UNASUR Constitutive Treaty

Last updated

Constitutive Treaty
Treaty establishing the Union of South American Nations
SignedMay 23, 2008
Location Brasília, Brazil
EffectiveMarch 11, 2011
ConditionRatified by 12 Member States
Signatories12
Parties
12
DepositaryGovernment of Ecuador
Languages Dutch, English, Portuguese and Spanish
Full text
Wikisource-logo.svg Constitutive Treaty of the Union of South American Nations at Wikisource

The UNASUR Constitutive Treaty, officially the Constitutive Treaty of the Union of South American Nations, was signed on May 23, 2008 during the extraordinary summit of heads of state and government of the Union of South American Nations (UNASUR) held in Brasília, Brazil. [1] It officially established the Union of South American Nations, an intergovernmental continental union of all twelve South American nations.

Contents

Signatories

The twelve signatory states of the UNASUR Constitutive Treaty. UNASUR ratification map.png
The twelve signatory states of the UNASUR Constitutive Treaty.
On behalf ofSigned byRatifiedDate of ratification
Flag of Argentina.svg  Argentina Cristina Kirchner Yes check.svg  Yes2 August 2010 [2]
Bandera de Bolivia (Estado).svg  Bolivia Evo Morales Yes check.svg  Yes11 March 2009 [3]
Flag of Brazil.svg  Brazil Luiz Inácio Lula da Silva Yes check.svg  Yes14 July 2011 [4]
Flag of Chile.svg  Chile Michelle Bachelet Yes check.svg  Yes22 November 2010 [5]
Flag of Colombia.svg  Colombia Álvaro Uribe Yes check.svg  Yes28 January 2011 [6]
Flag of Ecuador.svg  Ecuador Rafael Correa Yes check.svg  Yes15 July 2009 [7]
Flag of Guyana.svg  Guyana Bharrat Jagdeo Yes check.svg  Yes12 February 2010 [8]
Flag of Paraguay.svg  Paraguay Nicanor Duarte Yes check.svg  Yes9 June 2011 [9]
Flag of Peru.svg  Peru Alan García Yes check.svg  Yes11 May 2010 [10]
Flag of Suriname.svg  Suriname Ronald Venetiaan Yes check.svg  Yes5 November 2010 [11]
Flag of Uruguay.svg  Uruguay Rodolfo Nin Novoa Yes check.svg  Yes9 February 2011 [12]
Flag of Venezuela.svg  Venezuela Hugo Chávez Yes check.svg  Yes13 March 2010 [13]

Ratification

The Constitutive Treaty of the Union of South American Nations came into force on March 11, 2011, [14] thirty days after the date of receipt [15] of the ninth instrument of ratification. [16]

Treaty content

The treaty consists of 27 relatively short sections, and is the constitution of the new union. It outlines its structure and organs, and assumes that additional documents fill in the details.

Summary

The treaty declares the establishment and objects of the Union (in §§ 1-3), its organs (§§ 4-10 and 17), juridical foundation (§§ 11-13 and 22-27), and financial foundation (§ 16). It regulates the acceptance of new associate or full members and the right of cessation from the union in §§ 19, 20, 24, and 26, and the rules for adopting amendments to the treaty in § 25. Finally, §§ 14, 15, 18, and 21 declare the intent to employ dialogue among the member states, with its citizens, with third parties, and as the means for conflict resolution.

Membership

The 12 original signatories of the document have presented documentation of ratification to the Ecuadorian government. Other Latin American and Caribbean states may be admitted as associated members. An associated member may apply for and be granted full membership, but only after having been associated for at least four years, and only after five years have elapsed since the treaty came into force. This implies that no new full members outside the original twelve can be admitted before March 11, 2016.

A full or associated member state may unilaterally withdraw from the union. To do so, the state must deposit their cessation documentation in a similar manner as the ratification, and the cessation will take effect six months after the deposition. However, cessation of membership will not free states from any financial debts to the Union for unpaid membership fees or otherwise.

At the time the treaty came into force on March 11, 2011, it had been ratified by Argentina, Bolivia, Chile, Colombia, Ecuador, Guyana, Peru, Suriname, Uruguay, and Venezuela. The two other original signatories, Brazil and Paraguay, had not yet completed the ratification process by that date. By December 14, 2011, when Colombia deposited its instruments of ratification of the Constitutive Treaty with the Government of the Republic of Ecuador, the process was complete. [17]

Amendments

Any member state may suggest amendments to the constitutional treaty. In order to be adopted, an amendment must be approved by the Council of Heads of State and Government, and then ratified by at least nine member states.

Additional Protocol

On November 26, 2010, during the 2010 South American Summit, representatives introduced a democratic clause to the Constitutive Treaty of the Union of South American Nations. The amendment specifies measures to be taken against member-states whose political processes are not respected. The clause establishes sanctions, such as shutting down borders and the suspension of trade against the country that suffers an attempted coup.

The decision to include a democratic clause was made after the recent upheaval in Ecuador that briefly threatened the administration of President, Rafael Correa. [18] The additional protocol was signed by all member-states of UNASUR. [19]

Entering into force

On March 11, 2011, when the Constitutive Treaty entered into legal force, establishing the Union of South American Nations as an international legal personality, the Foreign Ministers of the UNASUR member states met at Ciudad Mitad del Mundo, Ecuador, to celebrate the event and lay the foundation stone of the UNASUR Secretariat headquarters.[ citation needed ]

See also

Related Research Articles

Foreign relations of Colombia

Colombia seeks diplomatic and commercial relations with all countries, regardless of their ideologies or political or economic systems. For this reason, the Colombian economy is quite open, relying on international trade and following guidelines given by international law.

Ecuador Country in South America

Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. Ecuador also includes the Galápagos Islands in the Pacific, about 1,000 kilometers (621 mi) west of the mainland. The capital is Quito.

Foreign relations of Argentina

This article deals with the diplomatic affairs, foreign policy and international relations of Argentina. At the political level, these matters are handled by the Ministry of Foreign Affairs, also known as the Cancillería, which answers to the President. The current Minister of Foreign Affairs, since September 2021, is Chancellor Santiago Cafiero.

Andean Community South American free-trade agreement

The Andean Community is a free trade area with the objective of creating a customs union comprising the South American countries of Bolivia, Colombia, Ecuador, and Peru. The trade bloc was called the Andean Pact until 1996 and came into existence when the Cartagena Agreement was signed in 1969. Its headquarters are in Lima, Peru.

Inter-American Treaty of Reciprocal Assistance 1947 treaty

The Inter-American Treaty of Reciprocal Assistance is an agreement signed in 1947 in Rio de Janeiro among many countries of the Americas. The central principle contained in its articles is that an attack against one is to be considered an attack against them all; this was known as the "hemispheric defense" doctrine. Despite this, several members have breached the treaty on multiple occasions. The treaty was initially created in 1947 and came into force in 1948, in accordance with Article 22 of the treaty. The Bahamas was the most recent country to sign and ratify it in 1982.

Union of South American Nations Intergovernmental regional organization

The Union of South American Nations is an intergovernmental regional organization that once comprised twelve South American countries; as of 2019, most have withdrawn.

ALBA Intergovernmental organization of Latin American and Caribbean states

ALBA or ALBA–TCP, formally the Bolivarian Alliance for the Peoples of Our America or the Bolivarian Alliance for the Peoples of Our America – Peoples' Trade Treaty, is an intergovernmental organization based on the idea of political and economic integration of Latin American and Caribbean countries.

Andean Parliament

The Andean Parliament is the governing and deliberative body of the Andean Community. It was created on October 25, 1979 in La Paz (Bolivia), through the Constitutive Treaty signed by the chancellors of Bolivia, Colombia, Ecuador, Peru and Venezuela. It entered into force in January 1984.

Rafael Correa President of Ecuador from 2007 to 2017

Rafael Vicente Correa Delgado, known as Rafael Correa, is an Ecuadorian politician and economist who served as President of Ecuador from 2007 to 2017. The leader of the PAIS Alliance political movement from its foundation until 2017, Correa is a democratic socialist and his administration focused on the implementation of left-wing policies. Internationally, he served as president pro tempore of the UNASUR.

Argentina–Chile relations Bilateral relations

International relations between the Republic of Chile and the Argentine Republic have existed for decades. The border between Argentina and Chile is the world's third-longest international border, which is 5,300 km (3,300 mi) long and runs from north to south along the Andes mountains. Although both countries gained their independence during the South American wars of liberation, during much of the 19th and the 20th century, relations between the countries were chilled as a result of disputes over the border in Patagonia. Despite this, Chile and Argentina have never been engaged in a war with each other. In recent years, relations have improved dramatically in spite of social differences. Despite increased trade between the two countries, Argentina and Chile have followed quite different economic policies. Chile has signed free trade agreements with countries such as China, the US, Canada, South Korea, and the EU, and is an active member of the APEC, while Argentina belongs to the Mercosur regional free trade area. In April 2018, both countries suspended their membership from the UNASUR.

SUCRE

The SUCRE was a regional currency proposed for commercial exchanges between members of the regional trade bloc Bolivarian Alliance for the Americas (ALBA), which was created as an alternative to the Free Trade Agreement of the Americas (FTAA). The SUCRE was intended to replace the US dollar as a medium of exchange in order to decrease US influence and control of Latin American economies and to increase stability of regional markets.

Member states of the Union of South American Nations

There are four active member states of the Union of South American Nations after six member states suspended their participation in the organization in April 2018, while Ecuador and Uruguay announced their withdrawals in March 2019 and March 2020 respectively.

The President Pro Tempore of the Union of South American Nations is the head position and representative of the Union of South American Nations (UNASUR). At international meetings, declarations and concerted opinions of the supranational organism are presented by the President Pro Tempore. The office is exercised for a one-year period on a pro tempore basis by one of the heads of state of each UNASUR Member State, the succession following alphabetical order. The most recent president was the President of Bolivia, Evo Morales, who served, as acknowledged by unasursg.org, between 17 April 2018 and 16 April 2019.

The Secretary General of the Union of South American Nations is the legal representative of the Secretariat of the Union of South American Nations (USAN).

2010 Ecuador crisis

The 2010 Ecuador crisis took place on 30 September 2010, when elements of the National Police blockaded highways, occupied the National Parliament, blocked the Mariscal Sucre International Airport in Quito and the José Joaquín de Olmedo International Airport in Guayaquil, and took over TV Ecuador's station, in what they claimed was a strike to oppose a government-sponsored law that supposedly reduced their benefits. Unrest and looting was reported in seven provincial capitals of the country due to the lack of law enforcement.

2010 South American Summit

The 2010 South American summit, took place in Georgetown, Guyana on November 26, 2010. Eight heads of state and four foreign ministers of the Union of South American Nations attended the summit. During the summit, the leaders signed an additional protocol to the Constitutive Treaty, adding a democratic clause to the charter of the organization. The Georgetown summit ended with the Ecuadorian president handing the UNASUR pro-tempore presidency for the next twelve months to his Guyanese counterpart, Bharrat Jagdeo.

Member states of ALBA

ALBA has 10 member states and three observer states. In addition, Suriname is a "special guest member" which intends to become a full member.

Ricardo Patiño Ecuadorian politician

Ricardo Armando Patiño Aroca is an Ecuadorian politician who has served as Minister of Foreign Affairs of Ecuador from 2010 until 2016, under the government of President Rafael Correa. Previously he was Minister of Finance and Minister of the Coast. He is one of the ideologists of The Citizens' Revolution who with Correa wanted to gradually introduce a democratic socialist government in Ecuador. On 4 March 2016, he was name as Defense Minister by President Correa.

Forum for the Progress and Integration of South America Intergovernmental regional organization

The Forum for the Progress and Integration of South America is an initiative by Sebastián Piñera and Iván Duque, for the creation of an integration body to replace the Union of South American Nations.

References

  1. ↑ South America nations found union BBC , accessed on May 23, 2008.
  2. ↑ Argentina ratified UNASUR Constitutive Treaty Archived 2011-10-09 at the Wayback Machine Unasur. Retrieved on 2010-11-25.
  3. ↑ Bolivia ratifica el tratado constitutivo de la UNASUR Archived 2011-07-19 at the Wayback Machine El Ciudadano. Retrieved on 2010-11-25. (in Spanish).
  4. ↑ "Brasil promulga aprovação do tratado da Unasul e vira membro pleno" (in Portuguese). Correio do Brasil. Archived from the original on March 21, 2012. Retrieved July 14, 2011.
  5. ↑ Santiago ratifico el tratado constitutivo de la unasur Yahoo! Noticias. Retrieved on 2010-11-25. (in Spanish).
  6. ↑ "Colombia se integra al Unasur" (in Spanish). El Universal. Retrieved February 17, 2011..
  7. ↑ Ecuador segundo país en ratificar Tratado Constitutivo de UNASUR Archived 2012-03-09 at the Wayback Machine Flacso. Retrieved on 2010-11-25. (in Spanish).
  8. ↑ Guyana ratificó tratado constitutivo de Unasur [ permanent dead link ] Como tu quieras. Retrieved on 2010-11-25. (in Spanish).
  9. ↑ Paraguay approved UNASUR Constitutive Treaty on 6-9-2011. (in Spanish).
  10. ↑ Perú ratifica Tratado Constitutivo de UNASUR Archived 2011-07-20 at the Wayback Machine Flacso. Retrieved on 2010-11-25. (in Spanish).
  11. ↑ Surinam ratifica el Tratado Constitutivo de Unasur Archived 2011-07-19 at the Wayback Machine El Ciudadano. Retrieved on 2010-11-25. (in Spanish).
  12. ↑ Entrada em vigor do Tratado Constitutivo da UNASUL Archived 2012-02-01 at the Wayback Machine Brazilian Foreign Ministry. Retrieved on 2011-02-14. (in Portuguese).
  13. ↑ Venezuela ratificó el Tratado Constitutivo de Unasur El Universal. Retrieved on 2010-11-25. (in Spanish).
  14. ↑ Entrada em vigor do Tratado Constitutivo da UNASUL ("Entry into force of the Unasur Constitutive Treaty") Archived 2012-02-01 at the Wayback Machine Ministry of External Relations of Brazil. Retrieved on 2011-02-15. (in Portuguese).
  15. ↑ Constitutive Treaty of the Union of South American Nations Archived 2008-12-06 at the Wayback Machine Ministry of External Relations , accessed on May 25, 2008.
  16. ↑ The Decline of UNASUR and the Crisis of South American Regionalism
  17. ↑ "Colombia y Ecuador acordaron mejorar seguridad y transporte en la frontera" (in Spanish). December 14, 2011. Archived from the original on January 14, 2012. Retrieved January 14, 2012.
  18. ↑ UNASUR Summit condemned attempt of coup d´etat in Ecuador and reasserted commitment to democratic institutions Archived 2011-07-06 at the Wayback Machine Telam. Retrieved on 2010-11-27.
  19. ↑ Additional Protocol to the Constitutive Treaty of the Union of South American Nations on Commitment to Democracy Archived 2011-07-16 at the Wayback Machine Guyana: Government Information Agency. Retrieved on 2010-11-27.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.