Association of Southeast Asian Nations
Preamble
CHAPTER I
: PURPOSE AND PRINCIPLES
CHAPTER
II : AMITY
CHAPTER
III : COOPERATION
CHAPTER
IV : PACIFIC SETTLEMENT OF DISPUTES
CHAPTER V :
GENERAL PROVISIONS
The High Contracting Parties :
CONSCIOUS of the existing ties 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 or 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
aftitudes 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:
CHAPTER I : 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,
territorial integrity and national identity of all nations;
b. The right of every State to lead its national existence free
from external interference, subversion or coersion;
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.
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 fulfill 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.
Article 4
The High Contracting Parties shall promote active cooperation in
the economic, social, technical, scientific and administrative
fields as well as in matters of common ideals and aspiration 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
infrastructure 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 Parties shall not in any manner of form
participate in any activity which shall constitute a treat 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,
sociocultural 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 of solidarity which will constitute the foundation
for a strong and viable community of nations in Southeast Asia.
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 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 provision 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(l) of the Charter of
the United Nations. The High Contracting Parties which are
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.
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 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.
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 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.