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Through Which The "additional Protocol To The Treaty Of Unasur On Commitment To Democracy", Signed In Georgetown, Guyana, On 26 November 2010 Approved

Original Language Title: Por medio de la cual se aprueba el "Protocolo adicional al Tratado constitutivo de la Unasur sobre compromiso con la democracia", suscrito en Georgetown, Guyana, el 26 de noviembre de 2010

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ACT 1571

(August 2)

Official Journal No. 48,510 of 2 August 2012

CONGRESS OF THE REPUBLIC

By means of which the "Additional Protocol to the Treaty establishing the Unasur on Commitment to Democracy", signed in Georgetown, Guyana, is approved on November 26, 2010.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Additional Protocol to the Treaty establishing Unasur on Commitment to Democracy", signed in Georgetown, Guyana, on November 26, 2010, which reads:

(To be transcribed: photocopy of the full text of the above International Instruments is attached).

ADDITIONAL PROTOCOL TO THE TREATY ESTABLISHING UNASUR ON COMMITMENT TO DEMOCRACY

The Republic of Argentina, the Plurinational State 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 of Peru, Republic of Suriname, the Eastern Republic of Uruguay and the Bolivarian Republic of Venezuela.

WHEREAS the Constitutional Treaty of the Union of South American Nations states that the full validity of democratic institutions and the unrestricted respect of human rights are essential conditions for the construction of a common future of peace and economic and social prosperity and for the development of integration processes between Member States.

UNDERLINING the importance of the Buenos Aires Declaration of 1or October 2010 and the regional instruments that affirm the democratic commitment.

REITERATING our commitment to the promotion, defense and protection of the democratic order, the rule of law and its institutions, human rights and fundamental freedoms, including freedom of opinion and expression, as essential and indispensable conditions for the development of their integration process, and essential requirement for their participation in UNASUR.

AGREE:

ARTICLE 1o.

This Protocol shall apply in the event of a breach or threat of breach of the democratic order, a violation of the constitutional order or any situation that risks the legitimate exercise of the power and the validity of the values and democratic principles.

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ARTICLE 2o.

When one of the situations referred to in the previous article occurs, the Council of Heads of State and Government or, failing that, the Council of Ministers of Foreign Affairs will meet in extraordinary session. convened by the President Pro Tempore: ex officio, at the request of the State concerned or at the request of another UNASUR Member State.

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ARTICLE 3o.

The Council of Heads of State or in its absence the Council of Ministers of Foreign Affairs, meeting in extraordinary session will consider, in a consensual manner, the nature and scope of the measures to be applied, taking into account the relevant information collected on the basis of Article 4or of this Protocol and respecting the sovereignty and territorial integrity of the State concerned.

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ARTICLE 4o.

The Council of Heads of State and Government or, failing that, the Council of Foreign Ministers and Ministers of Foreign Affairs may establish, in the event of a breach or threat of a breach of the democratic order, among others, the measures that They are intended to restore the democratic institutional political process. Those measures shall enter into force on the date on which the respective decision is taken.

a) Suspension of the right to participate in the various bodies, and instances of UNASUR, as well as the enjoyment of rights and benefits under the Constitution of UNASUR.

b) Partial or total closure of land borders, including the suspension and/or limitation of trade, air and sea traffic, communications, energy provision, services and supplies.

c) Promote the suspension of the State concerned in the field of other regional and international organizations.

d) to promote, to third countries and/or regional blocs, the suspension of the rights and/or benefits of the State concerned, resulting from the cooperation agreements of which it was a party.

e) Adoption of additional political and diplomatic sanctions.

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ARTICLE 5o.

Jointly with the adoption of the measures referred to in Article 4or the Council of Heads of State and Government, or failing that, the Council of Foreign Ministers will interpose their good The European Union will make diplomatic efforts to promote the restoration of democracy in the country concerned. Such actions shall be carried out in coordination with those carried out in the implementation of other international instruments, on the defence of democracy.

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ARTICLE 6o.

When the constitutional government of a Member State considers that there is a threat of rupture or alteration of the democratic order seriously affecting it, it may refer to the Council of Heads of State and Government or to the Council of Ministers and Ministers of Foreign Affairs, through the Presidency Pro Tempore and/or the General Secretariat, in order to make the situation known and to require concerted concrete actions of cooperation and the pronouncement of UNASUR for the defense and preservation of its democratic institutionality.

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ARTICLE 7o.

The measures referred to in Article 4or applied to the Member State concerned shall cease from the date of communication to that State of the agreement of the States which adopted such measures, once verified. the full restoration of constitutional democratic order.

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ARTICLE 8o.

This Protocol is an integral part of UNASUR's Constitutive Treaty.

This Protocol shall enter into force 30 days after the date of receipt of the 9th instrument of its ratification.

The instruments of ratification shall be deposited with the Government of the Republic of Ecuador, which shall communicate the date of deposit to the other Member States, as well as the date of entry into force of this Protocol.

For the Member State ratifying this Protocol after the deposit of the 9th instrument of ratification, it shall enter into force 30 days after the date on which that Member State has deposited its instrument of ratification. ratification.

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ARTICLE 9o.

This Protocol shall be registered with the Secretariat of the United Nations.

Subscribed in the city of Georgetown, the Cooperative Republic of Guyana, at 26 days of the month of November 2010, in originals in the Spanish, English, Dutch and Portuguese languages, the four being equally authentic.

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THE UNDERSIGNED TREATY COORDINATOR OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA

CERTIFIES:

That the reproduction of the text above is a faithful and complete photocopy of the "Additional Protocol to the Unasur Treaty on Commitment to Democracy," in Georgetown, Guyana, on November 26 2010, a document that rests in the Archives of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of this Ministry.

Dada in Bogotá, D. C., at nineteen (19) days of July of two thousand eleven (2011).

ALEJANDRA VALENCIA GARTNER,

Treaties Work Internal Group Coordinator,

Directorate of International Legal Affairs.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., August 10, 2011

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

(Fdo.) JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

(Fdo.) Maria Angela Holguin Cuellar.

DECRETA:

Article 1o. I endorsed the "Additional Protocol to the Unasur Treaty on Commitment to Democracy," in Georgetown, Guyana, on November 26, 2010.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Additional Protocol to the Treaty establishing Unasur on Commitment to Democracy", in Georgetown, Guyana, on 26 November 2010, which is approved by Article 1 of this Law, shall force the country from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a los

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

BILL NUMBER 106

by means of which the "Additional Protocol to the Unasur Treaty on Commitment to Democracy," signed in Georgetown, Guyana, on November 26, 2010is approved.

The Congress of the Republic

Having regard to the text of the "by means of which the" Additional Protocol to the Treaty establishing Unasur on Commitment to Democracy " is approved, signed in Georgetown, Guyana, on November 26, 2010, says:

(To be transcribed: photocopy of the full text of the aforementioned Agreement, certified by the Coordinator of the Internal Legal Affairs Group of the International Legal Affairs Directorate of the Ministry of Foreign Affairs, document that is based on the files of that Ministry).

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., August 10, 2011

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

(Fdo.) JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

(Fdo.) Maria Angela Holguin Cuellar.

DECRETA:

Article 1o. I endorsed the "Additional Protocol to the Unasur Treaty on Commitment to Democracy," in Georgetown, Guyana, on November 26, 2010.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Additional Protocol to the Treaty establishing Unasur on Commitment to Democracy", in Georgetown, Guyana, on 26 November 2010, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to them is perfected.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 2 August 2012.

JUAN MANUEL SANTOS CALDERÓN

The Minister of the Interior,

FEDERICO RENGIFO VELEZ.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

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