HRF Urges OAS Action on Violations of Legislative Independence in Bolivia, Ecuador and Venezuela

NEW YORK (February 26, 2009) — The Human Rights Foundation (HRF) published today its fourth letter to Jose Miguel Insulza, Secretary General of the Organization of American States (OAS). Entitled “Closing Congress: Submission of the Legislative Power to the Executive in Bolivia, Ecuador, and Venezuela,” the letter and its legal analysis enumerate attacks that have severely eroded the independence of national legislatures, and denounces Insulza’s inaction to these assaults on democracy.

“The separation of powers and the existence of a pluralistic system of political parties are enshrined in Article 3 of the Inter-American Democratic Charter, an international instrument to which the Secretary General is bound by duty to enforce,” stated HRF’s Howard J. Bender. “It is a scandal that, despite this clear mandate, Mr. Insulza has failed to address the fact that the presidents of Bolivia, Ecuador, and Venezuela and their supporters have openly assaulted independent legislatures, forcing them to become, in essence, puppets to the executive will,” said Bender.

In Bolivia, President Morales’s followers have taken to encircling government buildings, thereby creating a physical barricade preventing opposition congressmen from voting on measures championed by the executive. In February 2008, for example, these popular movements prevented several congressmen from entering a congressional voting session on the terms of a referendum on the new Constitution proposed by the president. Three congresswomen were assaulted in the melee.

In Ecuador, after a national vote decided that the Constituent Assembly, created to write a new constitution, would be comprised of a majority of members from President Correa’s party, the president declared: “It’s very difficult to deal with Congress and I believe that the Ecuadorean people’s statement was resounding: Congress must go home.” The Constituent Assembly dissolved the opposition-controlled Congress in November 2007, and legislative powers have remained, for the most part, in the hands of the president’s party.

In Venezuela, the National Assembly (controlled by the president’s party) granted law-making powers to President Chavez in January 2007. Subsequently, Chavez passed 41 decrees that allowed the executive to control key sectors of the economy and to transform government institutions. In November 2000, he was granted a similar legislative power that allowed him to issue 49 decrees with the force of law. 

In the letter, HRF requests, once again, that Insulza activate the Democratic Clause against the countries committing these violations, citing the crucial role that a pluralistic system of political parties, separation of powers, and independent branches of the government play in the maintenance of democracy and respect for human rights. “These measures help ensure that wide-ranging sectors of society have a say in government and that decision-making isn’t concentrated in the hands of one individual or one group of individuals. We call on Mr. Insulza to take action against governments that are attacking democracy. His political reputation is not the only thing at stake; the freedom and livelihood of millions of Americans are also on the line,” said Bender.

“The Inter-American Democratic Charter and Mr. Insulza” project consists of monthly digests to Secretary General Insulza detailing violations of human rights and essential elements of democracy in the continent, with the hope that he will fulfill his obligation and implement the Democratic Clause in defense of democracy and human rights in the Americas.

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 does not support nor condone violence. 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 February 26, 2009 letter sent by HRF to Secretary General Insulza here.

Contact: Howard J. Bender, Human Rights Foundation, (212) 246.8486, info@thehrf.org

Contact: José Miguel Insulza, Organization of American States, (202) 458-6836, jinsulza@oas.org