1976 TREATY OF AMITY AND COOPERATION

IN SOUTHEAST ASIA
Adopted by the Heads of State/Government at the 1st ASEAN Summit

in Bali, Indonesia on 24 February 1976

[http://www.aseansec.org/1217.htm]

CHAPTER I. PURPOSE AND PRINCIPLES ..................................................................2

ARTICLE 1 .................................................................................................................. 2
ARTICLE 2 .................................................................................................................. 2
CHAPTER II. AMITY ......................................................................................................3
ARTICLE 3 .................................................................................................................. 3
CHAPTER III. COOPERATION......................................................................................3
ARTICLE 4 .................................................................................................................. 3
ARTICLE 5 .................................................................................................................. 3
ARTICLE 6 .................................................................................................................. 3
ARTICLE 7 .................................................................................................................. 3
ARTICLE 8 .................................................................................................................. 3
ARTICLE 9 .................................................................................................................. 4
ARTICLE 10 ................................................................................................................ 4
ARTICLE 11 ................................................................................................................ 4
ARTICLE 12 ................................................................................................................ 4
CHAPTER IV. PACIFIC SETTLEMENT OF DISPUTES ................................................4
ARTICLE 13 ................................................................................................................ 4
ARTICLE 14 ................................................................................................................ 4
ARTICLE 15 ................................................................................................................ 4
ARTICLE 16 ................................................................................................................ 5
ARTICLE 17 ................................................................................................................ 5
CHAPTER V. GENERAL PROVISION...........................................................................5
ARTICLE 18 ................................................................................................................ 5
ARTICLE 19 ................................................................................................................ 5
ARTICLE 20 ................................................................................................................ 5

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1976 TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA

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 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 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 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.

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1976 TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA

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
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.

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 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 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.

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1976 TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA

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.

CHAPTER IV. 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

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1976 TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA

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.

CHAPTER V. General Provision

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.

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1976 TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA

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.
For the Republic of Indonesia: SOEHARTO, President
For Malaysia: DR HUSEIN ONN, Prime Minister
For the Republic of the Philippines: FERDINAND E. MARCOS, President
For the Republic of Singapore: LEE KUAN YEW, Prime Minister
For the Kingdom of Thailand: KUKRIT PRAMOJ, Prime Minister

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