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Dispute Between Colombia and Peru

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Dispute Between Colombia and Peru [Communicated to the Council Official No. : C. 194. M. 91. 1033. VII. and the Members of the League.] Geneva, March 16th, 1933. LEAGUE OF NATIONS Dispute between Colombia and Peru : COLOMBIA’S APPEAL UNDER ARTICLE 15 OF THE COVENANT LETTER FROM THE PRESIDENT OF THE COMMITTEE OF THE COUNCIL TO THE ACTING PRESIDENT OF THE COUNCIL Geneva, March 16th, 1933. Sir, On March 1st, your Committee submitted to the Council, in accordance with its instructions, a statement regarding the dispute between Colombia and Peru, and the terms of settlement thereof as provided in Article 15, paragraph 3, of the Covenant. The Council adopted the statement together with the terms of settlement of the dispute. The representative of the Colombian Government informed the Council that he also accepted them. The representative of the Peruvian Government asked for a few days’ delay before giving his final reply. The representative of the Penivian Government has not since then definitely rejected the proposals put forward by the Council, but has made a series of counter-proposals which have been communicated to the Council together with the comments of the Committee thereon. On March 8th, the Committee informed the Council that it did not consider that the counter­ proposals of the Peruvian Government offered a basis of solution to the dispute which it could recommend to the Council and the Colombian Government for adoption. It therefore very reluc­ tantly suggested that it should be authorised to prepare the draft report for submission to the Council, in accordance with paragraph 4 of Article 15. The Council gave its approbation to this course. In the same report of March 8th, the Committee stated that it felt sure that both the Council and the Governments Parties to the dispute would understand that the possibilities of a settlement under paragraph 3 of Article 15 would not come to an end until the very moment of the adoption of the report by the Council under paragraph 4. The Committee profoundly regrets that the settlement which the Council had proposed to the Parties under paragraph 3 of Article 15 has not met with the approval of one of them. In accordance with the instructions of the Council, it now has the honour to submit the present draft report, containing, as provided in Article 15, paragraph 4, of the Covenant, a statement °f the facts of the dispute and the recommendations which are deemed just and proper in regard thereto (Signed) Sean L e s t e r , President of the Committee of the Council. "V 1,505 (F ‘) I *325 (A.) 3/33. Imp. Kundig. Series of League of Nations Publications VII. POLITICAL 1933. VII.3. DRAFT REPORT OF THE COUNCIL PROVIDED FOR IN ARTICLE 15, PARAGRAPH 4, OF THE COVENANT, SUBMITTED BY THE COMMITTEE OF THE COUNCIL. The Council, in view of the failure of the efforts which, under Article 15, paragraph 3, of the Covenant, it was its duty to make with a view to effecting a settlement of the dispute submitted for its consideration, adopts, in virtue of paragraph 4 of that Article, the following report, containing : I. A Statement of the Facts of the Dispute; II. The Recommendations which are deemed just and proper in regard thereto.* I. FACTS OF THE DISPUTE. (a) Summary of events. (1) Contractual provisions by which the two Parties are bound. (c) Endeavours to secure a friendly settlement prior to the appeal to the Council. (d) Cases of the two Parties. (e) Action taken by the Council for the settlement of the dispute. (/) Conclusions relating to the facts of the dispute, established by the Council. (a) Summary of Events. On the night of August 3ist-September 1st, 1932, a group of armed individuals of Peruvian nationality occupied the river-port of Leticia, the capital of the Colombian district of the Amazon. The population of Leticia is understood to number about 300. The assailants subsequently occupied the territory known as the “ trapezium of Leticia ”, situated between the Putumayo and the Amazon, and fortified in that territory positions on both rivers. The inhabitants of Colombian nationality had to take refuge in Brazilian territory. The Colombian Government, with a view to restoring public order in its invaded territory, armed a small flotilla, which proceeded towards this territory first by sea and then by river. It called at various Brazilian ports on the Amazon and one part ascended that river in order to reach, via the Putumayo, the north of the trapezium; the other part of the flotilla proceeding south via the Amazon. The expedition consisted of about 1,500 men and six vessels. It arrived in Colombian waters on or about February 12th, 1933. Further expeditions by land and air were organised in connection with the military operations contemplated by the Colombian Government. The Peruvian invaders of the Colombian territory were supported in their action by the Commandant-General of the Fifth Peruvian Military Area, who, on January 6th, 1933, sent a communication to the Colombian Consul-General at Belem do Para, Brazil, and to the Chief of the Colombian Expeditionary Forces.1 The Peruvian Commander ended this communication as follows: “ I have taken all military measures to prevent the entry of your expedition into Leticia and to guarantee our security in the Peruvian basin of the Amazon, in order to prevent any acts of hostility against my compatriots, who are legitimately occupying the Leticia zone in virtue of the professed principles of the free determination of nationality.” On February 12th, the Colombian flotilla arrived near the frontier line between Brazil and Colombia. It was attacked by Peruvian aircraft, which in their turn were counter-attacked by Colombian aeroplanes. It has not been established whether or not these attacks took place on Brazilian territory. * A nnex I, — Telegrams exchanged on January n t h and 14th, 1933, between the M inisters for Foreign Affairs of Columbia and Peru. A nnex I I . — Map showing the Southern Frontiers of Columbia with Brazil and Peru. 1 See Annex I: telegrams from the Colombian and Peruvian Governments dated January n th and 14th, 1933’ — 3 — On February 14th, the chief of the Colombian expedition sent an ultimatum to a Peruvian post established at Tarapaca in Colombian territory, which was attacked on the 15th and occupied by Colombian troops. According to the Colombian Government, a considerable quantity of military stores was taken by the Colombian troops on the occupation of this post. As a result of these incidents, diplomatic relations were severed on February 15th between the Colombian and Peruvian Governments. On February 23rd, the Colombian Government reported that Peruvian military aircraft had dropped bombs on vessels of the Colombian expedition. Lastly, by letter dated February 27th, the Colombian representative stated that the Colombian forces were constantly being molested by Peruvian garrisons in the Upper Putumayo, which in that region forms the frontier between the two countries. Since then no act of hostility has been brought to the notice of the Council. The present situation is that the post of Tarapaca is again in the hands of the Colombian authorities, but that the township of Leticia is still in the hands of Peruvians. (b) Co n t r a c t u a l P r o v isio n s b y w h ic h the T w o P a r tie s are b o u n d . It is the Treaty between Colombia and Peru signed at Lima on March 24th, 1922, which fixes the frontiers between the two countries and provides for free river navigation. The exchange of ratifications of this Treaty took place at Bogota on March 19th, 1928. It was registered with the Secretariat of the League of Nations on May 29th, 1928, and was published as No. 1726 of the Treaty Series. Although this Treaty has been communicated to the Council in document C.20.M.5.1933.VII, it would seem desirable to reproduce some of its articles here. Article 1 fixes as follows the frontier between the Republics of Colombia and Peru : " The frontier line between the Republic of Colombia and the Peruvian Republic is agreed upon, settled and fixed on the terms set forth below. " From the point at which the meridian passing through the confluence of the River Cuhimbé with the Putumayo cuts the River San Miguel or Sucumbios and continues along this same meridian to the said confluence of the Cuhimbé; thence along the ' thalweg ’ of the River Putumayo to its confluence with the River Yaguas, whence it follows a straight line running from this confluence to that of the River Atacuari with the Amazon, and thence along the ‘ thalweg ’ of the River Amazon to the boundary between Peru and Brazil estab­ lished in the Treaty between those Republics dated October 23rd, 1851. " Colombia declares that, in virtue of the present Treaty, the territory included between the right bank of 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 Putumayo and Napo, by the Boundary Treaty drawn up between both Republics on July 15th, 1916, shall belong to Peru. " Colombia hereby declares that, as regards Brazil, she reserves her rights to the territories situated east of the Tabatinga-Apaporis line, as agreed between Peru and Brazil under the Treaty of October 23rd, 1851. “ 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 irrevo­ cably settled and that the boundary line fixed by the present Treaty shall remain unaffected by any future dispute." The fixing of these frontiers was entrusted to a Commission as provided in Article 2; this article, together with Articles 3, 4, 5, 6 and 7, lays down the procedure to be followed for the fixing of the frontier.
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