Constitutive Treaty
Encyclopedia
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
. It officially established the Union of South American Nations, a supranational continental union
of twelve South American nations.
on March 11, 2011, thirty days after the date of receipt of the ninth instrument of ratification
.
n 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. As of September 2011 only Colombia had yet to deposit the instruments of ratification of the Constitutive Treaty with the Government of the Republic of Ecuador.
, 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
. The additional protocol was signed by all member-states of UNASUR.
, the Foreign Ministers of the UNASUR member states
met at Mitad del Mundo
, Ecuador
, to celebrate the event and lay the foundation stone of the UNASUR Secretariat headquarters.
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
. It officially established the Union of South American Nations, a supranational continental union
Continental union
A continental union is an inter-governmental, supra-national, or a federation of member states located in the same continent, or close to it. Continental unions are a relatively new type of political entity in the history of human government. Throughout most of human history, political...
of twelve South American nations.
Signatories
| On behalf of | Signed by | Ratified | Date of ratification |
|---|---|---|---|
| Cristina Kirchner Cristina Fernández de Kirchner Cristina Elisabet Fernández de Kirchner , commonly known as Cristina Fernández or Cristina Kirchner is the 55th and current President of Argentina and the widow of former President Néstor Kirchner. She is Argentina's first elected female president, and the second female president ever to serve... |
 |
August 2, 2010 | |
| Evo Morales Evo Morales Juan Evo Morales Ayma , popularly known as Evo , is a Bolivian politician and activist, currently serving as the 80th President of Bolivia, a position that he has held since 2006. He is also the leader of both the Movement for Socialism party and the cocalero trade union... |
|
March 11, 2009 | |
| Luiz Inácio Lula da Silva Luiz Inácio Lula da Silva Luiz Inácio Lula da Silva , known popularly as Lula, served as the 35th President of Brazil from 2003 to 2010.A founding member of the Workers' Party , he ran for President three times unsuccessfully, first in the 1989 election. Lula achieved victory in the 2002 election, and was inaugurated as... |
|
July 14, 2011 | |
| Michelle Bachelet Michelle Bachelet Verónica Michelle Bachelet Jeria is a Social Democrat politician who was President of Chile from 11 March 2006 to 11 March 2010. She was the first woman president of her country... |
|
November 22, 2010 | |
| Álvaro Uribe Álvaro Uribe Alvaro Uribe Vélez was the 58th President of Colombia, from 2002 to 2010. In August 2010 he was appointed Vice-chairman of the UN panel investigating the Gaza flotilla raid.... |
|
January 28, 2011 | |
| Rafael Correa Rafael Correa Rafael Vicente Correa Delgado born is the President of the Republic of Ecuador and was the president pro tempore of the Union of South American Nations. An economist educated in Ecuador, Belgium and the United States, he was elected President in late 2006 and took office in January 2007... |
|
July 15, 2009 | |
| Bharrat Jagdeo Bharrat Jagdeo Bharrat Jagdeo is a Guyanese politician who has been President of Guyana since 11 August 1999. Prior to his presidency he was Minister of Finance and became President after Janet Jagan resigned for health reasons; subsequently he won two elections, in 2001 and 2006.Jagdeo was born in Unity Village... |
|
February 12, 2010 | |
| Nicanor Duarte | |
June 9, 2011 | Alan García | |
May 11, 2010 |
| Ronald Venetiaan Ronald Venetiaan Ronald Runaldo Venetiaan served as the 6th and 8th President of Suriname. His first term as president ran from 1991 to 1996 after which he lost in the elections to Jules Wijdenbosch... |
|
November 5, 2010 | |
| Rodolfo Nin Novoa Rodolfo Nin Novoa Rodolfo Nin Novoa is the former Vice President of Uruguay, he is the leader of Progressive Alliance.-Background:He was born in mixed Armenian- Spanish family. Having originally received a traditional, Roman Catholic education, Nin was a member of the National Party and mayor in his department .... |
|
February 9, 2011 | |
| Hugo Chávez Hugo Chávez Hugo Rafael Chávez Frías is the 56th and current President of Venezuela, having held that position since 1999. He was formerly the leader of the Fifth Republic Movement political party from its foundation in 1997 until 2007, when he became the leader of the United Socialist Party of Venezuela... |
|
March 13, 2010 |
Ratification
The Constitutive Treaty of the Union of South American Nations came into forceForce (law)
In the field of law, the word force has two main meanings: unlawful violence and lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion.When something is...
on March 11, 2011, thirty days after the date of receipt of the ninth instrument of ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
.
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 AmericaLatin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n and Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
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
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, Guyana
Guyana
Guyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British...
, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, Suriname
Suriname
Suriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...
, Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
, and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
. The two other original signatories, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
, had not yet completed the ratification process by that date. As of September 2011 only Colombia had yet to deposit the instruments of ratification of the Constitutive Treaty with the Government of the Republic of Ecuador.
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 Summit2010 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...
, representatives introduced a democratic clause to the Constitutive Treaty of the Union of South American Nations. The amendment
Amendment
Amendment may refer to:*A change made to a pending motion or bill by a motion to amend*An improved change made to a previously adopted law or motion*A change made to a contract*Constitutional amendment, a change made to a written constitution...
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
2010 Ecuador crisis
The 2010 Ecuador crisis took place on September 30, 2010, when elements of the National Police and military forces of Ecuador blockaded highways, occupied the National Parliament, blocked the Mariscal Sucre International Airport in Quito and the José Joaquín de Olmedo International Airport in...
that briefly threatened the administration of President, Rafael Correa
Rafael Correa
Rafael Vicente Correa Delgado born is the President of the Republic of Ecuador and was the president pro tempore of the Union of South American Nations. An economist educated in Ecuador, Belgium and the United States, he was elected President in late 2006 and took office in January 2007...
. The additional protocol was signed by all member-states of UNASUR.
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 personalityLegal personality
Legal personality is the characteristic of a non-human entity regarded by law to have the status of a person....
, the Foreign Ministers of the UNASUR member states
Member State of the Union of South American Nations
There are currently 12 member states of the Union of South American Nations.Of these, four belong to the Andean Community of Nations , and four to Mercosur.-UNASUL member states:-observer states:...
met at Mitad del Mundo
Mitad del Mundo
The Mitad del Mundo is a tract of land owned by the prefecture of the province of Pichincha, Ecuador. It is located in the San Antonio parish of the canton of Quito, north of the center of Quito....
, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, to celebrate the event and lay the foundation stone of the UNASUR Secretariat headquarters.
External links
- The text of the Treaty translated in English on Wikisource