Constitutive Treaty of the Union of South American Nations
By UNASUR, May 23, 2008
Preamble
The States Parties to this Treaty,
INSPIRED by the Cusco Declaration of December 8, 2004, and the Brasília Declaration of September 30, 2005, which reflect the common purpose of the South American peoples and governments to build a continental identity and unity;
CONSIDERING that South America should endow itself with an integration mechanism based on common objectives and citizen participation;
RECOGNIZING that democracy, social justice, human rights, sustainable development, and the respect for sovereignty and independence are fundamental principles for the integration of South America;
CONVINCED that the unity and integration of South America constitute an effective instrument to achieve peace, development, and the eradication of poverty and inequality;
DECIDED to constitute the Union of South American Nations (UNASUR) as an entity with international legal personality,
HAVE AGREED as follows:
Article 1 – Establishment of the Union
The States Parties hereby establish the Union of South American Nations (hereinafter “the Union” or “UNASUR”), with the objectives and structure set forth in this Treaty.
Article 2 – Objective
The objective of the Union is to build, in a participatory and consensual manner, an integration and union process among its peoples in the cultural, social, economic, and political fields, prioritizing political dialogue, social policies, education, energy, infrastructure, financing, and the environment, among others, with a view to eliminating socioeconomic inequality, achieving social inclusion, fostering citizen participation, and strengthening democracy.
Article 3 – Specific Objectives
The Union shall pursue the following specific objectives:
a) Strengthening political dialogue among Member States to guarantee peace and cooperation in the region and the world;
b) Inclusive and equitable social and human development to eradicate poverty and overcome inequalities;
c) Conservation and sustainable use of biodiversity, water resources, and ecosystems;
d) Energy integration for the sustainable use of the region’s resources;
e) Development of infrastructure for the interconnection of the region and its peoples;
f) Financial integration through the adoption of mechanisms fostering economic complementarity;
g) Protection of citizen rights, ensuring full enjoyment of freedoms and social justice;
h) Universal access to education and knowledge;
i) Promotion of cultural diversity and identity;
j) Citizen participation through mechanisms of dialogue with social actors;
k) Consolidation of a secure and peaceful South America;
l) Cooperation in science, technology, and innovation.
Article 4 – Organs
The Union shall have the following organs:
a) The Council of Heads of State and Government;
b) The Council of Ministers of Foreign Affairs;
c) The Council of Delegates;
d) The General Secretariat;
e) The South American Parliament;
f) Sectoral Ministerial Councils;
g) Other institutional instances created by the Council of Heads of State and Government.
Article 5 – Council of Heads of State and Government
The Council of Heads of State and Government is the highest organ of the Union. It shall define the policy guidelines and adopt the necessary decisions for achieving the objectives of the Union. It shall meet ordinarily once a year and extraordinarily when convened by the Pro Tempore Presidency.
Article 6 – Council of Ministers of Foreign Affairs
The Council of Ministers of Foreign Affairs shall coordinate the policies of the Union and adopt resolutions for their implementation. It shall meet ordinarily twice a year and extraordinarily when necessary.
Article 7 – Council of Delegates
The Council of Delegates shall be composed of high-level representatives of the Member States. It shall monitor the implementation of decisions and resolutions, prepare meetings of the Council of Ministers, and coordinate with the General Secretariat.
Article 8 – General Secretariat
The General Secretariat shall be the organ responsible for supporting the other organs of the Union, executing their mandates, and promoting initiatives for integration. Its headquarters shall be located in Quito, Ecuador. The Secretary-General shall be elected by the Council of Heads of State and Government for a two-year term, renewable once.
Article 9 – South American Parliament
The South American Parliament shall be the organ representing the peoples of the Union. Its headquarters shall be located in Cochabamba, Bolivia. Its composition, functions, and organization shall be defined by an Additional Protocol.
Article 10 – Sectoral Ministerial Councils
The Sectoral Ministerial Councils shall be established by the Council of Heads of State and Government to implement the objectives of the Union in specific areas of integration.
Article 11 – Legal Personality
The Union shall enjoy international legal personality and the capacity to:
a) Enter into agreements with Member States, third States, and international organizations;
b) Acquire, possess, and dispose of property;
c) Initiate legal proceedings.
Article 12 – Privileges and Immunities
The Union, its organs, and its staff shall enjoy in the territory of each Member State the privileges and immunities necessary for the performance of their functions, to be defined in a specific agreement.
Article 13 – Decision-Making
Decisions of the organs of the Union shall be adopted by consensus, except as otherwise provided in this Treaty or its protocols.
Article 14 – Dialogue with Citizens
The Union shall promote mechanisms for dialogue and participation of citizens and social organizations in the integration process.
Article 15 – Relations with Third Parties
The Union may establish cooperation and coordination relations with third States, international organizations, and other integration mechanisms to achieve its objectives.
Article 16 – Financial Resources
The Union shall be financed by contributions from Member States, as determined by the Council of Heads of State and Government, and may receive additional resources from cooperation agreements.
Article 17 – Pro Tempore Presidency
The Pro Tempore Presidency shall be exercised successively by each Member State, in alphabetical order, for a period of one year. It shall coordinate the activities of the Union and convene meetings of its organs.
Article 18 – Conflict Resolution
Member States undertake to resolve their disputes through dialogue and peaceful means within the framework of the Union.
Article 19 – Membership
The Union is composed of the States that sign and ratify this Treaty. Other Latin American and Caribbean States may accede as Associate Members under conditions established by the Council of Heads of State and Government.
Article 20 – Accession of New Members
Full membership may be granted to Associate Members after four years of association and five years from the entry into force of this Treaty, subject to approval by the Council of Heads of State and Government.
Article 21 – Cooperation with Other Organizations
The Union shall promote coordination with existing integration mechanisms in South America, such as MERCOSUR and the Andean Community, to strengthen regional unity.
Article 22 – Official Languages
The official languages of the Union shall be Spanish, Portuguese, English, and Dutch.
Article 23 – Signature and Ratification
This Treaty shall remain open for signature by the South American States and shall be ratified in accordance with their respective constitutional procedures.
Article 24 – Entry into Force
This Treaty shall enter into force thirty days after the deposit of the ninth instrument of ratification with the Government of Ecuador, which shall act as the Depositary.
Article 25 – Amendments
Amendments to this Treaty may be proposed by any Member State and shall be adopted by consensus by the Council of Heads of State and Government, subject to ratification by all Member States.
Article 26 – Withdrawal
Any Member State may withdraw from the Union by notifying the Depositary. Withdrawal shall take effect six months after the notification, without prejudice to financial obligations incurred.
Article 27 – Depositary
The original of this Treaty, in Spanish, Portuguese, English, and Dutch, all equally authentic, shall be deposited with the Government of Ecuador, which shall transmit certified copies to the other signatory States.
Final Provisions
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Treaty.
Done in Brasília, on the twenty-third day of May of the year two thousand and eight.
