21st CONFERENCE ASSOCIATION OF ELECTORAL ORGANIZATIONS OF CENTRAL AMERICA AND THE CARIBBEAN (Tikal Protocol) 25 and 26 June, 2007 As delegates representing the electoral organizations in Antigua and Barbuda, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Nicaragua, Panama and Saint Lucia, meeting together for the 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean, in San Salvador, El Salvador from June 25 to 26, 2007, in our capacity a members of the Tikal Protocol, Reaffirming our faith in democracy as the system that, based on the indispensable foundation of elections, allows peoples and individuals to fully exercise and enjoy their civil and political, economic, social and cultural rights, and following our deliberations, WE AGREE 1. To approve the Progress Report submitted by the Executive Secretariat for the period from September 2006 through May 2007. 2. To reassert that the Association has become a dynamic mechanism of communication for developing horizontal cooperation among the electoral organizations; it has contributed visibly to the political processes of democratization in Central America and the Caribbean and has wrought a significant increase in the training of mid-level managers and electoral officials, creating specialized knowledge in the technical field of elections. 3. To note that the member organizations of the Association have renewed our commitment to contribute to the database of jurisprudence and have instructed the Executive Secretariat to continue its work in this area so as to support and reinforce this facet of electoral activity; and to recognize that this was a key factor in moving closer to our vision of having a practical tool to guide 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 better decision-making through comparative experiences. The best evidence of this was the decision by the host organization of this Conference to present a detailed analysis of the scope of electoral jurisprudence and of other relevant decisions in the region, as well as the substantial contributions made by other members of the Association to the invaluable exchange of ideas and the presentation of highly relevant topics in this field. 4. To emphasize that, regardless of the conceptual scope of the term "electoral jurisprudence," the electoral organizations of the region, in the exercise of their constitutional and legal responsibilities, produce a rich body of specialized doctrine through their jurisdictional rulings and other decisions or pronouncements of a general character. Moreover, relevant international rulings on issues related to democracy and political rights are also taken into consideration as a source of reference material. 5. To clarify that, in addition to specific topics readily addressed through a database resulting from documentation of electoral jurisprudence, such as principles of electoral interpretation, fundamental electoral rights, the electoral process, administrative electoral bodies, electoral justice, political parties, political financing, the electoral system, mechanisms of direct democracy, and special forms of voting, participation and representation, it is important to learn about progress being made in other countries of the region in such specialized fields as the regulation of campaign advertising by electoral organizations as a means to assure political equality, or cases of electoral crimes or offenses. Accordingly, we instruct the Executive Secretariat to produce a comparative table of electoral sanctions by topic, including judicial convictions handed down by electoral organizations entrusted with this jurisdiction, for the purpose of exchanging opinions on the effectiveness of this system of sanctions. 6. To congratulate the Executive Secretariat for its efforts to foster working meetings with the participation of the electoral organizations of the Tikal Protocol and UNIORE as a place to begin conceptualizing the notion of electoral jurisprudence and designing criteria for establishing it formally. For this purpose, the members of the Association undertake to study and expand these criteria and contribute to the database that will evolve through the application of this project for academic research and promotion of political rights. 7. To instruct the Executive Secretariat to develop suitable follow-up mechanisms, with the participation of electoral organizations that are members of the Association, for implementing the project on documentation of electoral jurisprudence. 8. To take note of progress that the electoral organizations of the region have made in jurisprudential and technical responses to such areas as political participation and inclusion, rulings handed 2 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 down within the structure of parliamentary systems, regulation and internal democratization of parties, electoral processes with close outcomes, regulations on opinion polls and the media. 9. To urge the countries to consolidate and develop initiatives for encouraging political participation by women, regardless of the type or degree of mechanisms used in each country for the registration of candidates; and to suggest that "political participation by women in Central America and the Caribbean" be adopted as the theme of the 22nd Conference of the Association. 10. To take note that many initiatives were undertaken in the Americas during the year 2007 in the field of vital statistics and electoral rolls, and to explore the possibility of addressing this matter comprehensively and systematically in future activities under the Tikal Protocol. 11. To salute the Tribunal Electoral of Panama for its contribution to disseminating information on political and electoral conditions in the member countries through the Servicio Internacional de Noticias Electorales (SINE), and to urge the member organizations to draw on this source of information, available in both Spanish and English. 12. To accept the generous offer of Nicaragua's Consejo Supremo Electoral to sponsor the 22nd Conference of the Association of Electoral Organizations of Central America and the Caribbean in 2008. Moreover, to accept the proposal by the Costa Rican Tribunal Supremo de Elecciones to host the 23rd Conference of the Tikal Protocol in 2009. CONGRATULATIONS AND ACKNOWLEDGEMENTS The Conference: Expresses its gratitude to the Tribunal Supremo Electoral of the Republic of El Salvador, its President Walter Araujo and its judges, for their diligent organizational work and for the generous and warm hospitality they have extended to participating delegations, speakers and special guests. Extends its recognition of staff members of the Tribunal Supremo Electoral and the organizing committee for the excellent, efficient organization of this 21st Conference. Unanimously thanks Carlos Urruty for his masterly dissertation "The role of the judge in building and consolidating democracy" and Fernando Ojesto and Fernando Tuesta for their excellent 3 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 presentations on a variety of topics associated with electoral jurisprudence and other relevant decisions and rulings. Thanks the Inter-American Institute of Human Rights (IIHR), through its Center for Electoral Promotion and Assistance (CAPEL), which serves as Executive Secretariat of the Association of Electoral Organizations of Central America and the Caribbean, Executive Director Roberto Cuéllar, CAPEL Director José Thompson and staff for the work they have done to strengthen the Association and for their support of the Tribunal Supremo Electoral of El Salvador in holding this conference. Done in the city of San Salvador, El Salvador, June 26, 2007. For the Tribunal Supremo Electoral of El Salvador Walter Araujo Morales President Eugenio Chicas Martínez Judge Julio E. Moreno Niños Judge Eduardo Antonio Urquilla Judge Mario Salamanca Burgos Judge Francisco Edgardo Monge 4 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 Alternate Judge Tribunal Supremo Electoral Silvia Idalia Cartagena Martínez Alternate Judge Tribunal Supremo Electoral Oscar Morales Alternate Judge Tribunal Supremo Electoral Carlos Mauricio Molina Fonseca Alternate Judge Tribunal Supremo Electoral José Antonio Hernández Alternate Judge Tribunal Supremo Electoral For the Electoral Commission of Antigua and Barbuda Nathaniel James Deputy Chairman Lorna E. Simon Supervisor of Elections 5 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 For the Tribunal Supremo de Elecciones of Costa Rica Luis Antonio Sobrado González President Zetty Bou Valverde Judge For the Tribunal Supremo Electoral of Guatemala Oscar Edmundo Bolaños Parada President Dinorah Recinos Cueto de Roche Alternate Judge For the Tribunal Nacional de Elecciones of Honduras Augusto Aguilar Judge For the Electoral Advisory Commission of Jamaica 6 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 Orrette Fisher Assistant Director-Administration Pauline Welsh Trainer and Research Officer For the Consejo Supremo Electoral of Nicaragua Roberto Rivas Reyes President José Luis Villavicencio Judge Rodrigo Barreto Chief of Protocol For the Tribunal Electoral of Panama Erasmo Pinilla President Yara Campo Alternate Judge 7 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007 For the Junta Central Electoral of the Dominican Republic Aura Celeste Fernández Judge Leyda Margarita del Socorro Piña Medrano Judge For the Electoral Office of Saint Lucia Claudius Francis Member Carson Raggie Chief Elections Officer For the Executive Secretariat IIHR/CAPEL José Thompson Director 8 21st Conference of the Association of Electoral Organizations of Central America and the Caribbean TIKAL PROTOCOL San Salvador, El Salvador, June 25 and 26, 2007