ARGENTINA

CASE N° ARG/20 - Ramón Eduardo Saadi
CASE N° ARG/21 - Carlos Angel Pavicich
CASE N° ARG/22 - Ms. Olinda Montenegro
CASE N° ARG/23 - Carlos Lorenzo Tomasella
CASE N° ARG/24 - Nicolás Alfredo Garay

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of Mr. Ramón Eduardo Saadi, Mr. Carlos Angel Pavicich, Ms. Olinda Montenegro, Mr. Carlos Lorenzo Tomasella and Mr. Nicolás Alfredo Garay of Argentina, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)­R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Taking account of the observations and information provided by Mr. Saadi on 4 October 2000, by Mr. Tomasella on 26 August and 1 September 2000, and by the President of the Chaco Provincial Assembly and the Governor of Chaco on 11 October 2000,

Recalling that all the persons concerned claim to have been elected or designated in keeping with the national law to occupy one of the three seats in the Senate of the Nation allocated by the Constitution to each province; that, however, they have been prevented from taking their seats, the Senate either giving the seat to another person or leaving it vacant; they claim that the Senate's failure to incorporate them constitutes both a violation of their political rights and a violation of the right of their electorate to be represented by persons of their choice,

Recalling furthermore that Mr. Pavicich and Ms. Montenegro referred their case to the Inter-American Commission on Human Rights, which, in November 1999, declared it admissible and placed “itself at the disposal of the parties for the purpose of reaching an amicable settlement”; that Mr. Saadi also submitted a petition to the Inter-American Commission on Human Rights, receipt of which was acknowledged by the Commission on 7 April 1998 and consideration of which is still pending,

Considering that, in February 1999, Mr. Tomasella also referred his case to the Inter-American Commission on Human Rights,

Considering that, on 19 January 2000, responding to the invitation of the Inter-American Commission on Human Rights, Mr. Pavicich and Ms. Montenegro informed the Commission of their acceptance of that invitation; however, according to the President of the Chaco Provincial Assembly and the Governor of Chaco Province, the Senate has failed to act upon the Commission's invitation,

Recalling that the Argentine delegation to the 103rd IPU Conference (April/May 2000) requested the Committee to postpone the hearing which had already been scheduled since “new institutional situations were expected which could improve the level of consensus” and to hold a hearing instead on the occasion of the 104^th Conference,

Considering that, on 5 July 2000, the President of the Justicialist Party Group in the Senate stated that the dialogue between the two political parties concerned was still under way, although no amicable solution changing the present situation had as yet been found; considering, however, that there are very divergent views regarding the existence of this dialogue,

Noting that, in the absence of any request from the Argentine delegation or interested parties, no hearing on this case was held at the Committee's session in Jakarta,

Recalling finally that Mr. Saadi was elected to the Chamber of Deputies in the 1999 legislative elections and sworn in, without any comment or challenge, on 10 December 1999; since “the National Constitution contains no provision for different treatment of the members of the two Chambers in terms of qualifications and rights, conditions of eligibility and grounds for disqualification”, he requested the Inter-Parliamentary Union to demand his immediate incorporation into the Senate; considering that he reiterated this request, adducing as an additional argument his election to the post of President of the Catamarca District Provincial Council of the Justicialist Party,

1. Reaffirms its position that, in deciding on the question of the incorporation in the Senate of the Nation of Mr. Ramón Eduardo Saadi, Mr. Carlos Angel Pavicich and Ms. Olinda Montenegro, and of Mr. Carlos Lorenzo Tomasella and Mr. Nicolás Alfredo Garay, the Senate has not applied consistent criteria when exercising its powers under Article 64 of the Constitution, which stipulates that each Chamber is the judge of the validity of the election and of the rights and qualifications of its members;
2. Deeply regrets that the Senate appears to have taken no steps to remedy this situation, which is detrimental to the stable and consistent application of the law to which the persons concerned are entitled, and urges it to heed the invitation extended to it by the Inter-American Commission on Human Rights with a view to seeking an amicable settlement;
3. Takes note of Mr. Saadi's renewed request that the IPU demand his incorporation into the Senate; notes, however, that no new circumstances have arisen such as to enable it to change its position that it is not competent to make such a demand, since it would be tantamount to ruling on how the Argentine Constitution should be interpreted;
4. Requests the Secretary General to communicate this decision to the new President of the Senate and the President pro tempore of the Senate who assumed office after the October 1999 election, to the sources and to the Inter-American Commission on Human Rights;
5. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 2001).

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