Additional Protocol to the Constitutive Treaty of the Union of South American Nations on Commitment to Democracy

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Additional Protocol to the Constitutive Treaty of the Union of South American Nations on Commitment to Democracy
Source: Government Information Agency - Guyana

The Republic of Argentina, the Plurinational State of Bolivia, the Federative Republic of Brazil, the Republic of Chile, the Republic of Colombia, the Republic of Ecuador, the Cooperative Republic of Guyana, the Republic of Paraguay, the Republic of Peru, the Republic of Suriname, the Oriental Republic of Uruguay and the Bolivarian Republic of Venezuela.

CONSIDERING that the Constitutive Treaty of the Union of South American Nations provides that the full validity of democratic institutions and unwavering respect for human rights are conditions that are essential for building a common future of peace and economic and social prosperity and for developing integration processes among Member States.

UNDERSCORING the importance of the Declaration of Buenos Aires of October 1, 2010 and the regional instruments that affirm democratic commitment.

REITERATING our commitment to the promotion, defence and protection of democratic order, Rule of Law and its institutions, Human Rights and fundamental freedoms, as essential and indispensable conditions for the development of their integration process and a vital requirement for their participation in UNASUR.

AGREE:

ARTICLE 1[edit]

This Protocol shall apply in the event of a breach or threat of breach against the democratic order, a violation of the constitutional order or any situation that jeopardises the legitimate exercising of power and the application of the values and principles of democracy.

ARTICLE 2[edit]

When one of the situations presented in the previous article arises, the Council of Heads of State and Government or, in its absence, the Council of Ministers of Foreign Affairs shall meet – in an extraordinary session – convened by the Pro Tempore Presidency: ex officio, at the behest of the affected State or at the request of another UNASUR Member State.

ARTICLE 3[edit]

The Council of Heads of State and Government or, in its absence, Council of Ministers of Foreign Affairs, meeting in an extraordinary session, shall consider by consensus, the nature and scope of the measures to be applied, taking into account the relevant information gathered based on the provisions of article 4 of this Protocol and respecting the sovereignty and territorial integrity of the affected State.

ARTICLE 4[edit]

The Council of Heads of State and Government or, in its absence, the Council of Ministers of Foreign Affairs may establish, in the event of a breach or threat of breach against the democratic order, the measures outlined below, for the purpose of re-establishing the democratic institutional political process. Said measures shall enter into force on the date on which the respective decision is adopted.

a.- Suspension of the right to participate in the various bodies and branches of UNASUR, as well as the suspension of the rights and benefits enjoyed under the Constitutive Treaty of UNASUR.
b.- Partial or complete closure of land borders, including the suspension and/or limitation of trade, air and maritime traffic, communications and provision of energy, services and supplies.
c.- Advocate the suspension of the affected State in the ambit of other regional and international organisations.
d.- Promote, with third countries and/or regional blocs, the suspension of the rights and/or benefits enjoyed by the affected State under the co-operation agreements to which it is party.
e.- Adoption of additional political and diplomatic sanctions.

ARTICLE 5[edit]

Together with the adoption of the measures defined in article 4, the Council of Heads of State and Government, or in its absence, the Council of Ministers of Foreign Affairs shall use its good offices and take diplomatic steps to promote the restoration of democracy in the affected country. Said actions shall be carried out in coordination with those undertaken in applying other international instruments pertaining to the defence of democracy.

ARTICLE 6[edit]

When the constitutional government of a Member State believes that there is a threat of breach against or change in the democratic order that would severely affect it, it may consult the Council of Heads of State and Government or the Council of Ministers of Foreign Affairs, through the Pro Tempore Presidency and/or the General Secretariat, in order to notify them of the situation and request concrete concerted co-operation and a pronouncement from UNASUR to defend and preserve its democratic institutionality.

ARTICLE 7[edit]

The measures provided in article 4 that are applied to the affected Member State, shall cease from the date on which said State is notified of the agreement reached by the States that adopted such measures, once it has been confirmed that the constitutional democratic order has been completely restored.

ARTICLE 8[edit]

This Protocol is an integral part of the Constitutive Treaty of UNASUR. This Protocol shall enter into force thirty days after the date of receipt of its ninth instrument of ratification.

Instruments of ratification shall be deposited with the Government of the Republic of Ecuador, which shall notify the other Member States of the date of deposit, as well as the date of entry into force of this Protocol.

For the Member State that ratifies this Protocol after the ninth instrument of ratification has been deposited, said Protocol shall enter into force thirty days after the date on which that Member State deposited its instrument of ratification.

ARTICLE 9[edit]

This Protocol shall be registered with the Secretariat of the United Nations.

Signed in the city of Georgetown, Cooperative Republic of Guyana, on the twenty sixth day of November two thousand and ten, with the original texts being in the Spanish, English, Dutch, and Portuguese languages, all four equally authentic.