Foreign Relations of the United States Diplomatic Papers, 1934, The American Republics, Volume IV

721.23/2346

The Ambassador in Brazil (Gibson) to the Secretary of State

No. 277

Rio de Janeiro, June 1, 1934.
[Received June 9.]

Sir: With reference to the Embassy’s telegram No. 101—May 24, 8 P.M., and previous correspondence, I have the honor to enclose herewith a copy and translation of the agreement signed in this city on May 24, 1934, between the Colombian and Peruvian delegations with respect to the Leticia matter.

The agreement has been extremely well received in this city on all sides. Not only the Colombian and Peruvian delegates have expressed their great satisfaction in interviews granted to various local papers but also the local press has been unanimous and profuse in its expressions of approval. High praise has been showered upon the ex-Minister of Foreign Affairs, Mr. Mello Franco, for his indefatigable work of conciliation. A Nação has suggested that the Nobel Peace Prize for 1934 should certainly be given to him and this proposal has been echoed not only in the local press but evidently also in other countries. Particular gratification has been expressed at the success of this peace endeavor in view of precarious and unpromising situations which exist in other parts of the world.

The Department will observe that the protocol and additional act settle everything down to the minutest detail, with the exception of the one vital question—the modification of the boundaries established in the 1922 treaty, which is left to “negotiations between the two countries through normal diplomatic channels” or perhaps to “a decision of International Justice”. Nevertheless, the value of the present agreements should not be minimized. They furnish an invaluable sedative to overly excited national feelings, and particularly in view of the provisions of Article 7 of the Protocol it would be difficult for the countries to go to war even should diplomatic negotiations break down.

In closing I wish to repeat the information forwarded in my telegram No. 93 of May 19, 1 P.M.,²⁴ with respect to the efforts of Dr. Mello Franco. In spite of the death of a brother and a daughter during the critical period of the negotiations, it was largely on account of his patience, tact and resourcefulness that any agreement was concluded.

Respectfully yours,

Hugh Gibson

[Enclosure—Translation]²⁵

Protocol of Peace, Friendship and Cooperation and Additional Act Between the Republic of Colombia and the Republic of Peru, Signed May 24, 1934

The Republic of Colombia and the Republic of Peru, executing the agreement adopted by them in Geneva on May 25, 1933,

Considering,

That both Republics, in harmony with the moral conscience of humanity, assert as a fundamental duty of States the proscription of war, the settlement of their difficulties politically or juridically and the prevention of the possibility of conflicts between them;

That this duty is the more agreeable for the States which compose the American community, among which exist historical, social and sentimental ties, which cannot be weakened by divergencies or events which must always be considered in a spirit of reciprocal understanding and good will;

That this duty of peace and cordiality may be better accomplished by applying the methods established by contemporary international law, for the juridical settlement of differences between States, and for the guarantee and development of human rights.

That the attitude which they now adopt should serve as a fraternal encouragement for the settlement of other international American conflicts:

Have appointed their respective Plenipotentiary Delegates, to wit:

His Excellency the President of the Republic of Colombia, Their Excellencies Doctors Roberto Urdaneta Arbeláez, Guillermo Valencia and Luíz Cano. His Excellency the President of the Republic of Peru, Their Excellencies Doctors Victor M. Maúrtua, Victor Andres Belaunde and Alberto Ulloa. Who, having assembled in the city of Rio de Janeiro, capital of the Republic of Brazil under the presidency of His Excellency Señor Afranio de Mello Franco, and having exchanged their full powers which they have found in good and true form, have agreed to sign, in the name of their respective Governments, a Protocol of Friendship and Cooperation as well as an additional act as follows:

Protocol of Peace, Friendship and Cooperation Between the Republic of Colombia and the Republic of Perú

Article 1. Perú sincerely deplores, as she has previously declared, the events which have taken place since September 1, 1932, which have disturbed her relations with Colombia. The two Republics having resolved to reestablish their relations, Perú expresses the wish that these may be restored with the same intimate friendship as in the past, and the profound cordiality of two sister peoples. Colombia shares these sentiments and declares that it has an identical purpose.

In consequence, Perú and Colombia agree simultaneously to accredit their respective Legations in Bogotá and in Lima.

Article 2. The Boundary Treaty of March 24, 1922, ratified on January 23, 1928, constitutes one of the juridical ties which bind Colombia and Perú and may not be modified or affected except by mutual consent of the parties or by a decision of International Justice within the terms below established in Article 7.

Article 3. Negotiations between the two countries shall continue through normal diplomatic channels, in order that all pending problems may receive a just, lasting and satisfactory solution; and in the course of said negotiations, the principles established in the present protocol shall be observed.

Article 4. In view of the common requirements of the two states in the valleys of the Amazon and Putumayo basins, Perú and Colombia are adopting special agreements regarding customs houses, commerce, free navigation of the rivers, protection of settlers, transit and policing of frontiers; and shall adopt such other agreements as may be necessary to obviate any difficulties which may or might arise in the frontier region between the two countries.

Article 5. The two States shall study an agreement for the demilitarization of the frontier, according to the normal requirements of their (or its) security. The two Governments shall for this purpose appoint a technical commission composed of two members for each of the High Contracting Parties, alternately presided over month by month by the official of the highest rank of each. The first President shall be chosen by lot. The seat of the Commission shall be fixed in common agreement by the two Governments.

Article 6. To supervise the agreements covered by Article 4 and to stimulate their execution, a commission of three members is hereby created, appointed by the Governments of Peru, Colombia and Brazil, the president of which shall be appointed by the latter country. The seat of the commission will be in territory of one or the other of the High Contracting Parties, within the limits of the region to which the above-mentioned agreements apply. The commission shall be free to move from one point to another within those limits, in order more effectively to collaborate with the local authorities of both States for the maintenance of a régime of permanent peace and good neighborhood on the common frontier. The period of duration of this commission shall be four years, which may be extended at the discretion of the two Governments.

• Paragraph 1. The Mixed Commission referred to has no police powers, administrative functions or juridical competence in the territories under the jurisdiction of the High Contracting Parties whose authority shall be fully exercised therein.
• Paragraph 2. However, if in the execution of the agreements above mentioned, which form an integral part of this treaty, there should arise any disputes due to acts or decisions which may imply a violation of any of the above mentioned agreements or which may refer to the interpretation of them or to the nature or extension of the reparations due for the breaking of one of them,—and such conflicts should be brought by the interested parties to the attention of the commission,—the latter will transmit them, together with its report, to the two Governments so that they may take adequate measures in common agreement.
• Paragraph 3. In the absence of such an understanding and after a period of ninety days has elapsed, counting from the date of the communication to the two Governments, the dispute shall be settled by the Commission. Either of the two Governments may appeal, within a period of thirty days, from this decision, to the Permanent Court of International Justice at The Hague.
• Paragraph 4. The two Governments shall request the Government of Brazil to cooperate in the composition of the commission.

Article 7. Colombia and Perú solemnly obligate themselves not to make war nor directly nor indirectly to employ force as a method for the settlement of their present problems or of any others which may arise in the future. If in any eventuality they should not succeed in settling them through direct diplomatic negotiations, either of the High Contracting Parties may appeal to the procedure established by Article 36 of the Statute of the Permanent Court of International Justice, without the latter’s jurisdiction being excluded or limited by the reservations which either of them may have made in the act of signing the optional clause.

Sole Paragraph. In this case, the decision having been announced, the High Contracting Parties obligate themselves to come to an agreement regarding the methods for its realization. Should they not reach an agreement, there are conferred upon the Court, in addition to its ordinary competence, the powers necessary to carry out the decision in which it has declared the right of one of the High Contracting Parties.

Article 8. The present Protocol and the agreements referred to in Article 4, shall be submitted within the shortest period possible, to the ratification of the Legislative Power of the High Contracting Parties, without prejudice to the immediate application of all the measures, according to such constitutional law of each of them, as does not depend upon the previous approval of the Power above mentioned.

Article 9. The exchange of the instruments of ratification of the present Protocol and of the additional act which accompanies it, shall be effected within the shortest time possible, before December 31st of the current year.

In faith of which the Plenipotentiaries above mentioned have signed the present Protocol and have affixed their seals, in two copies at the City of Rio de Janeiro on the 24th day of May, 1934.

Additional Act

which constitutes an indivisible whole with the Protocol signed upon this date by the Delegations of Plenipotentiaries of Colombia and Peru, to which Articles 4 and 6 of said Protocol refer.

Article 1. Entire freedom of transit and navigation shall exist between the fluvial territories of Colombia and Peru, in the valleys of the Amazon and Putumayo. In the exercise of this freedom there shall be no distinction between flags. There also shall be no distinction between the nationals of either of the Contracting States, nor between individuals, who, coming from one of the States, may proceed to the territory of the other, nor between their property or possessions. In either of the States the nationals of both States shall be treated upon a basis of perfect equality. No distinction can be made by reason of the origin or destination or address of consignments.

Article 2. Colombian craft in Perú and Peruvian craft in Colombia navigating their common rivers, tributaries and confluents are exempt from every impost whatever its origin or name.

Article 3. Coastwise commerce or that from port to port of the same country, even though passing through foreign waters, with or without transfer from one vessel to another, shall be subject in each of the two States to its respective laws. The two States shall study the possibility of extending reciprocally, up to a specified boundary a from their respective river banks, the advantages and restrictions of their own coastwise navigation.

Article 4. Merchandise in transit shall not be examined by the fiscal or police authorities of either of the countries.

Article 5. In the exercise of the right common to both States to establish provisions and adopt measures required for the general policing of the territory and for the application of laws and regulations regarding the supervision and sanctions over contraband, health, precautions against diseases of animals and plants, emigration and immigration, importation and exportation of forbidden merchandise, it is understood that these provisions and measures shall not go beyond the limit of necessity and shall be applied upon a footing of perfect equality to the nationals and merchandise of both countries, or which are proceeding to or from either of them, and in no case, without necessity, shall the freedom of navigation or transit which both countries recognize to each other in perpetuity in treaties now in effect, be obstructed.

Article 6. By common accord, Colombia and Perú may establish, when they deem it necessary, imposts of a retributive character, which shall be exclusively destined in an equitable manner to the improvement of conditions of navigation of one or more of their common rivers or their tributaries and confluents and in general to the better service of navigation. Aside from these imposts which shall be the same for the nationals, the vessels and the merchandise of both countries, no other imposts shall be collected between them on the visé of consular invoices, health, tonnage, captaincy of ports, bills of lading, manifests, statements, crew lists, passenger lists, ship store lists, or any other no matter what its name or object, nor may they oblige the vessels of any flag, destined to the ports of one of the countries to carry inspectors or fiscal officers of the other country, or to make forced calls at ports.

Article 7. All shipping owned and manned according to the laws of the country to which it belongs shall be considered Peruvian in Colombian ports and Colombian in Peruvian ports.

For the effects of this Article and for those of Article 2, it shall be understood that vessels, boats, launches, rafts for carrying lumber, rubber and other articles are included, as well as in general, all means of commerce and transit in use in the region. All of these shall enjoy the rights, advantages and liberty now granted or which may be granted to their own nationals for the exercise of their business and activities.

Article 8. Merchant and war vessels of Colombia and Perú shall enjoy, furthermore, all the rights and privileges which, with respect to commerce and to river navigation, each one may have recognized or conceded, or may in the future recognize or concede to any other State.

II.

Article 9. The two States shall organize a special customs régime to facilitate frontier traffic and to protect and develop the commerce of their boundary river regions. For this purpose the custom-house duties and imposts or accessory duties which must be paid on the merchandise, no matter where originating, shall be identical in either country in said regions. The two countries shall come to an agreement for the establishment of a common tariff, adequate to the requirements of the respective regions.

Until this tariff is agreed upon, the highest at present established shall govern.

The custom-house regulations shall also be uniform for both countries in said regions with respect to the manner of collecting duties and the rules, formalities and charges which may be required by shipping operations.

Article 10. A system of customs exemptions shall be established according to which the products of either country, imported in exchange for products received from the other country for the same value, shall be exempt from taxes and duties, in order that each country may free an amount of products equivalent to that which the other has exported.

Article 11. Neither country shall collect duties, taxes or imposts upon agricultural products or their by-products of the frontier zones, destined for exportation.

Lumber destined for working in saw-mills, for exportation, shall be exempt from all import or export taxes.

Article 12. Persons and ships under any flag and merchandise in transit which, destined to the fluvial ports of either country, may have to touch at the ports of the other country, shall be exempt from any impost, tax or contribution, as well as from all those formalities which may obstruct, impede or prejudice in any way their transit. No deposit shall be required.

Article 13. Such merchandise in transit shall be free in either country from the requirement of consular visés and from any other documents or formalities, excepting only those indispensable to hygiene and public safety; in this case, however, they shall be given without the respective officials being allowed to collect any duty, tax or contribution and without detriment to freedom of transit, (un) justified delay in the forwarding, or surcharge on freight.

Article 14. The High Contracting Parties shall proceed without delay to constitute a mixed Commission composed of three Colombian citizens and three Peruvian citizens, appointed by the respective Governments to develop the work of the most complete customs cooperation. It shall be the duty of this Commission: First, to suggest a common customs tariff for Colombian and Peruvian river ports, in the region comprising the valleys of the common rivers. Second, to suggest the unification of the customs regulations to be applied by the authorities of both countries in the fluvial ports. Third, to draw up and propose the system of customs exemptions referred to in Article 10. Fourth, to study all the provisions regarding policing of frontiers to be applied by either country in the fluvial regions, in order to unify the above mentioned provisions and to adopt them as well as possible to the requirements of the region, endeavoring to give the greatest facilities to its inhabitants.

Article 15. It shall also be the duty of the Mixed Commission, mentioned in the preceding article; First, to suggest to the Governments the establishment of an equitable system, equal in both countries, of municipal decisions regarding food supplies coming from neighboring farms and regarding lumber, woods and palm leaves. However, while this system is being established, none of the above mentioned duties shall be collected in either country by the Municipal authorities. Second, to suggest the regulation of a system of free commerce, exempt from any impost or tax, for food supplies, medicines, cotton cloth and tools, brought from abroad, to the frontier regions of the Putumayo.

However, until this system is established, no contribution or tax will be collected on the introduction of these articles. Third, to organize a system of cooperation to prevent smuggling on the frontiers and facilitate its suppression.

III.

Article 16. The two States shall make every effort to exercise in the respective fluvial boundary regions a careful vigilance for the effective safety of the enjoyment and exercise of civil rights and individual guarantees recognized by their laws, of the inhabitants dispersed throughout the forests and those who inhabit the cities and populated centers of the river valleys. The two States consider the measures above-mentioned as an essential condition of international juridical life.

Article 17. The two States shall apply in their fluvial territories the principles of law which assert human dignity, labor and the freedom and welfare of their civilized and uncivilized inhabitants. Consequently they recognize: a) that labor shall not be considered an article of commerce; b) that labor should receive a wage which will assure it an appropriate standard of living in accordance with the circumstances of the locality and time; c) that norms established in each country regarding labor conditions, should guarantee an economical and equitable retribution and have in mind the safety and hygiene of the laborer, the work done by him, the climate, age, sex, food, cultural requirements and the necessary daily and weekly rest, the latter of at least 24 hours; d) that wages should be equal, regardless of sex; e) that the laborer in the forest regions should be specially protected against danger and disease.

Article 18. With reference to the Indians, not adapted or not completely adapted to civilization, the two States recognize it as their fundamental duty, in their respective zones of contact, to charge themselves assiduously and preferentially with the situation of the indigenous tribes, with a view to protecting them, educating them, aiding them, and improving their present condition.

a) Public instruction shall be promoted and schools shall be established in which instruction shall be given in the language of the Indians.

b) All forced and obligatory labor shall be prohibited.

c) The transmission of property does not impose the obligation of emigrating.

d) Freedom of movement is assured with respect to entrance, transit or return one or more times without other formalities than those which custom and the general laws may have established, which formalities shall not be applied to the Indians.

e) The principles adopted by the League of Nations regarding alcoholic beverages, arms and munitions and the prevention and combating of diseases of plants and animals, shall be applied.

f) An effort shall be made in the settling of the natives to prepare them especially for civilized life in their places of origin where the task of attracting and preparing their companions shall be effected.

g) The High Contracting Parties shall maintain, at their expense, in specified localities, dispensaries sufficiently supplied with the drugs and instruments required for the methodical continuous or occasional treatment of the Indians, for the maladies common to the region or in times of epidemic. This service shall be technically organized for the purpose.

h) The High Contracting Parties shall provide that not only in the private companies of exploitation, but also in the special posts and foundations and in the Indian settlements, plants adapted to the region shall be sowed in order to eliminate certain diseases of the zone, caused by deficient alimentation and the Indian shall be taught to cultivate them.

i) The High Contracting Parties shall provide that the wage received by the Indians shall be converted into work tools, clothes, household goods, et cetera, and in no case into alcoholic beverages. They shall also take measures to save them from persons exploiting their ignorance and ingenuousness.

j) The same Mixed Commission entrusted with the fulfillment of the agreement shall organize a service of inspection which shall assure faithful compliance with the above-mentioned principles, the application of which shall be confided to the loyalty and humanitarian sentiment of the two States.

In faith of which the Plenipotentiaries above-mentioned have signed the present Additional Act and have thereunto affixed their seals, in two copies, at the city of Rio de Janeiro, on the twenty-fourth day of May nineteen hundred and thirty-four.

• Afranio de Mello Franco
• Roberto Urdaneta Arbeláez
• Guillermo Valencia
• Luíz Cano
• Victor M. Maúrtua
• V. A. Belaunde
• Alberto Ulloa
• Eliseo Arango, srio.
• Raúl Porras B., srio.

24. Stating that he was sure a personal message of congratulation from the Secretary to Mello Franco would be much appreciated. The Secretary replied in telegram No. 51, May 22, 1 p.m., that on the preceding day he had sent a telegram of congratulation to Mello Franco. (721.23/2316)
25. Revised translation made in the Division of Latin American Affairs.