Communicated to the Council End Members of The~'Leaaue, G.20.M
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L E AC-175 OF NATIONS Communicated to the Council G.20.M.5.1933.711. end Members of the~'Leaaue, Geneva, January 7th, 1933. Note by the Sscr s t a neral. The Secretary-General has the honour to circulate to the Council and Members of the League the following communi- cation, with annexes, dated January 4th, which he has received from the Colombian Government, regarding the situation at Leticia. Geneva, January 4th, 1933. To the Secretary-General. I have the honour to attach a communication with annexes, which His Excellency Dr. Eduardo Santos, Envoy Extraordinary and Minister Plenipotentiary of Colombia on special mission to Europe, former Minister of Foreign Affairs and former delegate to the League Assembly, has instructed me to transmit to you. ( signed) Rafael GUIZADO , Acting Chargé d’Affaires of the Permanent Colombian Delegation accredited to the League of Nations. Péris, January 2nd, 1933. To the Secretary-General. Acting on special instructions from my Government I have the hocour tn give you the following information concerning the incidents which have occurred as a result of the disturbance r-f order in a part of Colombian terri tory on the Amazon, which has been invaded by armed bands, and the motives by which the Colombian Government has been and continues to be actuated in all the phases of this matter, which in some quarters is regarded as likely to endanger peace in America. I. On the night of September 1st to 2nd, 1932, a group of armed individuals coming from places situated in the territory of the Peruvian Republic invaded the river port of Leticia, the capital of the Colombian district of the Amazon, situated on that river, t The Colombian civil authorities of that port, where there was no military garrison, were taken by surprise by the assailants, who imprisoned them, seized the Treasury funds and all the administrative property, and replaced the Colombian flag by the Peruvian flag. The authorities in question were subsequently expelled from Leticia, together with the Columbian families residing there, and were obliged to seek refuge in Brasilian territory. Since the assailants have consolidated their position in the invaded region and have made preparations of a military nature with a view to resisting the measures taken by Colombia to rasters the legitimate authorities and to terminate this violent occupation, for which there is no justification or excuse. II. After lengthy end laborious negotiations, the Republic of Colombia had succeeded in obtaining a cordial settlement of all its frontier questions with neighbouring countries on a peaceful end harmonious basis. As regards the Amazon basin, these questions were completely settled by the treaties concluded with Ecuador on Jul.y 15th, 1916, with Peru on Larch 24th, 1922 and with Brazil on April 24th, 1907 and November 15th, 1928. Under the Treaty between Colombia and Peru regarding Frontiers and Free Navigation mentioned above, the frontiers between the two countries were finally fixed and the questions outstanding between them, in this connection were irrevocably settled. The last paragraph of Article 1 of this Treaty r ads as follows: ’’The High Contracting Parties declare that all disputes which have arisen in the past with reference to the boundaries between Colombia and Peru are hereby finally and irrevocably settled and that the boundary line fixed by the present Treaty shall remain unaffected by any future dispute,” This Treaty was ratified by Colombia and Peru in 1925 and 1928 respectively, and was registered with the League of Nations Secretariat on May 29th, 1928. Tne boundary line agreed upon was subsequently marked on the ground by -4 - the Boundary Commissions appointed by the two Parties, and the authorities of both Parties handed over to each other the territories mentioned in the Treaty, the text of which is attached to the present note for purposes of documenta tion. The whole of the prescribed work: of delimitation was finally completed in the most friendly manner in August 1930, Full effect was thus given to the Treaty, which was carried out loyally and sincerely by both Parties, each of them entering into tranquil and peaceful possession of its territories. III. On no previous occasion has the Peruvian Government mad- any observation as to the 19E2 treaty or any of its consequences or reactions. This treaty was aceopted by the Peruvian administration which concluded it and by the letter's successors, as the basis of the relations between the two countries. It has thus been explicitly recognised by all Peruvian Governments from 1928 down to the present date. The treaty in question, which is based on mutual territorial concessions made in a lofty spirit of American fraternity, is a legally perfect instru ment concluded in a loyal and sincere manner by the Govern ments, which in doing so had in mind the permanent inter ests of the two countries and aimed at establishing a régime of friendship and collaboration in the Ama z o n basin. It was in this - 5 - spirit that it v:as accepted by Colombia, who confined herself to developing the material and cultural conditions of the territories recognised as her property, and did not station military forces there, as ehe considered that her sovereignty was fully safeguarded by stipulations in solemn treaties and by the loyalty of those who have always recognised the complete validity of those final and irrevocable pacts. It may be well to point out that in the Colombian territory situated in the basins of the Amazon, the Putumayo and the Caqueta, covering several hundred thousand square kilometres, the number of persons of Peruvian, nationality does not exceed 1,000, and that in the zone which the assailants of Leticia are endeavouring to seize the Peruvian population is less than 500. VJhen the Colombian authorities first came to the village of Leticia more than two years ago it consisted of some 30 huts, with not the slightest vestige of commercial activity or any port installations, Leticia is the only contre of population in the zone situated between the Amazon and the Putumayo, and the Colombian authorities did not find there a single road, a single yard of railway, or even a church or a school, which shows the complete absence of cultural life. In the years during which this district has been under Colombian jurisdiction, development works have been started which are already beginning to bear fruit. The rights of the inhabitants are fully safeguarded by the Colombian laws and are enforced by the authorities entrusted with their application. - 6 - IV. When the attack on Leticia became known, the Peruvian Government at once informed the Colombian Government that it had had nothing wnatever to do with the planning or execution of these acts, which it deplored and condemned; at the same time it offered its cooperation as provided for in the exist ing treaties and rules of international law with regard to relations between neighbouring countries with a view to prevent ing persons coming from one country from disturbing peace in the other or taking t>art in subversive acts. The Colombian G-overnment was highly gratified to receive these assurances, which constituted the only line of conduct compatible both with the relations of cordial friendship cultivated by the two Republics and with the various pacts and treaties by which they are bound. Among the latter should be mentioned, in addition to the frontier treaty referred to above, the agreement concern ing internal disturbances and neutrality signed at Caracas on July 18th, 1910, to which both States are parties. This agree ment requires every contracting State to refrain from assisting in any way movements of rebellion against aaother signatory State. I also attach the text of the agreement in question for purposes of documentation. V. The Peruvian Government has not amended its original declarations regarding the validity of the legal tie by which the two Rep blics are bound, which is essentially of a final nature. Unfortunately Peruvian authorities of the Department of Loreto have acted in a manner contrary to that legal tie, and thanks to their support the assailants of Leticia have been able to remain in the Colombian territory invaded by them, - 7 - thus prolonging and aggravating a situation which, if international rules had been sincerely observed, would merely have constituted a local disorder of small proportions. VI. Since the beginning of October last the Peruvian Government, through its Ambassador in Washington, has been putting forward proposals for the submission of the questions connected with the events at Leticia to an international commission of the kind provided for in the Inter-American Conciliation Convention concluded at Washington in 1929 and the Santiago Convention of 1923, known as the Gondra Pact, on which the former was based. The Colombian Government has final y rejected these proposals, as it considers that the acts occurred within its territory and are strictly and exclusively of an internal nature, that the attack was made on a Colombian municipality and that the Government is responsible for the restoration of legal order there. It would not be possible, without introducing a highly disturbing element into international relations, to allow acts of this kind to afford a pretext or basis for international disputes and the occupation of territory by irregular armed bands to give rise to the conciliatory procedure laid down in the Gondra Pact, The attitude adopted by the Colombian Government in this matter is clearly justified for two obvious reasons: 1) because in the case of the events at Leticia the assailants are, as stated by the Peruvian Government, private persons acting for their own account, so that in accordance with the constitutional provisions relating to the maintenance of public order the matter falls exclusively within the jurisdiction of the - 8 - Colombian authoriti as; 2) because rs regards the frontier quo stl cn, this was finally settled by a boundary troaty v.hich vv--e duly ratifiée, registered and carried cut on the spot, and the validity of w.iich is expressly recognised by the Peruvian Government.