concerned, which will not participate in the decision-making process. These measures will take effect on the date on which they are communicated.
ARTICLE 7
The measures to which article 5 refers and that apply to the affected State Party shall cease as of the date on which the states that adopted said measures communicate to the state in question that they have verified that the democratic order has been fully restored, and the states should so communicate as soon as the democratic order is actually restored.
ARTICLE 8
This Protocol is an integral part of the Treaty of Asunción and of the respective integration agreements concluded between MERCOSUR and the Republic of Bolivia, and MERCOSUR and the Republic of Chile.
ARTICLE 9
This Protocol will apply to integration agreements concluded in future between MERCOSUR and Bolivia, MERCOSUR and Chile, and between the six States Parties hereto, and these instruments must expressly state this fact.
ARTICLE 10
This Protocol shall take effect for the States Parties of MERCOSUR thirty days after the fourth ratification instrument is deposited with the Government of the Republic of Paraguay.
This Protocol shall take effect for the States Parties of MERCOSUR and the Republic of Bolivia or the Republic of Chile, as the case may be, thirty days after the office of the Secretary General of the Latin American Integration Association (LAIA) has informed the other five signatories that the internal procedures have been completed in these parties for the inclusion of the Protocol in the respective national legislation.
SIGNED in Ushuaia, Argentina, on July 24, 1998, in three original copies, in Spanish and Portuguese, all texts being equally authentic.
ANNEX VII
The Andean Community's Commitment to Democracy, August 1998
The Andean Community is a community of democratic nations. The full validity for democracy has been an essential condition for political dialogue and cooperation, foundations of the economic, social and cultural integration process within the framework of the Agreement of Cartagena and the other instruments that make up the Andean Integration System. The Andean Community has among its main objectives the development and consolidation of democracy and the Rule of Law, as well as the respect for human rights and fundamental freedoms. Based on the foregoing, they agree to: Instruct the Andean Council of Ministers of Foreign Affairs to prepare, before the end of the year, a draft of an Additional Protocol to the Agreement of Cartagena, that establishes measures to be adopted by the countries upon an eventual rupture of the democratic order in a Member Country.
Note: This provision is extracted from the Declaration of the Andean Presidential Council on Democracy and Integration and was signed in Santafé de Bogota, August 7, 1998, by the leaders of Bolivia, Colombia, Ecuador, Venezuela and Peru.
ANNEX VIII
Summit of South American Leaders, Brasilia Communiqué, September 2000
The Heads of State stressed the importance of MERCOSUR, Bolivia and Chile's "democratic commitment" formalized by the Ushuaia Protocol of July 1998 and by the Additional Protocol to the Cartagena Accord on the "Andean Community's Commitment to Democracy." These are two additional guarantees of political stability and institutional continuity in South America. Inspired by these precedents, the Presidents agreed that maintenance of the rule of law and strict respect for the democratic system in each of the twelve countries of the region are at once a goal and a shared commitment and are henceforth a condition for participation in future South American meetings. Having due regard for existing regional mechanisms, the Presidents agreed to conduct political consultations in the event of a threat of disruption of the democratic system in South America.
ANNEX IX
Interim Agreement on Trade and Trade-Related Matters between the European Community, of the One Part, and the United Mexican States, of the Other Part
Article 1
Basis of the Agreement
Respect for democratic principles and fundamental human rights proclaimed by the Universal Declaration for Human Rights, underpins the domestic and external policies of both Parties and constitutes an essential element of this Agreement.
ANNEX X
Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States on the One Part and the European Community and its Member States, of the Other Part
ARTICLE 9
Essential Elements and Fundamental Element
Respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties and constitute the essential elements of this Agreement.
ARTICLE 96
Essential elements: consultation procedure and appropriate measures as regards human rights, democratic principles and the rule of law
ACP/CE/en 119
If, despite the political dialogue conducted regularly between the Parties, a Party considers that the other Party has failed to fulfil an obligation stemming from respect for human rights, democratic principles and the rule of law referred to in paragraph 2 of Article 9, it shall, except in cases of special urgency, supply the other Party and the Council of Ministers with the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. To this end, it shall invite the other Party to hold consultations that focus on the measures taken or to be taken by the Party concerned to remedy the situation. The consultations shall be conducted at the level and in the form considered most appropriate for finding a solution. The consultations shall begin no later than 15 days after the invitation and shall continue for a period established by mutual agreement, depending on the nature and gravity of the violation. In any case, the consultations shall last no longer than 60 days. If the consultations do not lead to a solution acceptable to both Parties, if consultation is refused, or in cases of special urgency, appropriate measures may be taken. These measures shall be revoked as soon as the reasons for taking them have disappeared. The term "cases of special urgency" shall refer to exceptional cases of particularly serious and flagrant violation of one of the essential elements referred to in paragraph 2 of Article 9, that require an immediate reaction. The Party resorting to the special urgency procedure shall inform the other Party and the Council of Ministers separately of the fact unless it does not have time to do so. The "appropriate measures" referred to in this Article are measures taken in accordance with international law, and proportional to the violation. In the selection of these measures, priority must be given to those which least disrupt the application of this agreement. It is understood that suspension would be a measure of last resort.
If measures are taken in cases of special urgency, they shall be immediately notified to the other Party and the Council of Ministers. At the request of the Party concerned, consultations may then be called in order to examine the situation thoroughly and, if possible, find solutions. These consultations shall be conducted according to the arrangements set out in the second and third subparagraphs of paragraph (a).
** Venezuela reserves its position.
i Article 19 can be found in Chapter IV of the Charter, Strengthening and Preservation of Democratic Institutions, which has been included to this document as Annex II.
ii The Andean Community has subsequently concluded an Additional Protocol to the Cartagena Agreement "Andean Community Commitment to Democracy" in June 2000. However, this protocol is awaiting ratification by the Congresses of Bolivia, Colombia, Ecuador, Peru and Venezuela before it will enter into effect.
iii Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and the United Mexican States.
The Agreement Establishing an Association between the European Community and the Republic of Chile.
iv Interregional Framework Cooperation Agreement between the European Community and its Members States, of one Part, and the Southern Common Market and its Party States, of the other Part.
v The Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States on the One Part and the European Community and its Members States, of the Other Part.
vi Venezuela reserves its position.
vii Note: Unofficial translation by the Government of Canada.
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