MERCOSUR
Multilateral in force
INTRODUCTION
MERCOSUR was established in 1991 to create a common market by the end of 1994, where the free circulation of goods, services, and factors of production would be ensured. The free movement of people was not explicitly mentioned in the founding Treaty. The 1994 Ouro Preto Protocol approved the organisation’s final institutional and legislative procedural framework. In 1998, the non-binding Socio-Labour Declaration was adopted and included certain rights for migrants and frontier workers. This Declaration marked the first time that the free movement of people was considered a socio-political issue rather than just an economic one. Later, in 2002, MERCOSUR signed two Residence Agreements. One agreement was directed towards nationals of its Member States, while the other agreement aimed to include nationals of the Member States, Bolivia and Chile, and any other Associated State that would ratify it in the future. The free movement regime analysed under this section refers to the MERCOSUR Residence Agreement. A different section deals with the regime deriving from the MERCOSUR Residence Agreement, Bolivia and Chile.
MEMBER STATES
- ARGENTINA
- BRAZIL
- PARAGUAY
- URUGUAY
OTHER MEMBERS
- VENEZUELA (2012)
The Bolivarian Republic of Venezuela was suspended in all the rights and obligations inherent to its status as a State Party of MERCOSUR on 5 August 2017.
The Plurinational State of Bolivia is in the process of accession.
HEADQUARTERS
Montevideo, Uruguay
DATE OF CREATION
26 March 1991
TIMELINE
| 1991 | Creation of MERCOSUR with the adoption of the Treaty of Asuncion on 26 March |
|---|---|
| 1994 | Adoption of the Ouro Preto Protocol on 17 December |
| 2002 | Adoption of the Agreement on Residence for MERCOSUR Member States’ Nationals, better known as MERCOSUR Residence Agreement, on 6 December |
| 2009 | Entry into force of the MERCOSUR Residence Agreement on 28 July |
| 2012 | Venezuela joins MERCOSUR as a full member on 31 July |
| 2017 | Venezuela is suspended in its membership from MERCOSUR on 5 August 2017 |
| 2023 | Bolivia is close to becoming the next full member of MERCOSUR |
KEY LEGAL DOCUMENTS
Treaty establishing a Common Market (Asunción Treaty) between the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, Asunción, 26 March 1991. It entered into force on 29 November 1991 [Tratado para la constitución de un mercado común entre la República Argentina, la República Federativa del Brasil, la República del Paraguay y la República Oriental del Uruguay, conocido como Tratado de Asunción]
a. Under Article 1 of the Asunción Treaty the States Parties have decided to establish a common market by 31 December 1994, and such “market shall involve: The free movement of goods, services and factors of production between countries”.
Agreement on Residence for MERCOSUR Member States’ Nationals, Brasilia, 6 December 2002. It entered into force on 28 July 2009 [Acuerdo de Residencia para Nacionales de los Estados Parte del MERCOSUR].
ADDITIONAL LEGAL DOCUMENTS
Additional Protocol to the Asunción Treaty on the institutional structure of Mercosur (Ouro Preto Protocol), Ouro Preto, 17 December 1994. It entered into force on 15 December 1995 [Protocolo Adicional al Tratado de Asunción sobre la Estructura Institucional del Mercosur (Protocolo de Ouro Preto)].