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That, furthermore, the Resolutions proposed by the Investigating Committee and approved by the Organ of Consultation substantially as submitted, are of such a nature that, without detriment to the principles on which the inter-American system rests, they will readily enable it to meet eventualities which may occur and to prevent any future situation analogous to that which gave rise to the present procedures;

That, because of the foregoing the further application of the emergency action contemplated in the aforesaid treaty no longer

seems necessary,

RESOLVES:

1. To declare that Ambassadors José A. Mora, (chairman), Guillermo Gutiérrez, Eduardo Zuleta Angel, Paul C. Daniels, and Minister Alfonso Moscoso, who composed the Investigating Committee, have deserved well of the nations of America, and consequently merit the vote of confidence and gratitude that the Council of the Organization of American States hereby accords them;

2. To terminate the provisional action of the Council as Organ of Consultation; and

3. To cancel the convocation of the Meeting of Ministers of Foreign Affairs that, in compliance with the Inter-American Treaty of Reciprocal Assistance, was contained in the Resolution of January 6, 1950.

4. THE COSTA RICA-NICARAGUA INCIDENT (1955): Report of the Investigating Committee, Presented to the Council of the Organization of American States on February 18, 1955 (Excerpts)1

I. REPORT OF ACTIVITIES

2

On January 11, 1955, the Council of the OAS, which had taken note the previous day of the communication presented by Dr. Antonio Facio, Ambassador of Costa Rica, resolved to constitute itself provisionally as Organ of Consultation, in accordance with Article 12 of the Inter-American Treaty of Reciprocal Assistance, and agreed, among other measures, to authorize its Chairman to appoint a Committee to conduct an on-the-spot investigation of the pertinent facts and submit a report thereon.

On the night of that day, the 11th, Ambassador José A. Mora, Chairman of the Council, appointed the Representatives of the following countries as members of this Committee: Brazil, Ecuador, Mexico, Paraguay, and the United States. Thus constituted, the Investigating Committee immediately held its first meeting. Ambassador Luis Quintanilla, Representative of Mexico, was elected Chairman of

1 Annals of the Organization of American States (OAS), vol. VII, No. 2 (1955), pp. 149-157.

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the Committee on the suggestion of Ambassador Fernando Lobo, Representative of Brazil, which was promptly supported by the other members of the Committee, Ambassadors John C. Dreier of the United States, José R. Chiriboga of Ecuador, and Guillermo Enciso Velloso of Paraguay. The Committee, installed from that time on as the "Investigating Committee of the Council of the OAS acting provisionally as Organ of Consultation", held a short meeting that same night and decided to leave for Costa Rica and Nicaragua at 6:00 a.m. the following day.

[Here follows a list of the staff of the committee, an account of the committee's investigative activities, January 12-28, 1955, and the preparation of the report.]

II. CONCLUSIONS OF THE COMMITTEE

As a result of its work, of the exhaustive investigations carried out in Costa Rica and Nicaragua, and of an objective examination of various material elements, the Committee wishes to point out the following facts:

1. There was foreign intervention in the preparation, financing, furnishing of arms and ammunition, and transportation facilities to the persons who entered Costa Rica by force.

2. A substantial number of the rebel forces and the war materials used by them, whatever their origin, entered by way of the Costa Rican-Nicaraguan frontier.

3. One or more clandestine radio stations, apparently operating outside Costa Rica, incited the people of that country to support the rebel movement.

4. Aircraft proceeding from abroad dropped arms and ammunition for the rebels at predetermined points in Costa Rican territory, 5. Transport and combat planes, proceeding from abroad and without identification marks, landed clandestinely on Costa Rican territory and made flights in which they bombed and machinegunned various towns of that country, including San José, the capital of the Republic.

6. There was violation of the territorial integrity, sovereignty, and political independence of Costa Rica.

7. After the Investigating Committee had established a system of pacific aerial observation over Costa Rican and Nicaraguan territory, had also, through its military advisers, established a system of land observation in strategic zones of both countries, and had set up Security Zones in areas of Costa Rica and Nicaragua contiguous to the frontier, the attacking forces abandoned their offensive and fell back toward the northwestern frontier, a large number of them being ultimately interned in Nicaragua.

8. Even after the rebels who had been fighting in the western part of Costa Rican territory were interned in Nicaragua, a considerable number of them reappeared and fought again on Costa Rican territory, this time in the central region of the frontier with Nicaragua.

A large majority of the members of the attacking forces and the political leaders of the movement were of Costa Rican nationality. This circumstance does not, however, in any way alter what has been pointed out in the preceding numbered paragraphs.

It was possible for these basic facts to be impartially established by the Investigating Committee and they further justify the decisions taken by the Council of the OAS, and later by the Council acting provisionally as Organ of Consultation, including its approval on January 14, 1955, of a resolution "to condemn the acts of intervention of which Costa Rica is victim" 1.

III. THE RECOMMENDATIONS WHICH THE COMMITTEE SUBMITS TO THE COUNCIL

The territorial integrity, sovereignty, and political independence of Costa Rica have now been re-established with the action of the OAS. Since this is so, and in view of the cooperation given to the Investigating Committee from the very start by the Governments of both Costa Rica and Nicaragua, it is reasonable to think that Costa Rica and Nicaragua, assured of their internal peace and without foreign intervention of any kind, will soon be able to resume peaceful relations that will enable both countries to develop freely their basic institutions on the foundation of mutual respect which characterizes the relations between American states.

Finally, in view of the foregoing, and inspired by the spirit of Article 7 of the Inter-American Treaty of Reciprocal Assistance and by the principles of American solidarity, the Committee would like respectfully to suggest that it is desirable:

1. That the "Pact of Amity" signed on February 21, 1949,2 by the Governments of Costa Rica and Nicaragua, under the auspices of the Council, acting provisionally as Organ of Consultation, for the purpose of preventing a repetition of acts such as those that have in the past seriously disturbed the relations between the two countries, be perfected and strengthened.

2. That the Governments of Costa Rica and Nicaragua prepare and sign the Bilateral Agreement mentioned in Article IV of the aforesaid Pact "as to the best manner of putting into practice the provisions of the Convention on the Duties and Rights of States in the Event of Civil Strife, in cases contemplated by that Convention, so that it may be applied immediately whenever a situation of this kind arises, in the manner provided for in the said agreement, especially with respect to measures for the control and supervision of frontiers, as well as with respect to any other measure intended to prevent the organization or existence of any revolutionary movement against the Government of either of the two Parties in the territory of the other."

1 Annals of the Organization of American States, vol. VII, No. 2 (1955), p. 157; Aplicaciones del Tratado Interamericano de Asistencia Reciproca, 1948-1955, p. 168. 2 Pan American Union Law and Treaty Series 30. See "The Costa RicaNicaragua Incident, 1948-1949" supra (doc. 1) for events leading to the conclusion of the pact.

3. That when the aforesaid Pact is revised an additional article be included for the purpose of preventing the preparation of terroristic acts in the territory of either Party against the government of

the other.

4. That the Governments of Costa Rica and Nicaragua, for the purposes set forth in the aforesaid "Pact of Amity" in force between them, proceed at once, without prejudice to any other procedure they may agree upon, to appoint the members of a Commission of Investigation and Conciliation in accordance with Chapter Three of the American Treaty on Pacific Settlement (Pact of Bogotá) 1 that would constitute a permanent guarantee, for both, of the friendly and satisfactory settlement of any difficulty that might arise as a result of situations such as those envisaged in the aforementioned "Pact of Amity".

5. That, as a general measure, desirable for all the American states, consideration be given to the improvement of the systems for controlling the traffic in arms and ammunition and also to the effective application of the recommendation contained in Resolution XI of the Inter-American Conference for the Maintenance of Continental Peace and Security that "no stipulation of the Treaty nor any of the obligations created under it should be interpreted as justifying excessive armaments or may be invoked as a reason for the creation or maintenance of armaments or armed forces beyond those required for common defense in the interest of peace and security." 2

6. That the Council of the Organization of American States, acting provisionally as Organ of Consultation, offer its collaboration to the two Governments concerned for the purpose of perfecting the "Pact of Amity" to which the preceding paragraphs refer.

7. That, taking into consideration the gradual re-establishment of a normal international relationship between Costa Rica and Nicaragua, the provisional action of the Council as Organ of Consultation be duly terminated and the American governments consulted with respect to the cancellation of the Meeting of Ministers of Foreign Affairs as Organ of Consultation.

Finally, it is the sincere hope of the Committee that, as soon as circumstances permit, the Governments of Costa Rica and Nicaragua and the Chief Executives of those sister nations will be able to take steps, not only to re-establish their peaceful relations, but also to aid one another mutually in the realization of their common purposes and aspirations.

1 For text of the treaty, see Ninth International Conference of American States, Bogotá, Colombia, March 30-May 2, 1948 (Department of State publication 3263; 1948), pp. 186–201.

2 See Inter-American Conference for the Maintenance of Continental Peace and Security, Quitandinha, Brazil, August 15-September 2, 1947 (Department of State publication 3016; Apr. 1948), p. 53,

RESERVATION OF ECUADOR

The Ambassador of Ecuador, a member of the Investigating Committee of the OAS in the Costa Rica-Nicaragua case, wishes to record the following:

Although he is in accord with what is affirmed in the report of the Committee, he feels it his duty, nevertheless, to state:

1. That the report of the Committee is incomplete inasmuch as it does not contain a precise and orderly summary of the facts and evidence that were duly recorded and confirmed by the Investigating Committee and the Military Observers of the OAS, facts and evidence the knowledge of which belongs, technically and legally, to the governments of the member states of the OAS and to the public opinion of the Hemisphere; facts and evidence that enable the author or authors of the "foreign intervention" that gave rise to the violation of the territorial integrity, sovereignty, and political independence of Costa Rica to be identified. Solidarity and peaceful relations between the peoples of America require complete dissemination of the facts that a Committee of five countries was instructed to investigate.

2. That, although the territorial integrity, sovereignty, and political independence of Costa Rica have been preserved, thanks to the timely and appropriate intervention of the OAS, which, on January 14, resolved "To condemn the acts of intervention of which Costa Rica is victim", there are sound reasons of a political and practical nature for consulting with the American governments as to the date and seat of an early Meeting of Ministers of Foreign Affairs that should deal with these, among other, matters:

a) The possibility and desirability of establishing, on a permanent legal basis, an Inter-American Police Force, composed of contingents from various nonbelligerent countries, for the pacific surveillance and observation of the frontiers of any country that may be the victim of intervention or aggression and, if necessary, for repelling the attacks of armed forces that may attempt to carry out an act of intervention or aggression; and

b) The improvement of the systems for the control of traffic in arms and ammunition, and also the effective application of the recommendation contained in Resolution XI of the Inter-American Conference for the Maintenance of Continental Peace and Security held in Rio de Janeiro in 1947. The armaments race, which is clearly out of proportion to the requirements of Hemisphere defense, causes justifiable concern and, if it continues in the future, can become an incalculable danger not only to the solidarity and unity of the Hemisphere, but also to the economic and social stability of the peoples of the Hemisphere.

Resolution adopted after consideration of the reports from the Investigating Committee in Costa Rica; for text, see Aplicaciones del Tratado Interamericano de Asistencia Reciproca, 1948-1955, p. 168.

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