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4. Tenth Inter-American Conference

of American States, March 1-28, 1954 *

[See Section 1. E. for the Caracas Declaration of Solidarity, 1954]

Declaration of Caracas, 1954 1

The Tenth Inter-American Conference

REAFFIRMS:

The fundamental principles and aims of the Charter of the Organization of American States, the American Declaration of the Rights and Duties of Man, the Universal Declaration of Human Rights, and the resolutions of the Organization that refer to those principles and aims,

REITERATES:

Recognition of the inalienable right of each American state to choose freely its own institutions in the effective exercise of representative democracy, as a means of preserving its political sovereignty, achieving its economic independence, and living its own social and cultural life, without intervention on the part of any states or group of states, either directly or indirectly, in its domestic or external affairs, and, particularly, without the intrusion of any form of totalitarianism. RENEWS:

The conviction of the American States that one of the most effective means of strengthening their democratic institutions is to increase respect for the individual and social rights of man, without any discrimination, and to maintain and promote an elective policy of economic well-being and social justice to raise the standard of living of their peoples; and

RESOLVES:

To unite the efforts of all the American States to apply, develop, and perfect the above-mentioned principles, so that they will form the basis of firm and solidary action designed to attain within a short time the effective realization of the representative democratic system, the rule of social justice and security, and economic and cultural cooperation essential to the mutual well-being and prosperity of the peoples of the Continent; and

DECLARES:

This resolution shall be known as the "Declaration of Caracas."

1 Adopted at the Tenth Inter-American Conference, Caracas, held from March 1 to 28, 1954.

*Source: Inter-American Relations, 1973

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5.

Council of the OAS Acting

Provisionally as Organ of Consultation, 1955 *

Resolution of Jan. 14, 1955

Having noted the cablegrams sent from San José, Costa Rica, by the Investigating Committee in compliance with the request for information contained in point 1 of the resolution of January 12, 1955;

Taking into consideration the increasing seriousness of the present situation which affects the integrity, the sovereignty and the political independence of Costa Rica, and

Reaffirming the continuing determination of the American States to maintain the peace,

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
ACTING PROVISIONALLY AS ORGAN OF CONSULTATION,

RESOLVES:

1. To condemn the acts of intervention of which Costa Rica is victim and call attention to the grave presumption that there exist violations of international treaties in force.

2. To issue a formal request to all the American Governments to strengthen the measures that they have taken in this case, and especially to the Government of Nicaragua in view of the fact that the Investigating Committee indicates in its most recent cabled report that a substantial part of the elements of war is entering through the northern boundary of the territory of Costa Rica. 3. To request the Investigating Committee to send observers to all the airports in the region involved in the situation, as well as to any place that might be utilized for the transportation of military forces or material to Costa Rica, for the purpose of determining the origin of such forces and material.

4. To request the governments, without prejudice to the authority conferred in Article 12 of the Inter-American Treaty of Reciprocal Assistance, to give consideration to the date and seat of the Meeting of Ministers of Foreign Affairs. Resolution of Jan. 16, 1955

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
ACTING PROVISIONALLY AS ORGAN OF CONSULTATION,

Taking into account the petition presented by the Delegation of Costa Rica; and considering the reports received from the Investigating Committee of the Council, acting provisionally as Organ of Consultation, according to which the Government of Costa Rica does not have the necessary aircraft or arms to defend itself against attacks by foreign aircraft of the type, that is now being received by the revolutionary forces;

Noting that the Government of Costa Rica is negotiating the purchase of aircraft, and

Bearing in mind the statement of the Delegation of the United States to the effect that if the Council so requested, it would comply with the request received from the Government of Costa Rica for the purchase of aircraft,

*Source: Inter-Amerian Treaty of Reciprocal Assistance, Applications, Volume I, Prepared by the Department of Legal Affairs, General Secretariat, OAS, 1973

RESOLVES:

To request the Governments of the Member States of the Organization to expedite the orders for the purchase of aircraft that Costa Rica may have placed

with them.

CONSIDERING:

1955;

The communication from the Government of Costa Rica dated January 15,

The third communication from the Chairman of the Investigating Committee dated January 14, 1955; and

The telegram sent yesterday to the Chairman of the Council by His Excellency Dr. Oscar Sevilla Sacasa, Minister of Foreign Affairs of Nicaragua,

RESOLVES:

To request the Investigating Committee that, in accordance with the wishes expressed by the Governments of Nicaragua and Costa Rica, it proceed with utmost urgency to prepare in consultation with the said Governments and to put into effect through the military advisers of the Committee a plan for effective surveillance of the common frontier of the two countries, reporting as frequently as is necessary to the Council, acting provisionally as Organ of Consultation, regarding the fulfillment of its mission.

Resolution of Feb. 24, 1955

COSTA RICA

I

NICARAGUA SITUATION

HAVING SEEN the Report submitted by the Investigating Committee appointed pursuant to the provisions of paragraph 4 of the resolution approved by the Council on January 11, 1955, in response to the request of the Government of Costa Rica,

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
ACTING PROVISIONALLY AS ORGAN OF CONSULTATION,

DECLARES:

That in the resolution of January 14, 1955, the Council, acting provisionally as Organ of Consultation, taking into consideration the increasing seriousness of the situation that was affecting the territorial integrity, the sovereignty, and the political independence of Costa Rica, condemned the acts of intervention of which that Republic was the victim; and

That since the aforesaid international situation has developed favorably it is unnecessary to apply the additional measures set forth in the Inter-American Treaty of Reciprocal Assistance, in order to defend the inviolability, the territorial integrity, the sovereignty, and the political independence of Costa Rica; and

STATES:

Its deep concern over the carrying out of international acts such as those that affected the State of Costa Rica, and its firm desire that events of this nature not be repeated within the inter-American system; and

Its satisfaction that the territorial integrity, the sovereignty, and the political independence of Costa Rica have been preserved, thanks to the measures adopted by the Organization of American States and accepted by the Governments of Costa Rica and Nicaragua.

II

WHEREAS:

The Governments of Costa Rica and Nicaragua signed, at the Pan American Union, on February 21, 1949, a Pact of Amity through which the American Treaty on Pacific Settlement, signed in Bogotá in 1948, was put into effect between these two Republics;

These Governments ratified the aforementioned Treaty in 1948, but have not yet appointed the Members of the Commission of Investigation and Conciliation that it is incumbent upon them to name so that the aforesaid Commission may take action in the settlement of their differences;

In accordance with Article IV of the Pact of Amity, the Governments of Costa Rica and Nicaragua undertook to adopt, in cases contemplated in the Convention on the Duties and Rights of States in the Event of Civil Strife, 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; and

According to the Report of the Investigating Committee, a considerable number of the forces that participated in the armed attacks against the Government of Costa Rica were interned in Nicaraguan territory, together with the arms, equipment, and war materiel they carried,

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
ACTING PROVISIONALLY AS ORGAN OF CONSULTATION,

RESOLVES:

1. To make a cordial appeal to the Governments of Costa Rica and Nicaragua to appoint their respective Members of the Commission of Investigation and Conciliation that it is incumbent upon them to name according to Article XVII of the aforesaid American Treaty on Pacific Settlement, and furthermore to facilitate in every way the organization and functioning of that Commission and to utilize it in the settlement of their controversies.

2. To urge that the necessary measures be taken to prevent the elements that have been interned from organizing themselves, or carrying out illegal activities that might endanger good relations between Costa Rica and Nicaragua.

3. To make a cordial appeal to the Governments of Costa Rica and Nicaragua regarding the desirability that both sign the bilateral agreement mentioned in Article IV of the. Pact of Amity "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

1. This Commission was composed of the following members: H. E. John C. Dreier, Chairman, H. E. Alberto Dominguez Campora, H. E. Mario A. Esquivel, H. E. Mario de Pimental Brandão, H. E.Ŏscar Sevilla Sacasa.

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", and taking specific prior measures to prevent asylees from engaging in activities that would endanger good relations between the two countries.

4. To recommend likewise that the necessary measures be taken to prevent the preparation of terroristic acts in the territory of either Party against the Government of the other.

5. To recommend, as a general measure desirable for all the Member States, the improvement of national systems for controlling the illegal 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 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".

6. To express its opinion that the time for the Member States to consider whether to fix the site and date or to cancel the Meeting of Consultation of Ministers of Foreign Affairs, referred to in the resolution adopted on January 11 by the Council of the Organization, would be after the bilateral Agreement mentioned in the Pact of Amity has been signed and the Commission of Investigation and Conciliation contemplated in the American Treaty on Pacific Settlement has been established.

III

WHEREAS:

The resolutions approved today are inspired by the firm desire to achieve as soon as possible, the re-establishment ut most cordial and friendly relations between the Governments of Costa Rica and Nicaragua;

It is highly desirable to cooperate with the Parties for the purpose of assisting them to attain that noble purpose;

The Governments of Costa Rica and Nicaragua have furnished effective cooperation to the Investigating Committee in its work; and

Although the Investigating Committee has submitted its Report, it is advisable for the military observers to continue, for such time as may be necessary, to furnish their valuable information services,

THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,
ACTING PROVISIONALLY AS ORGAN OF CONSULTATION,

RESOLVES:

1. To terminate the activities of the Investigating Committee of the Council, acting provisionally as Organ of Consultation.

2. To establish a Special Committee of the Council,, acting provisionally as Organ of Consultation, to be composed of nine members, for the purpose of offering its cooperation to the Representatives of the Governments of Costa Rica and Nicaragua in carrying out the pertinent provisions of Resolution II approved today, especially with regard to the preparation of the bilateral agreement set forth in the Pact of Amity, and the establishment of the Commission of Investigation and Conciliation contemplated in the American Treaty on Pacific Settlement.

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