The Governments of Bolivia, Colombia,
Ecuador, Peru, and Venezuela,
REAFFIRMING the Cartagena
Agreement, which states that the Member
Countries agree to sign the Subregional
Integration Agreement "Founded on principles
of equality, justice, peace, solidarity, and
democracy";
STRESSING that the Andean
Community is a community of democratic nations
that have shown a sustained will to promote
democratic living and the constitutional state,
both in the Andean Subregion and in Latin
America and Caribbean ever since the birth of
their integration movement;
ASSERTING that the aim of
the Andean Community’s political action and of
its common foreign policy is to develop,
improve, and consolidate democracy and the
constitutional state; and
RATIFYING the Presidential
Declaration on the Andean Community Commitment
to Democracy, signed in Bogota on August 7,
1998,
AGREE as follows:
ARTICLE 1
Democratic institutions and
a constitutional state that are fully
effective are essential to the political
cooperation and the process of economic,
social, and cultural integration carried out
within the framework of the Cartagena
Agreement and of other instruments of the
Andean Integration System.
ARTICLE 2
The provisions of this
Protocol shall be applicable if the democratic
order is disrupted in any of the Member
Countries
ARTICLE 3
In the event of
developments that could be considered a
disruption of the democratic order in any
Member Country, the other Andean Community
Member Countries shall consult with each other
and, if possible, with the country involved in
order to examine the nature of those
developments.
ARTICLE 4
If the consultations cited
in the previous Article so establish it, the
Council of Foreign Ministers shall be convened
to ascertain whether the developments in
question constitute a disruption of the
democratic order, in which case appropriate
measures shall be adopted for its prompt
reestablishment
These measures specifically
concern the relations and commitments deriving
from the Andean integration process. They
shall be taken in accordance with the
seriousness and the evolution of political
developments in the country in question and
shall include:
- Suspension of the Member Country’s
participation in any of the bodies of the
Andean Integration System;
- Suspension of its participation in the
international cooperation projects carried
out by the Member Countries;
- Extension of the suspension to other
System bodies, including its
disqualification by Andean financial
institutions from obtaining access to
facilities or loans;
- Suspension of rights to which it is
entitled under the Cartagena Agreement and
of the right to coordinate external action
in other spheres; and
- Other measures and actions that are
deemed pertinent under International Law.
ARTICLE 5
The measures cited in the
previous article shall be adopted by the
Andean Council of Foreign Ministers through a
Decision, without the participation of the
Member Country involved. That Decision shall
become effective on the date of its approval
and the country in question shall be notified
immediately thereof.
ARTICLE 6
Without prejudice to the
foregoing, the Governments of the Member
Countries shall continue to take diplomatic
steps to bring about the reestablishment of
democratic order in the Member Country in
question.
ARTICLE 7
Measures adopted pursuant
to Article 4 shall cease through a Decision
once the Andean Council of Foreign Ministers
ascertains that democratic order has been
reestablished in the Member Country in
question.
ARTICLE 8
The Andean Community shall
seek to incorporate a democratic clause in the
agreements it signs with third parties, in
accordance with the criteria set out in this
Protocol.
ARTICLE 9
This Protocol shall enter
into force when all of the Member Countries
have deposited their respective instruments of
ratification with the General Secretariat of
the Andean Community.
Done at Oporto, Portugal on
the twenty-seventh of October of nineteen
ninety-eight, in five original copies, all
equally authentic.
For the Republic of Bolivia
For the Republic of Colombia
For the Republic of Ecuador
For the Republic of Peru
For the Republic of Venezuela
