TREATY FOR AMAZONIAN COOPERATION
Brasilia, 3 July 1978
The Republics of Bolivia, Brazil, Colombia Ecuador,
Guyana, Peru, Suriname and Venezuela,
Conscious of the importance of each one of the
Parties of their respective Amazonian regions as an
integral part of their respective territories,
Inspired by the common aim of pooling the efforts
being made, both within their respective territories as
well as among themselves, to promote the harmonious
development of the Amazon region, to permit an equitable
distribution of the benefits of said development among
the Contracting Parties so as to raise the standard of
living of their peoples and so as to achieve total
incorporation of their Amazonian territories into their
respective national economies,
Conscious of the usefulness of sharing national
experience in matters pertaining to the promotion of
regional development,
Considering that, so as to achieve overall
development of their respective Amazonian territories,
it is necessary to maintain a balance between economic
growth and conservation of the environment,
Conscious that both socio-economic development as
well as conservation of the environment are
responsibilities inherent in the sovereignty of each
State, and that co-operation among the Contracting
Parties shall facilitate fulfillment of these
responsibilities, by continuing and expanding the joint
efforts being made for the ecological conservation of
the Amazon region,
Confident that co-operation among the Latin American
nations, on specific matters which they have in common
shall contribute to progress on the road towards the
integration and solidarity of all Latin America,
Convinced that this Treaty represents the beginning
of a process of co-operation which shall benefit their
respective countries and the Amazon region as a whole,
Resolve to sign the following Treaty:
Article I
The Contracting Parties agree to undertake joint
actions and efforts to promote the harmonious
development of their respective Amazonian territories in
such a way that these joint actions produce equitable
and mutually beneficial results and achieve also the
preservation of the environment, and the conservation
and rational utilization of the natural resources of
these territories .
Paragraph: To this end, they would exchange
information and prepare operational agreements and
understandings as well as the pertinent legal
instruments which will permit the aims of the present
Treaty to be attained.
Article II
This Treaty shall be in force in the territories of
the Contracting Parties in the Amazonian Basin as well
as in any territory of a Contracting Party which, by
virtue of its geographical, ecological or economic
characteristics is considered closely connected with
that Basin.
Article III
In accordance with and without prejudice to the
rights granted by unilateral acts, to the provisions of
bilateral treaties among the Parties and to the
principles and rules of International Law, the
Contracting Parties mutually guarantee on a reciprocal
basis that there shall be complete freedom of commercial
navigation on the Amazon and other international
Amazonian rivers, observing the fiscal and police
regulations in force now or in the future within the
territory of each. Such regulations should, insofar as
possible, be uniform and favour said navigation and
trade.
Paragraph: This article shall not apply to cabotage
.
Article IV
The Contracting Parties declare that the exclusive use
and utilization of natural resources within their
respective territories is a right inherent in the
sovereignty of each state and that the exercise of this
right shall not be subject to any restrictions other
than those arising from International Law.
Article V
Taking account of the importance and multiplicity of
the functions which the Amazonian rivers have in the
process of economic and social development of the
region, the Contracting Parties shall make efforts aimed
at achieving rational utilization of the hydro
resources.
Article VI
In order to enable the Amazonian rivers to become an
effective communication link among the Contracting
Parties and with the Atlantic Ocean, the riparian states
interested in any specific problem affecting free and
unimpeded navigation shall, as circumstances may
warrant, undertake national, bilateral or multilateral
measures aimed at improving and making the said rivers
navigable.
Paragraph: For this purpose they shall carry out
studies into the means for eliminating physical
obstacles to the said navigation as well as the economic
and financial implications so as to put into effect the
most appropriate operational measures.
Article VII
Taking into account the need for the exploitation of
the flora and fauna of the Amazon region to be
rationally planned so as to maintain the ecological
balance within the region and preserve the species, the
Contracting Parties decide
to:
a) Promote scientific research and exchange information
and technical personnel among the competent agencies
within the respective countries so as to increase their
knowledge of the flora and fauna of their Amazon
territories and prevent and control diseases in said
territories.
b) Establish a regular system for the proper exchange of
information on the convervationist measures adopted or
to be adopted by each State in its Amazonian
territories; these shall be the subject of an annual
report to be presented by each country.
Article VIII
The Contracting Parties decide to promote
coordination of the present health services in their
respective Amazonian territories and to take other
appropriate measures to improve the sanitary conditions
in the region and perfect methods for preventing and
combating epidemics.
Article IX
The Contracting Parties agree to establish close co-
operation in the fields of scientific and technological
research, for the purpose of creating more suitable
conditions for the acceleration of the economic and
social development of the region.
Paragraph One: For the purposes of this Treaty, the
technical and scientific co-operation among the
Contracting Parties may be as follows:
a) Joint or co-ordinated implementation of research and
development programmes;
b) Creation and operation of research institutions or
centres for improvement and experimental production;
c) Organization of seminars and conferences, exchange of
information and documentation, and organization of means
for their dissemination.
Paragraph Two: The Contracting Parties may,
whensoever they deem it necessary and convenient,
request the participation of international agencies in
the execution of studies; programmes and projects
resulting from the forms of technical and scientific co-
operations defined in Paragraph One of this Article.
Article X
The Contracting Parties agree on the advisability of
creating a suitable physical infrastructure among their
respective countries, especially in relation to
transportation and communications. They therefore
undertake to study the most harmonious ways of
establishing or improving road, river, air and
telecommunication links bearing in mind the plans and
programmes of each country aimed at attaining the
priority goal of fully incorporating those respective
Amazonian territories into their respective national
economies.
Article XI
In order to increase the rational utilisation of the
human and natural resources of their respective
Amazonian territories, the Contracting Parties agree to
encourage joint studies and measures aimed at promoting
the economic and social development of said territories
and generating complementary methods for reinforcing the
actions envisaged in the national plans of their
respective territories
Article XII
The Contracting Parties recognise the benefit to be
derived by developing, under equitable and mutually
beneficial conditions, retail trade of products for
local consumption among the respective Amazonian border
populations, by means of suitable bilateral or
multilateral agreements.
Article XIII
The Contracting Parties shall co-operate to increase
the flow of tourists, both national and from third
countries, in their respective Amazonian territories,
without prejudice to national regulations for the
protection of indigenous cultures and natural resources.
Article XIV
The Contracting Parties shall co-operate in ensuring
that measures adopted for the conservation of
ethnological, and archeological wealth of the Amazon
region are effective.
Article XV
The Contracting Parties shall seek to maintain a
permanent exchange of information and co-operation among
themselves and with the agencies for Latin American co-
operation in the areas pertaining to matters covered by
this Treaty.
Article XVI
The decisions and commitments adopted by the
Contracting Parties under this Treaty shall not be to
the detriment of projects and undertakings executed
within their respective territories, according to
International Law and fair practice between neighbouring
and friendly countries.
Article XVII
The Contracting Parties shall present initiatives
for undertaking studies for the elaboration of
programmes of common interest for developing their
Amazonian territories and in general terms provide for
the fulfillment of the actions contemplated in the
present Treaty.
Paragraph: The Contracting Parties agree to give
special attention to the consideration of initiatives
presented by the least developed countries which require
joint action and efforts by the Contracting Parties.
Article XVIII
Nothing contained in this Treaty shall in any way
limit the rights of the Contracting Parties to conclude
bilateral or multilateral agreements on specific or
generic matters, provided that these are not contrary to
the achievement of the common aims for co-operation in
the Amazonian region stated in this instrument.
Article XIX
Neither the signing of this Treaty nor its execution
shall have any effect on any other international
treaties in force between the Parties nor on any
differences with regard to limits or territorial rights
which may exist between the Parties nor shall the
signing or implementation of this Treaty be interpreted
or invoked to imply acceptance or renunciation,
affirmation or modification, direct or indirect, express
or tacit, or the position or interpretation that each
Contracting Party may hold on these matters.
Article XX
Notwithstanding the fact that more adequate
frequency for meetings can be established at a later
date, the Ministers of Foreign Affairs of the
Contracting Parties shall convene meetings when deemed
opportune or advisable, in order to establish the basic
guidelines for common policies for assessing and
evaluating the general development or the process of
Amazonian co-operation and for taking decisions designed
to carry out the aims set out in this document.
Paragraph One: Meetings of Foreign Affairs Ministers
shall be convened at the request of any of the
Contracting Parties, provided that the request has the
support of no fewer than four Member States.
Paragraph Two: The first meeting of Foreign Affairs
Ministers shall be held within a period of two years
following the date of entry into force of this Treaty.
The venue and date of the first meeting shall be
established by agreement among the Ministries of Foreign
Affairs of the Contracting Parties.
Paragraph Three: Designation of the host country for
the meetings shall be by rotation and in alphabetical
order.
Article XXI
The Amazonian Co-operation Council comprising of top
level diplomatic representatives shall meet once a year.
Its duties shall be as follows:
1. To ensure that the aims and objectives of the Treaty
are complied with.
2. To be responsible for carrying out the decisions
taken at meetings of Foreign Affairs Ministers.
3. To recommend to the Parties the advisability and the
appropriateness of convening meetings of Foreign Affairs
Ministers and of drawing-up the corresponding Agenda.
4. To take under consideration initiatives and plans
presented by the Parties as well as to adopt decisions
for undertaking bilateral or multilateral studies and
plans, the execution of which as the case may be, shall
be the duty of the Permanent National Commissions.
5. To evaluate the implementation of plans of bilateral
or multilateral interest.
6. To draw-up the Rules and Regulations for its proper
functioning.
Paragraph One: The Council shall hold special
meetings through the initiative of any of the
Contracting Parties with the support of the majority of
the rest.
Paragraph Two: The venue of regular meetings shall
be rotated in alphabetical order among the Contracting
Parties.
Article XXII
The functions of the Secretariat shall be performed
pro tempore by the Contracting Party in whose territory
the next regular meeting of the Amazonian Co-operation
Council is scheduled to be held.
Paragraph Three: The pro tempore Secretariat shall
send the pertinent documentation to the Parties.
Article XXIII
The Contracting Parties shall create Permanent
National Commissions charged with enforcing in their
respective territories the provisions set out in this
Treaty, as well as carrying out the decisions taken at
meetings of Foreign Affairs Ministers and by the
Amazonian Co-operation Council, without jeopardizing
other tasks assigned them by the State.
Article XXIV
Whenever necessary, the Contracting Parties may set
up special Commissions to study specific problems or
matters related to the aims of this Treaty.
Article XV
Decisions at meetings held in accordance with
Articles XX and XXI shall always require the unanimous
vote of the Member Countries of this Treaty. Decisions
made at meetings held in accordance with Article XXIV
shall always require the unanimous vote of the
participating countries.
Article XXVI
The Contracting Parties agree that the present
Treaty shall not be susceptible to interpretative
reservation or statements.
Article XXVII
This Treaty shall remain in force for an unlimited
period of time, and shall not be open to adherence.
Article XXVIII
This Treaty shall be ratified by all the Contracting
Parties and the instruments of ratification shall be
deposited with the Government of the Federative Republic
of Brazil.
Paragraph One: This Treaty shall become effective
thirty days after the last instrument of ratification
has been deposited by the Contracting Parties.
Paragraph Two: The intention to denounce this Treaty
shall be communicated by a Contracting Party to the
remaining Contracting Parties at least ninety days prior
to formal delivery of the instrument of denunciation to
the Government of the Federative Republic of Brazil.
This Treaty shall cease to have effect for the
Contracting Party denouncing it one year after the
denunciation has been formalized.
Paragraph Three: This Treaty shall be drawn up in
English, Dutch, Portuguese and Spanish, all having equal
validity.
In witness whereof the undersigned Ministers of
Foreign Affairs have signed the present Treaty.
Executed in the city of Brasilia, on July 3, 1978,
to be deposited in the archives of the Ministry of
Foreign Affairs of Brazil which shall provide the other
signatory countries with true copies.