TREATY OF AMITY AND COOPERATION

IN SOUTHEAST ASIA

 

PREAMBLE

 

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 April1955, the Declaration of the Association of Southeast Asian Nation signed in Bangkok on 8 August 1967, and the Declaration signed in Kualalumpur 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:

 

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 close relationship.

 

Article 2

 

In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles:

 

Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations;

 

The right of every State to lead its national existence free from external interference, subversion or coercion;

Non-interference in the internal affairs of one another;

 

Settlement of differences or disputes by peaceful means;

 

Renunciation of the threat or use of force;

 

Effective cooperation among themselves.

 

CHAPTER Ⅱ

 

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.

 

CHAPTER Ⅲ

 

COOPERATION

 

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 the 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 organizations outside the region.

 

Article 7

 

  The High Contracting Parties, in order 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 closet 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

 

The High Contracting Parties shall not in any manner of 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.

 

CHAPTER Ⅳ

 

PACIFIC SETTLEMENT FO 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 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 Counsil 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 Concil shall recommend appropriate measures for the prevention of a determination of the dispute ofr the situation.

 

Article 16

 

The foregong 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 (1) of the Chapter 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.

 

CHAPTER Ⅴ

 

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 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 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 Contra ting 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.

 

For the Republic of Indonesia          (sgd)  Soeharto.               President

 

For Malaysia                        (sgd) Datuk Hussein Onn.       Prime Minister

 

For The Republic of the Philippines     (sgd) Ferdinand E.Marcos.       President

 

For the Republic of Singapore          (sgd) Lee Kuan Yew            Prime Minister

 

For the Kingdom of Thailand          (sgd) Kukrit Pramoj.           Prime Minister

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