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.
[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
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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.
Done at the City of
Washington this third day of January, one thousand
nine hundred and twenty-nine.
- Eduardo Diez de
Medina
- Juan Vicente
Ramírez
