A critical analysis of Resolution 1117/19 of the Organization of American States Permanent Council declaring illegitimate the Presidency of Nicolás Maduro of Venezuela

Abstract

The purpose of this mini-dissertation is to critically analyse Resolution 1117/19 issued by the Permanent Council of the Organization of American States (OAS) on 10 January 2019, in which it declared illegitimate the second presidential term of Nicolás Maduro, the President of Venezuela. The decision of the OAS Permanent Council merits attention as it represents a significant development for the role of the OAS in the protection of democracy in Latin America and for the application of the InterAmerican Democratic Charter, 2001. This study involves an interdisciplinary approach to desktop research, drawing from the disciplines of both law and political philosophy. Through the lens of political legitimacy theory this study considers two justifications underpinning OAS Resolution 1117/19. Each justification is rooted in a legal framework. The basis of the first justification is the Inter-American Democratic Charter, and the second is the Constitution of the Bolivarian Republic of Venezuela, 1999. Pursuant to the analysis of these justifications, this study examines the implications emanating from Resolution 1117/19 within the context of the OAS. Based on the justifications and implications of Resolution 11117/19, this study asserts that democratic governance is an emerging norm for the recognition of governments and that the decision to declare Maduro illegitimate constitutes a positive step in the evolution of the Inter-American system. This study concludes by asserting that the decision of the OAS to issue Resolution 1117/19 has set a formidable precedent for the application of the Democratic Charter going forward.