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Compilation of documents or texts adopted and used by various intergovernmental, international, regional and subregional organizations aimed at promoting and consolidating democracy


Ushuaia Protocol on Commitment to Democracy in Mercosur, The Republic of Bolivia and the Republic of Chile 24 July 1998

The Argentine Republic , the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, States Parties of MERCOSUR, and the Republic of Bolivia and the Republic of Chile , hereinafter referred to as "the States Parties"is Protocol,

Reaffirming the principles and objectives of the Treaty of Asunción and its protocols and the integration agreements concluded between MERCOSUR and the Republic of Bolivia and between MERCOSUR and the Republic of Chile ,

Reiterating the terms of the Presidential Declaration of La Leñas of 27 June 1992 , to the effect that the full implementation of democratic institutions is essential to the existence and development of MERCOSUR,

Ratifying the Presidential Declaration on Commitment to Democracy in MERCOSUR and the Protocol of Accession to that Declaration by the Republic of Bolivia and the Republic of Chile ,

Agree as follows :

Article 1

The full implementation of democratic institutions is an essential condition for the pursuit of the integration processes between the States Parties to this Protocol.

Article 2

This Protocol shall apply to the relations resulting from current integration agreements between the States Parties to this Protocol, in the event of a breach of the democratic order in any of them.

Article 3

Any breach of the democratic order in one of the State Parties to this Protocol shall give rise to the application of the procedures provided for in the following articles.

Article 4

In the event of a breach of the democratic order in a State Party to this Protocol, the other States Parties shall hold appropriate consultations among themselves and with the State concerned.

Article 5

If the consultations mentioned in the preceding article prove unsuccessful, the other States Parties to this Protocol shall, as appropriate in accordance with the integration agreements between them, consider the nature and scope of the measures to be applied, bearing in mind the gravity of the existing situation.

Such measures shall range from suspension of the right to participate in the various bodies of the respective integration processes to suspension of the rights and obligations arising therefrom.

Article 6

The measures provided for in article 5 above shall be adopted by consensus by the States Parties to this Protocol, as appropriate in accordance with the integration agreements between them, and communicated to the State concerned, which shall not participate in the decision-making process. These measures shall take effect on the date on which they are communicated.

Article 7

The measures referred to in article 5 and applied to the State Party concerned shall cease to have effect as of the date on which the States that adopted such measures notify that State Party of their agreement that the democratic order has been fully restored. Such notification shall take place as soon as the democratic order is actually restored.

Article 8

This Protocol is an integral part of the Treaty of Asunción and of the respective integration agreements concluded between MERCOSUR and the Republic of Bolivia and between MERCOSUR and the Republic of Chile .

Article 9

This Protocol shall apply to any integration agreements that may be concluded in the future between MERCOSUR and Bolivia , between MERCOSUR and Chile and among the six States Parties to this Protocol, which shall be expressly stated in these instruments.

Article 10

This Protocol shall enter into force for the States Parties of MERCOSUR 30 days after the date on which the fourth instrument of ratification is deposited with the Government of the Republic of Paraguay .

This Protocol shall enter into force for the States Parties of MERCOSUR and the Republic of Bolivia or the Republic of Chile, as appropriate, 30 days after the Office of the Secretary-General of the Latin American Integration Association (ALADI) has notified the other five signatories that the internal procedures for its incorporation in the respective national legislation have been completed in these Parties.

DONE at the city of Ushuaia , Argentina , on 24 July 1998 , in three originals in the Spanish and Portuguese languages, all texts being equally authentic.

 

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