721.23/2280: Telegram
The Ambassador in Brazil (Gibson) to the Secretary of State
[Received May 11—2:45 a.m.]
75. My 73, May 10, 7 p.m. Following is the full text in translation of Mello Franco’s compromise formula which is communicated in confidence:
“Article 1. Perú sincerely deplores as she has previously declared the events which occurred at Leticia on September 1, 1932, and the others which without the responsibility of her Government have immediate connection therewith and perturbed her relations with Colombia.
The two governments having resolved to reestablish their relations Perú manifests the desire that these be restored with the intimate friendship of the past and the profound cordiality of the two sister peoples. Colombia sharing these sentiments declares that her proposals are identic.
For this purpose Perú and Colombia agree simultaneously to accredit Legations in Bogotá and in Lima.
Article 2. The boundary treaty of March 24, 1922, ratified on January 23, 1928, constitutes one of the judicial ties which unites Perú and [Page 350] Colombia and cannot be modified unless by the mutual consent of the parties or by decision of international justice under the terms of article 7.
Article 3. The negotiations between the two countries will be continued through normal diplomatic channels in order that all pending problems may receive a just, lasting and satisfactory solution observing during the course of these negotiations the principles established by the present protocol.
Article 4. Having in view the common necessities of the two states in the Amazon basin Perú and Colombia will enter into special agreements concerning customhouses, commerce, free navigation of the river, protection of settlers, traffic policing of frontiers and all others which may be necessary to obviate any difficulties which arise or may arise in the frontier region between the two countries.
Article 5. For the same purpose the two governments will conclude an agreement demilitarizing the frontier under which they will be obligated to maintain there only civilian authorities and the police forces strictly indispensable for the needs of internal public order.
The two Governments will nominate to this end a technical commission composed of an equal number of members of each nationality presided over alternatively month by month by the highest ranking official of each, the first president to be selected by the drawing of lots. The seat of the commission will be fixed by mutual accord between the Governments.
Article 6. In order to supervise and verify the execution of the agreements covered by clause 4, a commission of three members will be created, nominated by the Governments of Peru, Colombia and Brazil, the president of which will be the last named. The seat of the commission will be in territory of one or the other contracting countries within the region to which the above-mentioned agreements apply, it having the right to move from one point to another within the boundaries, in order more effectively to collaborate with the local authorities of both states for the maintenance of a régime of permanent peace and neighborly relations on the common frontier.
Sub-paragraph 1. This mixed commission has no police power, administrative function or judicial competence in the territories subject to the jurisdiction of the High Contracting Parties whose authorities there shall exercise their full powers.
Sub-paragraph 2. If, however, in the execution of the above-mentioned agreements which shall form an integral part of the present protocol there should arise disputes due to decisions which have violated any of the mentioned agreements or which refer to an interpretation of those agreements or to the nature and extension of the reparations due to the breaking of one of them and such disputes are brought by the interested parties to the attention of the commission, the commission will forward these cases with all information to the two Governments in order that they may in mutual understanding take the necessary adequate measures.
Sub-paragraph 3. In the absence [of] this understanding and after the period of 90 days has elapsed counting from the date of the communication to the two Governments the commission will finally resolve the question by a majority of votes.
[Page 351]Sub-paragraph 4. The two Governments will solicit the cooperation of the Government of Brazil for the composition of the commission.
Sub-article 7. Perú and Colombia solemnly obligate themselves not to make war nor to employ directly or indirectly force as a means of solution for their present problems or for any others which may occur in the future. If in any eventuality they do not reach a solution through direct diplomatic negotiations either of the High Contracting Parties may appeal to the procedure established by article 36 of the statutes of the Court of International Justice.
Only sub-paragraph. In this case the High Contracting Parties reciprocally promise to agree among themselves as to the means for the extension of the sentence. If, however, they do not reach an agreement the Court itself will stipulate the terms as provided in article 38 of its statutes,”