OAS Secretary General, Luis Almagro, participated in the 141st Plenary Session of the European Commission for Democracy through Law (Venice Commission), held in Venice, Italy, on December 6 – 7, 2024.
The Commission considered and adopted two items on which the Secretary General had requested analysis:a Final Opinionon possible constitutional and legislative solutions to conduct future electoral processes in Haiti and a Report considering election observers as human rights defenders.
In the case of Haiti, the Commission followed up on its Interim Opinion on the subject adopted in June 2024, and offered a series of recommendations regarding the conditions, mechanisms and steps required for the holding of elections, which should be implemented in phases prior to the constitutional referendum, as well as before and after the next elections. The Venice Commission also reiterated its readiness to assist Haiti, as far as its mandate permits, in preparing the necessary constitutional amendments and electoral legislation, so that they are available when the security environment required for elections is re-established. In his remarks, the Secretary General thanked the Venice Commission for its collaboration in providing the Final Opinion and noted the critical importance of any solution to Haiti's challenges being Haitian-led and Haitian-approved. A high-level delegation from Haiti, led by President-Counsellor Dr. Frinel Joseph, and including Mr. Enex Jean-Charles, President of the Steering Committee of the National Conference, and Mr. Patrick Saint-Hilaire, President of the Provisional Electoral Council, participated in the Plenary in order to receive the Opinion, and exchange views with the authorities.
In the case of the Report on election observers, the Commission found that, in keeping with the broad concept of human rights defenders shared by the United Nations and the Council of Europe, electoral observers can be qualified as human rights defenders, as they safeguard a broad range of fundamental rights, particularly the right to vote and to stand for election, along with civic and political rights, such as freedom of assembly and association; freedom of expression; the right to access information; freedom of movement; the right to freedom from discrimination; and right of access to the courts and to an effective remedy. The Report notes that election observers are entitled to seek protection and advance human rights nationally and internationally, with adequate protection under national law, both independently and collaboratively. It also called on States to include in their national legislative framework protections and guarantees of the rights of both national and international observers as well as partisan electoral observers.
In accepting the Report on behalf of the organization, Director of the OAS Department of Electoral Cooperation and Observation, Gerardo de Icaza, thanked the Commission and the Rapporteurs for their work. He noted that the Report transcends European borders as it touches on issues affecting all regions of the world and provides a roadmap to the rights enjoyed by observers as well as the duties that are owed to them by states.
In its deliberations, and in recognition of its positive institutional collaboration with the OAS, the Venice Commission also invited the OAS General Secretariat, through the Department of Electoral Cooperation and Observation (DECO), to become an observer member to the Commission's Council for Democratic Elections. The Council for Democratic Elections is the only tripartite body of the Council of Europe, comprising members of the Venice Commission, the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe. It examines all opinions and documents of a general nature in the field of elections and political parties before they are submitted for adoption to the Venice Commission.
Reference: E-096/24
