SOUTH-EAST ASIA COLLECTIVE DEFENCE TREATY.
No. 77 of 1954.
An Act to approve the ratification by Australia of the South-East Asia Collective Defence Treaty.
[Assented to 18th November, 1954.]
Preamble.
WHEREAS the independence and integrity of the countries and territories of South-East Asia and the South-West Pacific are threatened by the aggressive policies of international Communism:
And whereas those Communist policies have already shown themselves in Korea, Indo-China and elsewhere by armed aggression, by armed insurrection assisted from without and otherwise:
And whereas those Communist policies represent a common danger to the security of Australia and of the world generally and are a violation of the principles and purposes of the Charter of the United Nations:
And whereas, in consequence of the foregoing, countries in or concerned with the security of South-East Asia and the South-West Pacific have determined to join together for the purposes of meeting this common danger and of promoting the security and well-being of the region of South-East Asia and the South-West Pacific:
And whereas, in order to further the achievement of those purposes in accordance with the Charter of the United Nations, Australia, France, New Zealand, Pakistan, the Republic of the Philippines, the Kingdom of Thailand, the United Kingdom of Great Britain and Northern Ireland and the United States of America, signed in Manila on the eighth day of September, One thousand nine hundred and fifty-four a South-East Asia Collective Defence Treaty:
And whereas it is desirable that the ratification by Australia of the South-East Asia Collective Defence Treaty should be approved by the Parliament:
Be it therefore enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the South-East Asia Collective Defence Treaty Act 1954.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Approval of ratification of Treaty.
3. The ratification by Australia of the South-East Asia Collective Defence Treaty (being the Treaty set out in the Schedule to this Act) is approved.
THE SCHEDULE. Section 3.
Southeast Asia Collective Defence Treaty
The Parties to this Treaty,
Recognizing the sovereign equality of all the Parties,
Reiterating their faith in the purposes and principles set forth in the Charter of the United Nations and their desire to live in peace with all peoples and all governments,
Reaffirming that, in accordance with the Charter of the United Nations, they uphold the principle of equal rights and self-determination of peoples, and declaring that they will earnestly strive by every peaceful means to promote self-government and to secure the independence of all countries whose peoples desire it and are able to undertake its responsibilities,
Desiring to strengthen the fabric of peace and freedom and to uphold the principles of democracy, individual liberty and the rule of law, and to promote the economic well-being and development of all peoples in the treaty area,
Intending to declare publicly and formally their sense of unity, so that any potential aggressor will appreciate that the Parties stand together in the area, and
Desiring further to coordinate their efforts for collective defense for the preservation of peace and security,
Therefore agree as follows:
Article I
The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.
Article II
In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack and to prevent and counter subversive activities directed from without against their territorial integrity and political stability.
Article III
The Parties undertake to strengthen their free institutions and to cooperate with one another in the further development of economic measures, including technical assistance, designed both to promote economic progress and social well-being and to further the individual and collective efforts of governments toward these ends.
Article IV
1. Each Party recognizes that aggression by means of armed attack in the treaty area against any of the Parties or against any State or territory which the Parties by unanimous agreement may hereafter designate, would endanger its own peace and safety, and agrees that it will in that event act to meet the common danger in accordance with its constitutional processes. Measures taken under this paragraph shall be immediately reported to the Security Council of the United Nations.
2. If, in the opinion of any of the Parties, the inviolability or the integrity of the territory or the sovereignty or political independence of any Party in the treaty area or of any other State or territory to which the provisions of paragraph 1 of this Article from time to time apply is threatened in any way other than by armed attack or is affected or threatened by any fact or situation which might endanger the peace of the area, the Parties shall consult immediately in order to agree on the measures which should be taken for the common defense.
3. It is understood that no action on the territory of any State designated by unanimous agreement under paragraph I of this Article or on any territory so designated shall be taken except at the invitation or with the consent of the government concerned.
The Schedule—continued.
Article V
The Parties hereby establish a Council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. The Council shall provide for consultation with regard to military and any other planning as the situation obtaining in the treaty area may from time to time require. The Council shall be, so organized as to be able to meet at any time.
Article VI
This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of any of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security. Each Party declares that none of the international engagements now in force between it and any other of the Parties or any third party is in conflict with the provisions of this Treaty, and undertakes not to enter into any international engagement in conflict with this Treaty.
Article VII
Any other State in a position to further the objectives of this Treaty and to contribute to the security of the area may, by unanimous agreement of the Parties, be invited to accede to this Treaty. Any State so invited may become a Party to the Treaty by depositing its instrument of accession with the Government of the Republic of the Philippines. The Government of the Republic of the Philippines shall inform each of the Parties of the deposit of each such instrument of accession.
Article VIII
As used in this Treaty, the “treaty area” is the general area of Southeast Asia, including also the entire territories of the Asian Parties, and the general area of the Southwest Pacific not including the Pacific area north of 21 degrees 30 minutes north latitude. The Parties may, by unanimous agreement, amend this Article to include within the treaty area the territory of any State acceding to this Treaty in accordance with Article VII or otherwise to change the treaty area.
Article IX
1. This Treaty shall be deposited in the archives of the Government of the Republic of the Philippines. Duly certified copies thereof shall be transmitted by that government to the other signatories.
2. The Treaty shall be ratified and its provisions carried out by the Parties in accordance with their respective constitutional processes. The instruments of ratification shall be deposited as soon as possible with the Government of the Republic of the Philippines, which shall notify all of the other signatories of such deposit.
3. The Treaty shall enter into force between the States which have ratified it as soon as the instruments of ratification of a majority of the signatories shall have been deposited, and shall come into effect with respect to each other State on the date of the deposit of its instrument of ratification.
Article X
This Treaty shall remain in force indefinitely, but any Party may cease to be a Party one year after its notice of denunciation has been given to the Government of the Republic of the Philippines, which shall inform the governments of the other Parties of the deposit of each notice of denunciation.
Article XI
The English text of this Treaty is binding on the Parties, but when the Parties have agreed to the French text thereof and have so notified the Government of the Republic of the Philippines, the French text shall be equally authentic and binding on the Parties.
The Schedule—continued.
UNDERSTANDING OF THE UNITED STATES OF AMERICA
The United States of America in executing the present Treaty does so with the understanding that its recognition of the effect of aggression and armed attack and its agreement with reference thereto in Article IV, paragraph 1, apply only to communist aggression but affirms that in the event of other aggression or armed attack it will consult under the provisions of Article IV, paragraph 2.
In witness whereof, the undersigned Plenipotentiaries have signed this Treaty.
Done at Manila, this eighth day of September, 1954.
FOR AUSTRALIA:
R. G. Casey
FOR FRANCE:
G. La Chambre
FOR NEW ZEALAND:
T. Clifton Webb
FOR PAKISTAN: Signed for transmission to my Government for its consideration and action in accordance with the Constitution of Pakistan.
Zafrulla Khan
FOR THE REPUBLIC OF THE PHILIPPINES:
Carlos P. Garcia
Francisco A. Delgado
Tomas L. Cabili
Lorenzo M. Tanada
Cornelio T. Villareal
FOR THE KINGDOM OF THAILAND:
Wan Waithayakon
Krommuen Naradhip Bonosprabandh
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
Reading
FOR THE UNITED STATES OF AMERICA:
John Foster Dulles
H. Alexander Smith
Michael J. Mansfield