Covenant of the Mercosur on promotion and protection of Human Rights

On July 3, 2006 Law No 26,109 was published approving the Protocol of Asuncion on Commitment with Promotion and Protection of Human Rights in Mercosur, signed on June 20, 2005 (the “Protocol”).

According to the Protocol, Argentina, Brazil, Paraguay and Uruguay, considering that the full strength of the democratic institutions and respect for human rights and basic liberties are essential for the strength and evolution of the integration process between these countries, agreed to cooperate for the promotion and effective protection of human rights and fundamental liberties through the institutional steps established in the Mercosur.

The Protocol applies in case of severe and systematic violations of human rights and fundamental liberties in one of the signing States, in situations of institutional crisis or during states of exception previewed in the respective Constitution.

The Countries will hold conversations between themselves and the affected Country. If not successful, the other countries will consider the nature and measures to apply, taking into account the gravity of the existing situation. Such measures include from the suspension of the right to participate in the organization of the integration process, to the suspension of emerging rights.

Such measures will be adopted by consensus between member countries unaffected and will cease when the affected country communicates that the causes motivating the measures have been corrected.

The Protocol expressly provides for the possibility to be joined by the associated countries to the Mercosur (Bolivia, Chile, Ecuador and Peru) and will come into force 30 days after the deposit of the instrument of ratification by the fourth member country of the Mercosur. Venezuela has become a full member of the Mercosur.

Argentina is the only country that has incorporated the Protocol to its national legislation, via Law No 26,105. For the moment, no country has deposited the instrument of ratification. In other words, to date, the application of the Protocol is subject to its ratification by four member countries of the Mercosur.