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 Brasília ( ; ) is the capital city, capital of Brazil and Federal District (Brazil), Federal District. Located in the Brazilian highlands in the country's Central-West Region, Brazil, Central-West region, it was founded by President Juscelino ...

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

. It officially established the

Union of South American Nations The Union of South American Nations (USAN), sometimes also referred to as the South American Union, abbreviated in Spanish as UNASUR and in Portuguese as UNASUL, is an intergovernmental regional organization. It was set up by Hugo Chavez to ...

, an intergovernmental continental union of all twelve

South American South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a considerably smaller portion in the Northern Hemisphere. It can also be described as the southern Subregion#Americas, subregion o ...

nations.

Signatories

Ratification

The Constitutive Treaty of the Union of South American Nations came into force on March 11, 2011, thirty days after the date of receipt of the ninth instrument of

ratification Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...

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 America Latin America is the cultural region of the Americas where Romance languages are predominantly spoken, primarily Spanish language, Spanish and Portuguese language, Portuguese. Latin America is defined according to cultural identity, not geogr ...

n and

Caribbean The Caribbean ( , ; ; ; ) is a region in the middle of the Americas centered around the Caribbean Sea in the Atlantic Ocean, North Atlantic Ocean, mostly overlapping with the West Indies. Bordered by North America to the north, Central America ...

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, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...

Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...

Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...

Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...

Ecuador 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. It also includes the Galápagos Province which contain ...

Guyana Guyana, officially the Co-operative Republic of Guyana, is a country on the northern coast of South America, part of the historic British West Indies. entry "Guyana" Georgetown, Guyana, Georgetown is the capital of Guyana and is also the co ...

Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...

Suriname Suriname, officially the Republic of Suriname, is a country in northern South America, also considered as part of the Caribbean and the West Indies. It is a developing country with a Human Development Index, high level of human development; i ...

Uruguay Uruguay, officially the Oriental Republic of Uruguay, is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast, while bordering the Río de la Plata to the south and the A ...

, and

Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...

. The two other original signatories,

and

Paraguay Paraguay, officially the Republic of Paraguay, is a landlocked country in South America. It is bordered by Argentina to the Argentina–Paraguay border, south and southwest, Brazil to the Brazil–Paraguay border, east and northeast, and Boli ...

, 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.

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 Rafael Vicente Correa Delgado (; born 6 April 1963) is an Ecuadorian politician and economist who served as the 45th president of Ecuador from 2007 to 2017. The leader of the PAIS Alliance political movement from its foundation until 2017, Corr ...

. The additional protocol was signed by all member-states of UNASUR.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.

Entering into force

On March 11, 2011, when the Constitutive Treaty entered into legal force, establishing the

as an international

legal personality Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sen ...

, the Foreign Ministers of the UNASUR member states met at

Ciudad Mitad del Mundo The Ciudad Mitad del Mundo (''Middle of the World City'') is a tract of land owned by the prefecture of the province of Pichincha, Ecuador. It is located at San Antonio parish of the canton of Quito, north of the center of Quito. The ground ...

, to celebrate the event and lay the foundation stone of the UNASUR Secretariat headquarters.

References

External links

South American Union of Nations Constitutive Treaty
{{Member States of the Union of South American Nations Union of South American Nations Treaties concluded in 2008 Treaties entered into force in 2011 Treaties of Argentina Treaties of Bolivia Treaties of Brazil Treaties of Chile Treaties of Colombia Treaties of Ecuador Treaties of Guyana Treaties of Paraguay Treaties of Peru Treaties of Suriname Treaties of Uruguay Treaties of Venezuela Treaties establishing intergovernmental organizations