724.3415/3051
The Argentine, Brazilian, and
Peruvian Ambassadors and the Chilean Chargé to the
Chairman of the Commission of Neutrals (White)
[Translation]
Washington, March 20, 1933.
Excellency: Pursuant to instructions from our
Governments, we have the pleasure of communicating, confidentially, to
the Commission of Neutrals, the Act signed at Mendoza on the 2d of
February of 1933,—in which Act there is given the peace formula
suggested by them to the Governments of Bolivia and Paraguay,—and the
replies which the latter have made to the said proposal. We extend to
Your Excellency [etc.]
M. de Freyre y S.
Ambassador of Peru
Felipe A. Espil
Ambassador of Argentina
R. de Lima e Silva
Ambassador of Brazil
B. Cohen
Chargé d’Affaires a. i. of Chile
[Enclosure 1—Translation]
Act of Mendoza Signed February 2,
1933
Act
Having met at the City of Mendoza, on the first and second days of
February of one thousand nine hundred thirty and three, Their
Excellencies the Ministers of Foreign Affairs of the Argentine
Republic and of the Republic of Chile, Dr. Carlos Saavedra Lamas and
Mr. Miguel Cruchaga Tocornal, for the purpose of considering various
matters of common interest which pertain to continental solidarity,
[Page 289]
in accordance with the
spirit of frank harmony and of cordial cooperation which unite the
respective peoples and governments, and, among the said matters, the
present situation of the deplorable armed conflict dividing the
sister peoples of Bolivia and Paraguay and the problems thereby
posed before the other countries, especially the countries which are
limitrophe neighbors.
And considering:
- First. That a last effort should be
made to put an end to the lamentable state of affairs which
exists in the Chaco Boreal, which de
facto constitutes a war although war has not been
formally declared;
- Second. That the other countries,
especially the limitrophe neighbors, cannot contemplate that
situation passively, which situation, besides signifying a
lamentable retrogression, from the standpoint of the moral
and material guarantees with which the American Continent
has heightened its civilizing work, is also a source likely
to originate, unfortunately, diplomatic difficulties of a
delicate character, in view of the peculiar position in
which the contending countries have placed
themselves;
- Third. That in order to solve that
conflict in a manner acceptable to both parties the friendly
mediation authorized by the first Hague Convention of
1907,70 for the pacific solution of
international conflicts is advisable;
- Fourth. That for such purpose there
should be held particularly in mind the lessons which flow
from the continuous efforts previously made, with the most
laudable purpose, by the Commission of Neutrals, as well as
by other countries and international entities, and among
these, because of its recent date, the conclusions of the
exploration carried out by the Government of the Argentine
Republic before the Governments of Bolivia and of Paraguay
as well as the draft formula suggested by the Government of
the Republic of Chile;
- Fifth. That from the exploration of
the Argentine Government, which is referred to, and from
studies made by the Government of Chile, it appears that, in
the present state of affairs which exist in the Chaco
Boreal, a solution on the following essential bases would be
viable for the purpose of reaching a solution of the
conflict as soon as possible, without greater sacrifices of
peace, which sacrifices are incompatible with the sentiments
of the continent:
- a)
- To submit to an arbitration juris all and every one of the questions
which may be brought up for the definitive solution
of the Chaco dispute. The arbitral tribunal would be
constituted within the period of one month from the
date of the formal proposal. The compromis would be signed at an American
capital; the tribunal would function
[Page 290]
in a second capital, and
the arbitral award would be communicated to the
parties in a third capital. If there should be
difficulty regarding the determination of the
litigated zone or the submittal of such point to
arbitration, it would be suggested that an avis consultatif regarding it
be requested from the Permanent Court of
International Justice.
- b)
- The parties declare the hostilities terminated in
this act.
- c)
- Both parties agree to withdraw their respective
troops in such manner that Bolivia would concentrate
them in two nuclei situated at Ballivián and Roboré
and Paraguay, upon the Paraguay River.
- d)
- The parties agree consequently to reduce their
military effectives to the number which they had in
time of peace and, therefore, agree to
demobilization;
- Sixth. That before formulating
officially to the two contending countries the bases laid
down in the fifth point, above, it is proper to submit them
confidentially to the Governments of Bolivia and Paraguay,
for the purpose of determining their viability without
ambiguity;
- Seventh. That the agreement signed
at Buenos Aires on August sixth, one thousand nine hundred
thirty and two,71
between the Governments of Argentina, Brazil, Chile and
Peru, is inspired in proposals which agree entirely with the
foregoing points and its stipulations oblige the four
countries referred to to act in common, in jointly offering
their friendly services to Bolivia and Paraguay.
In view of all the foregoing, the
undersigned Ministers of Foreign Affairs agree upon the following:—
- First. To propose, confidentially,
to the Governments of Brazil and of Peru, in view of their
capacity as signatories of the Agreement of August sixth,
one thousand nine hundred thirty and two, the formula laid
down in point five of this Act, with the understanding that
if the two Governments referred to should also consider them
viable and appropriate to the purpose, as the Governments of
Argentina and of Chile already considered them, the said
formula shall be submitted in advance, as soon as possible
and in the same confidential way, to the Governments of
Bolivia and Paraguay, as the last effort which the four
limitrophe countries are making as a measure of friendly
mediation, for the purpose of advancing a peaceful and
dignified solution, for both parties, of the armed conflict
in which the said parties, unfortunately, find themselves
involved.
- Second. If the Governments of
Bolivia and Paraguay should give their agreement to the
formula expressed, the four limitrophe countries will then
address themselves to the five countries constituting the
Commission of Neutrals of Washington, to the end that the
nine countries jointly present, in a formal manner, to the
Governments of
[Page 291]
Bolivia and Paraguay, the formula of pacification expressed
above, and at the same time invite the other countries of
the continent to second them in such action.
- Third. In any case, it is
understood that the Governments of the Argentine Republic,
of Brazil, of Chile, and of Peru maintain and reaffirm the
unity of views and action which found expression in the
Agreement of August sixth, one thousand nine hundred thirty
and two, whether as mediating countries or as neutral
countries.
- Fourth. In consequence of the
foregoing, the signatories resolve to communicate,
immediately and simultaneously, copies of this Act to the
Governments of Brazil and Peru, with the request that they
express to the senders their views on the subject.
- Fifth. They resolve, likewise, to
communicate a copy of this Act to the Governments of Bolivia
and of Paraguay when the moment arrives for the presentation
to these two countries, by the four limitrophe countries, of
the formula referred to in point one. In faith whereof, the
undersigned subscribe this Act in two copies of the same
tenor, drawn up at the City of Mendoza on the second of
February, one thousand nine hundred thirty and three.
- Miguel Cruchaga
- Carlos Saavedra Lamas
[Enclosure 2—Translation]
Reply of Bolivia
The reply to the A. B. C. and Peru, expresses pleasure that the
proposal will seek the sponsorship of the Commission of Neutrals of
Washington and indicates the following bases, accepting, in
principle, the suggestion of peace.
- 1)
- All previous drafts (proyectos)* and
diplomatic acts are considered non-existent, not influencing the
arbitral decision.
- 2)
- The question shall be settled (deflnida) by arbitration, in accordance with the
principles proclaimed by the American nations, on August 3,
1932; that is to say: that neither force nor occupation
constitute titles to territorial sovereignty. The arbitral
decision shall apply the principle of uti
possidetis juris of 1810.
- 3)
- The territory shall be adjudicated to the party having the
best titles. The award shall not, without the consent of the
parties, establish compensations nor arrangements as a matter of
equity.
- 4)
- The zone awarded by President Hayes72 is
included in the arbitrable territory.
- 5)
- The arbitrable territory is delimited [as follows]:74 on the east by the River Paraguay, on
the south by the River Pilcomayo, on the north by parallel 21°,
and on the west by meridian 59°55' West Greenwich.
When the agreement on the foregoing points is reached, the contingent
questions will be considered, concerning which questions we
announce:
- a)
- The withdrawal of the forces to the line Ballivián-Roboré,
which is indicated by the Act of Mendoza, is inappropriate
and unacceptable for Bolivia. We add that Bolivia reaffirms
the view that each party should remain in the positions
occupied at the time of the cessation of fire.
- b)
- In order that the solution may carry high authority, we
suggest continental justice. Question or questions to be
submitted to arbitration, to be settled by vote of the
Presidents [i. e., Chief Justices]74 of the Supreme Courts of Justice of
all the States of America, which would be consulted on the
differences which may arise in the course of the
negotiations of peace. A special organism, constituted at
Rio de Janeiro or Lima, would undertake placing the
interested Governments in communication with the Presidents
of the Supreme Courts. The counting (computación)† of the
opinions expressed and the proclamation of the results would
be entrusted to the President of the [sic]74 Federal Court of the
United States of America;75
- c)
- Within twenty days following the moment of the cessation
of hostilities, the prisoners would be returned.
[Enclosure 3—Translation]
Reply of Paraguay
The bases proposed, of arbitration, demilitarization, and reduction
of armies are accepted by Paraguay with the modifications and
additions stated below:
- First: That the words “zone in
litigation” (zona litigiosa) be
replaced by the expression “specific subject of the
controversy” (materia específica de la
controversia);
- Second: That the Bolivian troops
withdraw to Villa Montes and Roboré;
- Third: That the military effectives
be reduced to the minimum required by the internal security
of each State, for the term of five years;
- Fourth: That an investigation, of
an international character, be proceeded to for the purpose
of determining the aggressor and his responsibility.
