Papers Relating to the Foreign Relations of the United States, 1925, Volume I

723.2515/1689

Resolution Adopted by the Plebiscitary Commission on November 2, 1925⁵⁵

Resolved by the Plebiscitary Commission, Tacna-Arica Arbitration, That the prerequisites to a fair plebiscite in Tacna-Arica hereinafter enumerated are essential at the present time to further progress in the task with which the Commission is charged, and should be accomplished:

• Item 1. Removal from the plebiscitary territory of the Army now in that territory, except a force approximately equal to the Army maintained by the Peruvian Government in an area substantially equal in extent to the plebiscitary territory and immediately to the northward, and except any additional force the retention of which in the plebiscitary territory may be deemed necessary by the Chilean Government and the presence of which is not deemed, by the Commission, incompatible with a fair plebiscite.
• Item 2. Transfer from the plebiscitary territory of the carbineers now in that territory, except a force equal to that on duty in the territory on July 20, 1922,⁵⁶ and except any additional personnel, either retained in the territory or transferred thereto by way of replacement, the presence of which is deemed necessary by the Chilean Government and not deemed, by the Commission, incompatible with a fair plebiscite: Provided, however, that of the carbineers now in the plebiscitary territory those individuals only shall be retained therein whose retention is not considered, by the Commission, incompatible with a fair plebiscite.
• Item 3. Transfer from the plebiscitary territory of the police and secret service personnel now in that territory, except a force of each equal to that on duty in the territory on July 20, 1922,⁵⁷ and except any additional personnel, either retained in the territory or transferred thereto by way of replacement, the presence of which is deemed necessary by the Chilean Government and not deemed, by the Commission, incompatible with a fair plebiscite: Provided, however, that of the police and secret service personnel now in the plebiscitary territory those individual members only shall be retained therein whose retention is not considered, by the Commission, incompatible with a fair plebiscite.
• Item 4. Relief of all Army, carbineer, police and secret service personnel from duty as sub-delegates, district inspectors, and in general from duty in any civil executive capacity whatsoever, in the plebiscitary territory; such functionaries to be replaced during the plebiscitary period by civil officials appointed by proper Chilean authority.
• Item 5. Relief, upon request of the Commission, of each and every public functionary in the plebiscitary territory, military, carbineer, police, secret service, or civil executive,⁵⁸ who, in the judgment of the Commission, has used, is using, or pending the completion of plebiscitary operations shall use his position or powers in a manner designed to repress or prevent legitimate expression of views touching issues to be determined by the plebiscite; each functionary so relieved to be replaced by another appointed by proper Chilean authority.
• Item 6. Transfer from the plebiscitary territory of every relieved sub-delegate, district inspector, or other civil executive, who is a member of the military, carbineer, police or secret service personnel and is not a native of the plebiscitary territory.⁵⁹
• Item 7. Removal of all restrictions upon entering or leaving the plebiscitary territory that may be inconsistent with the free return, presence, or departure of persons claiming to be plebiscitary electors, and of such other persons as may desire to engage in any legitimate form of propaganda, publicity, or other form of electoral activity in the plebiscitary territory, in the interest of either of the two candidates for ultimate sovereignty; and like freedom for press representatives. This shall not be construed so as to preclude reasonable supervision and limitation by the Chilean Government in a manner and for a purpose not deemed, by the Commission, inconsistent with a fair plebiscite.
• Item 8. Removal of all restrictions upon travel within the plebiscitary territory, and modification of hotel and guest laws and regulations applicable in that territory so that such laws and regulations may not interfere with the freedom essential to a fair plebiscite. This shall not be construed so as to preclude reasonable police and sanitary regulations prescribed by the Chilean Government and not deemed, by the Commission, inconsistent with a fair plebiscite.
• Item 9. Establishment of equal opportunity and equal protection from molestation or interference for public meetings, parades, addresses, and other forms of legitimate public propaganda touching the plebiscite, as well as for legitimate private discussion of plebiscitary issues, in the plebiscitary territory, irrespective of whether the effort is made in the interest of Chile or in the interest of Peru; and establishment of equal opportunity and equal protection for the display, in the plebiscitary territory, by private persons and by legitimate organizations, of the flag of either of the two candidates for ultimate sovereignty. This shall not be construed so as to preclude reasonable supervision and limitation by the Chilean Government in a manner and for a purpose not deemed, by the Commission, inconsistent with a fair plebiscite.
• Item 10. Removal of censorship from the cables and of any existing censorship from the press, radio, telegraph, telephone and mails, within, to or from the plebiscitary territory.
• Item 11. Return to the plebiscitary territory⁶⁰ by Chile at her expense of every man within Chilean jurisdiction who either directly⁶¹ or through the Peruvian Commissioner claims the right to vote in the plebiscite, alleges that he left the plebiscitary territory involuntarily on or after April 13, 1924, and makes a prima facie case, satisfactory to the Commission, of electoral right and involuntary departure.

Section 2. That the President of the Commission be and he is hereby instructed to cause an authenticated copy of this resolution to be presented to the Chilean Member of the Commission, and that the Chilean Member of the Commission be and he is hereby instructed to cause this resolution to be brought to the attention of the proper Chilean authorities.⁶²

The foregoing resolution was adopted by the Plebiscitary Commission, Tacna-Arica Arbitration, on the second day of November, 1925.

Jordan Herbert Stabler

Secretary General

Tacna-Arica Arbitration
Plebiscitary Commission
John J. Pershing
President

55. Copy transmitted to the Department by General Pershing under covering letter of November 7; received November 25. Footnotes have been used to indicate where the text as adopted differs from the draft submitted by General Pershing.
56. The original draft provided that the carabineers then in the territory should be replaced by others who had not served therein.
57. The original draft provided for replacement of police and secret service personnel in the territory by others who had not served therein.
58. Here the original draft added “or of any other character.”
59. In the original draft provision was made for the “departure” (instead of transfer) besides those listed, “of any other character neither a native nor a legal resident of the territory.”
60. The original draft read “Return to Tacna Arica.”
61. “or indirectly” was here stricken from the original draft.
62. Section 2 was not in the original draft as telegraphed.