SOUTH AMERICAN
UNION OF NATIONS CONSTITUTIVE TREATY
The Republic of Argentina, the Republic 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.
PREAMBLE
BASED on the shared history and solidarity
of our multiethnic, multilingual and
multicultural nations, which have fought for
the emancipation and unity of South America,
honouring the vision of those who forged our
independence and freedom in favour of that
union and the building of a common future;
INSPIRED by the Cusco Declaration (December
8th, 2004), the Brasilia Declaration (September
30th, 2005) and the Cochabamba Declaration (December
9th, 2006);
AFFIRMING their determination to build a
South American identity and citizenship and
to develop an integrated regional space in
the political, economic, social, cultural,
environmental, energy and infrastructure
dimensions, for the strengthening of Latin
America and Caribbean unity;
CONVINCED that the South American
integration and South American unity are
necessary to promote the sustainable
development and wellbeing of our peoples,
and to contribute to the solution of the
problems which still affect our region, such
as persistent poverty, social exclusion and
inequality;
CERTAIN that integration is a decisive step
towards the strengthening of multilateralism
and the rule of law in international
relations in order to achieve a multipolar,
balanced and just world, in which the
sovereign equality of States and a culture
of peace prevail and in a world free of
nuclear weapons and of weapons of mass
destruction;
CONFIRMING that both South American
integration and the South American union are
based on the guiding principles of:
unlimited respect for sovereignty and
territorial integrity and inviolability of
States; self-determination of the peoples;
solidarity; cooperation; peace; democracy,
citizen participation and pluralism;
universal, interdependent and indivisible
human rights; reduction of asymmetries and
harmony with nature for a sustainable
development;
UNDERSTANDING that South American
integration should be achieved through an
innovative process, which would include the
progress achieved so far by the MERCOSUR and
CAN processes, as well as the experiences of
Chile, Guyana and Suriname, and which goes
beyond the convergence among them;
CONSCIOUS that the process of building a
South American integration and union is
ambitious in its strategic objectives and
will be flexible and gradual in its
implementation, ensuring that each State
honour its commitments according to its own
reality;
RATIFYING that fully functioning democratic
institutions and the unrestricted respect
for human rights are essential conditions
for building a common future of peace,
economic and social prosperity and for the
development of integration processes among
the Member States;
AGREE:
Article 1
Constitution Of UNASUR
The States Party to this Treaty decide to
constitute the Union of South American
Nations (UNASUR) as an entity with
international juridical character.
Article 2
Objective
The objective of the South American Union of
Nations is to build, in a participatory and
consensual manner, an integration and union
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,
in order to achieve social inclusion and
participation of civil society, to
strengthen democracy and reduce asymmetries
within the framework of strengthening the
sovereignty and independence of the States.
Article 3
Specific Objectives
The South American Union of Nations has the
following objectives:
bb) The strengthening of the political
dialogue among Member States to guarantee a
space for consultation in order to reinforce
South American integration and the
participation of UNASUR in the international
arena;
cc) The inclusive and equitable social and
human development in order to eradicate
poverty and overcome inequalities in the
region;
dd) The eradication of illiteracy, the
universal access to quality education and
the regional recognition of courses and
titles;
ee) Energy integration for the integral and
sustainable use of the resources of the
region, in a spirit of solidarity;
ff) The development of an infrastructure for
the interconnection of the region and among
our peoples, based on sustainable social and
economic development criteria;
gg) Financial integration through the
adoption of mechanisms compatible with the
economic and fiscal policies of Member
States;
hh) The protection of biodiversity, water
resources and ecosystems, as well as
cooperation in the prevention of
catastrophes and in combating the causes and
effects of climate change;
ii) The development of concrete and
effective mechanisms to overcome asymmetries,
thus achieving an equitable integration;
jj) The consolidation of a South American
identity through the progressive recognition
of the rights of nationals of a Member State
resident in any of the other Member States,
with the aim of attaining a South American
citizenship;
kk) Universal access to social security and
health services;
ll) Cooperation on issues of migration with
a holistic approach, based on an
unrestricted respect for human and labour
rights, for migratory regularisation and
harmonisation of policies;
mm) Economic and commercial cooperation to
achieve progress and consolidation of an
innovative, dynamic, transparent, equitable
and balanced process focused on an effective
access, promoting economic growth and
development to overcome asymmetries by means
of the complementarities of the economies of
the countries of South America, as well as
the promotion of the wellbeing of all
sectors of the population and the reduction
of poverty;
nn) Industrial and productive integration,
focusing especially on the important role
that small and medium size enterprises,
cooperatives, networks and other forms of
productive organisation may play;
oo) The definition and implementation of
common or complementary policies and
projects of research, innovation,
technological transfer and technological
production, aimed at enhancing the region’s
own capacity, sustainability and
technological development;
pp) The promotion of cultural diversity and
the expression of the traditions and
knowledge of the peoples of the region, in
order to strengthen their sense of identity;
qq) Citizen participation through mechanisms
for interaction and dialogue between UNASUR
and the various social actors in the
formulation of South American integration
policies;
rr) Coordination among specialised bodies of
the Member States, taking into account
international norms, in order to strengthen
the fight against corruption, the global
drug problem, trafficking in persons,
trafficking in small and light weapons,
terrorism, transnational organised crime and
other threats as well as for disarmament,
the non-proliferation of nuclear weapons and
weapons of mass destruction, and elimination
of landmines;
ss) The promotion of cooperation among the
judicial authorities of the Member States of
UNASUR.
tt) The exchange of information and
experiences in matters of defence;
uu) Cooperation for the strengthening of
citizen security;
vv) Sectoral cooperation as a mechanism to
deepen South American integration, through
the exchange of information, experiences and
capacity building.
Article 4
Bodies
The Bodies of UNASUR are:
1. The Council of Heads of State and
Government
2. The Council of Ministers of Foreign
Affairs
3. The Council of Delegates
4. The General Secretariat
Article 5
Institutional Development
Sectoral Ministerial Meetings, and meetings
of the Councils at Ministerial level,
Working Groups and other institutional
levels may be convened as required on a
permanent or temporary basis, in order to
fulfil the mandates and recommendations of
the competent bodies. These bodies will
report on their activities through the
Council of Delegates, which will present its
findings to the Council of Heads of State
and Government or to the Council of
Ministers of Foreign Affairs, as appropriate.
The agreements adopted by the Sectoral
Ministerial Meetings, Councils at
Ministerial level, Working Groups and other
institutional levels will be submitted for
consideration by the competent body which
has summoned or created them.
The Energy Council of South America, created
by the Declaration of Margarita (April 17th,
2007), is part of UNASUR.
Article 6
The Council of Heads of State and Government
The Council of Heads of State and Government
is the highest organ of UNASUR.
Its responsibilities are:
a) To establish policy guidelines, plans of
action, programmes and projects of the South
American integration process and to decide
on the priorities to be implemented;
b) To summon Sectoral Ministerial Meetings
and to create Councils at Ministerial level;
c) To decide on the proposals presented by
the Council of Ministers of Foreign Affairs;
d) To adopt the political guidelines for
relation with third parties;
The ordinary meetings of the Council of
Heads of State and Government will be held
annually. Upon the request of a Member
State, extraordinary meetings may be
summoned through the Pro Tempore Presidency,
subject to the consensus of all Member
States of UNASUR.
Article 7
The Pro Tempore Presidency
The Pro Tempore Presidency of UNASUR will be
held successively by each of the Member
States, in alphabetical order, for periods
of one year.
Its responsibilities are:
a) To prepare, summon and preside over the
meetings of the bodies of UNASUR;
b) To present to the Council of Ministers of
Foreign Affairs and to the Council of
Delegates the annual program of activities
of UNASUR, with dates, venues and agenda of
the meetings of its bodies in coordination
with the General Secretariat;
c) To represent UNASUR in international
events, with the prior authorization of the
Member States;
d) To undertake commitments and to sign
Declarations with third parties, with prior
consent of the appropriate bodies of UNASUR.
Article 8
The Council of Ministers of Foreign Affairs
The Council of Ministers of Foreign Affairs
has the following functions:
a) To adopt Resolutions in order to
implement the Decisions of the Council of
Heads of State and Government;
b) To propose draft Decisions and prepare
the meetings of the Council of Heads of
State and Government;
c) To coordinate positions on central themes
of South American integration;
d) To develop and promote political dialogue
and coordination on themes of regional and
international interest;
e) To oversee and evaluate the integration
process as a whole;
f) To approve the annual Programme of
activities and the annual working budget of
UNASUR;
g) To approve the financing of the common
initiatives of UNASUR;
h) To implement the policy guidelines for
relations with third parties;
i) To approve resolutions and regulations of
an institutional nature or on other themes
falling within its jurisdiction;
j) To create Working Groups based on the
priorities established by the Council of
Heads of State and Government.
The ordinary meetings of the Council of
Ministers of Foreign Affairs will be held
every semester and may be convened by the
Pro Tempore Presidency on an extraordinary
basis at the request of half of the Member
States.
Article 9
The Council of Delegates
The Council of Delegates has the following
functions:
a) To implement, through the adoption of the
appropriate Provisions, the Decisions of the
Council of Heads of State and Government,
and the Resolutions of the Council of
Ministers of Foreign Affairs, with the
support of the Pro Tempore Presidency and
the General Secretariat;
b) To prepare the meetings of the Council of
Ministers of Foreign Affairs;
c) To prepare draft Decisions, Resolutions
and Regulations for the consideration of the
Council of Ministers of Foreign Affairs;
d) To ensure the compatibility and to
coordinate the initiatives of UNASUR with
other existing regional and subregional
integration processes in order to promote
the complementarity of efforts;
e) To establish, coordinate and oversee the
Working Groups;
f) To oversee the political dialogue and
consultation and coordination on issues of
regional and international interest;
g) To encourage the opportunities for
dialogue so as to facilitate citizen
participation in the South American
integration process;
h) To propose to the Council of Ministers of
Foreign Affairs, for its consideration and
approval, the draft ordinary annual working
budget.
The Council of Delegates is composed of one
accredited representative of each Member
State. It will meet preferably every two
months, in the territory of the State which
occupies the Pro Tempore Presidency or
another agreed venue.
Article 10
The General Secretariat
The General Secretariat is the body that,
under the leadership of the Secretary
General, executes the mandates conferred
upon it by the organs of UNASUR and
represents them accordingly. Its
headquarters shall be the city of Quito,
Ecuador.
Its responsibilities shall be:
a) To support the Council of Heads of States
and Government, the Council of Ministers of
Foreign Affairs, the Council of Delegates
and the Pro Tempore Presidency in the
fulfilment of their duties;
b) To propose initiatives and to oversee the
implementation of the directives of the
organs of UNASUR;
c) To participate with the right to speak
and to perform the role of secretary in the
meetings of the organs of UNASUR;
d) To prepare and submit the Annual Report
and the respective reports to the
corresponding organs of UNASUR;
e) To serve as depository of the Agreements
in the framework of UNASUR and to arrange
for their respective publication;
f) To prepare the draft Annual Budget for
the consideration of the Council of
Delegates and to adopt the necessary
measures for its proper management and
execution;
g) To prepare the draft Regulations for the
functioning of the General Secretariat and
to submit them for the consideration and
approval of the corresponding organs;
h) To coordinate with other integration and
cooperation entities of Latin America and
the Caribbean with a view to developing
those activities requested by the bodies of
UNASUR;
i) To execute, according to the regulations,
all the legal acts necessary for the proper
administration and management of the General
Secretariat;
The Secretary General shall be appointed by
the Council of Heads of State and Government,
following a proposal by the Council of
Ministers of Foreign Affairs, for a term of
two years, renewable only once. The
Secretary General shall not be succeeded by
a person of the same nationality.
During the exercise of his or her functions,
the Secretary General and the staff of the
General Secretariat shall be exclusively
dedicated to UNASUR and will not request,
neither accept, instructions from any
Government nor any authority other than
UNASUR, and will refrain from acting in a
manner inconsistent with their status as
international civil servants with sole
responsibility to this international
organisation.
The Secretary General shall be the legal
representative of the General Secretariat.
In the selection of the employees of the
General Secretariat, an equitable
representation for each Member State will be
guaranteed, taking into account, as far as
possible, criteria of gender, language,
ethnicity and others.
Article 11
Juridical Sources
The juridical sources of UNASUR are the
following:
1. The Constitutive Treaty of UNASUR and
other additional instruments;
2. The Agreements concluded by the Member
States of UNASUR as a consequence of the
instruments mentioned in the item above;
3. The Decisions of the Council of Heads of
State and Government;
4. The Resolutions of the Council of
Ministers of Foreign Affairs;
5. The Provisions of the Council of
Delegates.
Article 12
Approval of the Legislative Measures
All the norms of UNASUR will be adopted by
consensus.
The Decisions of the Council of Heads of
State and Government, the Resolutions of the
Council of Ministers of Foreign Affairs and
the Provisions of the Council of Delegates
may be adopted with the presence of at least
three quarters (3/4) of the Member States.
The Decisions of the Council of Heads of
State and Government, the Resolutions of the
Council of Ministers of Foreign Affairs
adopted without the presence of all Member
States, shall be forwarded by the Secretary
General to the absent States, which shall
make known their position within thirty (30)
days after receipt of the document in the
appropriate language. In the case of the
Council of Delegates, that deadline shall be
fifteen (15) days.
The Working Groups shall hold sessions and
make proposals as long as they have a quorum
of half plus one of the Member States.
The legislative measures emanating from the
organs of UNASUR will be binding on the
Member States once they have been
incorporated into each Member State’s
domestic law, according to its respective
internal procedures.
Article 13
Adoption of Policies and Creation of
Institutions,
Organizations and Programmes
One or more Member States may submit for the
consideration of the Council of Delegates a
proposal for adoption of policies, creation
of common institutions, organisations and
programmes which will be adopted in a
consensual manner, on the basis of a
flexible and gradual criteria of
implementation according to the objectives
of UNASUR and the provisions of Articles 5
and 12 of this Treaty.
Programmes, institutions and organisations
in which Member States participate prior to
the entry into force of this Treaty may be
considered as UNASUR programmes,
institutions or organisations, in accordance
with the procedures outlined in this article
and in accordance with the objectives of
this Treaty.
The proposals will be submitted to the
Council of Delegates. Once approved by
consensus, they will be forwarded to the
Council of the Ministers of Foreign Affairs
and, subsequently, to the Council of Heads
of State and Government, for approval by
consensus. When a proposal has not obtained
consensus, it may only be submitted to the
Council of Delegates six months after its
last inclusion in the agenda.
Once a proposal is approved by the highest
body of UNASUR, three or more Member States
may begin to implement it, provided that the
possibility of inclusion of other Member
States in such a common initiative is
guaranteed and periodical reports of its
implementation are presented to the Council
of Delegates.
Any Member State may completely or partially
refrain from implementing an approved policy,
be it for a period defined beforehand, or
for an indefinite period, without preventing
it from later joining the total or partial
implementation of that policy. In the case
of institutions, organisations or programmes
which are created, any Member State may
participate as an observer, or refrain from
participating fully or partially for a
definite or indefinite period.
The adoption of policies and the creation of
institutions, organisations and programmes
will be regulated by the Council of
Ministers of Foreign Affairs, following a
proposal by the Council of Delegates.
Article 14
Political Dialogue
The political consultation and coordination
among the Member States of UNASUR will be
based on harmony and mutual respect,
strengthening regional stability and
supporting the preservation of democratic
values and the promotion of human rights.
Member States will reinforce the practice of
consensus-building on the central themes on
the international agenda and will promote
initiatives that affirm the identity of the
region as a dynamic factor in international
relations.
Article 15
Relationship with Third Parties
UNASUR will promote initiatives for dialogue
on themes of regional or international
interest and will seek to strengthen
cooperation mechanisms with other regional
groups, States and other entities with
international legal character, focusing on
projects in the areas of energy, financing,
infrastructure, social policies, education
and others to be identified.
The Council of Delegates with the support of
the Pro Tempore Presidency and the General
Secretariat is responsible for overseeing
the implementation of activities. For the
purpose of achieving proper coordination,
the Council of Delegates shall be informed
of and consider the positions that UNASUR
will adopt in its relationship with third
parties.
Article 16
Financing
The Council of Delegates will propose to the
Council of Ministers of Foreign Affairs, for
consideration and approval, the draft Annual
Ordinary Budget for the functioning of the
General Secretariat.
The financing of the ordinary budget for the
functioning of the General Secretariat will
be based on differentiated contribution
quotas of the Member States to be determined
by a Resolution of the Council of Ministers
of Foreign Affairs, following a proposal by
the Council of Delegates, taking into
account the economic capacity of the Member
States, shared responsibility and the
principle of equity.
Article 17
Parliament
The creation of a South American Parliament,
whose seat shall be the city of Cochabamba,
Bolivia, will be the subject of an
Additional Protocol to the present Treaty.
Article 18
Citizen Participation
Full citizen participation in the process of
South American integration and union will be
promoted by means of dialogue and
interaction in a broad, democratic,
transparent, pluralistic, diverse and
independent manner with the various social
actors, establishing effective channels of
information, consultation and supervision in
the different bodies of UNASUR.
The Member States and organs of UNASUR will
promote innovative mechanisms and spaces to
encourage discussion of various issues
ensuring that the proposals submitted by
civil society receive adequate consideration
and response.
Article 19
Associate States
Other Latin American and Caribbean States
that request participation as Associate
States of UNASUR may be admitted with the
approval of the Council of Heads of State
and Government.
The rights and obligations of the Associate
States will be regulated by the Council of
Ministers of Foreign Affairs.
Article 20
Accession of New Members
After the fifth year of the entry into force
of the present Treaty and taking into
account the aim of strengthening Latin
American and Caribbean unity, the Council of
Heads of State and Government may consider
requests for accession as Members States by
Associate States, that have held such a
status for four years, by means of a
consensual recommendation by the Council of
Ministers of Foreign Affairs. The respective
Protocols of Accession will enter into force
30 days after the completion of the
ratification process by all Members States
and the acceding State.
Article 21
Dispute Settlement
Any dispute that may emerge between States
Parties regarding the interpretation or
implementation of the provisions of this
Constitutive Treaty will be settled through
direct negotiations.
In the case where a solution is not reached
through direct negotiation, the Member
States involved will submit the dispute for
the consideration of the Council of
Delegates, which will formulate within 60
days, the appropriate recommendations for
the settlement of the dispute.
If a solution is not reached by the Council
of Delegates, the dispute will be taken to
the Council of Ministers of Foreign Affairs,
which will consider it at its next meeting.
Article 22
Privileges and Immunities
UNASUR shall enjoy in the territory of each
of its Member States, the privileges and
immunities necessary for the fulfilment of
its functions.
The representatives of the Member States of
UNASUR and the international employees of
UNASUR will therefore benefit from the
privileges and immunities necessary for the
independent exercise of their functions with
relation to this Treaty.
UNASUR shall establish with the Republic of
Ecuador the corresponding Headquarters
Agreement which will establish the specific
privileges and immunities.
Article 23
Languages
The official languages of the Union of South
American Nations will be English, Spanish,
Portuguese and Dutch.
Article 24
Validity and Denunciation
This treaty will have an indefinite validity.
It may be denounced by any of the Member
States by means of a written notification to
the Depositary, which shall communicate such
notification to the other Member States.
The denunciation will have effect six (6)
months after the date in which the
notification is received by the Depositary.
The notification of the denunciation shall
not exempt the Member State of the
obligation to pay outstanding ordinary
contributions.
Article 25
Amendments
Any Member State may propose amendments to
this Constitutive Treaty. The proposed
amendments will be communicated to the
General Secretariat which shall notify the
other Member States for its consideration by
the bodies of UNASUR.
The amendments approved by the Council of
Heads of State and Government will follow
the procedure established in article 26 for
entry into force.
Article 26
Entry Into Force
The present Constitutive Treaty of the Union
of South American Nations will enter into
force thirty days after the date of receipt
of the 9th instrument of ratification.
The instruments of ratification will be
deposited before the Government of the
Republic of Ecuador, which will communicate
the date of deposit to the other States, as
well as the date of entry into force of this
Constitutive Treaty.
For the Member State which ratifies the
Constitutive Treaty after the deposit of the
9th instrument of ratification, the Treaty
will enter into force 30 days after the date
in which that State deposits its instrument
of ratification.
Article 27
Registration
This Constitutive Treaty and its amendments
will be registered at the United Nations
Secretariat.
Transitory Article
The Parties agree to appoint a Special
Commission, coordinated by the Council of
Delegates and composed of representatives of
the National, Regional and Subregional
Parliaments, with the objective of preparing
a draft of an Additional Protocol which will
be considered in the IV Summit of Heads of
State and Government. This Commission will
meet in the city of Cochabamba. Such an
Additional Protocol will determine the
composition, attributions and functioning of
the South American Parliament.
Done in the city of Brasilia, Brazil, on the
23rd day of the month of May of the year
2008, in original copies in the English,
Spanish, Portuguese and Dutch languages, the
four texts being equally authentic.
