UNITED NATIONS Distr. GENERAL SECURITY S/5452 7 November 1963 COUNCIL ENGLISH ORIGINAL: SPANISH LETTER DATED 30 OCTOBER 1963 FROM THE CHAI~AN OF THE INTER-J\MERICAN PEACS COMMITTEE ADDRESSED TO THE SECRETARY-GENE&~L OF THE UNITED NATIONS INTER-AMERICAN PEACE COMMITTEE PAN AMERICAN UNION ~ashington 6, D.C. 30 October 1963 Sir, In accordance with the provisions of Article 54 of the United Nations Charter, I have the honour to transmit, for the information of the Security Council, copies in Spanish and English of the Report submitted. by the Inter-Affierican Peace Committee to the Council of the Organization of American States on 16 July 1963, on the termination of the activities of the Honduras-Nicaragua Mixed Commission. This Commission was set up on the initiative of the Inter-American Peace Committee in order to assist the two Governments in solving the problems that had arisen as a result of the implementation of the decision delivered by the International Court of Justice on 18 November 1960 on the subject of the frontier dispute between the two Central American Republics. I take the liberty to suggest that, for a better understanding of this report, reference should be made to part I of the Report submitted by the Inter-American Peace Committee to the Eighth ~eeting of Consultation of Ministers of Foreign Affairs of the American Republics, held at Punta del ~ste, Uruguay, in J~nuary 1962. In fact, Part I of this Report, of which I am also sending a copy, deals with the activities for~erly carried out by the Inter-American Peace Committee and the Honduras-Nicaragua Mixed Commission in connexion with this case, which has now been finally settled. I have the honour to be, Sir, etc. (eigned) Enrique Tejera Paris Ambassador, ReIresentative of VCLezuela Chairman of the Committee 63- 25110 .~_. __ .. _------------- INTER-AMERICAN PEACE COMMITTEE OEA/Ser. L/III/II. 9 (English) PAN AMERICAN UNION 16 July 1963 Washington, D. C. Original: Spanish REPORT OF THE INTER-AMERICAN PEACE COMMITTEE TO THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES ON THE TERMINATION OF THE ACTIVITIES OF THE HONDURAS-NICARAGUA MIXED COMMISSION TABLE OF CONTENTS 1. BACKGROUND 000•0••••••0••••••00••••••• 1 IIo VERIFICATION OF THE STARTING POINT OF THE NATURAL BOUNDARY BETWEEN HONDURAS AND NICARAGUA 0 0 • • • 5 ill. INSPECTION OF THE PLACEMENT OF BOUNDARY MARKERS ON THE BOUNDARY LINE ESTABLISHED IN THE ZONE OF TEOTECACINTE 0.... 7 IV 0 FINAL CONSIDERATIONS 0 8 APPENDICES 1. Basis of Arrangement kcepted by the Governments of Honduras and Nicaragua, March 1961 . 0••••••••••••• •• 13 2. Arbitral Award of His Majesty Alfonso XIII, King of Spain, on the Ouestion of Boundaries between the Re- publics of Honduras and Nicaragua, December 23, 1906 15 3. Report of the Honduran-Nicaraguan Joint Boundary Com­ mission (Committee of Engineers) on the Studies Made at the Mouth of the Coco, Segovia, or Wanks River, July 14, 1962 24 4. Minutes of the Twelfth Meeting of the Honduras -Nicaragua Mixed Commission on December 15, 1962 . 0 • • • • • • • 31 - iii - 5. Minutes of the Thirteenth Meeting of the Honduras­ Nicaragua Mixed Commission on December 19, 1962 32 6. Report of the Honduran-NicarGguan Joint Boundary Commission (Committee of Engineers) on the Place­ ment of Boundary Markers in the Zone of Teoteca­ cinte~ December 19, 1962 ............ ... 34 7. Note from the Chairman of the Inter-American Peace Committee to the Representative of Honduras on the Council of the OAS, January 23, 1963 . 39 8. Note from the Chairman of the Inter-American Peace Committee to the Representative of Nicaragua on the Council of the OAS, January 23: 1963 41 9. Other Documents Relating to this Case . 43 - iv - INTER-AMERICAN PEACE COMMITTEE July 25, 1963 Mr. Chairman: I have the honor to transmit to Your Excellency the report of the Inter-American Peace Committee on the final phase of the work done by the Honduras-Nicaragua Mixed Commission in accordance with the Basis of Arrangement accepted by the two governments in March 1961. ThE: said Basis was proposed by the Inter-American Peace Committee in con­ nection with the request by the Government of Nicaragua on February 16, 1961, that the Committee suggest methods and steps conducive to a set­ tlement of the questions that had arisen "about the execution of the judg­ ment of the International Court of Justice on November 18, 1960, delivered in the dispute between Nica:r'agua and Honduras concerr,ing the Arbitral Award made by His Majesty the King of Spain on December 23, 1906." This report is being submitted to the Council of the Organization in accordance with Article 22 of the Statutes of the Inter-American Peace Com­ mittee, and therefore I should be grateful if Your Excellency would arrange for copies of it to be distributed to the members of the Council. I also wish to point out that for a better understanding of this report it is well to read Part I of the Report that the Inter-American Peace Com­ mittee submitted to the Eighth Meeting of Consultation of Ministers of For­ eign Affairs, which refers to the activities carried out previously in con­ nection with this case. I avail my~el£ of the opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration. Emilio N. Oribe Chairl'nan Inter-American Peace Committee His Excellency Gonzalo J. Facio Chairman of the Council of the Organization of American States Washington, D. C. 1. BACKGROUND In its report to the Eighth Meeting of Consultation. of Ministers of 1/ Foreign Affairs, - held at Punta del Este, Uruguay in January 1962, the inter-American Peace Committee reported on the activities carried out up to that date in connection with the request of the Government of Nicaragua on February 16, 1961, that the Committee suggest methods and steps conducive to a settlement of the questions that had arisen "about the execution of the judgment of the International Court of Justice on November 18, 1960, delivered in the dispute between Nicaragua and Honduras concerning the Arbitral Award made by His Majesty the Kir:g of Spain on December 23, 1906". As will be remembered, the Government of Honduras agreed to the action of the Inter-American Peace Committee and prepared a Basis of Arrangeluent, whi.ch was submitted to the two governments for considera- tion and accepted by them with the changes ma.de during the negotiations held on the matter. This was reported to the Council of the Organization y at the meeting of March 13, 1961. 1. Report of the Inter -American Peace Committee to the Eighth Meeting of Consultation of Ministers of Foreign Affairs, January 1962, Pur~ta del Este, Uruguay (Doe. OEA/Ser. L/III, CIP/1/62). 2. See l ....1inutes of the Special Meeting of the Council on March 13, 1961 (Doe. OEA/Ser. G/ll: C -a-400). -------------------- - 2 - In accordance with the Basis of Arrangement (Appendix 1), the Honduras­ Nicaragua Mixed Comrnission, composed of the Chairman of the Inter-American Peace Committee and one representative from each of the two countries, was established. The Chairman of the Inter-American Peace Committee was to be the Chairman of the Committee. While the Committee was -in the I'territoryll, the Chairman could be represented by the official of the Pan Ame:Fican Union appointed for that purpose by the Secretary General who would also provide the Mixed Commission with the technical staff and secretariat needed. It was established in the Basis of Arrangement that the Government of Nicaragua would immediately withdraw its authorities from. the 'lterritoryll, which wa{5 understood to mean the region that, according to the Arbitral Award of December 23, 1906, belonged to honduras and was at that time occupied by Nicaraguan authorities. An exception was made in the case of the zone of Teotecacinte where the withdrawal of authorities would proceed in conformance with the results of the demarcation of the sa.id zone and as the demarcation was carried out. It should be remembered in this connection that the boundary between the two countries, as determined by the Arbitral Award of the King of Spain (Appendix 2) consisted, for the most part, of a natural boundary, and that only in the zone of Teotecante was it necessary to fix the boundary line on the ground, following the terms of the Award, which, in turn, referred to the demarcation of the SiUo de Teotecacinte made in 1720. - 3 - The powers granted to the Mixed Commission were as follows: a) To aid the two governments in their efforts to guarantee the inhab­ itants of the territory a choice between the two nationalities, and to permit those persons who may wish to do so to move to Nicaragua. b) Under the terms of the Arbitral Award of December 23, 1906, to fix on the ground the boundary line from the juncture of the Bodega or Poteca River with the Guineo River as far as Portillo de Teote­ cacinte, as well as to verify the starting point of the natural bound­ ary between the two countries at the mouth of the Coco River. c) To supervise the setting of landmarks for the boundary line laid out according to the preceding paragraph. d) Any other powers that the two governments may confer upon it, at the suggestion of the Inter-American Peace Committee. It was also established that. in exercising the powers set forth in (b), the Mixed Commission would avail itself of the services of the Committee of Engi- neers already created by the two governments; and that, in the event of dis- agreement between the Representatives of Honduras and Nicaragua, the Chair- man would make the final decision, a power that could not be delegated.