Directs the Secretary of State to: (1) withhold 20% of U.S. assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting at which Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and (2) resume making such contributions upon the invocation of Article 20 and the discussion of Venezuela's violation of the Inter-American Democratic Charter at a meeting of the Permanent Council of the OAS.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2542 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2542
To withhold twenty percent of United States assessed and voluntary
contributions to the Organization of American States (OAS) for every
permanent council meeting that takes place where Article 20 of the
Inter-American Charter is not invoked with regard to Venezuela's recent
constitutional reforms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2011
Mr. Mack (for himself, Mr. Diaz-Balart, and Mr. Sires) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To withhold twenty percent of United States assessed and voluntary
contributions to the Organization of American States (OAS) for every
permanent council meeting that takes place where Article 20 of the
Inter-American Charter is not invoked with regard to Venezuela's recent
constitutional reforms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Article 3 of the Inter-American Democratic Charter of
the Organization of American States (OAS) states that,
``Essential elements of representative democracy include, inter
alia, respect for human rights and fundamental freedoms, access
to and the exercise of power in accordance with the rule of
law, the holding of periodic, free, and fair elections based on
secret balloting and universal suffrage as an expression of the
sovereignty of the people, the pluralistic system of political
parties and organizations, and the separation of powers and
independence of the branches of government.''.
(2) Article 4 of the Inter-American Democratic Charter
states that ``Transparency in government activities, probity,
responsible public administration on the part of governments,
respect for social rights, and freedom of expression and of the
press are essential components of the exercise of democracy.
The constitutional subordination of all state institutions to
the legally constituted civilian authority and respect for the
rule of law on the part of all institutions and sectors of
society are equally essential to democracy.''.
(3) Article 20 of the Inter-American Democratic Charter
states that ``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.''.
(4) In December 2010, Venezuela's President, Hugo Chavez,
in coordination with a pliant legislature, passed a package of
laws, including the Enabling Act or Enabling Law, which
fundamentally altered the Venezuelan Constitution.
(5) As a result of the legislation, essential freedoms are
impaired, including the freedom of speech through restrictions
on the internet and television, a breakdown in strong,
independent, and pluralistic political parties through
electoral reform that expels from parliament politicians who
change parties, vote against certain legislation, or align with
ideologically opposed ideas or people, separation of powers and
subordination of the state to the people through the removal of
the municipal and regional governments' constitutional mandate,
and fundamentally altering the ability of the people to govern
themselves, in addition to the president's ability to rule by
decree for eighteen months in nine broad areas such as social,
economic, territorial, and national security, and respect for
social rights through changes to the education sector by
controlling curriculum and ideology in universities.
(6) The package of laws, including the Enabling Act,
therefore violate essential elements of the exercise of
democracy as stated in Articles 3 and 4 of the Inter-American
Democratic Charter.
(7) Secretary General Jose Miguel Insulza stated in an
interview with Associated Press that he believed the Enabling
Act in Venezuela was ``anti-democratic, unconstitutional and a
violation of the Inter-American Charter,''.
(8) Assistant Secretary of State for the Western
Hemisphere, Arturo Valenzuela, reiterated the description of
the Enabling Law as ``undemocratic''.
(9) The most recent Worldwide Threat Assessment by the
Director of National Intelligence found that ``at the end of
the legislature's lame duck term, Chavez and his allies passed
legislation that gives more resources to his loyal community
councils, allowing Chavez to claim that he is both bolstering
participatory democracy and creating new means of funneling
resources to supporters.''.
(10) According to the Inter-American Democratic Charter,
invocation of Article 20 may be made by the Secretary General
or any member state of the Organization of the American States
in the event of an unconstitutional alteration of the
constitutional regime that seriously impairs the democratic
order in a member state.
(11) Also, according to the Inter-American Democratic
Charter, invocation of Article 20 signifies the calling of the
Permanent Council to determine next steps, through diplomatic
initiatives, to foster the restoration of democracy in a member
state. If such initiatives fail to restore democracy, Article
21 is employed to call a special session of the General
Assembly in order to take the decision to suspend such 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.
SEC. 2. INVOCATION OF ARTICLE 20 OF THE INTER-AMERICAN DEMOCRATIC
CHARTER.
(a) Withholding of Contributions.--For every Permanent Council
meeting of the Organization of American States (OAS) that, beginning
after the date of the enactment of this Act, meets without the
invocation of Article 20 of the Inter-American Democratic Charter and
the ensuing discussion with regard to Venezuela's violation of such
Charter, as guaranteed in such Charter, the Secretary of State shall
withhold 20 percent of assessed and voluntary United States
contributions to the OAS for the fiscal year in which each such meeting
begins (or, if 20 percent is not available for withholding in such
fiscal year, the Secretary shall withhold the highest percentage
possible in such fiscal year and the remaining percentage in the
subsequent fiscal year).
(b) Resumption of Contributions.--The Secretary of State shall
resume making assessed and voluntary United States contributions to the
OAS upon the invocation of Article 20 and the discussion of Venezuela's
violation of the Inter-American Democratic Charter at a meeting of the
Permanent Council.
(c) Deficit Reduction.--Amounts withheld pursuant to subsection (a)
shall be applied to reduce the Federal budget deficit, or, for any
fiscal year for which there is no Federal budget deficit, to reduce the
Federal debt.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on the Western Hemisphere.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 6 - 1.
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