The Bolivian Foreign Office on the same day issued a communiqué, stating
that Bolivia accepted in principle the new suggestions intended to bring
about a peaceful solution of the Chaco question, but without making
public the details of the proposal nor of the Bolivian reply, the
negotiations being considered of a confidential nature. Enclosure No.
2.62
The Legation’s comments on the Bolivian reply will be contained in a
later despatch.
The Argentine, Brazilian and Chilean Ministers are optimistic as to the
outcome and feel that the beginning of an understanding between the two
belligerents may now be reached, in spite of Bolivia’s major
reservations, viz as to the withdrawal of troops and the delimitation of
the arbitral zone. The Peruvian Minister is not so optimistic, and is of
the opinion that these reservations will not be acceptable to Paraguay,
and that the Bolivian policy is to delay the negotiations until a
military success in the Chaco can be achieved.
The Bolivian reply was given to me by the Minister of Foreign Affairs and
is to be considered confidential until it is released by the four
neighboring countries. It is the first instance since the beginning of
the diplomatic negotiations following the outbreak of hostilities in
[Page 279]
July, 1932, in which the
Bolivian Government has put forward a concrete proposal for the
settlement of the dispute.
[Enclosure—Translation]
The Bolivian Minister for Foreign Affairs
(Canelas) to the Ministers of Argentina, Brazil, Chile, and Peru in
Bolivia
La
Paz, February 28, 1933.
Memorandum
The Bolivian Government has had the honor to receive on February 25,
the confidential project of a proposal which has been presented to
it in the name of the Governments of Argentina, Brazil, Chile, and
Peru for the purpose of establishing the bases for a pacific
settlement of the Chaco question.
The Bolivian Government has stated on various occasions, and now has
the pleasure of reiterating, its favorable inclination to accept
friendly initiatives directed towards establishing peace and of
seeking a just and permanent settlement of the territorial
controversy which exists between Bolivia and Paraguay, making of
record in each instance the advantage of having these suggestions
concerted in conjunction with the Commission of Neutrals in
Washington, which has for some time past been following the course
of the conflict, and whose efforts in favor of peace have reflected
with continuing good will, the state of mind of the continent with
relation thereto. For these reasons, the Bolivian Government notes
with pleasure that the Governments of Argentina, Brazil, Chile and
Peru have also been pleased to invoke the auspices of that
Commission for the new conditions of peace which they are engaged in
formulating.
The Bolivian Government honors the noble purposes of the Governments
of Argentina, Brazil, Chile and Peru, and has studied with the
attention that it deserves, the important document which has been
submitted to its consideration in a confidential way. After
accepting, in principle, as it has consistently done in previous
instances, the generous idea of putting an end to the bloody
struggle which has arisen because of the incessant advances that
Paraguay has been carrying on in the Bolivian territory of the
Chaco, and in its desire to cooperate, on its part, in the
reestablishment of peace, the Bolivian Government takes the liberty
of formulating the following conditions for a settlement, which were
already mentioned, although briefly, by the President of Bolivia in
an extra official conversation with the Argentine Minister some
weeks ago.
[Page 280]
- 1.
- All diplomatic projects and acts entered into prior to this
agreement are considered to be non-existent, and shall not
influence the arbitral decision.
- 2.
- The question shall be defined by the arbitration, in
accordance with the principles proclaimed by the majority of the
American nations in the declaration of August 3, 1932; that is
to say, in the sense that neither force nor occupation
constitute titles to territorial sovereignty. In a positive way,
the arbitral award shall apply the principle of the uti possidetis juris of 1810.
- 3.
- The territory in question shall be adjudicated in the
arbitration to the party who may have the better titles
(thereto), denying, as has been said, any value to acts of force
and of occupation. The award shall not anticipate the
establishment of compensations or settlements in equity, without
the consent of the parties.
- 4.
- The territory awarded by President Hayes shall be comprised in
the territory subject to arbitration.
- 5.
- The territory to be submitted to arbitration shall be bounded
on the East by the Paraguay River; on the South by the Pilcomayo
River; on the North by Parallel 21; and on the West by Meridian
59 Degrees, 55 minutes West of Greenwich.
As soon as an agreement has been reached as to the points above set
forth, which, as may easily be seen, are strictly intended to seek a
solution based on justice, which is the only guarantee of
international peace, consideration would then be given to the
questions emerging therefrom, such, for example, as those which have
to do with the details of the armistice, the entity that will be
charged with the arbitral proceedings and the manner of its
realization, the exchange of prisoners, etc.
In order to facilitate their compliance with the lofty mission which
the Governments of Argentina, Brazil, Chile and Perú have taken upon
themselves, the Bolivian Government takes the liberty of expressing
its opinion as to these questions, as follows:
1. In reference to the cessation of hostilities and the withdrawal of
the armed forces, the Ballivián-Roboré line, indicated in the
Mendoza agreement, is disadvantageous and unacceptable to Bolivia,
for reasons which will be made known opportunely if the occasion
arises. In this respect, Bolivia reiterates the opinion, already
expressed on previous occasions, that the armistice should be
concerted in such a way that each of the parties shall hold the
positions in which he finds himself when firing ceases.
2. The problem of the Chaco, in the course of time and because of
facts which are of international knowledge, has reached a state of
grave importance which profoundly affects the national sentiments of
the two peoples. In order that the solution may carry with it the
stamp of unassailable authority, it seems necessary to have recourse
to some form of continental justice. Bolivia would therefore propose
that the question or questions to be submitted to the arbitral
decision should be decided by the vote of the Presidents of the
Supreme Courts of Justice of all the American States, who would be
consulted, as legal
[Page 281]
arbitrators, in order to hand down opinions as to the concrete
questions that may arise in the course of the negotiations for
peace, and which cannot be settled by direct understanding between
the parties.
A special organism, set up by the Governments of Bolivia and
Paraguay, sitting in Rio de Janeiro or Lima, would be charged with
keeping the interested governments in contact, through the medium of
the respective Foreign Offices (Bolivian and Paraguayan), with the
Presidents of the Supreme Courts of Justice of the American States,
the computation of the opinions expressed, and the proclamation of
the results to be confided to the President of the Supreme Court of
Justice of the United States.
3. Within 20 days following the cessation of hostilities, the
Governments of Bolivia and Paraguay would deliver at neutral cities
or points, to be designated opportunely, the prisoners held by each
of them.
If the confidential explorations now being carried out by the
Governments of Argentina, Brazil, Chile and Peru indicate the
possibility of a beginning of an understanding as to the points
which with sincerity and loyal intentions have been set forth above,
the Government of Bolivia will be honored to accept the friendly
good offices which the said governments are pleased to announce, in
joint action with the Washington Commission of Neutrals.
