724.34119/353

The American Delegate to the Chaco Peace Conference ( Braden ) to the Secretary of State

No. 104

Sir: I have the honor to refer to my telegram No. 8 of January 21, 8 p.m.,2 reporting (1) the adoption on that date by the Chaco Peace Conference of a resolution recommending that Bolivia and Paraguay agree on the maintenance of the security measures contained in the Protocol of June 12, 1935,3 take steps for the return of all prisoners of war and renew diplomatic relations, (2) the signature by the representatives of Bolivia and Paraguay of a Protocolized Act putting into effect the Conference recommendations, and (3) the exchange between the Chairmen of the Bolivian and Paraguayan delegations of identic notes in regard to the submission of the Protocolized Act to their respective Congresses for legislative approval.

Copies, in Spanish text and English translation, of these three documents, as adopted and signed, are enclosed.

Respectfully yours,

Spruille Braden
[Page 36]
[Enclosure 1—Translation]4

Declaration

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.

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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
[Enclosure 3—Translation]7

Identic Notes Exchanged Between Chairmen of Bolivian and Paraguayan Delegations

Whereas the Protocolized Act which has just been signed provides that it must be submitted to legislative approval, and desiring that said accord go into effect without delay, I discharge the pleasant duty of informing Your Excellency that my Government will urge upon the National Congress that it consider this subject within twenty days of today’s date.

It is understood that the present note shall be considered an integral part of the Protocolized Act.

  1. Not printed.
  2. See telegram No. 71, June 9, 1935, noon, from the Ambassador in Argentina, Foreign Relations, 1935, vol. iv, p. 73.
  3. Translation supplied from The Chaco Peace Conference, p. 82.
  4. Translation supplied from ibid., p. 83.
  5. Signatures do not appear on the file copy; supplied from The Chaco Peace Conference, p. 85.
  6. File translation revised by the editors.