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 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 . 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 on April 24th,

1907 and November 15th, 1928. Under the Treaty between

Colombia and 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. It is com. on knowledge that the international procedure laid down in the Gonera

Pact is not applicable, as between nations which have not concluded general arbitration treaties (as is the case between Colombia and

Peru), to questions affecting constitutional provisions or which have already been settled by treaties of another kind.

VII.

In accordance with the foregoing considerations the

Colombian Government, as soon as the state of affairs mentioned above arose, initiated the steps required by the Constitution of

the country in view of the disturbance of publio order in tne terri­

tory of Leticia. However, as it was aware of the special nature

of these acts, which affect a frontier region and have been carried

out by nationals of b neighbouring State in the mannex already

explained, the Colombian Government, in dealing with the matter,

has shown the tact, circumspection and goodwill required by its

devotion to the cause of peace and its particular desire to m a m ten

and develop its cordial relations with neighbouring countries,

nevertheless Colombia of course firmly maintains the view that the

situation created by the attack at Leticia is of an exclusively

internal nature, and that this situation cannot afiord a basis or

pretéxt for any other State to dispute the effectiveness of an

established legal order. Nor can it be settled otherwise than b

a restoration of normal conditions in the area of disturbance under

the aegis of Colombian laws and of the Colombian authorities. - 9 -

Colombian Government is convinced that this attitude is in

conformity with the essential interests of peace and justice,

which must necessarily be based on a sincere respect for public

treaties, the prohibition of acts of violence designed to

subvert international order and the undeniable right of each

S'.ate to impose within its territory obediancc to its authorities and laws.

VIII.

In order to gain control of the armed bands which are

enceavcuring unlawfully to seize Colombian territory the Colombian

Government has sent an expeditionary force to the Leticia dis­

trict, solely for the purposes mentioned in this communication.

The Colombian Republic does not wish to occupy one inch of

Peruvian territory or to interfere in the slightest degree in

Peruvian questions of any kind. Its forces have been sent with

the sole object of occupying Colombian territory and preventing

the continuance in the region in question of a scandalous situation

of violence in which all legal and moral order has been suspended.

Colombia has never cherished aggressive or imperialist designs; she merely a sics her neighbours to respect treaties and her treaty rights - and she is entitled to do so in view of her scrupulous respect for these rights and treaties. Colombia

has never thought of attacking any neighbouring country, nor

does she threaten the neutrality of vny nation; all t^at she

hopes and demands is that in any disturbances which may occur in

Colombia her neighbours will observe that sincere neutrality

which they are expressly bound by solemn pacts to maintain. - 10 -

The Colombian G verraient confidently hopes that the

repressive measures of a purely internal character which it is

at present forced to take in accordance with the essential

obligation of every itaoe to mainta in order and effective sove-

reignty within i v s - r ont - ers will not 2 e hanroered by any forei.n

State. It trusts that the Government cf Peru, in conformity with

its international oblig:,tions, will take the necessary steps to

see that the Peruvian authorities in the Department of Loreto,

conforming their conduct to those obligations, withdraw all support from those persons who have invaded the territory of a friendly country. If this were done, order would immediately be restored in the blazon regions and there would no longer be any obstacle to the continuance between Colombia end Peru of the cordial relations and ley 1 and friendly collaboration for which there is every inducement and which in this area are imperatively dictated by reason, by a true ap- re ci at ion cf the facts and by nature itself. If, contrary to Colombia’s hopes and cesires, the

Peruvian Government lends effective assistance to those who have invaded and are occupying Colombian territory and are endea­ vouring to violate solemn treaties, against which no objection has ever been made, the world will clearly be faced with acts which openly infringe not only the existing treaties Detween

Peru and Colombia but also the League Covenant and the Briand-

Eellogg Pact, which explicitly and categorically proscribe and condemn acts cf this kind. - 11 -

The Colombian Government camot and will not believe that the Peruvian Government will assume the responsibility for

such an attitud- , and trusts that the will be

settled as a question of a strictly local character, without

any infringement of the obligations ana rights created by inter­

national engagements. -*11 risk cf conflict between two peoples that are bound by multiple ties, that have no rea - on to poison

their lives with senseless discord and imverialis t ambitions,

which in this case would be a painful absurdity, m i l thus be

removedi This is the supreme aspiration of Colombia, a country

attached to civil order, that for more than thirty years has

enjoyed complete internal peace, that h,: s gone further towards

disarmament than any other country in the world, and that only

wishes tc live in " eace under the pr- tection of t e treaties

'which assure her territorial integrity and of the laws which

safeguard the ri•h s of nationals and foreigners within the

country under a regime of liberty and sincere democracy.

I have the honour, etc.

(S.) Eduardo Santos.

Envoy Extraordinary and Finis ter Plenipotentiary of Colombia on special mission to Europe. Signed a t Lima on March 24fch, 1922.

Approved by the Colombian Congress by Law Ho. 55 of October 5th, 19 25.

Approved by the Peruvian Congress by Legislative Resolu­ tion No. 594.0 of December 20th, 19 27,

Ratified by the on March 3,7th, 192 8

Ratified by the on January 23rd, 192 8.

Ratifioationa exchanged at Bo^otâ on Lie.reh 19th} 1928. Promulgated on March 31st, 1928.

Registered with the league cf Hâtions Secretariat on

May 29th, 1928, under No. 1726 of the Official Treaty Series.

No. ,W2 6. ~ TREATY BETTER COLOMBIA A HD PERU REGARDING- AIfI) "C?35 INIMI) NAVIGATION. SIGNED AT LILA, ^-ARCH 24 uh, 19

, , THE REPUBLIC OF COLOMBIA and THE PERUVIAN REFJBL3C beirr des.rous of definitely settling all disputes concerning their r-esvc- ~ î w î f rri ?riî. riShts and of thus strengthening their friendly mutual interest and advantage, have resolved to vnvo.r com..on frontier by means of a public treaty, and for that purpose have appointed as their respective Plenipotentiaries :

HIS EXCELLENCY THE PRESIDENT OF THE REPUBLIC CF COLO: 31 A:

Dr. Don Febj.o LOZANO T, , Envoy Extraordinary and Minister Plenipotentiary in Lima; and

HIS EXCELLENCY THE PRESIDENT OF THE P.3RUVIAÏÏ REPUBLIC:

Dr, Don Alberto SALOMON, Minister for Foreign Affairs;

Who, having exchanged their full powers found in good and du - form, have agreed as follows : - 13 -

rticle 1.

Peruvia set forth below; From the point: at which the meridian passing throu£ the confluence of the River Cuhimbé wi th the Put uns yo cuts the River San Ligue 1 or Sucumbios and continues along this same meridian to the said confluence of the CuMmbS: thence "along the nthalweg” of the River Putumayo to its confluence with the Rivers Yaguas, whence it follows a straight line running from this confluence to that of the River- Atacuari with the Amason, and thence along the nthaIwegTf of the River Amazon to the boundary between Peru and Brazil estab­ lished in the Treaty between those Republics, dated October 23rd, 185 Colombia declares that, in virtue of the present Treaty, the territory included between the right bank cf the River Putumayo, east of the confluence of the Cuhimbé, and the line established and marked out as the frontier between Colombia and Ecuador, in the basins of the Pu turn y o and lïapo, by the Boundary Treaty drawn up between both Republics on July 15th, 1916, shall belong to Peru.

Colombia hereb; declares that, as regards Brazil, she reserves her rights to the territories situated east of tte Tabatinga Apaporia line, as agreed between Peru and Brazil under the Treaty of October PSrd, 1851.

The Eigh Contracting Parties declare that all disputes which have arisen in the past with reference to the boundaries between Colombia and Peru are hereby finally anc. irrevocably settled and that the boundary line fixed by the present Treaty shall remain 'unaffected by any future dispute.

A rticle 2,

The Governments of Colombia and Peru shall appoint a Mixed Commission , composed of three representatives of each Party, to fix and mark on the ground the boundary line agreed upon. The Commission shall be an ointed within two months after the exchan,-- cf the ratifications of the present Treaty and shall be convened at the city of within a period (not exceeding six months), which is considered sufficient to enable its members to meet and begin work forthwith. If, however, this arrangement is prevented bv any -unforeseen occurrence, the two Governments, may fix a fresh period within which the work of demarcation shall begin.

Artiole 3 o

At places where there are no natural boundaries such as watercourses, mountains, mountain ranges, eto„, which constitute the frontier, the Boundary Commission shall mark the frontier by means cf posts, columns or other permanent landmarks in such a way that the exact boundary line may be found at any time. In order to facilitate the Commission's work, the two Governments shall grant it full powers to make investigations, as well as slight alterations and mutual concessions in the boundary line, should these be necessary to enable the frontier to be fixed clearly and permanent> -hi - 14 - Article 4.

Any disputes regarding the Commission’s work which may arise between the two delegations on the Boundary Commission shall be submitted to the two Governments for settlement; in such cases , however. the vroric of demarca­ tion shall not be suspended. Failing an amicable settle­ ment the dispute shall be submitted to the Permanent Court of Arbitration at the Hague, whose decision shall be final and shall be executed forthwith.

Art icle 5 .

The work of the Mixed Boundary Commission shall be definitive and shall take immediate effect in all cases in which the two delegations are in agreement,

Article 6,

Should either of the two Governments fail to make the appointments necessary to constitute the Commission as set forth above, or should the Commissioners whom it has appointed fail to meet those of the other Government within the time stipulated, the latter may instruct its Commissioners to proceed alone to fix and mark cut the boundary line, with scrupulous fairness and integrity and in accordance with international loyalty and honour. In such a case, the Boundary Commission shall have the right to make use of the territory of cither country for the operations connected with the performance of its task, and the line so fixed shall form the permanent ' boundary between the two countries.

Article 7.

All expenses arising out 6fi the work of demarcation, except the remuneration cf the members of the two delegations on the Mixed Boundary Commission, shall be borne in equal shares by the two Governments.

Article 6.

Colombia and Peru shall grant eaSh other in perpetuity full free dor.: of transit by land and the right of naviga­ tion on their common rivers and the tributaries end con­ fluences of those rivers, subject to the laws and fiscal, river and "police regulations, "but without prejudice to their riant to accord each other extensive Customs fran­ chises and such other privileges as may serve to promote the interests of the two States. The fiscal and police regulations shall be as uniform in their provisions and as favourable to trade and navigation as possible.

Article 9.

The Hi.rh Contracting Parties undertake _ to maintain and respect all concessions of land held prior to the date of the present Treaty by the nationals of the other Party, and, in general, all rights acquired oy nationals and foreigners,in conformity with the respective laws, in - 15

regard to land which, es the result of the fixing of the boundary rs stipulated in Article 1 of the present Treaty, is recognised es belonging to Colombia or Peru, respectively,

Article 10.

„ ,. Colombien or. who. as a result of the fixing of the boundary line, are transferred from one jurisdiction to another, shall retain their former nationality, unless they opt for the nefc-ona by means of a declaration drawn up and signed before the competent authority within six months after the ratification of the present Treaty.

Article 11.

The present Treaty shall be approver and ratified by the High Contracting Parties in accordance with the laws of each, and the instruments of ratification shall be exchanged at Bogota or Lima as soon as possible.

In faith whereof the respective plenipotentiaries have signed the present Treaty in duplicate and have thereto affixed their seals.

Done in the city of Lima» on the twenty-fourth day of March, one thousand nine hundred and twenty-two.

(L.S.) (Signed) Fabio LOZANO T.

(L.S.) (Signed) A. SALOMON. - 16 -

ANNEX 2.

AGREEMENT REGARDING INTERNAL DISTUR3A1CES

AND NEUTRALITY.

The undersigned Plenipotentiaries of the Republics of Ecuador, Bolivia, Peru, Colombia and Venezuela, after exchanging their full powers, have concluded the following agreement regarding internal disturbances and neutrality.

Article I .

When any internal disturbance occurs in any of the oontracting countries, all the other countries shall be obliged to observe the strictest neutrality.

The requests mads by the country in which civil war has broken out for the internment of revolutionaries or other measures for the purpose of making their neutrality more ef­ fective by means of their own laws shall also be taken into consideration by the Parties, They shall likewise take suitable steps to prevent at all times in the territory under their jurisdiction, the promotion of revolutions, attempts to raise levies or preparations for the dispatch of expeditions, and the execution of any of these acts to the prejudice of any of the contracting countries. Fur­ ther they shall refuse to allow vessals to make prepara­ tions in their ports or along their coasts for hostile action against the Government of any Contracting Party.

Article II

The Eigh Contracting Parties undertake to prohibit the passe.ge through their territory of troops, arms or - 17 -

Implements of war Intended to be used against any one of them.

Article III.

They likewise undertake to forbid the vessels or squadrons of countries which are at war with one of the signatories of the present Treaty to take on board in their ports supplies which are contraband of vrar or to be careened or to remain therein.

In faith wnereof the Plenipotentiaries have signed the present agreement in five identical copies.

Done at Caracas on July 18th, 1911.