"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Charter of the Organization of American States (OAS)

[Place]
[Date] June 10, 1993
[Source] Modern International Relations: Basic Documents, Volume 1, Kajima Institute of International Peace, pp.867-875.
[Notes] Signed: 30 April 1948, Last Amendment: 10 June 1993
[Full text]

(...)

Convinced that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;

Conscious that that mission has already inspired numerous agreements, whose essential value lies in the desire of the American peoples to live together in peace and, through their mutual understanding and respect for the sovereignty of each one, to provide for the betterment of all, in independence, in equality and under law;

Convinced that representative democracy is an indispensable condition for the stability, peace and development of the region; Confident that the true significance of American solidarity and good neighborliness can only mean the consolidation on this continent, within the framework of democratic institutions, of a system of individual liberty and social justice based on respect for the essential rights of man;

Persuaded that their welfare and their contribution to the progress and the civilization of the world will increasingly require intensive continental cooperation:

Resolved to persevere in the noble undertaking that humanity has conferred upon the United Nations, whose principles and purposes they solemnly reaffirm:

Convinced that juridical organization is a necessary condition for security and peace founded on moral order and on justice; and

In accordance with Resolution IX of the Inter-American Conference on Problems of War and Peace, held in Mexico City,

Have agreed upon the following.

Part I

Chapter I Nature and Purposes

Article 1 The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence. Within the United Nations, the Organization of American States is a regional agency.

The Organization of American States has no powers other than those expressly conferred upon it by this Charter, none of whose provisions authorizes it to intervene in matters that are within the internal jurisdiction of the Member States.

Article 2 The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes:

(a) To strengthen the peace and security of the continent;

(b) To promote and consolidate representative democracy, with due respect for the principle of nonintervention;

(c) To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States;

(d) To provide for common action on the part of those States in the event of aggression;

(e) To seek the solution of political, juridical, and economic problems that may arise among them;

(f) To promote, by cooperative action, their economic, social, and cultural development;

(g) To eradicate extreme poverty, which constitutes an obstacle to the full democratic development of the peoples of the hemisphere ; and

(h) To achieve an effective limitation of conventional weapons that will make it possible to devote the largest amount of resources to the economic and social development of the Member States.

Chapter 2 Principles

Article 3 The American States reaffirm the following principles:

(a) International law is the standard of conduct of States in their reciprocal relations;

(b) International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law;

(c) Good faith shall govern the relations between States;

(d) The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy;

(e) Every State has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State. Subject to the foregoing, the American States shall cooperate fully among themselves, independently of the nature of

their political, economic, and social systems;

(f) The elimination of extreme poverty is an essential part of the promotion and consolidation of representative democracy and is the common and shared responsibility of the American States;

(g) The American States condemn war of aggression: victory does not give rights:

(h) An act of aggression against one American State is an act of aggression against all the other American States;

(i) Controversies of an international character arising between two or more American States shall be settled by peaceful procedures;

(j) Social justice and social security are bases of lasting peace;

(k) Economic cooperation is essential to the common welfare and prosperity of the peoples of the continent;

(l) The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

(m) The spiritual unity of the continent is based on respect for the cultural values of the American countries and requires their close cooperation for the high purposes of civilization;

(n) The education of peoples should be directed toward justice, freedom, and peace.

Chapter 3 Members

Article 4 All American States that ratify the present Charter are Members of the Organization.

Article 5~Article 9 (...)

Chapter 4 Fundamental Rights and Duties of States

Article 10 States are juridically equal, enjoy equal rights and equal capacity to exercise these rights, and have equal duties. The rights of each State depend not upon its power to ensure the exercise thereof, but upon the mere fact of its existence as a person under international law.

Article 11 Every American State has the duty to respect the rights enjoyed by every other State in accordance with international law.

Article 12 The fundamental rights of States may not be impaired in any manner whatsoever.

Article 13 The political existence of the State is independent of recognition by other States. Even before being recognized, the State has the right to defend its integrity and independence, to provide for its preservation and prosperity, and consequently to organize itself as it sees fit, to legislate concerning its interests, to administer its services, and to determine the jurisdiction and competence of its courts. The exercise of these rights is limited only by the exercise of the rights of other States in accordance with international law.

Article 14 Recognition implies that the State granting it accepts the personality of the new State, with all the rights and duties that international law prescribes for the two States.

Article 15 The right of each State to protect itself and to live its own life does not authorize it to commit unjust acts against another State.

Article 16 The jurisdiction of States within the limits of their national territory is exercised equally over all the inhabitants, whether nationals or aliens.

Article 17 Each State has the right to develop its cultural, political, and economic life freely and naturally. In this free development, the State shall respect the rights of the individual and the principles of universal

morality.

Article 18 Respect for and the faithful observance of treaties constitute standards for the development of peaceful relations among States. International treaties and agreements should be public.

Article 19 No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. The foregoing principle prohibits not only armed force but also any other form of interference or attempted threat against the personality of the State or against its political, economic, and cultural elements.

Article 20 No State may use or encourage the use of coercive measures of an economic or political character in order to force the sovereign will of another State and obtain from it advantages of any kind.

Article 21 The territory of a State is inviolable it may not be the object, even temporarily, of military occupation or of other measures of force taken by another State, directly or indirectly, on any grounds whatever. No territorial acquisitions or special advantages obtained either by force or by other means of coercion shall be recognized.

Article 22 The American States bind themselves in their international relations not to have recourse to the use of force, except in the case of self-defense in accordance with existing treaties or in fulfillment thereof.

Article 23 Measures adopted for the maintenance of peace and security in accordance with existing treaties do not constitute a violation of the principles set forth in Articles 19 and 21.

Chapter 5 Pacific Settlement of Disputies

Article 24 International disputes between Member States shall be submitted to the peaceful procedures set forth in this Charter.

This provision shall not be interpreted as an impairment of the rights and obligations of the Member States under Articles 34 and 35 of the Charter of the United Nations.

Article 25 The following are peaceful procedures direct negotiation, good offices, mediation, investigation and conciliation, judicial settlement, arbitration, and those which the parties to the dispute may especially agree upon at any time.

Article 26 In the event that a dispute arises between two or more American States which, in the opinion of one of them, cannot be settled

through the usual diplomatic channels, the parties shall agree on some other peaceful procedure that will enable them to reach a solution.

Article 27 A special treaty will establish adequate means for the settlement of disputes and will determine pertinent procedures for each peaceful means such that no dispute between American States may re-

main without definitive settlement within a reasonable period of time.

Chapter 6 Collective Security

Article 28 Every act of aggression by a State against the territorial integrity or the inviolability of the territory or against the sovereignty or political independence of an American State shall be considered an act of aggression against the other American States.

Article 29 If the inviolability or the integrity of the territory or the sovereignty or political independence of any American State should be affected by an armed attack or by an act of aggression that is not an armed attack, or by an extracontinental conflict, or by a conflict between two or more American States, or by any other fact or situation that might endanger the peace of America, the American States, in furtherance of the principles of continental solidarity or collective self-defense, shall apply the measures and procedures established in the special treaties on the subject.

Article 30~Article 52 (...)

Part II

Chapter 8 The Organs

Article 53 The Organization of American States accomplishes its purposes by means of:

(a) The General Assembly;

(b) The Meeting of Consultation of Ministers of Foreign Affairs;

(c) The Councils;

(d) The Inter-American Juridical Committee;

(e) The Inter-American Commission on Human Rights;

(f) The General Secretariat;

(g) The Specialized Conferences; and

(h) The Specialized Organizations.

There may be established, in addition to those provided for in the Charter and in accordance with the provisions thereof, such subsidiary organs, agencies, and other entities as are considered necessary.

Article 54 Article 146 (...)