International Military Alliances, 1648-2008 - Douglas M. Gibler

(やまだぃちぅ) #1
Defense Pact of the African and Malagasy Union

development of their own resources and by lending mutual
assistance, shall maintain and increase their individual and col-
lective capacity for resisting all aggression.
Article 4.–The parties shall consult each other upon the
measures to be taken whenever, in the opinion of one of them,
the territorial integrity, political independence or security of
one of the parties is threatened.
Article 5.–The parties agree that an aggression, recognised as
such under the conditions defined in a protocol annexed
thereto and directed against one or several of them, occurring
in Africa or Madagascar, shall be deemed to be an aggression
directed against all the parties. Consequently, should such
aggression occur, each of them, exercising individually or col-
lectively the right of self defence, recognised by article 51 of the
Charter of the United Nations, shall come to the assistance of
the party or parties thus attacked, by immediately taking meas-
ure agreed upon beforehand, then after consultation any other
measures deemed necessary, including the use of armed force,
to restore and ensure security in Africa and Madagascar.
Article 6.–However, the parties agree that no action shall be
undertaken in the territory of a State or any diplomatic action
be taken for the benefit of the latter save at its own request or
with its consent, except where the extent, violence or rapidity of
the aggression have interrupted the free working of its institu-
tions and the exercise of its sovereignty.
Article 7.–Any aggression and all measures taken in conse-
quence thereof shall be notified forthwith to the Security Coun-
cil of the United Nations.
Article 8.–The parties agree that by “aggression” shall be
meant not only armed attacks of a nuclear or conventional type
but also such action of a subversive nature, whether armed or
not, as may be directed, actively encouraged or sustained from
abroad.
Article 9.–The parties agree that none of the undertakings
assumed under the present pact shall be construed in such a
way as to prejudice any defence conventions or agreements
entered into by either of the Contracting Parties with third
States.
Article 10.–Each of the parties hereby declares that none of
the international undertakings currently existing between itself
and any other party or any other State conflicts with the provi-
sions of the present pact, and pledges itself not to assume any
international undertaking in conflict with the present pact.
Any new undertaking in defense matters shall be subject to
the prior agreement of the parties and the final texts embodying
the undertakings assumed shall be deposited with the Govern-
ment of Madagascar.
Article 11.–The general policy of the Union as well as the
orientation of Defence policy shall be settled at Conferences of
Heads of State and Government.
Article 12.–The parties agreed to set up a Higher Council of
the Pact on which each of them shall be represented by a
plenipotentiary delegate.


This Council shall be responsible for studying all matters
pertaining to the application of the pact and, within the limits
of the powers conferred upon it by the Conference of Heads of
State and Government, for taking all measures calculated to
guarantee such application, with respect to both the implemen-
tation of the pact’s provisions and the establishment of the civil
and military organs necessary for the proper functioning of the
pact, particularly a High Command. Its decisions shall be taken
at the majority of two-thirds of the pact’s members.
Article 13.–The parties shall establish a Permanent Secre-
tariat of the pact which shall be at the disposal of the Higher
Council for ensuring the continuity and rapidity of its proceed-
ings as well as for preparing its sessions.
Article 14.–Special protocols shall define the organization,
operation, detailed powers and financing of the Higher Coun-
cil, the Permanent Secretariat and of such other bodies as may
be created in pursuance of the foregoing articles.
Article 15.–The present pact shall be open to other African
States which declare their readiness to contribute, by taking part
therein, to the Union of the African and Malagasy States with a
view to ensuring the peace and security of peoples while
respecting the Rights of Man.
The accession to the pact of a new State shall become opera-
tive, with the unanimous consent of the signatory States of the
pact, after the deposit of the instruments of accession with the
Government of Madagascar.
Article 16.–The African and Malagasy Union may, after the
unanimous agreement of its members, contract international
undertakings promoting the objectives of the present pact with
any State or group of States, whether African or not.
Article 17.–This pact shall be ratified by the parties in accor-
dance with their respective constitutional rules. The instru-
ments of ratification shall, within a period of three months after
signature, be deposited with the Governments of Madagascar
which shall inform all the other parties of the deposit of each
instrument of ratification. The pact shall become operative
between the States which have ratified it as soon as the instru-
ments of ratification of the simple majority of the signatories
have been deposited. It shall come into force with regard to the
other signatories on the day of the deposit of their instruments
of ratification.
Article 18.–If one of the contracting parties had assumed or
were to assume undertakings contrary to the provisions of the
present pact or were seriously to disregard the obligations deriv-
ing therefrom, it may be excluded from the pact by a decision
taken by the other contracting parties at a Conference of the
Heads of State and Government and by a two-thirds majority.
However, the exclusion must be preceded by a formal notifi-
cation affording the party concerned a reasonable delay within
which to comply with its obligations.
Article 19.–The parties shall be bound to consult each other
every five years with a view to a possible revision of the pact.
However, a revision may be requested at any time by the parties.
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