Copies, in Spanish text and English translation, of these three
documents, as adopted and signed, are enclosed.
[Enclosure 1—Translation]4
Declaration
[Buenos
Aires,] January 21, 1936.
Whereas: The Governments of the Republics
of Bolivia and Paraguay, in accordance with the stipulations of the
peace protocol of June 12, 1935, have effected the definite
cessation of hostilities and the demobilization of their armies:
Both states, in friendly collaboration with the mediatory countries,
maintain their agreement to fulfil the stipulations contained in the
protocol of June 12, 1935 and are now in a position to settle in a
just and equitable manner some of the pending questions;
In accordance with the protocol of June 12, 1935 it is indispensable
to maintain in its entirety the system of securities established by
that instrument:
The Peace Conference,
With the noble purpose of consolidating a propitious atmosphere, in
keeping with the spirit of sound understanding and reciprocal
cooperation which should exist between neighboring countries.
Recommends to the Parties
That, on the basis of reaffirming the stipulations of the protocol of
June 12, 1935, they agree on the maintenance of the security
measures provided in the said protocol;
That they enact as soon as possible the necessary measures for the
complete return of prisoners; and
That they agree on the renewal of diplomatic relations between the
two countries.
All of which, carried out under the auspices and the moral guaranty
of the Conference, cannot but contribute greatly toward
strengthening peace and harmony on the continent.
[Enclosure 2—Translation]5
Protocolized Act
In Buenos Aires, on the twenty-first day of January, 1936, meeting in
the residence of the President of the Republic, the Plenipotentiary
Delegates of the Republic of Bolivia, Dr. Tomás M. Elío, Minister of
Foreign Affairs, and Dr. Carlos Calvo, and the Plenipotentiary
Delegates of the Republic of Paraguay, Dr. Gerónimo Zubizarreta and
Dr. Vicente Rivarola, having in mind the conciliatory affirmations
and suggestions received from the Peace Conference, and under the
auspices and the moral guaranty of said Conference, in a desire
[Page 37]
promptly to reach a
definitive settlement of their differences, agree to the
following:
Article I. The contracting parties confirm the
obligations deriving from the protocol of June 12, 1935 and,
consequently, reiterate their willingness to continue to honor as
they have hitherto honored:
- (1)
- The stipulations relating to the Peace Conference convoked
by His Excellency the President of the Argentine Republic,
to the ends established in article I of the protocol of June
12, 1935 (clauses 2, 3, 5, 6 and 7), with the exception of
clause 1, which has already been fulfilled by said
Conference’s resolution of July 1, 1935, and of clause 4,
when article IV and the subsequent articles of the present
convention have been executed;
- (2)
- The stipulations relating to the definitive cessation of
hostilities on the basis of the positions of the then
belligerent armies, as has been determined by the Neutral
Military Commission in the manner provided by clauses (a), (b), (c) and (d) of
article II of the protocol of June 12, 1935;
- (3)
- The stipulations relating to the measures of security
adopted in clauses 2, 3 and 4 of article III of the protocol
of June 12, 1935;
- (4)
- The recognition of the declaration of August 3, 1932 on
the acquisition of territory, as set forth in article IV of
the protocol of June 12, 1935.
Article II. The measures of security appearing
in clauses 2, 3 and 4 of article III of the protocol of June 12,
1935, as well as that deriving from clause 2 of article I of the
present convention, shall be maintained until the provisions of
article I, clause 3, of said agreement of June 12 are carried out in
their entirety.
Article III. The Peace Conference shall decide
the practical questions which may arise in putting the measures of
security into effect in accordance with the provisions of article I,
clause 2, of the mentioned protocol, for which purpose the
contracting parties hereby authorize the Conference to designate one
or more special commissions subordinate to it.
Article IV. The parties shall proceed to the
reciprocal return of prisoners of war, beginning the return within
thirty days of the date of the last legislative approval of the
present document, undertaking to continue it without interruption
until complete liberation of the prisoners, in accordance with the
time-limits and rules which may be fixed by the Peace Conference, or
the Executive Committee set up by it in case it temporarily suspends
its labors, bearing in mind the exigencies of the organization and
effecting of transportation which it deems should be taken into
consideration. Concentration of the prisoners and preparations for
their return shall be begun as soon as this document has been
signed.
Prisoners on the sick list who cannot be immediately transferred will
nevertheless be freed and their transfer will be accomplished as
soon as possible.
[Page 38]
Article V. Both parties hereby request the
Peace Conference to depute a special commission to deal with
everything concerned with the return of the prisoners, in accord
with the authorities of the respective countries. Such special
commission shall be subject to the Peace Conference, or to the
Executive Committee acting for it during any period of temporary
suspension of its labors.
Article VI. In case it should be necessary or
advisable to utilize means of communication in neighboring states to
facilitate repatriation, the Governments of Bolivia and Paraguay
(Paraguay and Bolivia) shall request, sufficiently in advance, the
necessary authorization from the governments of those states.
Transportation shall be effected in accordance with the measures and
conditions agreed upon by the mentioned states on the basis of
traffic needs, local security, sanitary requirements, or other
factors not foreseen.
Article VII. Expenses incurred in the
transportation of prisoners through the territory of a third state
shall be borne by the country of which they are nationals.
Article VIII. The contracting parties, taking
into consideration the number of prisoners and considering the
expenses incurred, hereby agree to compromise the matter,
stipulating that the Government of Bolivia shall refund to the
Government of Paraguay the equivalent of two million eight hundred
thousand (2,800,000) pesos, Argentine legal tender, in pounds
sterling at the closing rate on the twentieth day of January, one
thousand nine hundred and thirty-six, that is, one hundred and
fifty-four thousand two hundred and sixty-nine pounds, nineteen
shillings, five pence (£154, 269/19/5), and the Government of
Paraguay shall refund to the Government of Bolivia the equivalent of
four hundred thousand (400,000) pesos Argentine legal tender, in
pounds sterling at the same rate, that is, the sum of twenty-two
thousand and thirty-eight pounds, eleven shillings, four pence
(£22,038/11/4) the resulting balance of one hundred and thirty-two
thousand two hundred and thirty-one pounds, eight shillings, one
pence (£132,231/8/1) in sight drafts on London, equivalent to two
million four hundred thousand (2,400,000) pesos Argentine legal
tender, at the rate mentioned, to be paid, thus terminating all
present or future differences on the matter.
This balance shall be deposited in the Central Bank of the Argentine
Republic, within thirty days from the date of the last legislative
approval of this agreement, to the order of the Minister of Foreign
Affairs of the Argentine Republic and the Chairman of the Peace
Conference who will place it to the order and disposal of the
Government to which it is due as soon as the special committee
informs the said Minister that the stipulations of this document
have been fully
[Page 39]
complied
with as regards the reciprocal liberation of the prisoners of
war.
Article IX. The parties agree to renew their
diplomatic relations as soon as possible.
Article X. The present protocolized act shall
be subject to the legislative approval of the respective Congresses
in accordance with constitutional provisions in effect.
By virtue of which they subscribe, in three copies and by mutual
agreement, jointly with the representatives of the mediatory states,
to the present protocolized act, which they sign and seal on the
date and in the place indicated above.6
- Tomás M. Elío
- Carlos Calvo
- Gerónimo Zubizarreta
- Vicente Rivarola
- Carlos Saavedra Lamas
- José de Paula Rodrigues
Alves
- Félix Nieto del Río
- Spruille Braden
- Felipe Barreda Laos
- Eugenio Martínez
Thédy
