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Department of State bulletin (Volume v. 22, Apr- Jun 1950) online

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therein ;

That tlie Organ of Consultation, having been convoked
to study this situation, is therefore under an obligation,
in accordance with Article 6 of tlie Inter-American Treaty
of Reciprocal Assistance, to false steps which contribute
to the maintenance of the peace and security of the
Continent,

Declares:

1. That there existed within Cuba in 1947 and within
Guatemala in 1949, armed groups of various nationalities,
which were not part of the regular armed forces of those
countries and which were animated by the unconcealed
purpose of overthrowing the Government of the Domini-
can Republic by force;

2. That officials of the Governments of Cuba and Guate-
mala not only expressed openly their sympathy with these
subversive organized movements, but in some cases lent
them aid ;

3. That the facts verified by the Investigating Com-
mittee, from among those charged against the Govern-
ments of Cuba and Guatemala, are contrary to principles
set forth in various inter-American instruments, such as
the Convention on Rights and Duties of States, signed at
Montevideo in 1933, the Additional Protocol Relative to
Non-intervention signed at the Inter-American Conference
for the Maintenance of Peace (Buenos Aires, 1936), the
Convention on the Duties and Rights of States in the
Event of Civil Strife, concluded at Habana in 1928, and
the Charter of the Organization of American States ;

4. That likewise there occurred on the part of the Do-
minican Republic acts which are set forth in the Report
and Conclusions of the Investigating Committee and some
examined in Resolution I of the Council acting provision-
ally as Organ of Consultation, which evidently are con-
trary to the standards of harmonious inter-American rela-
tions subscribed to by all the American Governments ;

5. That, even though the said facts fortunately did not
result in the violation of international peace, they did very
seriously weaken American solidarity ; and if they were
to persist or recur, they would give occasion for the
application of the procedures of the Inter-American Treaty
of Reciprocal Assistance in order to protect the principle
of non-intervention and to ensure the inviolability or the
integrity of the territory or the sovereignty or the political
independence of any American State against aggression on
the part of any State or group of States ;

6. That the declarations formulated by the Chief Ex-
ecutives, to which reference is made in the Report of
the Committee, constitute a guarantee against future re-
currence of acts of this kind ; and

Resolves:

1. To request the Governments of Cuba and Guatemala
to adopt adequate measures so that they will not permit
the existence in their territories of groups of nationals
or foreigners organized on a military basis with the de-
liberate purpose of conspiring against the security of
other countries; and to request also the Governments
of Cuba, Guatemala, and the Dominican Republic to take
adequate measures to ensure absolute respect for the
principle of non-intervention, the observance of which is
also, naturally, incumbent upon the Government of Haiti ;

2. To request the Governments of Cuba and Guatemala
to take effective measures to control war miitcrials that
may now be or may have been in the possession of the
revolutionary groups, and to prevent illegal traffic in
arms and possible use of the aforementioned war mate-
rials for purposes incompatible with inter-American
juridical commitments ;

3. To request the Governments of Cuba, Guatemala,
Haiti, and the Dominican Republic to make every effort,
within the limits of their respective constitutional powers,
to avoid any systematic and hostile propaganda, expressed



through any medium whatsoever, against one another, or
against other American countries and their respective
governments ;

4. To recommend, in view of the fact that the bilateral
negotiations initiated in September 1948 under the aus-
pices of the Inter-American Peace Committee have not
yet produced any satisfactory result, that the Govern-
ments of Cuba and the Dominican Republic make an
effort to arrive as speedily as possible at a settlement
of their controversy and that, if such a settlement should
not be achieved within six months, this controversy
should be submitted to one of the methods of pacific
settlement specified in the Pact of Bogotfl, ;

.5. To support the conclusions of the Inter-American
Peace Committee, approved on September 14, 1949, rela-
tive to the situation existing in the Caribbean area, on
the understanding that the said conclusions are applicable
not merely to the aforesaid situation, but to all American
States without exception;

6. Finally, inspired by the basic principles of American
solidarity, to express its fervent hope that the said sister
Republics, once the present difficulties have been removed,
will find means of reestablishing, as soon as possible, the
good relations that should always exist among all mem-
bers of the American community.

Ill

The Council of the Organization of American States,
acting provisionally as Organ of Consultation,

Considering ;

That it has approved Resolutions designed to eliminate
the factors that have for some time disturbed relations
among certain American countries, and that, to facilitate
compliance with the said Resolutions, it is advisable to
establish a Special Committee, provisional in character
and having a clearly defined purpose,

Resolves:

To appoint a Committee,^ composed of five of its Mem-
bers, which, always respecting the principle of non-inter-
vention, will acquaint Itself with the manner in which
Resolutions I and II are being carried out and place itself
at the service of the interested Parties to facilitate com-
pliance with the said Resolutions, in a thoroughly con-
ciliatory spirit. This Committee shall submit within
three months, and likewise at the conclusion of its work,
a Report thereon to the Governments, through the General
Secretariat of the Organization of American States.

IV

The Council of the Organization of American States,
acting provisionally as Organ of Consultation,

CONSIDEWNG :

That both the principle of representative democracy
and that of nonintervention are established in many
inter-American instruments, and that both are basic prin-
ciples of harmonious relations among the countries of
America ; and

That there exists some confusion of ideas as to the
means of harmonizing the effective execution and appli-
cation of the basic principle of non-intervention and that
of the exercise of representative democracy,

Resolves:

1. To reaffirm the principles of representative democ-
racy, in accordance with Article 5 (d) of the Charter



'The Council decided that the Committee created by
this Kesolution shall be ccmiposed of the Members who
made uji the Investigating Committee, namely: Ambassa-
dors .los^' .\. Mora (Uruguay) ; Paul C. Daniels (United
States) ; Guillermo Gutierrez (Bolivia) ; Eduardo Zuleta
Angel (Colombia) ; and Minister Alfonso Moscoso
(Ecuador).



772



Department of State Bulletin



of the Orpanlzntlon of American States, and of siiffrnKe
and participation In the government, set fortli in Article
XX of tlie American I>eclaratii)n of tlie Uislits and Duties
of Man, as fundamental in the inter-American system, and
to express the opinion that, consequently, aKreement
should be souKht on legitimate means to make thorn
completely effective ;

2. To declare that the aforementioned principles do not
in any way and under any concept autlinrize any Gov-
ernment or group of Governments to violate inter-
American commitments relative to the principle of non-
intervention or to sive the appearance of leKltimacy to
violations of the rules contaiiH'd in Article 1 of the ilaliana
Convention of lil28, on Duties and Uights of States in
the Event of Civil Strife, the Protocol Relative to Non-
Intervention (Huenos Aires, 193(i), and Article 15 of tlie
Charter of the Organization of American States.



The Council of the Organization of American States,
acting provisionally as Organ of Consultation,

CONStDKKING :

That among the factors that have helped create a situa-
tion susceptible of disturbing peace and security in tlie
Caribbean area are some so complex and far-reaching that
they require a careful study designed to enable the com-
petent organs of the Organization of American States to
take adequate measures to bring about their definitive
elimination ;

That to this end and without prejudice to the measures
that the Organ of Consultation may take in cases of con-
flicts between American States, in accordance with the
Inter-American Treaty of Reciprocal Assistance, the facts
ascertained by the Investigating Committee show tliat
other steps are needed ;

That among the problems pointed out by the Investi-
gating Committee are : that of making the principle of
representative democracy more effective ; that of strength-
ening and supplementing the principles and standards
that the Governments should observe with relation to
activities aimed at fomenting civil strife in other coun-
tries; and that of considering the problem created by the
presence, in various countries, of political refugees and
exiles proceeding from other American nations,

Resolves:

1. To recommend to the Council of the Organization
that, through its competent Organs, it undertake as
promptly as possible the study of the following matters :

(a) The possibilities of stimulating and developing,
within the provisions of Articles 13, 15, and 19 of the
Charter of the Organization of American States, and with
due respect to the sovereignty of the States, the effective
exercise of representative democracy, set forth in Arti-
cle 5 (d) of the Charter, as well as in Article XX of the
American Declaration of the Rights and Duties of Man.

(b) The strengthening and perfecting of the Habana
Convention of 1928 on the Duties and Rights of States in
the Event of Civil Strife, in order to determine the meas-
ures that Governments should employ to prevent, within
the territory under tlieir jurisdiction, the preparation of
activities designed to foment civil strife in other coun-
tries. In this study there should be taken into account
the suitability of coordinating the said Convention and
other inter-American instruments on the subject with the
Charter of the Organization of American States and the
Inter-American Treaty of Reciprocal Assistance, seeking,
furthermore, to make effective Article 15 of tlie Charter
of the Organization of American States.

(c) Regimen of political asylees, exiles, and refugees.

2. The study of the point relative to the Habana Con-
vention shall be entrusted in the first instance to the De-
partment of International Law and Organization of the
Pan American Union, which should begin by drafting a
questionnaire addressed to all the American Governments,
вЦ†with the request that they indicate the modifications,



clarlficatlims, or ampllllcations that in their opinion the
clauses of the aforesaid Ilabana Convention require,

3. When the replies are received from the Governments,
it shall be incumbent uiion the Department of Interna-
tional Law and Organization to prepare a draft Addi-
tional Protocol, which, when It has been found acceptable
by the Council of the Organization of American States
shall be snbndtted at



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 51 of 116)