724.3415/342: Telegram
The Bolivian Minister and the Paraguayan Delegate to Their Respective Governments
The Committee on Conciliation met to consider the cablegrams transmitted by the Governments of Bolivia and Paraguay and after a full deliberation thereon resolved that we, the delegates of both nations, should consult our respective governments whether they would agree to authorize the signing of the following Protocol:
“There assembled at the Building of the Pan American Union, His Excellency the Chairman of the Conference, His Excellency the Minister Plenipotentiary of Bolivia and the Honorable Chargé d’Affaires of Paraguay. The Chairman of the Conference stated that the Conference being animated by a spirit of peace, of harmony and of American fraternity, has offered its good offices to the governments of the [Page 822] Republics of Bolivia and Paraguay, which, animated by the same spirit, have accepted them.
The two representatives, of Bolivia and of Paraguay, acting in full accord with their respective governments, deem it proper that a Commission of Investigation and Conciliation shall establish the facts which have given rise to the recent conflict which has unfortunately taken place on the frontiers of both countries.
The representative of Bolivia declares that the Commission on Investigation shall verify that it is true that within a status of pacific relations existing between Bolivia and Paraguay and in spite of the convention signed at Buenos Aires on June [July] 12, 1928, whereby both countries bound themselves to decide their territorial differences through pacific means, Paraguay, violating said obligations, without a prior declaration of hostility and in an uncalled for and violent manner, ordered the attacking and destruction of the Bolivian outpost Vanguardia, by regular forces of the Paraguayan army on the fifth of this month.
The representative of Paraguay declares, in turn, that his nation has committed no aggression, and that the Commission should investigate and give its findings not only with respect to the incident of the Vanguardia outpost but upon all the events which have occurred and their legal antecedents with effective warranty that its findings shall be fulfilled.
As a consequence, the Governments of Bolivia and Paraguay agree upon the following stipulations:
First: To constitute a Commission of Investigation and Conciliation to be made up as follows:
- (a)
- Of two delegates from each of the Governments of Bolivia and Paraguay;
- (b)
- Of a delegate appointed by the Governments of each of the following five American republics:
Second: The Commission on Investigation and Conciliation shall be entrusted with investigating the events which have occurred on the frontier by hearing both sides, taking into consideration the allegations made by both parties.
Third: The Commission shall make an effort to fulfill its mission within a period of six months commencing from the date of its organization. It may, if necessary, increase this period to another six months.
Fourth: The procedure of the investigation shall be that agreed upon by the Commission.
Fifth: Once the events have been investigated the Commission shall make proposals and efforts to have the incident settled amicably in such a manner that both parties shall have full satisfaction.
If this is not possible, the Commission shall draft its report setting forth the result of its investigation and the efforts it has made to settle the incident.
Sixth: The Commission is empowered, in the event that it has not been possible to arrive at conciliation, to establish at the same time that it determines the facts, the liabilities derived therefrom, in accordance with international law.
Seventh: The Commission shall be installed in Washington and after its first meeting it shall decide upon the seat of its sessions.
[Page 823]Eighth: The Governments of Bolivia and Paraguay bind themselves to suspend all hostilities and to cease all concentration of troops until the findings of the Commission shall have been made.
Ninth: It is understood that the procedure contained in this Protocol does not affect the bases of the controversy existing between Bolivia and Paraguay, nor the agreements now in force.
Tenth: The High Contracting Parties, nevertheless, reiterate their firm intention that said controversy be solved, at all events, through juridical methods and in perfect peace and amity between the two nations.”