TREATYOF AMITY AND COOPERATION IN SOUTHEAST ASIA("Off. Herald of RS - Treaties", No. 6/2023) |
PREAMBLE
The High Contracting Parties:
CONSCIOUS of the existing tics of history, geography and culture, which have bound their peoples together;
ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule of law and enhancing regional resilience in their relations;
DESIRING to enhance peace, friendship and mutual cooperation on matters affecting Southeast Asia consistent with the spirit and principles of the Charter of the United Nations, the Ten Principles adopted by the Asian-African Conference in Bandung on 25 April 1955, the Declaration of the Association of Southeast Asian Nations signed in Bangkok on 8 August 1967, and the Declaration signed in Kuala Lumpur on 27 November 1971;
CONVINCED that the settlement of differences or disputes between their countries should be regulated by rational, effective and sufficiently flexible procedures, avoiding negative attitudes which might endanger or hinder cooperation;
BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
SOLEMNLY AGREE to enter into a Treaty of Amity and Cooperation as follows:
PURPOSE AND PRINCIPLES
Article 1
The purpose of this Treaty is to promote perpetual peace, everlasting amity and cooperation among their peoples which would contribute to their strength, solidarity and closer relationship.
Article 2
In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles :
a. Mutual respect for the independence, sovereignty, equality, territorialintegrity and national identity of all nations;
b. The right of every State to lead its national existence free from externalinterference, subversion or coercion;
c. Non-interference in the internal affairs of one another;
d. Settlement of differences or disputes by peaceful means;
e. Renunciation of the threat or use of force;
f. Effective cooperation among themselves.
AMITY
Article 3
In pursuance of the purpose of this Treaty the High Contracting Parties shall endeavour to develop and strengthen the traditional, cultural and historical ties of friendship, good neighbourliness and cooperation which bind them together and shall fulfil in good faith the obligations assumed under this Treaty. In order to promote closer understanding among them, the High Contracting Parties shall encourage and facilitate contact and intercourse among their peoples.
COOPERATION
Article 4
The High Contracting Parties shall promote active cooperation in the economic, social, cultural, technical, scientific and administrative fields as well as in matters of common ideals and aspirations of international peace and stability in the region and all other matters of common interest.
Article 5
Pursuant to Article 4 the High Contracting Parties shall exert their maximum efforts multilaterally as well as bilaterally on the basis of equality, non-discrimination and mutual benefit.
Article 6
The High Contracting Parties shall collaborate for the acceleration of the economic growth in the region in order to strengthen the foundation for a prosperous and peaceful community of nations in Southeast Asia. To this end, they shall promote the greater utilization of their agriculture and industries, the expansion of their trade and the improvement of their economic infra-structure for the mutual benefit of their peoples. In this regard, they shall continue to explore all avenues for close and beneficial cooperation with other States as well as international and regional organisations outside the region.
Article 7
The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance.
Article 8
The High Contracting Parties shall strive to achieve the closest cooperation on the widest scale and shall seek to provide assistance to one another in the form of training and research facilities in the social, cultural, technical, scientific and administrative fields.
Article 9
The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace, harmony and stability in the region. To this end, the High Contracting Parties shall maintain regular contacts and consultations with one another on international and regional matters with a view to coordinating their views, actions and policies.
Article 10
Each High Contracting Party shall not in any manner or form participate in any activity which shall constitute a threat to the political and economic stability, sovereignty, or territorial integrity of another High Contracting Party.
Article 11
The High Contracting Parties shall endeavour to strengthen their respective national resilience in their political, economic, socio-cultural as well as security fields in conformity with their respective ideals and aspirations, free from external interference as well as internal subversive activities in order to preserve their respective national identities.
Article 12
The High Contracting Parties in their efforts to achieve regional prosperity and security, shall endeavour to cooperate in all fields for the promotion of regional resilience, based on the principles of self-confidence, self-reliance, mutual respect, cooperation and solidarity which will constitute the foundation for a strong and viable community of nations in Southeast Asia.
PACIFIC SETTLEMENT OF DISPUTES
Article 13
The High Contracting Parties shall have the determination and good faith to prevent disputes from arising, in case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.
Article 14
To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony.
Article 15
In the event no solution is reached through direct negotiations, the High Council shall take cognizance of the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good offices, or upon agreement of the parties in dispute, constitute itself into a committee of mediation, inquiry or conciliation. When deemed necessary, the High Council shall recommend appropriate measures for the prevention of a deterioration of the dispute or the situation.
Article 16
The foregoing provisions of this Chapter shall not apply to, a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance.
Article 17
Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33 (1) of the Charter of the United Nations. The High Contracting Parties which arc parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the Charter of the United Nations.
GENERAL PROVISIONS
Article 18
This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom ofThailand. It shall be ratified in accordance with the constitutional proceduresof each signatory State.
It shall be open for accession by other States in Southeast Asia.
Article 19
This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the Governments of the signatory States which are designated Depositories of this Treaty and of the instruments of ratification or accession.
Article 20
This Treaty is drawn up in the official languages of the High Contracting Parties, all of which are equally authoritative. There shall be an agreed common translation of the texts in the English language. Any divergent interpretation of the common text shall be settled by negotiation.
IN FAITH THEREOF the High Contracting Parties have signed the Treaty and have hereto affixed their Seals.
DONE at Denpasar, Bali, this twenty-fourth day of February in the year one thousand nine hundred and seventy-six.
Untuk Republik Indonesia |
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BagiPihak Republik Indonesia |
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Para sa Republika ng Indonesya |
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Soeharto |
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President |
For the Republic of Indonesia |
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Untuk Malaysia |
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Bagi Pihak Malaysia |
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Para sa Malaysia |
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Datuk Hussein Onn |
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Prime Minister |
For Malaysia |
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Untuk Republik Pilipina |
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Bagi Pihak Republik Filipina |
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Para sa Republika ng Pilipinas |
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Ferdinand E. Marcos |
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President |
For the Republic of the Philippines |
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Untuk Republic Singapura |
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Bagi Pihak Republik Singapura |
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Para sa Republika ng Singapore |
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Lee Kuan Yew |
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Prime Minister |
For the Republic of Singapore |
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Untuk Kerayan Thailand |
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Bagi Pihak Thailand |
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Para Sa Kaharian Ng Thailand |
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Kukrit Pranoj |
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Prime Minister |
For the Kingdom of Thailand |
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PROTOCOL AMENDING THE TREATY OF AMITY
AND COOPERATION IN SOUTHEAST ASIA
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THE GOVERNMENT OF BRUNEI DARUSSALAM
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
THE GOVERNMENT OF MALAYSIA
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE, AND
THE GOVERNMENT OF THE KINGDOM OF THAILAND
DESIRING to further enhance cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighbouring States of the Southeast Asia region;
CONSIDERING Paragraph 5 of the Preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity), which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
Article 1
Article 18 of the Treaty of Amity shall be amended to read as follows: -
"This Treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory State.
It shall be open for accession by other States in Southeast Asia.
States outside Southeast Asia may also accede to this Treaty by the consent of all the States in Southeast Asia which are signatories to this Treaty and Brunei Darussalam."
Article 2
Article 14 of the Treaty of Amity shall be amended to read as follows:-
"To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony.
However, this article shall apply to any of the States outside Southeast Asia which have acceded to the Treaty only in cases where that State is directly involved in the dispute to be settled through the regional processes."
Article 3
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.
Done at Manila, the fifteenth day of December in the year one thousand nine hundred and eighty-seven.
For Brunei Darussalam: |
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H.R.H. PRINCE MOHAMED BOLKIAH |
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Minister for Foreign Affairs |
For the Republic of Indonesia: |
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DR. MOCHTAR KUSUMA-ATMADJA |
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Minister of Foreign Affairs |
For Malaysia: |
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DATO HAJI ABU HASSAN HAJI OMAR |
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Minister of Foreign Affairs |
For the Republic of the Philippines: |
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RAUL S. MANGLAPUS |
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Secretary of Foreign Affairs |
For the Republic of Singapore: |
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S. DHANABALAN |
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Minister for Foreign Affairs |
For the Kingdom of Thailand: |
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AIR CHIEF MARSHAL SIDDHI SAVETSILA |
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Minister of Foreign Affairs |
SECOND PROTOCOL AMENDING THE TREATY OF AMITY
AND COOPERATION IN SOUTHEAST ASIA
The Government of Brunei Darussalam
The Government of the Kingdom of Cambodia
The Government of the Republic of Indonesia
The Government of the Lao People’s Democratic Republic
The Government of Malaysia
The Government of the Union of Myanmar
The Government of the Republic of the Philippines
The Government of the Republic of Singapore
The Government of the Kingdom of Thailand
The Government of the Socialist Republic of Vietnam
The Government of Papua New Guinea
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations, both within and outside Southeast Asia and, in particular, neighboring States of the Southeast Asia region;
CONSIDERING Paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony.
HEREBY AGREE TO THE FOLLOWING:
Article I
Article 18, Paragraph 3, of the Treaty of Amity shall be amended to read as follows:
"States outside Southeast Asia may also accede to this Treaty with the consent
Of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Vietnam."
Article 2
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.
DONE at Manila, the twenty-fifth day of July in the year one thousand nine hundred and ninety-eight.
For Brunei Darussalam: PRINCE MOHAMED BOLKIAH |
For the Union of Myanmar: U OHN GYAW |
For the Kingdom of Cambodia: CHEM WIDHYA |
For the Republic of the Philippines: DOMINGO L. SIAZON, JR. |
For the Republic of Indonesia: ALI ALATAS |
For the Republic of Singapore: S JAYAKUMAR |
For the Lao People`s Democratic Republic: SOMSAVAT LENGSAVAD |
For the Kingdom of Thailand: SURIN PITSUWAN |
For Malaysia: DATUK SERIABDULLAH |
For the Socialist Republic of Vietnam: NGUYEN MANH CAM |
For Papua New Guinea: ROY YAKI |
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THIRD PROTOCOL AMENDING THE TREATY OF AMITY
AND COOPERATION IN SOUTHEAST ASIA
Brunei Darussalam
The Kingdom of Cambodia
The Republic of Indonesia
The Lao People’s Democratic Republic
Malaysia
The Union of Myanmar
The Republic of the Philippines
The Republic of Singapore
The Kingdom of Thailand
The Socialist Republic of Viet Nam
The Commonwealth of Australia
The People’s Republic of Bangladesh
The People’s Republic of China
The Democratic People’s Republic of Korea
The French Republic
The Republic of India
Japan
Mongolia
New Zealand
The Islamic Republic of Pakistan
Papua New Guinea
The Republic of Korea
The Russian Federation
The Democratic Socialist Republic of Sri Lanka
The Democratic Republic of Timor-Leste
The Republic of Turkey
The United States of America
Hereinafter referred to as the High Contracting Parties:
DESIRING to ensure that there is appropriate enhancement of cooperation with all peace-loving nations both within and outside Southeast Asia, in particular, neighbouring States of the Southeast Asian region, as well as with regional organisations whose members are only sovereign States;
CONSIDERING Paragraph 5 of the preamble of the Treaty of Amity and Cooperation in Southeast Asia, done at Denpasar, Bali, on 24 February 1976 (hereinafter referred to as the Treaty of Amity) which refers to the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace, stability and harmony;
HEREBY AGREE TO THE FOLLOWING:
ARTICLE 1
Article 18, Paragraph 3, of the Treaty of Amity shall be amended to read as follows:
"This Treaty shall be open for accession by States outside Southeast Asia and regional organisations whose members are only sovereign States subject to the consent of all the States in Southeast Asia, namely, Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam."
ARTICLE 2
Article 14, Paragraph 2, of the Treaty of Amity shall be amended to read as follows:
"However, this article shall apply to any of the High Contracting Parties outside Southeast Asia only in cases where that High Contracting Party is directly involved in the dispute to be settled through the regional processes."
ARTICLE 3
This Protocol shall be subject to ratification and shall come into force on the date the last instrument of ratification of the High Contracting Parties is deposited.
DONE at Ha Noi, Viet Nam, on the Twenty-Third Day of July in the Year Two Thousand and Ten, in a single copy in the English language.
For Brunei Darussalam:
MOHAMED BOLKIAH
Minister of Foreign Affairs and Trade
For the Kingdom of Cambodia:
HOR NAMHONG
Deputy Prime Minister and
Minister of Foreign Affairs and International Cooperation
For the Republic of Indonesia:
DR. R.M. MARTY M. NATALEGAWA
Minister for Foreign Affairs
For the Lao People’s Democratic Republic:
DR. THONGLOUN SISOULITH
Deputy Prime Minister and Minister of Foreign Affairs
For Malaysia:
DATO` SRI ANIFAH AMAN
Minister of Foreign Affairs of Malaysia
For the Union of Myanmar:
NYAN WIN
Minister for Foreign Affairs
For the Republic of the Philippines:
ERLINDA F. BASILIO
Undersecretary of Foreign Affairs
For the Republic of Singapore:
GEORGE YONG-BOON YEO
Minister for Foreign Affairs
For the Kingdom of Thailand:
KASIT PIROMYA
Minister of Foreign Affairs
For the Socialist Republic of Viet Nam:
DR. PHAM GIA KHIEM
Deputy Prime Minister and Minister of Foreign Affairs
For the Commonwealth of Australia:
GILLIAN BIRD
Ambassador to ASEAN
For the People’s Republic of Bangladesh:
DIPU MONI NAWAZ
Minister of Foreign Affairs
For the People’s Republic of China:
YANG JIECHI
Minister of Foreign Affairs
For the Democratic People’s Republic of Korea:
PAK UI-CHUN
Minister of Foreign Affairs
For the French Republic:
JEAN-FRANÇOIS GIRAULT
Ambassador Extraordinary and Plenipotentiary to Viet Nam
For the Republic of India:
PRENEET KAUR
Minister of State for External Affairs
For Japan:
KATSUYA OKADA
Minister for Foreign Affairs
For Mongolia:
ZANDANSHATAR GOMBOJAV
Minister for Foreign Affairs and Trade
For New Zealand:
MURRAY McCULLY
Minister of Foreign Affairs
For the Islamic Republic of Pakistan:
MAKHDOOM SHAH MAHMOOD QURESHI
Minister of Foreign Affairs
For the Papua New Guinea:
CHRISTOPHER S. MERO
Special Envoy of Minister of Foreign Affairs, Trade and Immigration
For the Republic of Korea:
YU MYUNG-HWAN
Minister of Foreign Affairs and Trade
For the Russian Federation:
SERGEY LAVROV
Minister of Foreign Affairs
For the Democratic Socialist Republic of Sri Lanka:
GITANJANA GUNAWARDENA
Deputy Minister of External Affairs
For the Democratic Republic of Timor-Leste:
ZACARIAS ALBANO DA COSTA
Minister for Foreign Affairs
For the Republic of Turkey:
AHMET DAVUTOĞLU
Minister of Foreign Affairs
For the United States of America:
NILLARY RODHAM CLINTON
Secretary of State