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UNASUR Constitutive Treaty

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Constitutive Treaty
Treaty establishing the Union of South American Nations
SignedMay 23, 2008
LocationBrasília, Brazil
EffectiveMarch 11, 2011
ConditionRatified by 9 Member States[1]
Signatories
Parties10
DepositaryGovernment of Ecuador
LanguagesDutch, English, Portuguese and Spanish
Full text
Constitutive Treaty of the Union of South American Nations at Wikisource

The Constitutive Treaty of the Union of South American Nations was signed on May 23, 2008 during the Third Summit of Heads of State and Government held in Brasília, Brazil.[2] It officially established the Union of South American Nations, a supranational continental union of twelve South American nations.

Signatories

Status of ratification of the UNASUR Constitutive Treaty in the 12 signatory states.
  Ratification complete
  Ratification in progress
On behalf of Signed by Ratified Date of ratification
 Argentina Cristina Kirchner Yes Yes August 2, 2010[3]
 Bolivia Evo Morales Yes Yes March 11, 2009[4]
 Brazil Luiz Inácio Lula da Silva Yes Yes July 14, 2011[5]
 Chile Michelle Bachelet Yes Yes November 22, 2010[6]
 Colombia Álvaro Uribe Yes Yes January 28, 2011[7]
 Ecuador Rafael Correa Yes Yes July 15, 2009[8]
 Guyana Bharrat Jagdeo Yes Yes February 12, 2010[9]
 Paraguay Nicanor Duarte Yes Yes Jun 9, 2011[10]
 Peru Alan García Yes Yes May 11, 2010[11]
 Suriname Ronald Venetiaan Yes Yes November 05, 2010[12]
 Uruguay Rodolfo Nin Novoa Yes Yes February 09, 2011[13]
 Venezuela Hugo Chávez Yes Yes March 13, 2010[14]

Ratification

The Constitutive Treaty of the Union of South American Nations will come into force on March 11th, 2011[15], thirty days after the date of receipt[16] of the ninth instrument of ratification. As of February 15th, 2011 only the legislative branches of Brazil and Paraguay had not yet approved the treaty.[7] The treaty will enter into force in either of these two countries, thirty days after the receipt of their respective document of ratification.

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 original 12 signatories of the document are already considered as members, although the treaty will not be in force in general until 30 days after the deposition of the ninth member state ratification document (i.e., on March 11, 2011), and will not be in force in the remaining countries until 30 days after they has 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, it was ratified by Argentina, Bolivia, Chile, Colombia, Ecuador, Guyana, Peru, Suriname, Uruguay, and Venezuela. The two other original signatories, Brazil and Paraguay, have not yet completed the ratification process.

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

Wikisource has original text related to this article:

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.[17] The additional protocol was signed by all member-states of UNASUR.[18]

Entering into force

On March 11 2011, as the Constitutive Treaty enters into legal force, making the Union of South American Nations an international legal personality, the Foreign Ministers of the UNASUR member states will meet at Mitad del Mundo, Ecuador, to celebrate the event and lay the foundation stone of the UNASUR Secretariat headquarters[19].

See also

References

  1. ^ http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=271203&Itemid=1
  2. ^ South America nations found union BBC, accessed on May 23, 2008.
  3. ^ Argentina ratified UNASUR Constitutive Treaty Unasur. Retrieved on 2010-11-25.
  4. ^ Bolivia ratifica el tratado constitutivo de la UNASUR El Ciudadano. Retrieved on 2010-11-25. Template:Es.
  5. ^ [1] Correio do Brasil. Retrieved on 2011-07-14. Template:Es.
  6. ^ Santiago ratifico el tratado constitutivo de la unasur Yahoo! Noticias. Retrieved on 2010-11-25. Template:Es.
  7. ^ a b [2] El Universal. Retrieved on 2011-2-17. Template:Es.
  8. ^ Ecuador segundo país en ratificar Tratado Constitutivo de UNASUR Flacso. Retrieved on 2010-11-25. Template:Es.
  9. ^ Guyana ratificó tratado constitutivo de Unasur Como tu quieras. Retrieved on 2010-11-25. Template:Es.
  10. ^ Paraguay approved UNASUR Constitutive Treaty on 6-9-2011. Template:Es.
  11. ^ Perú ratifica Tratado Constitutivo de UNASUR Flacso. Retrieved on 2010-11-25. Template:Es.
  12. ^ Surinam ratifica el Tratado Constitutivo de Unasur El Ciudadano. Retrieved on 2010-11-25. Template:Es.
  13. ^ Entrada em vigor do Tratado Constitutivo da UNASUL Brazilian Foreign Ministry. Retrieved on 2011-02-14. Template:Pt.
  14. ^ Venezuela ratificó el Tratado Constitutivo de Unasur El Universal. Retrieved on 2010-11-25. Template:Es.
  15. ^ Entrada em vigor do Tratado Constitutivo da UNASUL ("Entry into force of the Unasur Constitutive Treaty") Ministry of External Relations of Brazil. Retrieved on 2011-02-15. Template:Pt.
  16. ^ Constitutive Treaty of the Union of South American Nations Ministry of External Relations, accessed on May 25, 2008.
  17. ^ UNASUR Summit condemned attempt of coup d´etat in Ecuador and reasserted commitment to democratic institutions Telam. Retrieved on 2010-11-27.
  18. ^ Additional Protocol to the Constitutive Treaty of the Union of South American Nations on Commitment to Democracy Guyana: Government Information Agency. Retrieved on 2010-11-27.
  19. ^ Template:Es"Sede de Unasur llevará el nombre de Néstor Kirchner". telesur. 09-03-2011. {{cite web}}: Check date values in: |date= (help)
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