724.3415/394

The Secretary General of the International Conference of American States on Conciliation and Arbitration (Meyer) to the Secretary of State

Sir: At the direction of the Chairman of the International Conference of American States on Conciliation and Arbitration, I have the honor to transmit herewith the Protocol signed by the representatives of Bolivia and Paraguay, at Washington, January 3, 1929.

[Page 835]

This action is in accordance with the Tenth Provision of the abovementioned Protocol, which stipulates that it shall be deposited in the archives of the Government of the United States of America.

I have [etc.]

For the Secretary General:
Pierre de L. Boal
[Enclosure—Translation17]

Protocol, Signed at Washington, January 3, 1929

His Excellency, Mr. Frank B. Kellogg, Chairman of the International Conference of American States on Conciliation and Arbitration, His Excellency, Mr. Eduardo Diez de Medina, Envoy-Extraordinary and Minister Plenipotentiary of Bolivia, and Hon. Dr. Juan Vicente Ramírez, Chargé d’Affaires of Paraguay, having met at the Pan American Union Building, the Chairman stated that, being animated by a spirit of peace, of harmony, and of American brotherhood, the Conference has offered its good offices to the Governments of the Republics of Bolivia and Paraguay, who, being animated by the same spirit, have accepted the same.

The two representatives of Bolivia and Paraguay, in accord with their respective Governments, deem it desirable that a Commission of Inquiry and Conciliation establish the facts which have caused the recent conflicts which have unfortunately occurred.

The representative of Bolivia states that the Commission of Inquiry should ascertain how it happened that, notwithstanding the pacific relations existing between Bolivia and Paraguay and in spite of the agreement signed at Buenos Aires on July 12, 1928, whereby both countries obligated themselves to settle their territorial differences by pacific means, Paraguay, in violation of those obligations, without previous declaration of hostilities, and in an unfounded and violent manner ordered that the Bolivian outpost “Vanguardia” be attacked and razed by regular forces of the Paraguayan Army on the 5th of the past month of December.

The representative of Paraguay denies that his country has committed any aggression whatever and affirms that Paraguay has always maintained itself within juridical standards and the loyal fulfillment of pacts in force. He adds that it was Bolivia that committed acts of provocation and of aggression by penetrating with its armed forces into the territory possessed by Paraguay, not only in the case of the “Vanguardia” outpost, in which said forces were the first to open fire upon the Paraguayan troops, but that, before that time, it made several incursions in said territory, establishing new outposts. That [Page 836] after the events which took place at the “Vanguardia” outpost forces of the Bolivian regular Army invaded the territory possessed by Paraguay, attacking outposts and bombarding Paraguayan positions. That the Commission should fully investigate all these facts and the legal antecedents in order to establish upon which country the responsibility falls and which of them is bound to make the proper reparations.

Therefore, the Governments of Bolivia and Paraguay agree upon the following stipulations:

First. To organize a Commission of Inquiry and Conciliation which shall be composed as follows:

(a)
Two delegates each from the Governments of Bolivia and Paraguay, and
(b)
One delegate appointed by the Governments of each of the following five American Republics: United States of America, Mexico, Colombia, Uruguay and Cuba.

All of the said delegates, once they have entered upon the discharge of their duties, shall remain in office until the procedure contemplated in this Protocol is carried out, except in the case of proven illness. In case of said illness or because of any other reason of force majeure, the incapacitated delegate shall be replaced, as soon as possible, by the Government of his nation.

Second. The Commission of Inquiry and Conciliation shall undertake to investigate, by hearing both sides, what has taken place, taking into consideration the allegations set forth by both Parties, and determining in the end, which of the Parties has brought about a change in the peaceful relations between the two countries.

Third. The Commission shall fulfill its mission within the period of six months from the date of its organization.

Fourth. The procedure of the investigation shall be that agreed upon by the Commission itself.

Fifth. Once the investigation has been carried out, the Commission shall submit proposals and shall endeavor to settle the incident amicably under conditions which will satisfy both Parties.

If this should not be possible, the Commission shall render its report setting forth the result of its investigation and the efforts made to settle the incident.

Sixth. The Commission is empowered, in case it should not be able to effect conciliation, to establish both the truth of the matter investigated and the responsibilities which, in accordance with International Law, may appear as a result of its investigation.

Seventh. The Commission shall begin its labors in Washington.

Eighth. The Governments of Bolivia and Paraguay bind themselves to suspend all hostilities and to stop all concentration of troops [Page 837] at the points of contact of the military outposts of both countries, until the Commission renders its findings; the Commission of Inquiry and Conciliation shall be empowered to advise the Parties concerning measures designed to prevent a recurrence of hostilities.

Ninth. It is understood that the procedure contained in this Protocol does not include nor affect the territorial question, as contended by Bolivia, and the boundaries, as contended by Paraguay, which exists between both countries, nor does it include or affect the agreements in force between them.

Tenth. The High Contracting Parties reiterate their firm purpose of having said controversy settled, in any event, by juridical means and in perfect peace and friendship between the two countries.

The present Protocol shall remain deposited in the archives of the Government of the United States of America.

In witness whereof the above-mentioned representatives of Bolivia and Paraguay have signed this Protocol.


  • Eduardo Diez de Medina
  • Juan Vicente Ramírez
  1. Reprinted from Proceedings of the Commission of Inquiry and Conciliation, Bolivia and Paraguay, p. 2.