724.3415/3025
Memorandum by the Chairman of the Commission of
Neutrals (White)
[Washington,] March 10, 1933.
Mr. Finot called and left with me a copy of the Bolivian reply of March 2
to the neighboring countries. He also left a confidential
memorandum64
regarding the modifications proposed by the Minister of Foreign Affairs
of Chile to the Bolivian counter proposal.
The Minister told me that Bolivia was not at all pleased with the
attitude of Argentina and Chile in the matter. He said that Bolivia
feels that Argentina is frankly hostile to Bolivia and that Chile is
trying to get Bolivia under her tutelage.
Bolivia insists that she should know the Paraguayan counter proposal
before any new project is advanced and that any new project should be
advanced by Argentina, Brazil, Chile and Peru in unison. Bolivia does
not want to negotiate with each one of the neighboring countries
separately over possibly four different sets of plans.
The Minister added that Bolivia insists that the Neutrals be kept advised
of the negotiations and has insisted that unless the neighboring
countries do so Bolivia will advise the Neutrals herself. He said it was
for that reason that he was leaving me, under instructions of his
Government, these two very confidential memoranda.
I asked the Minister whether he was leaving these with me for my own
personal information or for the information of the Neutral Commission.
He said that as far as he was concerned he did not care one way or the
other. He thought that if I gave the information to the Neutral
Commission perhaps it would get out and be made public and that then
Argentina and some of the other neighboring countries
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might charge that this Government was
trying to block their efforts by having the information published. He
did not know just what the policy of this Government would be in that
connection and therefore left the matter entirely to my discretion. I
told the Minister that I would consider the memoranda as confidential
for my own personal information only unless and until the Bolivian
Government should present this information to me for the Neutral
Commission, in which case of course I would have no alternative but to
transmit it to my Neutral colleagues.
Reply of the Government of
Bolivia to the Proposal Made by the
Governments of Argentina, Brazil, Chile, and Peru for
Settling the Chaco Question
The Government of Bolivia is pleased because the proposal of the ABCP
seeks the auspices of the Commission of Neutrals of Washington and
it sets forth the following bases.
In accepting in principle the suggestion in favor of the peace which
the proposal of the ABCP contains Bolivia states:
- First. All previous drafts and diplomatic acts shall be
considered non-existent and shall not influence the arbitral
decision.
- Second. The question shall be settled by arbitration in
accordance with the principles proclaimed by the American
nations on August 3 of last year, that is to say, by
establishing that neither force nor occupation constitute
titles to territorial sovereignty. The arbitral award shall
apply the principle of the uti possidetis
juris of 1810.
- Third. The territory in dispute shall be awarded to the
party which has the better titles. The award shall not,
without the consent of the parties, establish compensations
nor arrangements to title in equity.
- Fourth. The zone awarded by President Hayes shall be
included in the arbitrable territory.
- Fifth. The arbitrable territory shall be bounded as
follows: on the east, by the Paraguay River; on the south,
by the Pilcomayo River; on the north, by the 21st parallel,
and on west by meridian 59°55’ west of Greenwich.
When the agreement in the foregoing points is reached, the contingent
questions shall be considered, concerning which the Government of
Bolivia advances: 1st. The withdrawal of the forces to the
Ballivián-Roboré line as indicated by the Act of Mendoza, is an
impediment (inconveniente) and is
unacceptable to Bolivia. Bolivia
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reiterates its view that each party should
remain in the positions occupied at the time of the suspension of
hostilities. 2nd. In order that the solution may be endowed with
high authority, Bolivia suggests the employment of continental
justice. The question or questions to be submitted to arbitration
shall be determined by the vote of the Presidents of the Supreme
Court of Justice of all the states of America, who would be
consulted on the differences which may arise in the course of the
peace negotiations. A special organism, constituted in Rio de
Janeiro or Lima would be charged with placing the interested
governments in contact with the Presidents of the Supreme Courts.
The computation of the opinions and the proclamation of the results
would be entrusted to the Chief Justice of the Supreme Court of the
United States of America. 3rd. Within twenty days following the
cessation of hostilities the prisoners retained by both parties
would be returned.
