714.1515/1097

Memorandum by the Assistant Secretary of State (White)

I attach hereto, for the Department’s confidential files, (until the texts are made public by the Guatemalan and Honduran Governments) the carbon copies of the texts of the Arbitration Treaty and Supplementary Convention, signed by the representatives of Guatemala and Honduras on the afternoon of July 16, 1930. These carbons are the exact copies of the Guatemalan and Honduran copies as signed. I also attach copies of the English translations of this Treaty and Convention, as agreed upon by the Guatemalan and Honduran Delegations.

Francis White
[Enclosure 1—Translation]

Treaty of Arbitration Between Guatemala and Honduras, Signed at Washington, July 16, 1930

The Governments of the Republics of Guatemala and Honduras, being desirous of settling the question of territorial boundaries which is unfortunately pending between the two Republics, have agreed to submit the said question to arbitration through the conclusion of this treaty, for which purpose they have appointed the following as their respective plenipotentiaries, to wit:

the Government of Guatemala:

  • Licenciado Don Carlos Salazar and Licenciado Don Eugenio Silva Peña,

and the Government of Honduras:

  • Dr. Mariano Vasquez,

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who, having examined their respective Full Powers, which they found to be in good and due form,

Have agreed upon the following articles:

Article I

The High Contracting Parties agree that the Convention for the Establishment of an International Central American Tribunal, signed at Washington February 7, 1923, is in effect between them, in accordance with Article XXVI of the same Convention. The Government of Guatemala makes this declaration without reservations. The Government of Honduras affirms that that Convention is obligatory as to all controversies with the exception of the boundary dispute between Guatemala and Honduras, taking as a basis the wording of Article I of the said Convention, which does not include questions with regard to which the parties shall have “accepted some other form of arbitration”. The Government of Honduras believes that this provision excludes from the jurisdiction of the International Central American Tribunal its boundary question pending with Guatemala, by virtue of the fact that the Convention for the Establishment of an International Central American Tribunal was signed February 7, 1923, while the Boundary Convention signed August 1, 1914, was in effect between the two countries.

The Government of Guatemala maintains that the International Central American Tribunal is fully competent to pass judgment, in judicial arbitration proceedings, on the pending boundary question, because its jurisdiction extends, in accordance with Article I of the respective Convention, invoked by the Government of Honduras, to “all controversies or questions which now exist between them or which may hereafter arise, whatever their nature or origin”, a wording which covers and includes every question of territorial limits, without the competence of the tribunal being affected by the reservation alleged by the Government of Honduras, because there is no agreement between the parties, as to any other form of arbitration, since the willingness manifested in 1923 to submit the question to the President of the United States of America lapsed with the treaty of 1914 on which it was based.

The Government of Guatemala believes that the divergence existing between the points of view of the two governments, with respect to the application of the Convention for the Establishment of an International Central American Tribunal, can and must be adjusted in conformity with Article XIII of the said pact.

The Government of Honduras is of the opinion that the International [Page 354] Central American Tribunal is not authorized to determine its original competence, but only to decide the incidental competence, with the restrictions of Article I of the said Convention.

Both parties, however, agree that the tribunal which takes cognizance of the boundary question between the two countries, shall be organized in the same form prescribed in the Convention for the Establishment of an International Central American Tribunal.

In order to settle the conflict between the opposing points of view of the two governments, they have decided to establish in the city of Washington, a Special Tribunal, constituted in the form prescribed by the Convention for the Establishment of an International Central American Tribunal and to submit to this Special Tribunal in the first place, the following question:

Is the International Central American Tribunal created by the Convention of February 7, 1923, competent to take cognizance of the boundary question pending between Guatemala and Honduras?

If the decision of the Special Tribunal denies the competence of the International Central American Tribunal to take cognizance of the pending boundary question, the same tribunal, as Special Boundary Tribunal, shall proceed to take cognizance of the frontier dispute which is maintained by the High Contracting Parties.

If, on the other hand, the Special Tribunal recognizes, in its decision, the competence of the International Central American Tribunal, the said Special Tribunal shall take cognizance, as International Central American Tribunal, of the boundary question pending between Guatemala and Honduras and will sit at the said city of Washington.

In both cases, the stipulations of the present Treaty shall be observed.

Article II

The Special Tribunal referred to by the preceding article shall be constituted as follows:

The Government of Guatemala appoints Dr. Luis Castro Ureña from the permanent list of jurists established by Article II of the Convention for the Establishment of an International Central American Tribunal.

The Government of Honduras appoints Señor Dr. Don Emilio Bello Codesido from the same list.

The two Governments, by common agreement, appoint as Third Arbitrator the Chief Justice of the United States, who shall preside over the Tribunal.

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Article III

The Special Tribunal shall meet, if possible, within the sixty days following the exchange of ratifications of the present Treaty; and each of the High Contracting Parties shall submit to it, within the three days following its organization, the pleas relative to the competence or incompetence of the International Central American Tribunal to take cognizance of the boundary question between Guatemala and Honduras.

In the light of the pleas the Special Tribunal shall pronounce its judgment, which shall be final and without appeal.

Article IV

Within the thirty days following notification of the decision which settles the question of competence, the High Contracting Parties shall submit to the Special Tribunal, or to the International Central American Tribunal, as the case may be, the pleas, proofs, and documents of whatever kind they may deem expedient to support their points of view and claims in the boundary question.

Article V

The High Contracting Parties are in agreement that the only juridical line which can be established between their respective countries is that of the Uti Possidetis of 1821. Consequently, they are in accord that the Tribunal shall determine this line. If the Tribunal finds that one or both parties, in their subsequent development have established, beyond that line, interests which should be taken into account in establishing the definitive boundary, the Tribunal shall modify as it may see fit the line of the Uti Possidetis of 1821 and shall fix the territorial or other compensation which it may deem just that either party should pay to the other.

Article VI

The pleas, the proofs, and the documents, shall be presented by the parties to the Tribunal in four copies, in English and in Spanish, one copy of which in both languages shall be for each of the members of the Tribunal and the remaining copy shall be delivered by the Tribunal to the other party in the dispute.

Article VII

The Tribunal shall deliver the plea of the other party to the representative of each Government for sixty days for examination and reply and shall exhibit to him, if he should so request, the documents presented.

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Article VIII

Each party shall have the right to submit for the consideration of the Tribunal, together with its reply, plans (sketches), maps, proofs, and other documents which have not been presented with the initial plea. These shall be communicated to the other party, which may refute them within the fifteen days following the date on which it receives them.

Article IX

The time limits established in the present treaty shall be peremptory; but the Tribunal is expressly empowered by the Contracting Parties to extend them on sufficient grounds therefor.

Article X

All decisions of the Tribunal shall be arrived at by a majority of votes. In case the votes are scattered, the vote of the President of the Tribunal shall be decisive.

Article XI

Each party shall be represented by an attorney who, for the performance of his duty, may have such assistants as his Government may deem necessary.

Article XII

The High Contracting Parties confer on the Tribunal the necessary authority to settle by itself any difference which may arise with regard to the interpretation or carrying out of this Treaty and the decisions of the said Tribunal.

Article XIII

The High Contracting Parties empower the Tribunal to appoint committees of investigation, to utilize the service of experts and resort to other means of information which it may deem necessary for ascertaining the facts. They also empower it to organize the subordinate personnel of the Tribunal, in such form as it may deem desirable. To this end the parties undertake to place at the service of the Tribunal such facilities as may be necessary.

Article XIV

The award of the Tribunal shall be handed down as soon as possible and it shall set forth the points of fact and of law involved in the controversy, and the reasons and grounds which are considered [Page 357] valid for the decision. This award shall decide the boundary controversy finally and without appeal and shall be faithfully executed by the High Contracting Parties.

Article XV

The High Contracting Parties have agreed that the physical demarcation of the frontier shall be performed by a Technical Commission, in conformity with the provisions of the Convention supplementary to the present Treaty, signed on this same date.

Article XVI

Until the demarcation is made, each of the High Contracting Parties shall maintain the possessions which it at present has in the frontier zone, but may carry on agricultural, industrial, and commercial activities within the limits of its present possessions. Each undertakes not to make any new advance and to avoid all hostile acts between the two parties.

Article XVII

It is understood and agreed between the High Contracting Parties that private properties acquired under legitimate title prior to the date of the present Treaty, which may remain on either side of the dividing line, must be respected and shall have the benefit of all the guarantees provided in each country for the property of its nationals, by its constitution and laws, to which said properties shall then be subject.

Article XVIII

In case one or both of the arbitrators appointed separately by each of the High Contracting Parties resigns or is incapacitated, the respective government shall immediately take steps to replace him, selecting the new arbitrators from the lists established by Article II of the Convention for the Establishment of an International Central American Tribunal. Such substitution shall not affect the validity and force of this Treaty.

Article XIX

Each party shall pay the honorarium and expenses of the arbitrator which it appoints and the expenses incurred in preparing and prosecuting its action. Half of the general costs of the arbitration proceedings, as well as the honorarium and expenses of the President of the Tribunal, shall be paid by each of the Contracting Parties.

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Article XX

The present Treaty shall be submitted, as soon as possible, in Guatemala and in Honduras, for ratification in the manner provided by their constitutions; and the exchange of ratifications shall take place in this city of Washington, capital of the United States of America, within the sixty days following the date of the last ratification.

In faith whereof, the plenipotentiaries of Guatemala and Honduras sign the present Treaty, in two copies of the same tenor, which they authenticate with their respective seals, in the city of Washington, D. C, on the sixteenth day of the month of July, one thousand nine hundred and thirty.

  • Carlos Salazar
  • Eugenio Silva Peña
  • Mariano Vasquez
[Enclosure 2—Translation]

Supplementary Convention to the Treaty of Arbitration Between Honduras and Guatemala, Signed at ‘Washington, July 16, 1930

The Governments of the Republics of Honduras and Guatemala, in accordance with Article XV of the Treaty of Arbitration signed this day, in this city, have deemed fit to conclude the present Supplementary Convention to the said Treaty; and for that purpose have appointed as their respective plenipotentiaries,

The Government of Honduras: Dr. Mariano Vasquez; and the Government of Guatemala, Licenciado Don Carlos Salazar and Licenciado Don Eugenic Silva Peña, who, after having communicated to each other their respective full powers, which they found to be in good and due form, have agreed upon the following articles:

Article I

Within one hundred and twenty days, counting from the date on which the Arbitral Tribunal, set up by the Treaty of Arbitration aforementioned, shall have notified the High Contracting Parties of the award which shall determine the boundary line between Guatemala and Honduras, a Technical Commission shall proceed to carry out the demarcation of the said line.

Article II

The Commission referred to in the preceding article shall be composed of five engineers, of whom, one shall be designated by the President of the Arbitral Tribunal, in consultation with the United States Coast and Geodetic Survey; two shall be appointed by the [Page 359] Government of Honduras and two by the Government of Guatemala, each Party having the right to appoint the complementary personnel which it may consider advisable. The work shall be carried on under the direction of the engineer designated by the President of the Arbitral Tribunal, who shall be the Head of the Commission, with sufficient authority to give in the field the final decision with regard to any differences whatsoever of a geodetic or topographical character which might arise between the engineers of Honduras and Guatemala.

Article III

If, after the lapse of the time limit of one hundred and twenty days referred to in the first article, one of the High Contracting Parties shall not have appointed the two engineers who, on its behalf, are to be members of the Technical Commission, the work of demarcation of the boundary line shall be started and carried to conclusion by the engineer designated by the President of the Arbitral Tribunal and those who shall have been appointed at the proper time by the other Party. In this case the Engineer at the head of the Technical Commission is authorized to appoint substitute engineers if he should deem it necessary.

Article IV

Once the appointment of the engineers has been made, they shall meet as soon as possible, in the town nearest to either of the terminal points of the line fixed by the decision of the Arbitral Tribunal and shall begin their work. The Head of the Commission shall advise the Governments of Honduras and Guatemala of this fact.

Article V

The Technical Commission shall establish at the extreme points of the boundary line and at the important points thereof, monuments which shall be located astronomically as to latitude and longitude. The latter shall refer to the meridian of Greenwich. It shall also construct monuments along the line on the summits of the hills, at the crossings of roads, rivers and ravines, and at other conspicuous places, in order that the inhabitants of each country may easily recognize the boundary.

The monuments shall be constructed of such material as may be considered most satisfactory by the Technical Commission, and the latter shall determine their dimensions and inscriptions.

Article VI

The Commission of Engineers shall remain in the region where the work of demarcation is performed. The latter can not be suspended [Page 360] except fortuitously, when the rainy season or other substantial reason does not permit of its performance.

Article VII

The Technical Commission shall have all the time that may be necessary to complete the work of demarcation.

If any of the members of the Commission should become incapacitated or unable, for any reason, to continue to render service, he shall be replaced immediately by another engineer who shall be appointed by the respective Government, upon mere notification by the Head of the Commission.

Article VIII

The Technical Commission shall endeavor, so far as possible, to draw the line of demarcation which must join the points indicated by the arbitral award, through such natural or mutually visible landmarks as the terrain may offer.

Article IX

After finishing the field and office work, the Technical Commission of Engineers shall draw up in triplicate a detailed report and send it, together with the general map and the detail maps, to the Governments of both Honduras and Guatemala and to the President of the Arbitral Tribunal.

Article X

The Governments of Honduras and Guatemala undertake to furnish the Technical Commission every assistance and facility for the accomplishment of its task.

Article XI

The general expenses caused by the demarcation, as well as the honorarium and expenses of the Engineer Head of the Technical Commission, shall be paid in equal parts, by the Governments of Honduras and Guatemala. In any case, the honoraria and expenses; of the two engineers of each of the High Contracting Parties and their assistants shall be paid by each of the Parties individually.

Article XII

The High Contracting Parties undertake to recognize, maintain and respect perpetually and forever, as the boundary line between Honduras and Guatemala, the line demarcated by the Technical [Page 361] Commission, in conformity with the award handed down by the Arbitral Tribunal, set up by the Arbitration Treaty concluded by the said High Contracting Parties, today, in this city.

Article XIII

The present Convention, supplementary to the Arbitration Treaty concluded on this same date between the Governments of Honduras and Guatemala, shall be submitted, together with the latter, for ratifications in accordance with the constitutional provisions of the two countries; and the exchange of ratifications shall take place in the city of Washington, capital of the United States of America, within the sixty days following the date of the last ratification.

In faith whereof, the plenipotentiaries of Honduras and Guatemala sign this Convention, in two copies of the same tenor, which they authenticate with their respective seals, in the city of Washington, D. C. on the sixteenth day of July, one thousand nine hundred and thirty.

[The ratifications of the treaty of arbitration and of the supplementary convention were exchanged on October 15, 1931, at Washington. In a letter of the same date to the Secretary of State, the Ministers of Guatemala and of Honduras requested that the Secretary communicate to the Chief Justice of the United States the latter’s appointment to form and preside over the Arbitral Tribunal composed of himself and Doctors Emilio Bello Codesido of Chile and Luis Castro Areña of Costa Rica. Mr. Hughes accepted the appointment in a letter to the Secretary of State dated October 19, 1931. (714.1515/1192, 1196.)]