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and the public. The Committee of Information presented its report which follows below in substance: 1

[Translation]

CONCLUSIONS UNANIMOUSLY ADOPTED BY THE COMMITTEE OF INFORMATION OF THE PROVISIONAL ORGAN OF CONSULTATION (COUNCIL OF THE ORGANIZATION OF AMERICAN STATES)

1. The members of the Committee do not doubt that the revolutionary movement which broke out in Costa Rica was organized principally in the territory of Nicaragua. It was in Nicaragua that a large group of Costa Rican political exiles, headed by Calderón Guardia prepared the expedition which later crossed the frontier between Nicaragua and Costa Rica. There is not the least doubt that the Government of Nicaragua did not take adequate measures to prevent the development of revolutionary activities directed against a neighboring and friendly country.

2. From December 10, it appears that the Government of Nicaragua actually began to take the necessary measures to the end that the rebels, who had already crossed the frontier, might not continue to receive assistance from Nicaragua; but the principal nucleus of the revolutionaries, composed of Costa Ricans and Nicaraguans, had already entered the territory of Costa Rica when the measures to which we refer were taken.

3. The Committee did not find any proof that the armed forces of the Government of Nicaragua had participated, on Costa Rican territory, in this revolutionary movement against the Government of Costa Rica, although, as a result of its investigations, it has the impression that certain military elements in Nicaragua, perhaps on their own account, might have furnished technical assistance to the groups which later were to cross the frontier.

4. The Committee had no knowledge of any contact between armed forces of Nicaragua and armed forces of Costa Rica.

5. As certain Costa Rican elements have declared, the failure to fulfill the pact of amnesty which was solemnly signed explains to a great extent why the large majority of the exiles were obligated to resort to desperate and violent measures, with serious international repercussions.

6. On the other hand, it is undeniable that for many months before the invasion, the so-called Legion of the Caribbean or Caribbean Legion, with the material and moral support of the Government of Costa Rica, received official favor and facilities to develop its programs and activities, both of which were directed, according to the prevailing opinion in the Caribbean region, toward the overthrow of certain Governments, including the present Nicaraguan regime.

7. The existence of active military centers of international agitation constitutes, as it is natural to suppose, a justifiable ground for preoccupation on the part of the Governments affected.

8. This situation, which is abnormal and dangerous for American

1 PAU doc. 918.

international peace, explains why the majority of the Central American and Caribbean Republics have been living in an atmosphere of mutual distrust, constant anxiety, and open hostility for some time.

9. The situation is all the more regrettable since, because of the characteristics which we have pointed out, the international relations of the republics involved must, of necessity, become more strained each day, as the fear of the intentions of one neighboring country obliges the other to take the precautions which it considers necessary, with serious detriment to its own economy and with grave danger to institutional life.

ACTION BY THE PROVISIONAL ORGAN OF CONSULTATION After discussing the Committee's conclusions, the Provisional Organ of Consultation adopted the following resolution: 1

[Translation]

RESOLUTION OF THE PROVISIONAL ORGAN OF CONSULTATION

The Council of the Organization of American States, acting as the Provisional Organ of Consultation, after carefully examining the detailed report of the Commission which was in Costa Rica and Nicaragua for the purpose of investigating the facts and antecedents of the situation created between these sister Republics.

Resolves:

I. To request that the Governments of Costa Rica and Nicaragua, in fulfillment of the Inter-American Treaty of Reciprocal Assistance, give the Provisional Organ of Consultation full guaranties that they will abstain immediately from any kind of hostile acts toward each other.

II. To inform the Government of Nicaragua respectfully that, in the light of the data gathered by the Committee of Investigation especially appointed for the purpose, that Government could and should have taken adequate measures in due time for the purpose of preventing: (a) the development, on Nicaraguan territory, of activities aimed at overthrowing the present government of Costa Rica, and (b) the departure from Nicaraguan territory of revolutionary forces which crossed the frontier and are now prisoners or fighting against the Government of Costa Rica.

III. To inform the Government of Costa Rica respectfully that it can and should take adequate measures to prevent the existence on its territory of domestic or foreign groups militarily organized with the deliberate purpose of conspiring against the security of Nicaragua and other sister Republics and of preparing to fight against their Governments.

IV. To request both Governments very earnestly to observe loyally by all the means in their power the principles and rules of non-inter

1 PAU doc. 1863.

vention and solidarity contained in the various Inter-American instruments signed by them.

V. To continue in consultation until they receive from the Governments of Costa Rica and Nicaragua clear assurances that, [as] they undoubtedly are resolved to do, they will be bound strictly by those lofty principles and rules that constitute the juridical basis of American relationships.

VI. To recommend to all American Governments that they actively collaborate for the better fulfillment of the principles by which this Resolution is inspired.

VII. To inform all States Members of the Organization of the steps taken in this case, for their better information.

(Approved on December 24, 1948.)

APPOINTMENT OF A COMMITTEE OF MILITARY EXPERTS

In addition to the principal resolution the Provisional Organ also voted to designate an inter-American committee of military experts to be composed of not more than three representatives from each of five member states. This committee was directed to proceed to Costa Rica and Nicaragua at the earliest possible date for the purpose of "contributing to the effective fulfillment of the resolution adopted on this date," that being the resolution of December 24. Brazil, Colombia, Mexico, Paraguay, and the United States were subsequently requested by Chairman Corominas to appoint representatives of their armed forces to this committee. These actions were duly reported to the governments of the American Republics and to the President of the Security Council.

In his letter of instruction to the members of the military committee, Chairman Corominas called attention to the confusing situation existing along the frontier between Costa Rica and Nicaragua and outlined duties and obligations of both governments under the 1928 Habana convention on the duties and rights of states in the event of civil strife. The committee of military experts was directed to inform the Provisional Organ of Consultation immediately of any violation of the December 24 resolution, and it was authorized, on prior agreement of the Governments of Costa Rica and Nicaragua, to give assistance to those Governments in the application of the measures called for in that resolution. The committee was informed that the duration of its mission would be determined by the Provisional Organ of Consultation.

The Mexican and United States members departed for Costa Rica on December 28 and were joined there by the other representatives. Members of the Committee spent more than 2 months in Costa Rica and Nicaragua. They traveled between the two countries, visited the border areas involved in the military action, and were in continuing communication with the two governments concerning compliance with

1 PAU doc. 1864.

2 PAU doc. 1925.

3 Report of the Delegates of the United States of America to the Sixth International Conference of American States, Habana, Cuba, January 16 to February 20, 1928 (Washington, 1928), pp. 228–230; Treaty Series 814 (46 Stat. 2749).

the terms of the December 24 resolution. The Committee sent periodic reports to and received instructions from the Provisional Organ of Consultation. In a report transmitted from Managua on January 31 the Committee expressed the view that the official measures taken by the Costa Rican and Nicaraguan Governments in pursuance of the December 24 resolution were sufficient to comply with the terms of the resolution.

PACT OF AMITY TERMINATION OF THE INCIDENT

This report gave impetus to the efforts under way in Washington through the Provisional Organ of Consultation to bring about a final solution of the controversy. A committee was appointed to draw up a brief document which might be signed by the Governments of Costa Rica and Nicaragua to indicate their compliance with the directives of the Council and their desire to bring an end to the existing situation. The representatives of Costa Rica and Nicaragua on the Council participated in the work of the committee. There resulted a Pact of Amity, which was signed at the Pan American Union on February 21, 1949, by the Costa Rican and Nicaraguan Ambassadors on behalf of their governments.2 In the pact the two governments bound themselves to avoid such controversies in the future and to submit any disputes to pacific settlement in accord with existing interAmerican agreements. The two governments agreed to negotiate an accord providing for appropriate internal measures and border controls with the purpose of preventing a repetition of incidents tending to disturb the tranquil relations of the two countries. It was provided that the pact would be ratified by the two governments. Copies of the document were sent at once by the Pan American Union to the 21 American Republics and to the Secretary-General of the United Nations.

3

Following this peaceful solution of a controversy which had at one time threatened open armed conflict between two members of the American community, the Council took a final resolution in termination of the incident. Summarizing the steps which had been taken since the establishment of the Provisional Organ of Consultation on December 14, including the naming of the Committee of Information and the later committee of military experts, the resolution concluded that the circumstances which had brought the convocation in the December 14 resolution of a consultation of Foreign Ministers no longer existed. Accordingly, the call for consultation was revoked, and with it the labors of the military committee and of the Provisional Organ of Consultation were terminated. A paragraph of this final action in the Costa Rica-Nicaragua incident resolved "to present this noble conduct of American solidarity and of respect for pacific solution as a new and high example for all the peoples of the continent."

1 PAU doc. 2294.

PAU doc. 2494; Pan American Union Law and Treaty Series 30. Instruments of ratification of the pact were deposited by Costa Rica, June 20, 1949, and by Nicaragua, July 15, 1949, when the pact entered into force.

PAU doc. 2358.

2. THE SITUATION BETWEEN HAITI AND THE DOMINICAN REPUBLIC: Decision of the Council of the Organization of American States, February 25, 1949 1

The note of February 15 presented by the Ambassador of Haiti to the Chairman of the Council at the meeting of February 16 (Doc. C-a-18, pp. 356-361) was debated at length at a subsequent meeting of the Council held on February 23, 1949 (Doc. C-a-19). A special committee was appointed at the latter meeting to examine the situation and recommend appropriate action. At today's meeting the committee presented the following draft resolution, which was approved by the Council:

3

WHEREAS:

During the course of the discussion that followed the request of February 15 presented by the Representative of the Government of Haiti; the Council noted with pleasure the statements affording a basis of hope that Haiti and the Dominican Republic may arrive at a friendly agreement through recourse to the peaceful procedures provided in applicable inter-American instruments, The Council of the Organization of American States

RESOLVES:

4

1. To refrain, under the circumstances, from convoking the Organ of Consultation.

2. To express the hope that good relations between Haiti and the Dominican Republic may be strengthened, and friendship between the two nations thus deepened.

3. THE CARIBBEAN SITUATION: Decisions, With an Introductory Statement, Adopted by the Council of the Organization of American States, April 8, 1950 5

The Council of the Organization of American States, at a special meeting held on January 6, 1950, took cognizance of both the Note presented by the Delegation of Haiti, dated January 3, 1950, which requested that the Organ of Consultation be convoked in conformity with the Inter-American Treaty of Reciprocal Assistance, and the

1 Decisions Taken at the Meetings of the Council of the Organization of American States, vol. II (1949), p. 18.

2 Haiti charged that one Astrel Roland, former colonel in the Haitian Army, was involved in a plot to overthrow the Constitutional Government of Haiti, with the knowledge and approval of the Dominican Government.

3 Consisting of the representatives of Chile, Mexico, Nicaragua, the United States, and Uruguay.

4 Haiti also had recourse to the Inter-American Peace Committee on Mar. 24, 1949; see infra, doc. 6.

5 Decisions Taken at the Meetings of the Council of the Organization of American States, vol. III (1950), pp. 24-34.

• Ibid., pp. 4–5.

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