724.3415/2626f: Telegram
The Commission of Neutrals to the Bolivian Minister for Foreign Affairs (Tamayo)88
The Commission of Neutrals has made various suggestions to the Governments of Bolivia and Paraguay for a settlement of the Chaco dispute. Although none of these proposals has been accepted by the parties up to the present, this preliminary work has served to clarify the problem and render possible a definite suggestion covering the Chaco problem in its entirety.
The two principal objectives of the Neutral Commission have been throughout those of achieving the complete termination of hostilities and the definitive settlement of the Chaco dispute by means of arbitration. The two parties appear to be essentially in agreement on these points. The cessation of hostilities has not been achieved, however, as there was no certainty that they would not be renewed. One of the means proposed for achieving this was the withdrawal of the troops to considerable distances in order to make contact between them impossible and to demobilize both armies, placing them on a peace footing, these operations to be carried out under the supervision of a neutral commission. Objection was raised to the withdrawal of the troops and their demobilization because it was feared that it might be impossible to make the arbitral settlement, in case the parties should not arrive at an agreement regarding the terms of the arbitration. Consequently, if the parties could arrive at a settlement concerning the terms of the arbitration, the other problems might then be easy to solve. The Commission of Neutrals considers that the proposal which it now makes is satisfactory, because it provides definitively the bases of a settlement, in case the two parties, after 4 months of negotiations, should not arrive at an agreement regarding the arbitral engagement. This proposal, therefore, in case it is accepted by the two parties, will lead to an automatic arbitral settlement. After the time specified the settlement will be completed without the possibility of any obstacle. The Commission of Neutrals hopes that, in view of this important aspect of its proposal, the two parties-will accept it promptly, in its entirety, since it is eminently just and equitable for both and furnishes an honorable solution whereby hostilities can be stopped immediately and the dispute definitively settled. The Commission of Neutrals suggests, consequently, that the [Page 127] two Governments authorize their representatives at Washington to formulate and to sign immediately an agreement stipulating:—
1. Hostilities shall be suspended within 48 hours after the agreement is signed.
2. The agreement, as soon as it is signed, shall be transmitted to La Paz, and to Asunción, by cable for its ratification in accordance with the domestic law of each country.
3. The agreement shall be ratified in the form in which it has been signed, within 1 month after its signature. Ratification shall be exchanged by telegraph.
4. Within 48 hours after the exchange of ratifications, the forces of both countries shall begin to withdraw, the withdrawal being made with the greatest possible rapidity. The Paraguayan forces shall be withdrawn to the Paraguay River. The Bolivian forces shall be withdrawn behind a line drawn from Fuerte Ballivián on the Pilcomayo River, to Fuerte Vitriones.
5. A commission appointed by the Commission of Neutrals at Washington shall immediately leave for the Chaco for the purpose of verifying the withdrawal of the troops and the execution of other points of this agreement. In case the commission should, for any reason, be delayed in reaching the Chaco, the withdrawal of troops shall take place as is stipulated in Article 4 without awaiting the arrival of the commission.
6. As soon as the withdrawal of the troops begins, the demobilization of the armed forces of both countries shall also be begun. These forces shall be reduced to the proportions normal in time of peace; any disagreement concerning this point shall be decided by the commission mentioned in Article 5.
7. The territory remaining to the southeast of the Ballivián-Vitriones line and west of the meridian of longitude 60° 15' west of Greenwich shall be guarded by a force containing not more than 100 Bolivian policemen; and the territory to the southeast of the said line and to the east of the said meridian of longitude 60° 15' west of Greenwich shall be guarded by a force not exceeding 100 Paraguayan policemen.
In order to prevent the police forces of the two countries from coming into contact, it is agreed that if the Bolivian police have to enter into the area comprised between meridian 60° 15', longitude west of Greenwich and the meridian 60° 20', they shall do so only after communicating with the Paraguay police forces, in order to be informed that no force of the said Paraguay police is in the territory immediately to the east of meridian 60° 15' in that place. Similarly, if the Paraguay police should have to go into the area comprised between meridian 60° 10', longitude west of Greenwich, and meridian 60° 15', they shall do so only after having communicated with the Bolivian police in order to assure themselves that there are no Bolivian police to the west of meridian 60° 15' in that region.
Communications between the two police forces may be had directly or through the channel of the neutral commission mentioned in Article 5.
[Page 128]8. Nothing in this agreement affects, in any form or in any manner, the juridical position or the rights of either of the two parties in the Chaco dispute. The lines established for the withdrawal of the Bolivian and Paraguayan forces and for the guarding of the territory, are merely measures for terminating hostilities and the maintenance of peace, by preventing clashes or encounters when the struggle has once been terminated, and in no wise change or affect in any sense the juridical status of the parties.
9. Immediately, or at the latest, 15 days after the exchange of ratifications of the agreement, the two parties shall begin negotiations to determine the bases of the arbitration as well as to establish the Court to whose jurisdiction the case will be submitted.
If, when 4 months have elapsed from the date on which the negotiations were opened, the parties have not been able to agree respecting the territorial limits of the Chaco, they shall immediately request from the American Geographical Society of New York, the Royal Geographical Society of London, and the Geographic Society of Madrid, to appoint, each within 15 days (or within any other period of time on which the parties may agree), a geographical expert in order that the three persons thus designated may meet at a place agreed upon by the two parties or, failing such agreement, at Madrid, 1 month (or any other period of time on which the parties may agree) after the expiration of the period of 15 days above-mentioned, and render, after giving both parties opportunity of being heard, a decision on the sole point of defining the area of the Chaco. If either one of the two parties does not present its memorial within 1 month (or within any other period on which the parties may agree) counting from the date on which this commission of experts meets, the said commission shall issue its decision without further delay. This decision must be rendered as soon as possible and shall be definitive and without appeal.
10. Within 1 month (or within any other period on which the parties may agree) counting from the date on which the geographical experts’ decision is rendered, the Court of Arbitration, accepted by both parties, shall enter upon its functions, and after having given these parties opportunity of being heard, shall give its Decision determining the territorial limits of both countries in the Chaco, the latter being defined according to the decision of the commission of geographic experts mentioned in Article 9.
11. Each party may present a brief and a rejoinder (réplica). The brief must be presented 30 days (or within any other period on which the two parties may agree) after the meeting of the Court. The brief of each country shall be presented with enough copies so that each judge may have one and three may remain for delivery to the opposing party. As soon as the brief is presented the Court shall deliver three copies of the brief of each party to the other party, and the latter shall have 2 months (or any other period on which the parties may agree) counting from the date of delivery, to present its rejoinder (réplica). As soon as the rejoinders are received the matter shall be under the consideration of the Court, in order that this latter may render its decision, which shall be definitive and without appeal. If either one of the parties does not present its brief or rejoinder in [Page 129] the way stipulated, the Court shall issue its decision in spite of such omission.
12. If, within the period of 4 months stipulated in Article 9, the two parties do not come to an agreement concerning the Court to which the case must be submitted, the case shall then be referred automatically to the Permanent Court of International Justice of The Hague.
13. On the exchange of the ratifications of this agreement all prisoners shall be returned immediately and diplomatic relations shall be renewed.
14. The cost of the arbitration, as well as the expenses of the experts of the commission of geographers and the costs of their labors, shall be divided equally between the two countries, which countries shall make deposits on account of the said expenses as may be required by the commission of geographers and the Court. Each country, in asking the appointment of a geographical expert by the three geographic societies mentioned in Article 9, shall deposit $500 with each one of these societies for the travel and other preliminary expenses of the expert appointed by the society.
15. If they so desire, the two parties may waive the 4 months of direct negotiations stipulated in Article 9, and the fixation of the territorial limits of the Chaco and the constitution of the Arbitral Court shall be determined in accordance with the provisions of Articles 9 and 12 respectively. The Commission of Neutrals hopes that this proposal will receive the prompt acceptance of Your Excellency’s Government.
President
- The same telegram, December 15, to the Paraguayan Minister for Foreign Affairs.↩