INTERNATIONAL COURT OF JUSTICE
DISPUTE REGARDING
NAVIGATIONAL AND RELATED RIGHTS
(COSTA RICA V. NICARAGUA)
REJOINDER OF ~
THE REPUBLIC OF NICARAGUA
VOLUME II
ANNEXES
15 JULY 2008VOLUME II TABLE OF CONTENTS
VOLUME II
ANNEXES
NUMBER DOCUMENT PAGE
AGREEMENTS
ANNEX 1 Convention Between Nicaragua and Costa Rica, 3
Supplemental to theConvention of Jul13thof this Year,
Related to the Improvement of the Colorado or San Juan
Rivers (Rivas-Esquivel), 21 December 1868
ANNEX 2 Convention on Biodiversity Conservation and Protection 9
of Priority Wild Areas in Central America, 5 June 1992
ANNEX 3 Inter-InstitutionalConvention for Environmental 17
Conservation and the Sustainable Use of Natural
Resources Signed Between the Ministry of the
Environment and Natural Resources and the Sandinista
People's Army, 29 March 1995
ANNEX 4 Final Minutes from the IV Nicaragua-Costa Rica 23
Binational Meeting,13May 1997
PLEADINGS OF COSTA RICA
ANNEX 5 Argument on the Question of the Validity of the Treaty of21
Limits Between Costa Rica and Nicaragua and Other
Supplementary Points Connected withitsubmitted ta the
Arbitration of the President of the United States of
America, Filed on Behalf of the Government of Costa
Rica.Washington: Gibson Bros., 1887
IANNEX 6 Reply to the Argument of Nicaragua on the Question of 39
the Validityor Nullity of the Treaty of Limits of April 15,
1858, to be decided by ThePresident ofthe United States
of America, as Arbitrator, Filed on Behalf of the
Government of Costa Rica. Washington: Gibson Bros.,
1887
DIPLOMATIC CORRESPONDENCE AND RECORDS
ANNEX 7 Instructions carried by the special Minister appointed t43
the Government of Nicaragua, Mr. Francisco Maria
Oreamuno's Diplomatie Mission to Nicaragua,838
ANNEX 8 "Protocol of the conference of 10 Januacy 1854." 49
Published in Esgueva, Antonio. The Borders of
Nicaragua and Costa Rica in the historical documents.
Managua: IHNCA-UCA, 2007. pp. 336-337, Document
No. 132a
ANNEX 9 "Protocol of the conference of 9 February 1854." 53
Published in Esgueva, Antonio. The Borders of
Nicaragua and Costa Rica in the historical documents.
Managua: IHNCA-UCA, 2007. pp.340-341, Document
No. 132e
ANNEX 10 "Memorandum from Costa Rica, dated 13 February 57
1854, mentioned in the protocol of the conference17f
February." Published in Esgueva, Antonio. The Borders
of Nicaragua and Costa Rica in the historical documents.
Managua: IHNCA-UCA, 2007. p. 344, Document No.
134
ANNEX 11 Message of the President of the Republic [of Costa Rica]61
to the Congress of 6 September 1857. Published in
Gaceta del Salvador, Cojutepequ7,October 1857
ANNEX 12 Note from William Carey Jones, ·Special Agent of the 69
United States to Central America, to Lewis Cass,
Secretary ofState of the United States, 2 Nove1857
IlANNEX 13 Note from William Carey Jones, Special Agent of the 75
United States of America to Central America, to General
Lewis Cass, Secretary of State of the United States, 30
January1858
ANNEX 14 Letter from Eduardo Montealegre, Foreign Minister of 79
Nicaragua, to Lorenzo Guerrero, Director of the
Nicaraguan Institute Tourism,1 September 1999 and
Email from Dr. Alfredo Ferreti Lugo, General Secretary
of the Nicaraguan Tourism Institute, to Cafio Blanco
Marina, 13 Septembe1999
PRESS REPORTS
ANNEX 15 "Costa Ricans Damage Flora in the San Juan River," La 85
Prensa (Managua),13June 1991
ANNEX 16 "Tourist and Guide Kidnapped," La Naci6n (San José),3 89
January1996
ANNEX 17 "Border Row with Nicaraguans," La Naci6n (San José), 95
16 July1998
ANNEX 18 "Aleman Rejects Arbitration: Costa Rica Accepts New 101
Meeting with Nicaragua," La Prensa (Managua25July
1998
ANNEX 19 "Country Finn in Meeting with Nicaraguans," La Naci6n 107
(San José)29July 1998
ANNEX 20 "Costa Rican Guards Point Guns at Nicaraguan Boaters,"115
La Prensa (Managua), 30 Ju1998
ANNEX 2, "Nicaraguans Denounce Costa Rican Harassment on 119
National Territory," La Prensa (Managua), 2 August
1998
ANNEX 22 "Costa Rica Retaliates," La Prensa (Managua), 15 125
III August 1998
ANNEX 23 "Another Costa Rican Map 'Takes the River,'" El Nuevo 129
Diario (Managua), 26 August 1999
ANNEX 24 "Indio Maiz Declared World Biosphere Reserve," La 133
Prensa (Managua), 10July 2003
ANNEX 25 "Crocodile Devours child in the Indio River," La Prens137
(Managua), 10 April 2007
ANNEX 26 "Crocodile Kills 13-year old boy Who Was Bathing in 143
the River," La Naci6n (San José),5 May 2007
ANNEX 27 "Costa Rican Mine Has Unleashed Concern in 149
Nicaragua," Miami Herald (Miami, FL), 21 June 2008
BOOKS AND TREATISES
ANNEX 28 Folkman, Jr, David I. The Nicaragua Route. Salt Lake 155
City, UT: University of Utah Press, 1972
ANNEX 29 Gonzâlez Villalobos, Pauline. The Sarapiqui Route: A 159
Sociopolitical Hisfory of a Road. San José:Instituto de
Investigaciones Sociales, Universidad de Costa Rica,
1976
ANNEX 30 Houk, Richard J. "The Development of Foreign Trade 173
and Communication in Costa Rica to the Construction of
the First Railway", (The Americas, Vol. 10, No. 2., 1953,
Oct., pp. 197-209)
ANNEX 31 JiménezPérez, Ignacio. The Manatees of the San Juan 189
River and the Tortuguero Channels: Eco/ogy and
Conservation. Managua: ARAUCARIA, 2000
ANNEX 32 Jiménez Oreamuno, Ricardo. His Thoughts. San José: 193
Editorial Costa Rica, 1980
ANNEX 33 Le6n Sâenz, Jorge. The Evolution of Foreign Trade and 197
Maritime Transport of Costa Rica: 1821-1900, San José:
IV Editorial de la Universidad de Costa Rica, 1997
ANNEX34 McNeil, Jean. The Rough Guide to Costa Rica. Fourth 209
Edition (April 2005). New York: Rough Guides, 2005
ANNEX35 Molina, Felipe. Report on the Border Questions Raised213
Between the Republic of Costa Rica and the State of
Nicaragua. Madrid: Imprenta de la Viuda de Calero,
1850
ANNEX36 Molina, Felipe. Study of the Republic of Costa Rica. 221
York: S.W. Benedict Printers, 1851
ANNEX37 Molina, Felipe. Memoir on the Boundary Question 227
Pending Between the Republic of Costa Rica and the
State of Nicaragua. Washington: Gideon & Co.: 1851
ANNEX38 Rodriguez Bolafios, Jose Alberto & Borge Carvajal, 231
Victor Guillermo. The Railroad to the Atlantic in Costa
Rica. San José:University of Costa Rica: 1979
ENVIRONMENTAL REPORTS
ANNEX 39 UNESCO Man and the Biosphere Programme Certificate 235
for thean Juan River Biosphere Reserve of Nicaragua,
15 September 2003
ANNEX 40 Ministry of the Environment and Natural Resources, San239
Juan River Wildlife Refuge Management Plan, Managua:
ARAUCARIA-MARENA-AECI, 2005
ANNEX 41 Meyrat, Alan. The Biological Stretch of Southeast 265
Nicaragua: Important Space for the Conservation of
Nature. MARENA-ARAUCARIA, 2006
ANNEX 42 Ministry of the Environment and Natural Resources, 273
Indio Maiz Biological Reserve Management Plan, 2005-
2010 Period. Fourth Version, 9 May 2006
ANNEX 43 Public Prosecutor's Office of San Carlos, Rio San Juan281
Province, Nicaragua. "Criminal Complaint 000/06." 21
v December 2006
ANNEX 44 "The Annotated Ramsar List: Nicaragua/' The Ramsar 285
Convention on Wetlands. Available at
http://www.ramsar.org/profile/profiles_nicaragua.htm
ANNEX 45 "Biosphere Reserve Information for Rio San Juan," 291
UNESCO-MAB Biosphere Resen;es Directory. Available
at http://www.unesco.org/mabdb/br/brdir/directocy/
biores.asp?mode=all&code=NIC+02
ANNEX 46 Nicaragua, Ministry of the Environment and Natural 295
Resources, "Species under threat of Extinction: Indio
Maiz and BOSAWAS Biosphere Reserves," 2008
ANNEX 47 Ministry of the Environment and Natural Resources, 301
"Southeast Nicaragua Biosphere Reserve: Strategie
Program 2008." Available at:
http://www.marena.gob.ni/index.php?option=comremos
itory&Itemid=181&func=fileinfo&id=523
MILITARY DOCUMENTS
ANNEX 48 Army of Nicaragua, "Action Plan for Issuance of 305
Departure Clearance Certificates in the San Juan River,"
5 July 2001
LAWS, DECREES AND REGULATIONS
ANNEX 49 Costa Rica, "Basis for the formation of a Company, 309
named the Sarapiquf Company...." Published in Reply to
the Argument of Nicaragua on the Question of the
Validity or Nullity the Treaty of Limits of April 15,
1858, to be decided by the President of the United States
of America as Arbitrator. Washington, Gibson Bros.,
1887. Document No. 26, pp. 144-146
VIANNEX 50 Costa Rica, Decree No. 14 of 1860, Decree Closing the 315
Moin and Sarapiqui Ports
ANNEX 51 Nicaragua, Agreement No. 5, Accession and Ratification 319
of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, 23 April 1977.
Published in La Gaceta No. 183, 15 August 1977
ANNEX 52 Nicaragua, Decree No. 161, Law Creating the 325
Nicaraguan Tourism lnstitute, 14 November 1979.
Published in La Gaceta No. 62, 20 November 1979
ANNEX 53 Nicaragua, Register No. 3743- RIF 791975, Regulations 329
on the Issuance, Format and Use of Special Tourism
Cards, 25 May 1993
ANNEX 54 Political Constitution of the Republic of Nicaragua of 335
1987 and its Reforms, Articles 92 and
ANNEX 55 Nicaragua, Law No. 495, General Tourism Law, 2 July 339
2004. Published in La Gaceta No. 184, 22 September
2004
ANNEX 56 Nicaragua, Presidential Decree No. 57-2005, 31 August 345
2005
ANNEX 57 Ministry of the Environment and Natural Resources 355
Ministerial Resolution No. 029-2006, including the
almendro tree(Dipteryx Panamensis) in the Nicaraguan
Closed Season System of Wild Species in the List of
Indefinite National Closed Seasons, 16 June 2006.
Published in La Gaceta, No. 141, 21 July 2006
DICTION ARIES
ANNEX 58 The New Pocket Dictionary, of the Spanish and English 361
Languages. London, 1809
ANNEX 59 Royal Spanish Academy Dictionaries 365
a) Royal Spanish Academy, Dictionary of the
Castilian Language. Fourth Edition. Madrid, Viuda de
VII Ibarra, 1803
b) Royal Spanish Academy, Dictionary of the
Castilian Language. Fifth Edition. Madrid, Imprenta
Real, 1817
c) Royal Spanish Academy, Dictionary of the
Castillan Language. Sixth Edition. Madrid, Imprenta
Nacional, 1822
d) Royal Spanish Academy, Dictionary of the
Castilian Language. Seventh Edition. Madrid, Imprenta
Real, 1832
e) Royal Spanish Academy, Dictionary of the
Castillan Language. Eighth Edition. Madrid, Imprenta
Nacional, 1837
f) Royal Spanish Academy, Dictionary of the
Castilian Language. Ninth Edition. Madrid, Imprenta de
D. Francisco Maria Fernandez, 1843
g) Royal Spanish Academy, Dictionary (~ fhe
Castillan Language. Tenth Edition. Madrid, Imprenta
Nacional, 1852
h) Royal Spanish Academy, Dictionary of the
Castillan Language. Eleventh Edition. Madrid, Imprenta
de Don Manuel Rivadeneyra, 1869
i) Royal Spanish Academy, Dictionary of the
Castillan Language. Twelfth Edition. Madrid, lmprenta
de D. Gregorio Hemando, I884
j) Royal Spanish Academy, Dictionary of the
Castilian Language. Thirteenth Edition. Madrid,
Imprenta de los Sres. Hernando y compafiîa, 1899
ANNEX 60 Velazquez de La Cadena, Mariano. A Dictionary of the 371
Spanish and English Languages. New York: D. Appleton
and Company, 1858
ANNEX 61 Porter, Noah ed. Webster's Revised Unabridged 375
Dictionary ofthe English Language. Springfield, MA: G.
& C.Merriam Company, 1913
ANNEX 62 Royal Spanish Academy. Dictionary of the Castilian 379
Language. Fourteenth Edition. Madrid: Imprenta de los
Sucesores de Hemando, 1914
VIII EXPERT OPINIONS
ANNEX 63 Letter from Mr. Neil Johnstone, Director of Language383
Services and Documentation Division of the World
Trade Organization to Ambassador Alicia Martin,
Permanent Representative of the Republic of Nicaragua
to the Office of the United Nations, Geneva, 12 October
2006
ANNEX 64 Formai Opinion of Dr. Manuel Seco Reymundo of the 387
Royal Spanish Academy, 2 May 2008
WITNESS STATEMENTS
ANNEX 65 ABURTO ESPINOZA,William, 8 March 2008 403
ANNEX 66 ACEVEDO LEDEZMA, Rigoberto, 27 May 2008 407
ANNEX 67 BORGES REQUENES,Benedicto Adam, 26 May 2008 411
ANNEX 68 CARRION MCDONOUGHT, General Javier Alonso, 24 Ju417
2008
ANNEX 69 CENTENO AROSTEGUI,Lieutenant Colonel Juan Bosco, 9 429
March 2008
ANNEX 70 GARCÎA LOPEZCaptain Mario, 9 March 2008 435
IXANNEX 71 JARQUIN LOPEZMartin Antonio, 4 June 2008 441
ANNEX 72 LARGAESPADA PALLAVICINI,Brigadier General César 447
Ovidio, 9 March 2008
ANNEX 73 MEMBRENO RIVAS B~rigadier General Denis, 10 Mar453
2008
ANNEX 74 MOLINA PEREZ,Lieutenant Colonel WalnAbraha m6~ 461
May 2008
ANNEX 75 PASTORA,EdénAtanasio, 10 March 2008 473
ANNEX 76 PONCE ORTIZFranklin, 7 March 2008 479
ANNEX 77 sANCI-IEZ MÉNDEColonel Ricardo, 9 March 2008 485
ANNEX 78 TALAVERA SILES,Brigadier General Francisco Orlan491
19 May 2008
x ANNEX 1
Convention Between Nicaragua and Costa Rica, Supplemental to
the Convention of July13thof this Year, Related to the
Improvement of the Colorado or San Juan Rivers (Rivas
Esquivel) 21 December 1868 Convention between Nicaragua and Costa Rica Supplemental to the
Convention of Jul13thof this Year, Related to the Improvement of the
Colorado or San Juan Rivers
Rivas-Esquivel
1868
The Government of the Republic of Costa Rica and the Government of the
Republicof Nicaragua, to conclude the preliminary Convention entered into at
San Joséon the thirteenth of July of this year, related to the improvement of one
of the two ports On Atlan tioc~ as "San Juan del Norte or Greytown" and
"Boca del Colorado"; and having the engineers from both Republics carried out
their respective explorations and surveys, and having submitted the reports
regarding the case, which have seen the public light; and to resolve as may be
convenient within the spirit of the referConventi te G overnment of
Costa Rica has conferred its Full Powers to Mr. Aniceto Esquivel, Secretary of
State at the Office of Foreign Affairs, and the Govemment of the Republic of
Nicaragua, to Mr. Anselmo Riva secretary of State of the same Government,
Who, after exchanging their respective Fullrs, found in good and
due form, have agreed upon the following articles:
Article I
The Government of Costa Rica grants to the Government of Nicaragua the
waters of the Colorado River, so that by diverting them from their present course,
in whole or in part, and pouring them into the San Juan River, it may re-establish
or improve the San Juan de Nicaragua port.
ArticleII
The Government of Nicaragua, on its part, commits to stipulate, in the
event that any transit contract is entered into, whether with nationals or
foreigners, that the freight rates established by Nicaragua for imported or
exported products or merchandise shall also extend to Costa Rica, and any grace,
privilege or cohesion obtabyeNicaragua, as far as transportation on the San
Juan River is concemed, shall extend to Costa Rica on an equal footing.
3 Article III
Vessels from Costa Rica, which arrive at the San Juan del Norte port,
shall not pay any duties which are not charged to the national vessels of
Nicaragua.
ArticleIV
In the event that San Juan ceases to be a free port, and the Govemment of
Nicaragua subjects to registration or taxation the merchandise which is imported
or the products which are exported through it, the merchandise and products
imported or exported by Costa Rica shaH be exempt from such formalities and
from the payment of any duties.
Article V
If in the previous case, it were to occur that the Government of Nicaragua,
as a result of any internai disorder or because it finds itself at war, could not
efficiently protect theSan Juan port, the Government of Costa Rica is granted the
right to send the necessary force to the aforesaid port to protect the commercial
interests of Costa Rica, and the Govemment of Nicaragua shall not concur in the
cost of this provision.
Article VI
The Government of Nicaragua ratifies by this Convention the Treaties it
has .concluded on limits with the Govemment of Costa Rica; and both parties
submit to arbitration of the Govemment of the United States of America for the
settlement of any question which may arise, either regarding those treaties or the
execution of this Agreement.
Article VII
This Convention shall be approved by the President of the Republic of
Costa Rica and by the President of the Republic of Nicaragua, and shaH also be
submitted to their respective Legislative Branch for ratification, and it shall enter
into force immediate!y after ithas been ratified.
4 In witnesswhereo bot~ Plenipotentiaries sign in duplicate and affix their
respective seals.
[Signed] A Esquivel [Signed] AH. Rivas
National Palace. SaJosé twenty-first of December of one thousand eight
hundred and sixty-eight.
Finding that the foregoing Convention concurs with the conferred
instructions,t isapproved, and to this end,itshall be duly submitted to the
Legislative Branch for ratification.
Countersigned by the
President of the Republic
A. Esquivel
5 ANNEX2
Convention on Biodiversity Conservation and Protection of
Priority WiJd Areasin Central America
5 June 1992 Convention on Biodiversity Conservation and Protection of Priority Wild
Areas in Central America
PREAMBLE
The Presidents of the Republics of Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua and Panama,
Conscious of the need to establish regional mechanisms of economie integration
and cooperation for rational use of the environment in the isthmus due to the
intimate interdependence that exists between our countries;
Desirous of protecting and conserving natural regions of aesthetic interest,
historical value and scientific importance that represent unique ecosystems of
regional and global importance, and that have the potential to offer sustainable
development options to our societies;
Affirming that conservation of biodiversity is a matter that concems ali
individuals and States;
Noting that biological diversity is being seriously reduced and sorne species and
ecosystems are threatened with extinction;
Emphasizîng that the conservation of natural habitats and the maintenance of
flora and fauna species must be carried out both in situ and ex situ;
Conscious of the relationship that exists between conservation and sustainable
development, and reaffirming our decision to take actions for the preservation,
recovery) rehabilitation and rational use of our ecosystems, including threatened
flora and fauna species;
Convinced that it is necessary to promote respect for nature and law in order to
improve the quality of human life in the region and promote the consolidation of
peace and sustainable use and recovery of natural resources;
Highlighting that the creation) management and strengthening of Protected Areas
play relevant roles in ensuring sustainable development, reproduction of essential
ecological processes and rural development;
9Recognizing that the Central American Commission for the Environment and
Development (CCAD) is the competent body for fonnulating strategies and
action plans that put in practice decisions for taking care of the environment;
Supporting the search for financial mechanisms that explicitly support all
initiatives on the conservation of natural resources, including those in which
friend countries effectively contribute; we have agreed to sign this Convention
which shall be called:
CONVENTION ON BIODIVERSITY CONSERVATION AND
PROTECTION
OF PRIORITY WILD AREAS IN CENTRAL AMERICA
CHAPTER I
FUNDAMENTAL PRINCIPLES
Article 1.OBJECTIVE. The objective of this Convention is to ensure, as far as
possible, the conservation of biological, terrestrial and coastal-marine diversity in
the Central American region for the benefit of present and future generations.
Article2. The Signatory Parties to this Convention reaffinn their sovereign right
to preserve and exploit their own biological resources in accordance with their
own policies and regulations regarding:
a) The conservation and sustainable use, m a social function, of their
biological resources; and
b) The responsibility to ensure that activities within their jurisdiction or
control do not cause damage to the environment of other States or areas
beyond the limitsof national jurisdiction.
Article 3. Conservation. of biodiversity in border habitats or bodies of water
requires the will of all and extemal cooperation, regional and global, in addition
to the efforts developed by our nations, so that the international community is
invited to participate, both technically and financially, in our effort.
Article 4. The fundamental requirements for conservation of biological resources
are the in-situ conservation of ecosystems and natural habitats, and ex-situ
measures that can be developed in each country of origin of said resources.
(..)
10Article 9. DEFINITIONS. For the purpose of this regional Convention the 1ost
important terms used in this Convention shall have the following meaning:
* Protected Area: a geographically defined area, land or coastal-marine, which
is designated or regulated and managed to achieve specifie conservation
objectives, that is to say, produce a series of specifie goods and services (in
situ conservation).
* Biodiversity or Biological diversity: ail the species of flora, fauna and other
living organisms, their genetic variability1and the ecological complexes of
which they are part.
* Conservation: the sustainable presentation, maintenance and rehabilitation of
the elements ofbiological diversity.
* Ex-situ conservation: the conservation of the components of biological
diversity (genetic material or organisms) outside oftheir natural habitats.
* Ecosystem: a complex of plant, animal and micro-organism communities and
their non-living envîronment interacting as an ecological unit.
* Endangered species: any threatened or endangered species that will not
survive if the causal factors continue to operate.
* Genetic material: any material of plant, animal, microorganism or other origin
containing functional units ofhereditary information.
* Habitat: the place where an organism or population naturally occurs.
CHAPTERII
GENERAL OBLIGATIONS
Article 10. Each Member State of this regional framework commits to adopt, in
accordance with its capabilities, national programs and priorities, all possible
measures to ensure the conservation and sustaînable use ofbiological diversity, as
weil as the development of the components of biological diversity in areas within
each national jurisdiction, and to cooperate, as fars possible, in regional border
actions.
(...)
Article 13, For the purpose of the performance of this Convention, each Member
State shall:
c) Cooperate with the Central American Commission for the Environment
and Development (CCAD) in the development of measures, procedures,
technologies, practices and standards for the regional implementation of
this Convention.
11 d) Implement economie and legal measures to promote sustainable use and
development of the components ofbiological diversity.
e) Ensure the adoption of ineasures that contribute to the conservation of
natural habitats and their populations of natural species.
:f) Provide, individually or in cooperation with other States and international
organizations, new and additional funds to support the implementation of
national and regional programs and activities related to conservation of
biological diversity.
g) Promote and support scientific research at national universities and
regional research centers, in conjunction with interested international
organizations.
h) Promote public awareness in each country with respect to the necessity of
conserving, making sustainable use and developing the biological wealth
of the region.
i) Facilitate information exchanges amongst national institutions, the Central
American countries and other international organizations.
CHAPTER III
MEASURES FOR EXECUTION
Article 14. Each Member State shall develop its own conservation and
development strategies, amongst which the conservation of biological diversity
and the establishment and management ofprotected areas shall be a priority.
Article 15. Each Member State shall integrate, as quickly as possible an
appropriate, the conservation and sustainable use of biological resources in the
relevant policies and programs of other sectors.
Article 16. The elaboration of a national law on conservation and sustainable use
of the components of biological diversity shall be promoted in each country of
Central America.
Article 17. Relevant institutions in each Member State shaH identify, select,
create, manage and strengthen, as early as possible, national parks, natural and
cultural monuments, wildlife refuges or other protected areas, which shall serve
as instruments to guarantee the conservation of representative samples of the
main ecosystems of the isthmus, prioritizing those that contain high water~
yielding forests.
Article 18. This Convention prioritizes the development and strengthening of
border protected areas in the following terrestrial and coastal regions:
12* Maya Biosphere Reserve
* Fraternidad or Trifinio Biosphere Reserve
* Gulf of Honduras
* Gulf of Fonseca
* Coco River or Solidaridad Reserve
* Miskito Keys
* International System of Protected Areas for Peace (SIAPAZ)
* Salinas Bay Reserve
* La Amistad Biosphere Reserve
* Sixaola Reserve
* Darien Region
(..)
Article 24. Mechanisms shall be established to control or eradicate those alien
species that threaten ecosystems, habitats and wildlife species.
Article 25. Greater efforts shall be developedso that each State of the region
ratify as early as possible the Convention on International Trade in Endangered
Species (CITES), the Convention on Wetlands of International Importance
especially as Waterfowl Habitat (RAMSAR) and UNESCO's Convention
Concerning the Protection of the World Cultural and Natural Heritage, providing
ali guarantees for internai compliance.
(..)
CHAPTERIV
GENERAL PROVISIONS
Article 39. RATIFICATION. This Convention shaH be subject to ratification by
the Member States in accordance with theinternai nonns of each State.
Article 40. ACCESSION. This Convention shall be open for accession by the
Member States of the Mesoamerican region.
Article 41. DEPOSITARY. The instruments of ratification or accession and
withdrawals from this Convention and its amendments shall be deposited with the
Ministry of Foreign Affairs of the Republic of Guatemala, which shall send a
cettified copy to the Foreign Ministries of the other Member States.
Article 42. ENTRY INTO FORCE. For the first three depositing States, this
Convention shall enter into force on the eighth day after the date of deposit of the
13third instrument of ratification, and for the other signatory or accessioning States,
on the date of deposit of their respective instruments.
Article 43. REGISTRATION. Upon the entry into force of this Convention and
its amendments, the Foreign Ministryf Guatemala shall send a certified copy to
the Secretary General of the United Nations for registration as provided in Article
102 of the UN Charter.
Article 44. TERM. The term of this Convention shall be ten years counted from
the dateof entry into force and shall be renewed for consecten~y eamrs.
Article 45. WITHDRAW ALS. Any Member State may withdraw from this
Convention. The withdrawal shall take effect upon expiry of six months its
deposit, and the Convention shall remain in force for the other States provided
that at least three States remain adherit.to
Done at the celebration of the International Day of the Environment on the fifth
of June of 1992 during the XII Central American Presidential Summit in
Managua, Republic of Nicaragua.
14 ANNEX3
Inter-Institutional Convention for Environmental Conservation
and the Sustainable Use of Natural Resources Signed Between the
Ministry of the Environment and Natur al Resources and the
Sandinista People's Army
29 March 1995 INTER-INSTITUTIONAL CONVENTION FOR ENVIRONMENTAL
CONSERVATION AND THE SUSTAINABLE USE OF NATURAL
RESOURCES
SIGNED BETWEEN THE MINISTRY OF THE ENVIRONMENT AND
NATURAL RESOURCES AND THE SANDINISTA PEOPLE'S ARMY
We, the undersigned, Mr. Milton Caldera Cardenal, on behalf of the Ministly of
the Environment and Natural Resources, and Army General Joaquin Cuadra
Lacayo, on behalf of the Sandinista People's Army:
(..)
The Ministry of the Environment and Natural Resources (MARENA), for its part
and within the general tenns of this convention, specifically commits to the
following:
1.- To appoint an entity for coordination and communication with the
Sandinista People's Army. To do so, the Ministry confers said
appointment permanently toits Vice Minister.
2.- To provide with due prior notice the information necessary for the
optimal planning and development of actions to be requested of
the other Institution.
3.- To facilitate MARENA installations when the Sandinista People's
Army transfers Units to areas that require protection, with prior
coordination with the same.
4.- To assign specialized personnel to provide training on
environmental topics and natural resource conservation within the
regular academie prograrns for Officers and Classes of the
Sandinista People's Army.
5.- To provide the necessary technical training to military personnel
who participate in specifie ecological missions, supporting the
EPS [Sandinista People's Army] in general when so requested
with the integral educationf Leaders and Officers.
6.- To ensure budgetary support to provide personnel with the
technical means and other resources required to comply with any
functions proposed for the EPS that exceed the Armed Institution's
own assigned resources.
17For its part, the Sandinista People's Anny commits specifically to the following:
L- To appoint a memberf the General Staffto establish coordination
and communication with MARENA.
2.- To include a broad program related to Environmental preservation
and the sustainable use ofNatural Resources withîn the Instruction
and training plans for Officers, Classes and Soldiers.
3.- To include ecological activities within the institution's annual
planning, to be implemented in a coordinated manner with
MARENA.
4.- · To pay special attention to protected areas and the projects of
greater importance implemented within them: SI-A-PAZ, CAYOS
MISKITOS, COSIGÜINA, BOSA WAS and VOLCAN
MASAYA; SEA TURTLE PROTECTION AND
CONSERVATION; PLAN TO CONTROL AND PROTECT THE
CLOSED HUNTING SEASON FOR LOBSTER AND SHRIMP
SPECIES IN ATLANTIC WATERS; PROTECTION OF
FOREST, MANGROVE AND MARINE FAUNA (SHRIMP
LARYAE) RESOURCES.
5.- To present, in coordination with MARENA, the necessary
suggestions referringo the coordination of measures to be
implemented with milîtary authorities from bordering countries,
wîth the objective that the Ministry of Foreign Affairs prepare the
necessary documents or agreements for signing with the respective
Govemments.
6.- To support programs and control actions against the illegal
activities of traders and smugglers of land and aquatic flora and
fauna, pursuanto the Protocol sîgned with the World Society for
the Protection of Animais (WSPA) and to the Convention on
International Trade Endangered Species (CITES).
7.- To support a program to control the illegal felling of trees
throughout the national territory) and to become involved in the
analysis of possible solutions to the destruction of forests caused
by the advance of the agricultural frontier.
18 8.- To support MARENA and Communities, upon request, in actions
involving reforestation, environmental recovery, fire fighting and
any other activity related to these general stated objectives and
over which agreements are made.
Both institutions commitjointly to the following:
1.- To prepare annual plans and summaries in order to combine
efforts, resources and knowledge to contribute to environmental
protection and conservation and the sustainable use of natural
resources. To evaluate the effectiveness and efficiency of
executed plans, for their divulgation through the media.
2.- To adopt joint measures seeking to prevent illicit exploitation of
natural resources and negative effects on the environment. To
confront jointly the conflicts derived from the completion of these
functions.
3.- To prepare territorial conventions between communities and
MARENA and EPS Delegates.
4.- To create mechanisms for the control and monitoring of the points
referred to in this convention. To coordinate in the future with the
National Environmental Information and Surveillance System,
which will be established in accordance with Article 2, Number 6
ofLaw 1-94.
5.- To seek resources with which to carry out the proposed tasks.
6.- To invite other state Institutions and the population to join the
efforts that both institutions have been making for many years and
that today are being detailed in this Convention.
7.- In the event of noncompliance by either of the parties, both
commit to meeting immediately, with the contracted
responsibilities and obligations remaining suspended until a
reasonable agreement is reached. Upon request by either of the
parties, proposais for changes to this agreement will be analyzed.
In witness whereof, we hereby sign two identical copies, on 29 March 1995.
19 [Signature] [Signature]
MR. MILTON CALDERA CARDENAL ARMY GENERAL
MINISTER JOAQUIN CUADRA LACAYO
MARENA COMMANDER-IN-CHIEF OF
THE SANDINISTA PEOPLE'S ARMY
[Stamp] [Stamp]
20 ANNEX4
Final Minutes from the IV Nicaragua-Costa Rica Binational
Meeting 13 May 1997 FINAL MINUTES FROM THE
IV BINATIONAL MEETING NICARAGUA-COSTA RICA
The IV Meeting of the Binational Nicaragua-Costa Rica Commission
celebrated in the Cityof Granada, Republic of Nicaragua, on the 12 and 13 of
May 1997, counted with the participation of high-level government officiais from
the governmental institutions involved in the development of the border areas, it
evolved in an environment of Central American fraternity that allowed an ample
exchange of opinions over the issues of interest that confonn the bilateral agenda,
on which the various Sub-Commissions reached important agreements.
The meeting was presided over by the Ministers of Foreign Affairs, and
counted with the participationof delegations from the Legislative Branches and
representatives from local authorities from the bordering communities from both
countries, which contributed to reaching a more integral perspective over the
various issues addressed. The meeting had the honor of being closed by The
Honorable Presidents from both countries.
(..)
The agreements reached by the various working groups are the following:
I. SUBCOMMISSION ON SECURITY AND IMMIGRATION
AFFAIRS
I. IMMIGRATION AFFAIRS AND MIGRANT LABOR
(..)
IL BORDER SECURITY
(..)
c) Drug Trafficking
Faced with the problem presented by the Costa Rican delegation regarding
the existence of sites that require the presence of authorities with competency in
this matter, it was agreed that Nicaragua will make efforts to establish posts
determined sites, so as to extend coverage in the fight against this crime.
23 In addition, the parties agreed on the need to strengthen the exchange of
information and to coordinate detennined operations to fight this crime.
With respect to the movement of vessels, it was considered necessary that
they navigate only if duly registered by the posts that issue corresponding
navigation certi:ficates; in this case, the posts at San Juan del Norte, San Carlos
and Sarapiquf.
24 ANNEX5
Argument on the Question of the Validity of the Treaty of Limits
Between Costa Rica and Nicaragua and Other Supplementary
Points Connected with it,submitted to the Arbitration of the
President of the United States of America, Filed on Behalf of the
Government of Costa Rica. Washington: Gibson Bros., 1887.
(Extracts] (..)
(-47-)
(,.)
In 1846 Costa Rica had to pass through an exceptional crisis. Coffee, its principal
export product, had experienced remarkable depreciation in the foreign markets,
and could not stand competition, owing to the high freight that it had to pay when
carried by the way of Cape Horn. It was of vital importance, and worthy of any
sacrifice whatever, to have a passage open to the Northem Sea, that is, the
Atlantic Ocean. The old port of Matina could not answer the purpose, owing to
insuperable obstacles, and no recourse was left except making the exports through
San Juan del Norte.
As shown before, Costa Rica had always had a perfect and indisputable right of
joint ownership in the San Juan river; but, as the harbor and bay were then
occupied by Nicaragua, Costa Rica decided to make an effort, and seek for a
settlement, which, setting aside interminable discussions, would enable its
Government to carry into effect the purpose above referred to. To this end it sent
to Nicaragua Senores Madriz and Escalante, with such instructions as proper, to
treat with her Govemment.
The pretensions of Nicaragua were so exorbitant that neither the Govemment
nor the Congress of Costa Rica, in spite of their determination to yield ail that
was practicable 'for the sake of obtaining an immediate adjustment, could
approve of the arrangements made. Then: it was when Nicaragua, for the first
time, carried her territorial pretensions on the side of the San Juan river as far as
the neighborhood of Matina, and when she suggested, as a compromise, that the
territory between Matina and the San Juan river should be divided equally
between both countries. She demanded besides a tribute to be paid to her for the
transit of Costa Rican merchandise through the San Juan river!
In 1848, the Government of Costa Rica made another attempt to obtain from
Nicaragua an equitable settlement, and accredited to her a Legation which it
entrusted to Licenciate.
(...)
(-139-)
27 THIRD PART.
ANSWER TO THEQUESTIONSPROPOUNDEDBY NICARAGUAIN
REGARDTO THE RIGHTCONSTRUCTIONOFTHE TREATYOF
LIMITS.
CHAPTERI.
WHETHER THE STARTING-POINT OF THE BORDER LINE IS MOYABLE
AS THE WATERS OF THE RIVER, OR WHETHER THE COLORADO
RIVER IS THE LIMIT OF NICARAGUA, AND WHETHER THE WATERS
OF THE SAN JUAN RIVER CAN BE DEVIATED WITHOUT THE
CONSENT OF COSTA RICA.
IN compliance with ArticleVI of the Convention of Arbitration concluded at
Guatemala, and by telegram received at the city of San Jose, of Costa Rica, on the
23d of June ultimo, the Government of Nicaragua communicated with the
Government of Costa Rica the elevèn questions or points which the former
considers to be of doubtful interpretation, and which are to be submitted
additionally to the decision the Arbitrator.
For Costa Rica there is not one single point in the treaty of limits which is not
perfectly clear and intelligible, or the interpretation of which adroits of any doubt.
For this reason I do not submit the consideration of the Arbitrator any question
relative to this point, and shall have to confine myself to answer those which the
Govemment of Nicaragua has propounded, and dispel any doubt which might
arise therefrom.
But whîle it is true that the treaty is clear, it is also true that the doubts
propounded by Nicaragua exhibit such subtlety and ambiguity as scarcely can be
found elsewhere...
(..)
(-154-)
(..)
But the best proof which can be given of the fact that the doctrine herein held
by me is the only legitîmate and correct onell be found in the explicit sanction
which Nicaragua herself has given to ît.
28 By Article VIII of the treaty of limits of 1858 it was stipulated that, before
entering into any contract of canalization or transit, Costa Rica should be
consulted ; and the reason of this provision was, as plainly stated in Article VIII,
because of the " disadvantages that the transaction might produce " for Costa
Rica. This was proper and just, as, also, was the stipulation that the opinion of
Costa Rica should not be merely advisory and consultative, but an actual vote,
when the disadvantages alluded to were such as "to injure" the natural rights of
Costa Rica.
Natural rights, disadvantages, injury, necessity of consultation, the right of
veto, if such can be said, have been acknowledged ; and all of this means that
Costa Rica has a perfect and indisputable right to oppose the deviation of the
course of the San Juan river.
If Costa Rica has this right when the work to be done refers exclusively to
canalization and transit, how can it be denied when the work to be done is the
radical one of carrying the river elsewhere, and depriving Costa Rica of the long
river front which she now enjoys?
(..)
(-155-)
CHAPTER IL
WHETHER, MEN-OF-WAR OR REVENUE CUTTERS OF COSTA RICA
CANNA VIGATE
ON THE SAN JUAN RIVER
BY the necessity of system, and following the plan initiated, l must now pass
to occupy myselfwith question No. 8,propounded by Nicaragua.
This question reads as follows:
"Eight.
"If Costa Rica, who, according to Article VI of the treaty, has only the right of
free navigation for the purposes of commerce in the waters of the San Juan river,
can also navigate with men-of-war or revenue cutters in the same waters?"
29 In order that the language be precise, and that the meaning of the compact
should not be modified by the introduction of a word, 1must begin by calling the
attention of the arbitrator to the fact that the word only which occurs in the
question does not occur in Article VI of the treaty of limits.
That article simply reads in this way:
"But the Republic of Costa Rica shall have in the said waters the perpetuai
rights of navigation, from the above said mouth up to a point three English miles
distant from Castille Viejo, for the purposes of commerce, either with Nicaragua
or with theinterior of Costa Rica," &c.
Does this mean that Costa Rica cannot under any circumstances navigate with
public vessels in the said waters, whether the said vesse! is properly a man-of
war, or simply a revenue cutter, or any other vessel intended to prevent
smuggling, or to carry orders to the authorities of the bordering districts, or for
any other purpose not exactly within the meaning of transportation of
merchandise?
The answer seems to be very simple, especially when the
fact is taken into consideration that, under no circumstances whatever, even in
case of war, acts of hostility can be done by either of the two Republics against
the other in the waters of the river, or of the Lake of Nicaragua, or the Bay of San
Juan.
Itseems to be beyond discussion that Costa Rica can navigate in the San Juan
river with public vessels, which are not properly men-of-war.
It was stipulated in the treaty, to the benefit of Nicaragua, that Nicaraguan
vessels could bring their cargoes to the Costa Rican bank of the river and unload
them there; and this permission, or right, presupposes, necessarily, the correlative
right of Costa Rica to watch its own banks by the only practicable means, which
is the revenue police, during the whole course of the river navigable for Costa
Rica.
If this only means of vigilance would not be permitted, the Costa Rican
commerce would be deprived of protection and at the mercy ofsmuggling.
30 Within the meaning of the words, commercial navigation, both the revenue
police, the carrying of the mails, and all other public services of the same kind are
necessarily included.
In regard tomen~of-w tere is no reason why they cannot be admitted upon
the waters of the San Juan river.
Carlos Calvo, in his work already cited, Book IV, § 230, ysthe following :**
* "In principle, a port of free entry is considered tacitly as one accessible to the
men-of-war of ail nations, and, unless stipulated to the contrary, the free access
granted to all merchant vessels is extended to war vesselsf the friendly nations.
This is a point upon which ali writers of public law fully agree."
By analogy, this doctrine can be perfectly weil applied to the navigable rivers;
and if all the friendly nations have the right to navigate with men-of-war in the
large rivers, why can the rightf Costa Rica to do the same thing on the San Juan
river be disputed by Nicaragua, who is separated from
(...)
(-159-)
Costa Rica might claim the same privilege granted to the three above-named
nations, because, under Article IV of the treaty of August 14, 1868, between
Nicaragua and Costa Rica, it was provided that everything granted to any nation
whatsoever by either contracting party must be at once understood to be common
to the other. This stipulation would give Costa Rica the right to place on the
waters of the San Juan river, in the event foreseen, and for the purposes had in
view by these treaties, ali kinds of men-of-war.
But there is, after ali, a fundamental consideration which is perplexing, not,
certainly, on account of the decision to be given to the point in question, but
owing to the difficulty ofunderstanding how the Government of Nicaragua could
ever consider this point of the treaty of limits of 1858 to be doubtful and admit of
different interpretations.
AU that I have said in this portion of my work in explanation of the facts and
law which relate to the subject might be erroneous, badly brought) itTelevant, and
absolutely inadmissible on general principles, and, nevertheless, it would be trite
that Costa Rica can navigate with men-of-war and other Government vessels on
the waters of the San Juan river. It is Nicaragua herselfwho has solemnly granted
31that right by an article of that very same treaty which she alleges to be doubtful or
capable of different interpretation.
"Costa Rica shaH also be bound," says the second part of Article IV of the
treaty} "owîng to the portion of the right bank of the San Juan river, which
belongs to it, * * * to co-operate in its custody; and the two Republics shall
equally concur in its defence in casef foreign aggressions; and this will be done
by them with all the efficiency that may be within theirach.H
Itcan be seen by these phrases, as plainly and transparently as they can be, that
Costa Rica has not only the right but the duty, orto follow exactly the language
of the treaty, the "obligation," not only of watching, guarding, and defending its
own river bank, but of contributing to the custody and deferree of the other bank
belonging to Nicaragua.
If that duty should not be complîed with with all the efficiency within the reach
of Costa Rica, the latter nation would violate an obligation contracted in a solemn
treaty, and Nicaragua might prefer agaînst Costa Rica a well-grounded charge.
And if this is the case, how can it be possible for Nicaragua to suppose that Costa
Rica has no authority to navigate in the said river with Govemment vessels to be
used in the police service of the locality, and in the custody of the two banks, and
with regular men-of-war to be used in the defen cse~ficient as possible, of the
same banks in case of foreign aggressions?
No one can accomplish a purpose, unless he has the means to do it; and it
would be against logic and reason to impose upon, either a man or a govemment,
the duty of guarding and defending a place, and at the same time deprive the one
or the other of the right of anning or preparing themselves for resisting in the
proper manner the aggression foreseen.
"The right to a thing," says Wheaton, "gives also the right to the means without
which that thing cannat be used." (Part III, chap. IV, § 18). "This is founded on
natural reason, is accredited by the common opinion of mankind, and is declared
by the writers."
Let it not be said that the authority to navigate with men-of-war is only
confined to the special case of foreign aggression. The treaty does not refer to this
case exclusively, but speaks also of guard or custody, which means watching,
vigilance, and other things of pennanent character and necessarily previous to
actual defence. This, especially in a river, cannat be improvised at the very same
32instant that trouble arises; since, in order that it may be possible and efficient, a
perfect knowledge of the locality, which cannot be acquired except by navigating
the same river, is absolutely indispensable.
Much more so when itis weil known that the navigation of the San Juan river
encounters many obstacles, not only on account of its shallowness at certain
places, but also owing
(-161-)
to its rapids and other dangers. The defence of a river of this kind, without
practical knowledge of all its peculiarities, rather thau defence would be a sure
surrender to the enemy of the elements brought into action to oppose it.
Let it not be claimed either that Costa Rica is relieved from the duty assumed
by her of guarding and defending the river, nor that such duty bas ceased or been
abridged through the fact that Nicaragua denies to her the right to navigate said
river with men-of-war ; because the navigation of the San Juan river, which is the
boundary between Costa Rica and Nicaragua, and is a boundary open and
accessible to invasions by all kinds of enemies, was mentioned in the treaty, not
simply for the benefit of Nicaragua, and as an obligation on the part of Costa
Rica, but because it involves also a sacred right of the most vital importance for
its safety and preservation.
(...)
(-233-)
No. 27
(...)
The attention of the government of Nicaragua has been forcibly called to the
condition of the port of San Juan del Norte, which has been filled up and almost
rendered useless on account of the sand which has accumulated in itever since its
waters have abundantly flowed into the channel of the Colorado river; and such a
state of things must also demand the attention of Costa Rica, because the interest
of the latter in this subject is not less felt, sînce by existing treaties she has the
right of navigation and free import from there.
(...)
33 (-242-)
No. 32.
The Government of Nicaragua asksfor someforces to be situated at Sarapaqui (a
confluent of the San Juan river, on the right bank).
GOVERNMENT HOUSE,
GRANADA, April23, 1863.
Mr. MINIS TER: Mr. Felix Belly, who has recommended himself so much by
reason of his ,former action in Central America, has submitted to this
Government a project of inter-oceanic transit and steam navigation in the interior
of the Republic, an authorized copy of which I have the honor to enclose to you,
for the pmposes of Article VIII of the treaty of Aprill5, 1858.
With reference to your estimable Dispatch of the 1 stinstant, relative to the
difficulties that lately arose between the Government and the Central American
Transit Co., I must infonn you, for the knowledge of your Govemment, that two
agents of the said company, duly authorized by it to revalidate the contract which
the Govemment had declared to be void, have just arrived in this city. Up to this
date the Government has not deemed it advisable to listen officially to the
proposais that they have come to make, its reasons to do so being, 1 \hat they
have not yet paid the sums due to this Republic as tolls for passengers ; and, 2d,
because the Govemment thinks that, if not aU,sorne, at least, of the officers of the
company are accessories to the piratical and filibuster outrage perpetrated on the
ih instant at the La VirgenBay o~ board the steamer San Juan, unfortunately in
connivance with forces of Honduras and Salvador ; but, as in the difficult
situation in which Nicaragua finds herself at present it is possible for the
company to do sorne violence to the rights of this Republîc, the Govemment may
perhaps be cornpelled by pure necessity to enter with it into sorne equitable
arrangement of temporary character, but by no
(..)
I do not think it to be inopportune in view of the current events to recommend
to you and the Suprerne Govemrnent of your country to cause sorne forces to be
stationed at Sarapiqui to meet on that side any emergency that the same events
riüght occasion there.
34 I take advantage of this opportunity to reiterate to you the just considerations
with which I subscribe myself, your very attentive and obedient servant,
EDUARDO CASTILLO.
To the Hon. THE MINISTER OF FOREIGN RELATIONS of
the Supreme Government of Costa Rica.
(..)
(-251-)
No. 38.
The Minister of Nicaragua in Washington solernnly declares -before the
Arnerican Government that the Republic of Costa Rica borders on the interior
waters a/Nicaragua,and that itsflag is the only one which, in union with the
Nicaraguanjlag, canjloat on said waters.
LEGATION OF NICARAGUA,
WASHINGTON, Oct. 7, 1863.
MOST EXCELLENT SIR:
On the other hand, I can assure Your Excellency that the present
administrationof Nicaragua DOES NOT FEEL DISPOSED TO CONSENT
THAT ANY OTHER FLAG, EXCEPT HER OWN AND THAT OF COSTA
RICA, AS A BORDERING STATE, SHOULD FLOAT IN THE
NAVIGATION OF HER INTERIOR WATERS, and that it considers that the
use of the flag of the United States made by the Central Arnerican Transit
Company, and even by the meanest laborers of the same, for the purpose of
evading the orders and escaping the authority of Nicaragua, is an unauthorized
abuse, and that, it being persuaded that such an abuse can only produce
complications, it will maintaîn its right, andll demand from the said
company, or from any other company owing its existence toit, thitshould
root itself in the country and become, therefore, nationalized, according to the
law of nations, and use pre-eminently the national flag, whenever one should
be required within its jurisdiction, no other flag being adrnitted, except under
exceptional circumstances and through courtesy.
35LUIS MOLINA.
To His Excellency WILLIAM H. SEWARD,
c&c., c&c., &c., Washington, D. C.
[From "La Gaceta" ofNicaragua, No. 49, Januacy 16, 1864.]
36 ANNEX6
Reply to the Argument of Nicaragua on the Question of the
Validityor Nullity of the Treaty of Limits of April15, 1858,to be
decided by The President of the United States of America, as
Arbitra tor, Filed on Behalf of the Governtnent of Costa Rica.
Washington: Gibson Bros., 1887. [Extracts] (-201-)
No. 55.
The exportation through San Juan de Nicaragua of the natural products of the
public lands of Costa Rica, such as timber, sarsaparilla, rubber, balsams,
resin, &c., is prohibited, in arder to prevent the natural wealth of the northern
1
sectionof Me Republicfrom being destroyed.
JESUS JIMENEZ,
Provisional President of the Republic of Costa Rica:
In order to prevent the valuable natural productions of the public lands on the
Atlantic side from being destroyed, and also to repress smuggling and protect
lawful commerce, I do hereby decree:
ARTICLE 1. The exportation THROUGH SAN JUAN DE NICARAGUA OF
TIMBER, SARSAPARILLA, RUBBER, BALSAMS, RESINS, AND ALL
OTHER NATURAL PRODUCTS OUT, OR EXTRACTED, OR COLLECTED,
IN THE FORESTS SITU &TED ON THE PUBLIC LANDS OF THE REPUBLIC
BETWEEN THE ANDES AND THE ATLANTIC, is hereby prohibited, unless
under previous authority givenby the Judge of the Treasury and by virtue of a
contract entered into with the Govemment by proposais and bids. Ali works
undertaken in the said locality for the purpose of exporting the said products in
the manner aforesaid are also prohibited.
ARTICLE 2. Whoever shall violate the provisionsof the foregoing Article shall
lose the cargo so attempted to be carried and shaH be fined one hundred dollars,
or, in defaultof payment, if the person has not sufficient property within the
Republic to pay that amount, he shall suffer three months of imprisonment at hard
labor.
ARTICLE 3. REVENUE POSTS SHALL BE ESTABLISHED IN EVERY
PLACE OF OONFLUICNOE OF THE SAN CIRLOS AND SARAPIQUI
RIVERS WITH THE SAN JUAN. Each one of these posts shall be commanded
by a corporal, who shall have three privates under him; but the number of the
latter shaHbe increased if the
1This decree was the first germ of the idea ofrepudiating the
treatyof 1851.
39 (-202-)
necessities of the service require it. The corporals shall be paid fifty dollars and
the guards thirty-five dollars per month each.
ARTICLE 4. It shall be the duty ofthese posts, lst. To prevent the exportation
of the natural products of the public lands of the Republic, and their being
worked or obtained for that purpose. 2d. To seize those products already eut
down, collected or extracted, and send them whenever possible and convenient,
together with the arrested transgressors, to the nearest authority in order that the
latter may causethe preliminary investigation to be made and submit the record
thereof, together wîth the prisoners, to the court which must pass sentence. 3d.
To seize every article the tradef whîch the Govemment has reserved for itself
and those whose importation is forbidden, ifattempted to be introduced into the
Republic, and send them, together wîth the prisoners, to the nearest authority, in
the manner and for the purposes above named. And 4th. To watch that no articles
of lawful commerce are introduced into the country without the formalities
prescribed by this decree; to detain those which may be attempted ·to be
introduced clandestînely and fraudulently; and to report without loss of time to
the proper officer, who must declare them forfeited.
* * * *
Article 16. Whoever shall be arrested while makîng or assisting in the
exportation of the natural products aforesaid without the proper authority and
without payîng the duties established, shaH be punished according to the
provisions of Article2 of the present decree; but itshould be found out that he
bas already made the exportation then he shall have to pay a double fine or to
undergo double time in prison at hard labor, whatever the nature and quantity of
the exported articles maybe.
Given at the National Palaceat San Jose on April28, 1869.
JESUS JIMENEZ.
JUAN RAFAEL MATA, Secretary of the
Treasury.
40 ANNEX7
Instructions carriby the special Minister appointed to the
Government of Nicaragua, Mr. Francisco Maria Oreamuno's
Diplomatie Mission to Nicaragua, 1838 Mr. Francisco Marîa Oreamuno's Diplomatie Mission
to Nicaragua in 1838 1
Instructions carried by the special Minister appointed to the
Government of Nicaragua.
1st Celebrating an express and mutual recognition of both States'
independence, sovereignty and liberty, perpetually delimiting their territory
dividing lîne and providing for the mutual exchange of defendants and Treasury
debtors, regardless of their nature and residence, who are claimed by the
competent authority.
2nd Celebrating, as a result, the closest friendship between Nicaragua and
Costa Rica and pledging mutual defense of their reciprocal independence,
sovereignty, and liberty, specifying the relief supplies to be provided by sea and
land, in the case of being invaded by foreigners or by any other States of the
Republic, or by any persan trying to depress such rights by force and under
nationality denomination or character.
3rd Establishing the obligation of actively cooperating in the creation of your
general government, preserving and sustaining it, contributing to its expenses
with a proportional allotment, and recognizing the national debt and also
contributing toits amortization in a proportional manner.
4th Establishing principles to help each other when legitimate respective
authorities are disowned or attacked by internai factions.
5th Requesting the cooperation of the Government of Nicaragua for the
diocesan chapter to authorize a capitular vicar in the spiritual jurisdiction of Costa
Rica, with the same powers possessed by the Nicaraguan vicar and reporting only
to said chapter; and for the chapter to gîve its express consent conceming the
diocese division, specif)ring the involvement this Government should have in
appointing clergymen and capitulars while the bishopry for Costa Rica is
provided.
6th Establishing both States' reciprocal obligation of fixing the main road
leading from one to the other to their respective borders, without levying traffic
on it.
1
National Archives, S. A. Series I, N° 5708, F. 42 v.
43 111
7 Since a tobacco contract was entered into by that Govemment and this
one in the year 1823, according to which the former still owes a certain amount,
he will previously settle the account and through the corresponding installments
will collect the remainder.
gth He will similarly claim the indigenous community funds belonging to
this State and existing in times of the Spanish Govemment at the Nicaraguan
Govemment's general treasury.
9h He will also claim the rural farm and urban sales taxes, which, located in
this State and sold by neighbors and residents of that one, have been paid there.
1oth He will additionally ask for payment of obligations the late Pedro
Mufioz and his creditors assumed in the State of Nicaragua upon Nicoya district
tithe auction sales, in thethree-year period elapsed after its annexation to Costa
Rica.
11th Similarly, he will ask for the annament which former Chief Cerda took
away in the year 27 from the Costa Rican division that was returning from the
national army, along with gear itwas bringing, or otherwise he will determine an
indemnity payment.
lth After these debts have been acknowledged, the Minîster may grant
tenns for repayment of the amount owed to this State by the Nicaraguan State on
account of the tobacco contract entered into in the year 23, the indigenous
communities, and the indemnity for the armament taken away in Managua.
131h He will also be able to compromise and conform in reference to the late
Pedro Mufioz's debt, resulting from Nicoya district tithe auction sales, referred to
in the tenth paragraph of these instructions, and by the sales taxes paid so far, as
mentioned in the ninth instruction.
14th He will ask for new instructions on any new incidents or propositions on
matters not covered in the preceding articles, providing extensive information on
related issues.
15th Conceming the treaties he enters into, the Minister will not leave until
he receives their ratification or reforms for him to stipulate them, unless an
unforeseen and very dangerous event forces him to leave before completing his
mission, in which case he will render account through an express dispatch: and if
unfortunately he should become sick and seriously ill, he will pass on these
44instructions and the files documenting them to the secretary, who shall keep them
while expecting orders before returning.
1
l6 h In all businesses conceming the mission, the secretary will authorize
communications with the Government of Nicaragua and with this one. He will
also authorize the treaties, pacts, or agreements entered into.
1ih He will set down Costa Rica's freedom to navigate on the San Juan
River and its freedom from export duties on its fruits leaving through the same
river, since its territory contains the Sarapiqui River, the water which increases
the San Juan River flow. If necessary, this covenant shall include the prohibition
of introducing foreign goods or merchandise to Costa Rica through the same
waterway, in case entered goods could not be registered to pay duties at this State
customs; and a fifth, fourth, or third of the annual liquid retums in favor of
Nicaragua may be agreed upon, providing exports are done freely.
Given in the city of San José,on the twenty sixth day of the month of July,
eighteen hundred and thirty eight.
(Signature of Mr. Braulio Carrillo, Chief of State)
45 ANNEX8
"Protocol of the conference of 10 January 1854."
Published in Esgueva, Antonio. The Borders of Nicaragua and
Costa Rica in the historical documents. Managua: IHNCA-UCA,
2007. pp. 336-337, Document No. 132a 1854
Protocol of Conferences between the Plenipotentiaries of Costa Rica and
Nicaragua
In the city of San Jose, on the tenth day of January of one thousand eight
hundred fifty-four, a meeting was held by the Plenipotentiaries of the Republics
of Costa Rica and Nicaragua: the first between the Ministers of Foreign Affairs
and Treasury, Messrs. Don Joaquîn Bernardo Calvo and Don Manuel Jose
Carazo; and the second between Don Dionisio Chamorro, with the important
objective of dealing with matters of great interest for both Republics, who, having
communicated to one another their respective powers and reciprocally finding
them in good and due order, and consequently, the Plenipotentiary Minister of
Nicaragua stated as follows:
That his Government, being desirous of removing the powerful reason
that unfortunately exists at the present time, which could alter peace and good
relations existing between the Republics of Nicaragua and Costa Rica, has
deemed it convenient to resolve or settle the issue of territorial limits pending
between the two countries as follows:
The Govemment of Nicaragua cedes to that of Costa Rica what was called
"District ofNicoya", and now, Province of Guanacaste, giving up from this date
and forever the rights it has or believes it has to said Party or Province; it being
understood that the dividing line between that Province and the Department of
Rivas, or better yet, between Costa Rica and Nicaragua, is a straight line drawn as
follows: commencing from the most salient point of the Promontory called
"Descartes", continuing along the south shore of said point in an easterly
direction, after separating from the sea, along the shortest tine up to the "Refugio"
river, at a distance of two leagues from its mouth in the Lake of Nicaragua; and
from there, following aline parallel to the shore of the Lake until it reaches the
"Frio" river, from where it rises six leagues up to the river course: from this point,
changing direction, it will follow a line parallel to the "San Juan" river (to the
extent allowed by the winding of the watercourse) until it reaches the Atlantic
Coast. Further, the Government of Nicaragua cedes to that of Costa Rica the full
use and dominion of the waters of the "Sarapiqui" and an area of land of two
square leagues at the port of Sarapiqui, if it is comprised in the demarcated line;
also granting, either in the Treaty of Limits, or in the Treaty of Friendship and
Trade, free navigation in the river and portf "San Juan" for the traffic of imports
and exports by the citizens of Costa Rica. However, those who reside in said port
shall be subject to the regulations that are established therein with respecto the
citizens of Nicaragua. The Government of Nicaragua requests from the
49Government of Costa Rica as compensation for the aforesaid concessions to
assume the payment of the amount that corresponds to itin the federal debt and
also to pay to Nicaragua the sum of two hundred thousand pesos, in accordance
with the terms agreed.
The Plenipotentiarîes of Costa Rica, after severa! conferences defending
the rights of their country, unanimously agreed that the proposai of the
Plenipotentiary Minister of Nicaragua imposed very onerous conditions on Costa
Rica, which made them fear that if these were not modified, itwould not be
possible to achieve the settlement of limits that both parties desired; however, as
they must request new instructions from the Honorable National Govemment,
they deemed it convenient to suspend the conferences and continue them
opportunely and signed. Joaqufn Bernardo Calvo - Manuel J. Carazo -
Dionisio Chamorro
50 ANNEX9
"Protocol of the conference of 9 February 1854."
Published in Esgueva, Antonio. The Borders of Nicaragua and
Costa Rica in the historical documents. Managua: IHNCA-UCA,
2007. pp. 340-341,Document No. 132e February 9, 1854
ln the City of San Jose, on the ninth day of February of eighteen fifty-four,
the Plenipotentiary Ministers of Costa Rica and Nicaragua met to continue the
conferences that were left pending on the past seventh. The Plenipotentiary
Ministers of Costa Rica stated: That having examined the last proposai of the
Plenipotentiary of Nicaragua with the serenity and maturity that its importance
demands, they consider themselves in the need to state: that although they had
desired to put a satisfactory end to the question of territorial limits between both
countries in testimony of the sympathies that animate this Republic in favor of the
that of Nicaragua., they feel that it does not conform at all with the demands
comprised in the aforesaid proposition as it extends undeniable documents that
fully justify the right that Costa Rica possesses in the Province of Guanacaste,
and the incontrovertible reason with which it defends the western limits of its
territory, it is not within the will of the Govemment to consent to a notable
dismembering of what in fact and by right belongs to the Republic, nor does it
believe it bas the duty to agree to any compensation for the part of the territory
that it would desire to give up, as this would be a double national sacrifice,
simultaneously ceding the rights of Costa Rica and encumbering the public
treasury, without any plausible reason, with a huge debt that would not be
unburdened for many years, and that could precipitate it into an abyss;
notwithstanding this, Costa Rica would agree to recognize as the western limit of
its territory the mouth of the "Colorado" river on the Atlantic, continuing along
the bank of said river up to that of the "San Juan", continuing along this up to the
shore of the Lake and then continuing in a straight line from said shore to the
"Fior" river up to its mouth on the Pacifie; it being well understood that the
waters of the river and port of "San Juan" and the waters of the Lake would be
free at ali times for the trafficimports and exports of Costa Rica; in which case
it would declare the debt owed by the Treasury of Nicaragua to the Treasury of
Costa Rica as paid, thereby settling and concluding this transaction; but if the
Plenipotentiary of Nicaragua regretfully refuses to accede to this definitive and
final proposition on the part of Costa Rica, the question could be subject to
arbitration under the terms proposed in the minutes of 16 January, or the
resolution would be postponed for another time, notwithstanding the signing of a
treaty of Peace, Friendship and Trade that expressly stipulates that at no time
shall said question of limits be settled and concluded through the use of violence
or force, as that would be extremely hannful and ruinous for both countries, and
is also loathed by the civilization of this century. And the Plenipotentiary of
Nicaragua stated: that he is highly sensitive to the reply that the Plenipotentiaries
53of Costa Rica give to his last proposition made in the foregoing minutes, because
it dispels all hope of achieving an amicable and fratemal settlement that his
Govemment and he desire; that notwithstanding this, he does not end his mission
for the time being, but rather until the next conference, which he will give a
reasoned reply to the proposition of the Minîsters of Costa Rica; and that he
hopes that the days that elapse between this discussion and the next will be used
by both partiesto ponder and weigh, in the most detailed manner, the advantages
that the aforesaid agreement would bring to both parties, and the fatal
consequences that would result if the opportune occasion now presented by the
Government of Nicaragua is not used to reach a satisfactory and mutually
advantageous agreement. - Joaquin Bernardo Calvo - Manuel J. Carazo -
Dionisio Chamorro.
54 ANNEX 10
"Memorandum from Costa Rica, dated 13 February 1854,
mentioned in the protocol of the conference of 17 February ."
Published in Esgueva, Antonio. The Borders of Nicaragua and
Costa Rica in the historical documents.gua: IHNCA-UCA,
2007.344 Document No. 134
Memorandum from Costa Rica, dated 13 February 1854, mentioned in the
protocol of the conference of 17 February.
"The Plenipotentiaries from Costa Rica propose as the last tenu on the matter of
territoriallimits with the Republic of Nicaragua: that this [state] recognize as the
limits to the territory of Costa Rica the Point of Descartes on the Pacifie, and
continuing on the meridian beach of said point, follow a straight line as it
separates from the ocean towards the delta of the "Refugio" river in the Lake of
Nicaragua, and taking the bank from this to the "San Juan" river: from there the
southem margin of the said river up to the "Colorado" and taking the bank from
this one up to its mouth in the Atlantic. The waters of the river and Port of San
Juan would be free for the trafficf imports and exports from Costa Rica, without
the trade at any time being burdened with any kind of taxes. Costa Rica
renouncedfor always the free navigation of the Great Lake; and by way offree
trans/er offers to assist the Treasury of Nicaragua with one hundred thousand
strong pesos payable in tenparts in tenyears, including in this quantity those that
that Treasury owes to that of Costa Rica, previous liquidation. Costa Rica
renounces ali right to Castillo with a one league radius over the territory in
which it is."
RAGHN, Vol XI, No. 2, January-March 1952, 145-146.
57 ANNEX 11
Message of the President of the Republic [of Costa Rica] to the
Congress of 6 September 1857
Source: Gaceta del Salvador, Cojutepeque, 7 October 1857 {-1-)
GACETA OF EL SALVADOR
YEAR: 1857
COJUTEPEQUE; WEDNESDA Y, OCTOBER 7
(...)
[COPIES]
{...)
Message of the President of the Republic to the Congress of 1857. Honorable
Representatives.
When, on August 3 of last year, I offered for your consideration the chart
that represented the Republic, I provided for you in this very place a summary of
the events that had occurred up to that time, my heart quivering and rnoved by the
uncertainty of the future that awaited the Republic. However, never did I doubt
the patriotisrn and enthusiastic support of the National Representation, nor did I
question the effective cooperation of the heroic Costa Ricans in bringing a
glorious end to the bloody struggle initiated in defense of our most cherished
rights.
(-2-)
Great and infinite were the difficulties of ail types that faced the
Govemment, but aU having been surpassed by a finn and decided will, I raised
the voice of alarm yet again and was answered unanirnously by aH peoples. I
ordered a colurnn of brave men to march to the world of a general of known
experience, to fight the enemy on the field of honor, as demonstrated gallantly in
the area of Rivas. Convinced that our efforts and those of our allies would be
made in vain unless we attacked the filibusterer at the source of his great
resources and troops -that is, unless we stripped him of the forts and steamers
with which he dominated the San Juan River and Lake Nicaragua, by rneans of
which his men, arrns and supplies would arrive every fifteen days on a scale
much greater than ours and even greater than that of ail Central America- I
ordered the risky maneuver of surprising the enemy at these points.
The probabilities for the success of this daring expedition were more than
doubtful due to the magnitude of the obstacles that our courageous army was
forced to fight. In spite ofall this, and in spite of the most foui weather, they took
61to the fight with bravery, through thick forests, over broad mountains and across
scandalous rivers.
God protected our objectives and our efforts, and within very few days the
national flag tluttered over the forts on the river, at de Castîlla and on the
beautiful Lake Nicaragua.
This mortal blow to the bandit and his followers was the precursor to new
triumphs: the allied armies recovered their energy; our vanguard column, which
had evaded the force of the enemies of our independence, returned to active
maneuvers; and working ali in concert under the orders of the general~in-chief
appointed by the govemments, we ended the campaign on May 1 of this year,
1857, a memorable day for Central America, a day of glory for the Latin race that
has known how to defend its religion and its homeland and to teach a fine lesson
to the savage horde that intended subject us to the most oppressive slavery.
Victory cost us many precious victims, but these victims have given life to
the Central American continent and perhaps to·all of Spanish America. The
blood of our brave men on the battlefields will forever remain the fruitful seed of
immense good for the homeland!
I will not detail the difficulties with which, as mentioned above, the
Govemment struggled in the conflict in which the Republic became embroiled by
undertaking again this war that has concluded. With the objective met, those who
in timidityor malice used all types of invectives to weaken the providence of
salvation will be disillusioned to see that the people of Costa Rica know their true
rights and set their sightson those who mean them hann in any way. The
Government feels the satisfaction of having passed over ali of these
inconveniences, advancing its arduous undertaking with valor, strength and
perseverance.
However, despite the Republic's efforts to cast the bandit and his
infamous crowd from Central American soil, the fight is not over. No, a second
and more terrible clash threatenss, and we must remain for a long time under
alarm so as never to be caught unaware. With this intent, the Government bas
ordered the army to form once again, with eîght thousand men whose military
instructionis not to be neglected for even an instant. In addition to the military
supplies and elements that continueto be obtained, orders have been placed for
everything necessary to create the most complete military materiel possible given
our resources and circumstances. With disciplined and well~equi splpird,
62the army may succumb, but it will succumb with glory and honor after having
made the enemy pay dearly for its victory.
I must express here, with the most sincere warmth of my understanding,
the relevant merits of the generais who, with such selflessness -sacrificing their
own welfare, interests and that which is most dear in life- surrounded the
Govemment to save the country from the ruin that threatened it. Yes, they are the
ones who, from the start of the campaign, have contributed powerfully to the best
and most felicitous success of the operations on the San Juan, on the lake and in
the territory of Nicaragua. They are the ones who have suffered a thousand
privations and the rîsksof war and of plague, and they are also the ones who went
first into combat, assuming the honorable and delicate assignment of the
govemments to direct the movements of the allied army until the conclusion of
the war, and being the first to initiate the war this year and the last to return to
their homes, after eighteen months of absence in active service to the Nation.
Also weighing in my thoughts are the commanders, officers and soldiers
of the army, who bravely and heroically complied with the duty entrusted to
them. I recommend to you, as isjust, those who have served the Republic. And I
call your high attention toward the unfortunate mutilated and disabled, toward the
widows and children of those who gave their lives in defense of the homeland.
ltcosts the Nation great quantities of money to maintain and transport the
filibusterers who surrendered in Rivas and those who deserted in flocks from the
ranks of their audacious leader. But 1believe that such spending is not of waste, if
we consider that it demonstrates our humanitarian conduct on all occasions,
proving that we are not the barbarians we were depicted to be. On the contrary,
from their incursion into the neighboring Republic, our enemies have shown the
entire world that savagery is inherent to them, and that true civilization is
unknown to them. These men have respected nothing in satisfying their
imprudent ambitions. They have bloodied the scaffolds with innocent Central
American victims, brought valuable riches to ruin in despoiled Nicaragua, bumed
beautiful cities, sacked temples and committed a thousand other excesses against
morality. In sum, they have tread upon the rights of individuals and violated aU
laws human and divine. Who, then, willjustly be called the barbarians?
The facts will respond. History will respond.
The Government has had the awareness, after eighteen months of
campaign in which immense sums have been invested, to tax the inhabitants of
the Republic as little as possible, for national incomes have been of powerful
assistance for the resulting expenditures.
63 Satisfactory and very plausible it is that, in spite of the battering of the
war and the plague that affected the Nation, it has not retreated in its march
toward progress. In the midst of the focus on the campaign, coffee -this
precious fruit that provides the larger part of the country's wealth- was
harvested and taken to the port of embarkation, even though this year's harvest
was among the largest seen since 1848.
There has been no lack of fruits to feed the people, and the crops sowed
for the upcoming harvest are so abundant that they exceed those planted in
normal times.
The general and local roads of the towns have been and are being repaired
to the extent possible, ensuring the comfort of inhabitants and ease of transport
for commercial transactions.
One of the most important objectives of which the Govenunent has not
lost sight is the teaching of our youth.Itis true that we have not reached the leve!
of perfection to be desired. However, the adoption of new methods for schools
and the continuous dedication of the authorities, with support from parents, will
in the future provide new and seasoned results from the teaching in ali of the
sciences.
Finally, the Republic is not moving backward; it continues on the path to
prosperity, conserving within it the peace and domestic order that it contentedly
enjoys. Without doubt, its name will be raised among those of other nations, and
it will achieve great results in its întellectual capacities and in its physical and
moral character.
(-3-)
Fortunately, and in a manner complementary to the tranquility in which
the country rests, the harmony and friendly relations with foreign countries will
remain inalterable. The Republic is held in esteem by the maritime powers and
secondary powers of Europe.
The gentleman D José de Zambrano y Viana, the chargé d'affaires of
Spain, was recently here. After mutual and respectful demonstrations of
friendship, he traveled to Guatemala, where he is currently found.
The Government of the United States recently afforded us proof of its
friendship and of its hope for the good of Costa Rica. Zealous of our national
64honor and dignity, our chargéd'affaires in Washington remains vigilant in order
to dispel the impressions that any sinister report by our adversaries may produce
within said cabinet. It is very satisfactory that, to date, even the slightest
disagreement has not occurred between the two countries, or the smallest
difference of opinion between their governments.
From the Hispano-American Republics of the South, we have received
unequivocal demonstrations of confraternity. Those we commissioned to request
a loan and to cultivate and reinforce the bonds of friendship were received in Peru
and in Chile with the courtesy and consideration that is customary in civilîzed
countries. We have received similar important communications from Brazil,
Nueva Granada, Bolivia, Venezuela, Ecuador and Paraguay.
When Mr. Don Pedro Galvez, a representative of Peru, and Mr. D.
Francisco Solano Astaburuaga, from Chile, arrived in this Republic, their public
nature was recognized and they were treated with the respect and consideration
necessary under diplomatie circumstances and as required by the harmony
between friendly and brotherly countries linked by several titles.
At the proper time, you will be informed about the pacts celebrated
between the Government and these Representatives.
No deed has occurred to alter the harmony, alliance and good
comprehension established with the governments of Central America. On the
contrary, having renewed the family ties that have united us since distant times in
order to fight and cast out a common enemy from the territory of the continent,
these governments work in accordance with that of Costa Rica on the important
task of consolidating Hispano-American independence, ensuring that the sad and
bloody scenarios that we have seen are not repeated within any of the States,
whether brought by foreign adventurers who seek to usurp our nationality, or
caused by the partisan spirit that bas resulted in so much misfortune for the
peoples of aUlands and during aUeras.
A special commissioner close to the Provisional Government of
Nicaragua was also received with demonstrations of benevolence. Unfortunately,
however, sorne of the affairs to which he attended did not reach the happy ending
to be expected from a sister Republic, a friend and neighbor with which Costa
Rica has always sought the best and most open relations due to the mutual
interests that bind them and especially the common defense to which they are
called. With ali of this, the Govemment does not doubt that when a Constitutional
Leader appears in said Republic and its Administration is nonnalized, affairs will
be assessed with due calm, the justice with which Costa Rica claims certain rights
65 that belong to it will be acknowledged, and, in recognition of the convenience not
only for Nicaragua but also for ali of Central America, a public treatwillbe
· established on the bases assumed here to be founded in said rights.
JUAN RAFAEL MORA
San José;September 6, 1857
66 ANNEX 12
Note from William Carey Jones, Special Agent of the United
States to Central America, to Lewis Cass, Secretary of State of the
United States, 2 November 1857
Source:Manning, William R., ed. Diplomatie Correspondence of the
United States, Inter-American Affairs: 1831-1860Washington:
Carnegie Endowment for International Peace, 1934. Document No.
1406, pp. 621-625. (-621-)
(..)
1406
WdliamCareyJonesCass,Secretary of State of the UnitedStatesral4merica to Lewis
[EXTRACT]
VIRGIN BAY~ November 2, 1857.
SIR: I have arrived here this moming from Managua expecting to have reachedhere
several days sooner prevented from circumstances-absolutely beyond my control1
having been left thru several nights by the treachery of the persons appointed to
conduct me virtually a prisoner upon the Beach of Lake Nicaragua. As it is possible
that the Steamer forPanama may pass San Juan del Sur to day, in anticipation ofher
time I think it more prudent to send you this brief note by expresin place of a more
detailed Statement.If I can possibly reach. San Juan del Sur previous to the arrivai of
the Steamer, I shall write you more fully. You will understand however
1 Special Agents, vol. 20. Received December I
(-622-)
pretty nearly from the correspondence that has taken place between this
Government and myselfin which copies are herewith sent[ ... ) what the
(..)
(-623-)
state of affairs is here. The news of the Blockcade of the head of the San Juan
River & the seige of the fort of San Carlos by means of the Steam-
(..)
(-624-)
ers in possession of the Goverment of Costa Rica reached Managua about sixteen
days ago. My relations with the Goverment of this Republic were such as to
induce the Functionaire of it to make a common request of me to undertake the
passage of the Blockcade in my official capacity. From the nature of my
instructions and especially of the letter of 30thJuly1in which I was so particullay
informed of the views of the department, I considered the objects to be attained
69and the information that 1 could therefore forward by the making passage of the
San Juan River and observing for myself, I thought that to be the most immediate
of my duties. I therefore assented to the solicitation of the Goverment of
Nicaragua; and propose still to return from San [Juan] del Sur & if I shall be
furnished with a sufficient Boat & crew to go down the River to San Juan del
Norte & communicate with the Captain of the Saratoga & report to the
department by the first British Steamer, I am further induced to this enterprise
thinking that the department bas corresponded with me through the
Commercial agent there. And as it is a long time since 1have received any direct
communication from the department and one which 1 did receive was in duplic2te
and I may therefore suppose that the original was sent by sorne other route. •••
You will perceive by the copies of papers which have been furnished to me by
the Goverment of Nicaragua that as early as June last the Goverment of Costa
Rica refused to deliver the fortress of ncastilla Viejon and refused also to confirm
a Treaty of limits with Nicaragua which gives to Costa Rica the free passage of
the River San Juan for ber importations & exportations quite as much as according
to my instructions agrees with the views of the department. I have therefore not
hesitated to make known to the authorities of this State and by such means as have
been in my power to the Goverment of Costa Rica & to the authorities of the
other. States of Central America that it was the oppinion of the United States
that the Jurisdiction of the entire Transit route ought to be sole & not divided
and that that Jurdisdiction ought to remain with the State (namely Nigaraguia) to
which it bad previously belonged: and that Costa Rica was precluded by her
p[re]vious declarations from converting the war which was concluded through the
intervention ofCaptain Davis ofthe Sloop St. Mary by the capitulation at
( ..)
rAbove, this volume, pt. 1, doc. 1081.
2
The omitted portion states his views on the establishment of a government by
constitutional election
(-625-)
Rivas on the first of May- into a War of Conquest; and that the question of
boundery ought to be restored to the condition in which it was before that War
and at all events the Jurisdicition & non interruption of the transit I fully
explained these views to Gen Hosi [José]Callas at Granada on the night of the
second October when he was on his immediate return to Costa Rica with the
view that through him the Goverment of Costa Rica should be informed of the
facts. In forme1 letters 1 expressed the decided oppion {sic] that the sudden
return to Genn Carias to this State bad connexion with my coming to it, I am
now quite certain of the fact, and am nearly certain non demonstration will
admit of that the two weeks detention which 1 suffered at Punta Arenas were
caused by secret influence and would have continued if such an opportunity as
70the Steamer Columbus had not offered. Nothing here is intended to reflect on
the personal character of Genn Canas.
A second object of the visit of that General and Diplomat has developed itself in
the present operations of War. He purchased while here large supplies of
Provisions & secretly provisioned Castilla [Castillo] Viejo as a point d'appui for
the war then contemplated for the possession of the Transit. The old war was for
the same object. The department may be assured that Costa Rica intends by all
means in its power to control the River San Juan and not permit the opening of
the Transit except by a monoppoly which will be in a large degree personal; And
that no "good Of:ficers[sic]or" friendly intention will operate against the cupidity
and revenfull animosity to which the Chifis [sic]ofthat State are stimulated.
If it should so happen that by this conveyance I shall not be able to
communicate with my Family I request that Mr. Appleton will make known to
them that I am here and well & the intention that I have of proceeding directly to
San Juan del Norte: - in short, the whole contents of this letter.
I have [etc.].
(..)
71 ANNEX13
Note from William Carey Jones, Special Agent of the United
States to Central American, to Lewis Cass, Secretary of State of
the United States,30 January 1858
Source: Manning William R., ed. Diplomatie Correspondence of
the United States, Inter-American Ajfairs: 1831-1860.
Washington: Carnegie Endowment for International Peace, 1934.
Document No. 1420, pp. 647-657. (..)
(-647-)
1420
William Carey Jones, Special Agent of the United States to Central America, to
Lewis Cass, Secretary ofState ofthe United States 1
[EXTRACTS]
REALEJO, NICARAGUA, January 30, 1858.
2
SIR: When I had the honor to address you from this place on the Isinst. ,I had
come hither with the intention to embark on the steamer then expected, bound for
Panama. Delays which I could not anticipate, but, as they came, could not
prevent, kept me too late an hour to embark, & it was by means of a special
courier that l was enabled to communicate with you. l returned, therefore, to
Leon. The Minister of Foreign Relations (Don Gregorio Juarez) was there. He
informed me that he and another bad been appointed special commissioners to
meet the commissioners of Costa Rica (Messrs. Callas and Cuadra) at Managua,
to determine if possible, the disputed points between the ·two States. I thought the
occasion opportune to a main object of my mission-observation-and went also
to Managua. ln the meantime, the Commissioners of Costa Rica had retired in a
sort of disgust; and, as far as the proposed negotiation was concerned, the joumey
both of the Costa Rican Commission and myself, was fruitless. The agreement
made at Rivas, in December, between the President-General Martinez and the
Commissioners from Costa Rica, and which the former gentleman announced to
me (in a letter communicated to the Department with my last) as a "definitive
11
arrangement, is understood to have bee11concurred in by the gov1 of Costa Rica,
but bas been absolutely rejected by the Constituent Assembli of this State, now
in session. lt was on the passage of a decree to that effect that the Comrs of Costa
Rica departed, without waiting even the arrivai of the persons appointed to meet
them for new negotiations. Nicaragua is in a better situation thau before the
treaty, though not perhaps in consequence of it. She holds again the Castillo1
11
Viejo; but not by delivery from Costa Rica. It was taken from Costa Rica by the
party of "adventurers" under Anderson; and on their abandonment of it (on
hearing of the capture oftheir leader and confederates at San Juan del Norte)
1
2 Special Agents, vol. 20. Receipt date is not indicated.
Abov this~part, doc. 1415.
3Apparently that of January 1, 1858, above, this part, doc. 1415. The letter to him
from the President is not included in this publication. See his reply to it, of
December Jo, 1857, above, this part, doc. 1411, and note 2, p. 635.
75 (~648-)
General Jerez, then at San Carlos., with a considerable force, had only to enter.
The recovery of this important point, and consequent control of the river, having
already fallen to Nicaragua, and a main object of the agreement at Rivas thus
accomplished, no doubt influenced the Assembly in rejecting the treaty as a
whole. They have since, however, modified their decree, at the instance I believe
ofMinister Juarez, and propose to renew negotiations at San Jose (C. R.)whither
it is proposed soon to send a person to treat. I give it as my opinion that the
questions between these States will not and cannot be settled by a treaty
voluntarily & mutually made. There is not that disposition in the sentiments of the
States toward each other; & if there were I do not perceive any basis for a ·
compromise, unless Costa Rica should consent to abandon the object of ber
ambition & cupidity for many Years, & for which she lately decimated her
population in an .otherwise fruitless war. Outside pressure (that is, apprehension
of invasion from abroad) may operate to prevent on her part any active attempt at
this time to regain the control of the river; but shewill not voluntarily abandon
her pretentions to a share in the line of transit. The river and lake are therefore
lable to be the scene of a predatory warfare at any moment that the two States are ·1
sufficiently relieved from their present apprehensions ofmutual danger.
(..)
76 ANNEX14
Letter from Eduardo Montealegre R., Minister of Foreign Affairs
of Nicaragua, to Lorenzo Guerrero, Director of the Nicaraguan
Tourism Institute, 1 September 1999
and
Email from
Dr. Alfredo Ferre ti Lugo, General Secretary of the Nicaraguan
Tourism Institute, to Cafio Blanco Marina, 13 September 1999 The Ministryof Foreign Affairs
1 September 1999
MRE/DM/3098/09/99
Architect
Lorenzo Guerrero
Director
Nicaraguan Tourism Institute
Hand delivered
Dear Mr. Director:
Ihave the pleasure of addressing you on the occasion of referring to the
tourist information published by the Costa Rican company Cafio BlMarina~
in whose brochures appears a printed map that shows part of the territory of
Nicaragua and part of the territory of Costa Rica. A great concem for this
Ministry is the way in which the border between both countries is depicted since
it shows that the sameforme tr~ughout itsextens byotn~San Juan River
and part of Lake Nicaragua. Further, it identifies islands situated in Lake
Nicaragua as partf Costa Rica's territory.
Since this is not an official publication of the Govemment of Costa Rica,
itis not possible to send a note of protest. However, 1believe that the Institution
under your charge could contact the company Cafio Blanco Marina and request
that it immediately withdraw the same.
I take this opportunîty to renew the assurances of my highest and most
distinguished consideration.
(Signed)
Eduardo Montealegre R.
[Seal:] MINISTER OF FOREIGN AFFAIRS
Managua
79 REPUBLIC OF NICARAGUA
CENTRAL AMERICA
NicaraguanTourismlnstitute
DirectorateofLegal Affairs
/s/ Jlle1ûble ICEOFTHEPRESIDENTurismInstitute
1e: 3:45 : I!legible Time;Illegible
/s/llle!!ible ll!egiple
Receivedby:
ICS:llp
(..)
Nicaraguan Tourism Institute
From: Nicaraguan Tourism Institute <[email protected]>
To: [email protected]
Re: Toririst information contained in Costa Rica Tortuguero National Park
brochures
Date: Tuesday, 21 September 1999, 12:00 PM
Managua, 13 September 1999
Messrs.
CANO BLANCO MARINA
The Nicaraguan Tourism Institute (INTUR) finds totally unacceptable the tourist
information contained in the COSTA RICA TORTUGUERONATIONAL PARK
brochures, which contain a printed map that shows part of the territory of
Nicaragua and part of the territory of Costa Rica, wherein the border between
Costa Rica and Nicaragua, throughout its extension, is depicted as fonned by the
San Juan River and part of Lake Nicaragua, and the islands situated thereon are
also identîfied as partof Costa Rica's territory.
We demand that the brochure of reference be withdrawn immediately from
circulation and we remind you that in the future you should obtain more
information in this regard, as ît is well known the San Juan River is the exclusive
property of Nicaragua. Publications of this nature do not contribute at ail to the
80coordination required by a Central American tourism project in favor of the
development of our country.
Having no other mattersof reference, I sign.
Sincerely,
Dr. Alfredo Ferreti Lugo
General Secretary
INTUR
Cc: Ausberto Narvaez Arguello- Acting President
Eduardo Montealegre- Minister of Foreign Affairs
81 ANNEX 15
"Costa Ricans Damage Flora in the San Juan River,"
La Prensa (Managua) 13June 1991 LAPRENSA
NATIONAL Thursday, 13 June 1991
Costa Ricans damage flora in the San Juan River
By ZOILA DEL SOCORRO
Special report for LA PRENSA
SARAPIQUI, SAN JUAN RIVER. Costa Rican nationals are destroying the
flora and fauna of the San Juan River, recently decreed a national reserve,
according to reports by the inhabitants of the town of Sarapiqui, located at a short
distance between the San Juan River and Costa Rica.
The people of Sarapiqui report that Costa Ricans dedicated to hunting every
Saturday in Nicaraguan territory simply cross the river and bring hunting dogs
with them to trap spotted pacas, deer, sahinos, pavones,hi faced" monkeys,
macaws, parrots, gautuzas and other species in dangerextinction.
According to statements by sorne persons inrapiqui, whose names we omit for
"security reasons", Costa Ricans who engage in hunting and indiscriminate
deforestation in the San Juan River include the Retana family, Eduardo Arrîola
Reyes and others.
These families cross overo Nicaraguan tertitory from every Friday and spend the
day selectîng hardwood trees, such as cedar, mahogany, West Indies cedar and
others, and during the night they eut down the trees with electric-powered saws.
Later, on Monday, they load what they have stolen on boats to be sold in the
Costa Rican market.
The people of Sarapiqui assure that these violators offer spotted pacas in the
Costa Rican market for four thousand and five thousand colones, depending on
their size, and every week they sell between one hundred and one hundred and
fifty pounds of deer meat and other animals hunted in Nicaragua.
Likewise, macaws are sold for four thousand colones, which is a species in
danger of extinction. Parrots are sold for five hundred and even one thousand
colones, depending on the species.
At the place known as Sarapiqui, there are sectors, such as La Danta (one hour
from the El Castille de La Imnaculada) and San Francisco, which are
85characterized by an abundance of cichlid, which are fished in large quantities and
sold in the Costa Rican market.
The cornplainants pointed out that Commander Jaime Mairena, responsible for
the military post in El Castillo, is already aware of this fact, as well as the
authorities of San Carlos, but they have done nothing to stop these indiscriminate
thefts and deforestation.
The inhabitants of Sarapiqui also state there are pristine forests in that zone with
an abundant natural wealth that provide conditions for smuggling weapons and
amrnunition.
Insofar as the theft of animais and deforestation by Costa Ricans, it is not a recent
but rather a historical fact. The question that the complainants keep asking
themselves is until when will these people be permitted to plunder and violate our
territorial sovereignty and other unruliness?
86 ANNEX 16
"Tourist and Guide Kidnapped," La Nacion (San José)
3 January 1996 La Naci6n 01.03.96
Intense police operation in north zone
Tourist and Guide Kidnapped
•Armedgroup demands $1 million and re/easeofthe ''CommandofDeath"
Santa Rita de Boca Tapada, San Carlos. Two women, both European, remain
kidnapped since the night before last by an armed group sought by Costa Rican
and Nicaraguan authorities along the north border zone.
The victims were identified as 50-year old Swiss tour guide Regula Susana
Siegfried, who has been a resident in Costa Rica for 25 years and works for the
company VIATUR S.A., and 24-year old German tourist Nicola Fleuchaus.
Both formed part of an expedition of 12 German tourists who were the object of a
surprise assault last Monday, at 8pm, at the hotel the Laguna Lagarto Lodge in
Santa Rita, located seven kilometers north of Boca Tapada de San Carlos. The
foreigners had arrived in the country on December 28 and were planning to stay
two or three weeks.
Eight or ten individuals wearing fatigue uniforms and ski masks and carrying
high-caliber weapons, such as AK-47s, M-16s and grenades, participated in the
assault, erpetrated minutes after dinner.
Witnesses revealed that most of the subjects spoke with a Nicaraguan accent,
although they said they were able to distinguish several Costa Ricans. Police
sources have stated that at least one woman was involved.
After gagging the guests and employees, the kidnappers fled at midnight in a rural
vehicle, taking the two women with them and an unspecified amount of food,
jewels and other persona! belongings.
11
The group, which caUsitselfthe "Viviana Gallardo Command ,left behind a list
of demands, including, among others, a ransom of $1 million (~195 million at the
official exchange rate) and the releaseof the group members who kidnapped the
Supreme Court magistrates in 1993.
89 Yesterday, the Government approached the incident with great caution and
appointed a special commission to coordinate police actions in the north zone and
centralize all communications with the media.
The aforementioned commission includes Manuel Alvarado, Director of the
Judicîal Investigation Office (OIJ) and Information Minister Alejandro Soto,
Public Security Minister Juan Diego Castro and Tourism Minister Carlos Roesch.
Minister Soto, acting as the spokesperson, insisted at the two press conferences
. held at 10:52 a.m. and 4:05 p.m. that national authorities are willing to engage in
dialogue with the kidnappers.
When this edition went to press, allegedly no contacts had been made.
Discretion
The Costa Rican Government and Police are handling this case with absolute
discretion.
News of the kidnapping, which was broadly disseminated yesterday by
international news agencies, generated strong fear in official circles given the
impact it could have on the influx oftourism.
German tourists represent a strong source of foreign currency for Costa Rica.
According to Costa Rican Tourism Institute (ICT) figures, a total of 761,000
foreigners visited our territory in 1995, ofwhich 40,000 were Gennans.
This incident isjust another link in a long chain of attacks against tourists.
One of the most recent cases occurred Iast December 14 when 15 Germans were
assaulted at the Mirador de Orosi in Paraiso de Cartago by masked individuals
who stole ~ 10 million in persona! belongings.
Mario Gutierrez, manager of VIATUR, S.A., stated that even though they are
receiving a lot of support from the Govemment, the tourism sector has been
seriously affected by the criminal attacks against foreign visitors.
He indicated that other customers have been victims of theft and attacks both in
the capital city and in the interior of the country.
90Alejandro Soto did not hesitate yesterday to qualify the incident as "an isolated
event" and assured that the Government is willing to dialogue with the kidnappers
in an effortto safeguard the physical safety ofboth women.
For this purpose, a negotiating group was sent yesterday to Ciudad Quesada.
Manuel Alvarado, OIJ Director, informed that this interdisciplinary group is made
up of 15 persons, including 2 psychologists.
The Minister of Tourism also talked with the father of Nicola Fleutchaus and the
relatives of Regula Susana Sigfried to inform them, first hand, about the operation
being carried out.
Foreign Secretary Fernando Naranjo also contacted the Embassies of Germany
and Switzerland in the country.
On the other hand, police authorities have sought the support of their Nicaraguan
colleagues given the possibility that the group of kidnappers could have fled last
Monday night to that neighboring country.
That theory gained strength at lOamyesterday, after the 4-Runner vehicle, license
plate 240982, that was used by the commando to leave the Laguna Lagarto Lodge
hotel was found by the Border Police on the north bank of the San Juan River
At 3:00p.m., Fernando Sanchez, OIJ director in San Carlos, met at the mouth of
the San Carlos River with Edin Lago, regional chief of the Nicaraguan Anny, to
exchange information on the kidnapping.
91 ANNEX17
"Border Row with Nicaraguans," La Nacion (San José)
16 July 1998 NACION.com
San José,Costa Rica
Thursday, 16 July 1998
Army prevents police navigation
Border row with Nicaraguans
• Militaries complain police are navigating with anns
Berlioth Herrera and Carlos Herntindez
Writerandreporterfrom LaNacion
A new border row between Costa Rica and Nicaragua emerged yesterday when
the Nicaraguan Army issued an order prohibiting navigation on the San Juan
River by armed Costa Rican police in the north zone.
The order bothered the Government of Costa Rica, which claimed since yesterday
aftemoon the right of free navigation over this river course, which is the only
route it has to supply food and change the guard at the four border posts located
between La Curefiade Sarapiqufand Barra del Colorado.
The order was issued by Colonel Orlando Talavera, Chief of the Southem
Military Detachment (next to the border with Costa Rica), with support from
senior authorities of the Nicaraguan Army, as stated last night by Milton
Sandoval, the Press Secretary.
nThismeasure was taken because our troops had detected the presence of armed
Costa Rican civil guards navigating on the San Juan River," explained the
military officer.
However, the reply of the Costa Rican Atlantic Command, headquartered in
Sarapiqui, was forthwith.
The logbook kept at the Costa Rican Delta 14 police post indicates that after the
Nicaraguan measure was announced, an order was received from the Sarapiqui
command, which stated: 11either will the Nicaraguan police be pennitted to set
foot on Costa Rican soil.
95Necessary step
The Minister of Security, Juan Rafael Lizano, told La Naci6n that yesterday
aftemoon he sent a note to the Minister of Govemment of Nicaragua, José
Antonio Alvarado, explaining why the Costa Rican Public Forces need to
navigate over the San Juan River.
"There are Costa Rican police posts that are impossible to reach except through
the San Juan, and we need to do that to change the guard and supply food to our
men."
He was disturbed by Nicaragua's questioning whether armed police could
navigate over the river course. He emphasized that the police needs to carry
weapons because it is an inhospitable zone and because of the amount of food
they transport.
"The Canas-Jerez Treaty ofLimits (signed on April 15, 1858) grants us the right
to navîgate the San Juan River and points out that the only prohibition is for
vessels of war. In this case, it is not about armed vessels, but weapons that are
used by the police for their own security," he stated.
He also pointed out that he is unaware of the reasons that are pushing the
Government of Nicaragua to take this measure. When he was asked about
unofficial versions that are circulating which indicate that it was to.ereprisai
due to the growing number of illegal Nicaraguans that are being captured, he
replied: "We are doing our work. Yes, we have reinforced our control measures
and it's true that the number of deporteeshas increased."
However, he indicated that he did not have the exact number of persons who are
deported every day, although informationprovided by the Delta 14control post at
Sarapiquî shows that 54 undocumented persons were detained between 17 June
and 14July, and 14more persons were detained last Tuesday.
When he was consulted yesterday at noon, President Miguel Angel Rodriguez
stated he was unaware of the situation, but that Costa Ricans have the right to
navigate over the San Juan River.
Only with permission
Nicaraguan Captain Milton Sandoval highlighted that the Army clearly told the
Costa Rican police that from now on they had to request permission from the
Ministry of Defense in order to carry out theirtrips.
96He stated that high-level coordination will be necessary to lift this measure.
Yesterday Chancellor Roberto Rojas said that he will take advantage of his
participation at the Meeting of Foreign Ministers, which will talŒplace before the
Presidential Summit in El Salvador, to dialogue with his Nicaraguan counterpart
Emilio Alvarez Montalvan about this matter.
On his part, Costa Rica's Ambassador in Managua, Edgar Ugalde, stated that he
did not have any additional knowledge about this matter. 1Even today (yesterday
for our readers) I met for more than one hour with Foreign Minister Alvarez and
he didn't even comment anything tome about this matter. I suppose he doesn't
know either. 11
97 Nationais
Saturday, 25 July 1998 LAPRENSA
Aleman rejects arbitration
Costa Rica accepts new meeting with Nicaragua
HUMBERTO MEZA AND ALBERTO L.ALEMÂN
Although Nicaragua and Costa Rica have scheduled a new meeting next
week at a politicallevel, the border impasse could deepen after President Arnoldo
Aleniân rejected the proposed international arbitration that was considered as a
possibilityby Costa Rican Foreign Minister Roberto Rojas.
After Costa Rican officiais accepted the new meeting, Foreign Minister
Rojas stated that Nicaragua's position was a unilateral decision taken as a reprisai
against Costa Rica for the deportation of illegal Nicaraguan immigrants.
"We don't understand what's happening because what was said does not
match what is done. The President of Nicaragua assured us that they did not see
any problems with respect to navigation over the river, as weil as with respect to
their demands for Nicaraguan custodies, but when we got to the core negotiation,
Nicaragua's position was different", underscored Rojas.
In reply, Army General Major Javier Carri6n, the primary leader of the
technical negotiations that failed in Costa Rica, assured that the public forces'
claims are due to their inexperience in that position.
"The position we maintain is to permit armed navigation, but with
Nicaraguan supervision. Since the past we made transfers that way. Now the new
public forces want to overlook this formai procedure", indicated the military
chief.
"Surveillance by Costa Rica is necessary in that zone because there is a lot
of illegal immigration, smuggling and other anomalies, which make it necessary
to guard that southem partof the river," stated Foreign Minister Rojas.
101 ALEMAN: THE RE IS NO ROOM FOR ARBITRA TION
In the meantime, President Alemân, accompanied by the Central
American heads of state, warned yesterday that he rejects any type of
international arbitration in the negotiations, after indicating that Nicaragua will
not change her position because she has supreme sovereignty over the San Juan
River according to the Cafias-Jerez Treaty signed in 1858.
"They already have free commercial navigation. Armed vessels are never
commercial. Here there is no room for arbitration/' stated the Nicaraguan
President, indicating that he would have liked to have Rodriguez in the country in
order to solve the conflictface to face".
The statements of Alemân were accompanied by the President of
Honduras, Carlos Roberto Flores, who urged the parties to seek a negotiated
solution to the conflict.
"There is no difference or divergence that cannot be settled through
dialogue," indicated the President of Honduras.
According to versions published in the Costa Rican newspaper La Nacion,
the Costa Rican delegation is also suspicious of the meeting because of the
changes in the executive branch that were officiated this week by President
Arnoldo Aleman, essentially in the areas of defense and foreign affairs.
"For us it is uncomfortable or at least difficult being that at a time we are
having discussions, the persons with whom we are talking are changed. However,
that is not a reason to stop talking," underlined Rojas according to a journalist
from La Naci6n.
In reply,President Arnoldo Aleman underestimated such concerns, stating
that, in ftrst place, the changes will take effect in September, which in his opinion
provides more than enough time to continue the negotiations.
The conflict could further escalate after the Nicaraguan Foreign Ministry
informed LA PRENSA that the Government of Nicaragua will replace
Nicaragua's Ambassador in Costa Rica, Alvaro Sevilla Siero.
Although the exact date is unknown, LA PRENSA was able to confirm
that Sevillawillbe replaced by Enrique Paguaga.
102 Nacionales
25 de julio de 1998
Aleman rechaza arbitraje
HUMBERTO MEZA y ALBERTO L. ALEMÂN
Aunque Nicaragua y Costa Rica han programado para la proxima semana una
nueva reunion a nivel politico, el impasse fronterizo podria llegar a profundizarse,
luego que el presidente Amoldo Alemân rechazo la propuesta de un arbitraje
internacional, considerando como una posibilidad por el canciller tico, Roberto
Rojas.
Luego que los funcionarios costarricenses aceptaron el nuevo encuentro, el
canciller Rojas considero la postura de Nicaragua como una decision unilateral,
tomada en represalia a las deportaciones de Costa Rica, contra inmigrantes
ilegales nicaragüenses.
"No entendemos loque esta pasando porque loque se habla no concuerda con lo
que se hace. El presidente de Nicaragua nos garantizo que no veian problemas
por la navegacion sobre el rio y ademâs sobre las exigencias de custodios
nicaragüenses, pero cuando se llego a la negociaci6n puntual, la posici6n de
Nicaragua fue diferente" subrayo Rojas.
En respuesta, el Mayor General del Ejército, Javier Carri6n- principal dirigente
de la negociaci6n técnicaque fracas6 en Costa Rica - asegur6 que los alegatos de
las fuerzas publicas se deben a las inexperiencias de su cargo.
"La posicion que mantenemos es permitir la navegaci6n armada, pero con un
custodia nica; incluso desde el pasado haciamos los traslados esa fonna. Ahora
las nuevas fuerzas publicas quieren hacer caso omiso a ese procedimiento
formai", indic6 el jefe militar.
"La vigilancia por parte de Costa Rica se debe a que por esa via se presenta
mucha inmigraci6n ilegal, contrabandos y otras anomalias, que hacen necesaria la
custodia de la parte sur del rio", asegur6 el Canciller Rojas.
ALEMAN: NO HAY ESPACIO PARA ARBITRAJE
En tanto, el presidente Alemân, acompafiado de los mandatarios
centroamericanos, advirti6 ayer que rechaza cualquier tipo de arbitraje
intemacional en las negociaciones, tras indicar que Nicaragua no cambiarâ de
103posici6n por tener la soberania suprema sobre el Rio San Juan, seglin el Tratado
Caftas-Jerez, finnado en 1858.
"Ellos ya tienen la libre navegacion comercial. Las lanchas armadas en ninguno
memento son comerciales. El arbitraje aqui no cabe", expreso el mandatario
nicaragüense al indicar que le hubiese gustado la presencia de Rodriguez en el
pais, a fin de resolver "cara a cara" el conflicto.
Las declaraciones de Aleman fueron acompafiadaspor el Presidente de Honduras
Carlos Roberto Flores, quien urgi6 una salida negociada al conflicto.
"No hay ninguna diferencia ni ninguna divergencia que no pueda ser solucionada
por medio de los dialogos que se puedan sostener", indic6 el mandatario
hondurefio.
Seglin versiones del diario La Naciôn de Costa Rica, la delegaci6n nica mantiene
otras suspicacias sobre el encuentro, debido a los cambios que oficializ6 esta
semana el Presidente Arnoldo Aleman en el Ejecutivo, esencialmente en las areas
de Defensa y Relaciones Exteriores.
"Para nosotros es inc6modo, o por lo menos dificil de que en un momento que
hay discusiones se estén cambiando las personas con quién platicamos. Sin
embargo, esa no es raz6n para no continuar platicando", subray6 Rojas segûn un
periodista de La Nacion.
En repuesta, el Presidente Amoldo Alemân desestimô tales preocupaciones,
alegando en primera instancia que los cambios seran efectivos a partir de
septiembre, situaci6n que a su juicio les da mas tiempo para continuar las
negociaciones.
El conflicto podria llegar a subir de tono, luego que la Cancilleria nicaragüense
confiara a LA PRENSA que el Gobiemo nicaragüense removera al embajador
nica en Costa Rica, Âlvaro Sevilla Siero.
Aunque se desconoce la fecha del traslado, LA PRENSA logro confinnar que
Sevilla sera sustituido en su cargo por Enrique Paguaga.
104 ANNEX 19
"Country Firm in Meeting with Nicaraguans," La Nacion (San
José)29 July 1998
a) English translation
b) Spanish originalNACION.com
San Jose, Costa Rica
Wednesday, 29 July 1998
Meeting tomorrow in Managua
Country firm in meeting with Nicaraguans
•Army warns thal it will defend sovereignty
Carlos Villalobos and Mauricio Herrera
Reporters from La Nacion
While Public Security Minister Juan Rafael Lizano will
CONFLICT ZONE.
travel tomorrow to Managua to defend the right of Costa William Herrera, a civil
Rica's police to navigate the San Juan River with their guard at post Delta
weapons, Nicaragua's top military chief, Joaquin Cuadra, Eight, located in the
warned yesterday that the Armed Forces are obligated to headwaters of the
defend their country's sovereignty.
Colorado River,
northem border, stood
Lizano communicated his position at 3:50 p.m. after
accepting the invitation by Defense Minister Jaime Cuadra Somarriba. The
meeting will take place at the Ministry of Defense at 9:00a.m.
Yesterday morning, Cuadra, who is the Chief of the Army, made this warning
during an improvised press conference, in which he also stated that his men bad
the capacity to immediately reinforce the zone of the San Juan River with
helicopter-transported troops.
For his part, President Arnoldo Alemân announced that next Monday and
Tuesday he will travel through the river as part of his actions to ratify the
sovereignty of his nation over the fluvial course.
The dispute between both nations began on July 15 when the Nicaraguan Army
instructed its men to prohibit navigation by Costa Rican boats carrying armed
police on theSan Juan River.
Costa Rican police need to navigate the river to transport food and other supplies
to four border police posts on the Costa Rican bank of the San Juan River, which
are very difficult to reach by land. To protect themselves, they carry weapons.
107No going back
11ly one position will be taken by Minister Lizano to the meeting tomorrow.
The negotiating position 1 will take is to accomplish that our police forces can
navigate the river with their service anns. That is the only problem that has
existed, and that is my position".
However, he stated, depending on the spirit of negotiation that prevails at the
meeting, there could be sorne signs of flexibility provided they do not affect
existing treaties, jurisprudence and tradition. "We cannot go back", stated Lizano.
He added that Nicaragua's sovereignty over the.San Juan is not under discussion.
The Minister also revealed that the row began because the former Govemment
permitted the presence of military escorts on the Costa Rican boats, a situation he
prohibited upon assuming responsibility for the security of the country on 8 May.
Further, statistics from the regional immigration office in the north zone indicate
that the number of illegal immigrants deported through the 110rthborder increased
this semester by approximately 50 percent with respect to the same period last
year.
Nicaraguan Defense Vice-Minister, JoséAdan Guerra, informed the press in his
country that the only point on the agenda to be discussed by the parties will be the
"modus operandi" or Costa Rica's intentions that its vessels navigate with armed
police on the river.
"We want to overcome this problem for the benefit of the two countries and
Central America", stated Guerra.
Troops ready
Military chief Joaquin Cuadra wamed, however, about the possibility of
immediate!y deploying troops to the border with Costa Rica, although he also left
open the possibility of a solution resolved by dialogue.
"1 am sure that it will not be necessary to resort to extreme measures (...) Now
there are civilized ways to settle these disputes through dialogue and diplomacy",
he stated.
Nonetheless, he insisted that the "the last echelon" of defense of national
sovereignty were the armed forces, which have the obligation to act at any
moment.
108Deportation of illegal persons increases
During the first seven months of this year alone, Costa Rica has deported more
Nicaraguans than in ali of 1997, according to Costa Rican police reports and data
from the San Juan River Immigration Department in Nicaragua.
From January 2 to July 17 last, Costa Rica deported 15,068 illegal Nicaraguan
immigrants detained in the north zone, while there were 8,302 administrative
rejections during that same period last year, totaling 10,047 over the 12 months.
These 1998 figures do not take into account 10,700 illegal immigrants who
voluntarily presented themselves before the police and immigration agents to be
taken out of from the country, bringing the totalnumber to 25,768.
Average monthly rejections stand at 2,152, however, after adding those persons
who voluntarily request to be deported, monthly deportations increase to 3,681.
However, according to immigration authorities in San Carlos in Nicaragua, Costa
Rica had deported 22,000 illegal immigrants up to June 30 last.
For Costa Rica, a deportation occurs when a decision is reached by the National
Immigration Council, but in the cases that have occurred at the border, the tenn
used by the country is "administrative rejection". Nonetheless, Nicaragua
considers ali devolutions as deportations.
109NACION corn
San José,Costa Rica
Miércoles29 de julio, 1998
El Pais
Reunion mafiana en Managua ZONA DE CONFLICTO.
William Herrera, un guardia
civil del puesto Delta Ocho,
Pais firme en cita con nicas
ubicado en la naciente del
Ejércitoadvierte que defenderétsoberania rio Colorado, frontera norte,
vigilaba elviernes la zona.
Carlos Villalobos y Mauricio Herrera Al fondo, territorio
Redactor de La Naciôn nicaragüense
En tanto el ministrode Seguridad Publica, Juan Rafael Lizano, viajarâ mafiana a
Managua para defender el derecho de la policia costarricense para navegar con
sus armas por el rio San Juan, el maximo jefe milîtar nicaragüense, Joaquin
Cuadra, advirti6 ayer que las Fuerzas Armadas estân obligadas a defender la
soberania de su pais.
Lizano comunic6 su posici6n a las 5:30p.m. al aceptar la invitaci6n que le hizo el
ministro de Defensa, Jaime Cuadra Somarraba. La cita se verificarâ en el
Ministerio de Defensa a las 9a. m.
Ayer por la mafiana, Cuadra, quien es el jefe del Ejército,hizo la advertencia en
una improvisada rueda de prensa en la que, ademâs, afirm6 que sus hombres
estan en capacidad de reforzar de inmediato la zona del San Juan con tropas
transportadas por helic6ptero.
Por su parte, el presidente Arnoldo Alemân anunci6 que, el lunes y martes
pr6ximos, recorrera el rio como parte de sus actos destinados a ratificar la
soberania de su naci6n sobre el cauce fluvial.
El diferendo entre ambas naciones surgi6 el 15 de julio cuando el Ejércitode
Nicaragua gir6 instrucciones para que sus hombres prohibieran la circulaci6n de
lanchas de la fuerza Publica tica con policias armados por el San Juan.
Los guardias costarricenses requieren navegar por el rîo para llevar alimentosy
otros suministros a cuatro puestos de vigilancia limftrofes en la margen tica del
110San Juan, a los cuales es muy dificil llegar por tierra. Para protegerse, portan
armas.
Sin marcha atrâs
Una \mica posici6n es la que llevani el ministro Lizano mafiana a la cita. "La
negociaci6n que llevo es lograr que nuestra gente de la Fuerza Publica pueda
andar por el rio con su arma de reglamento. Ese es el unico problema que ha
existido, y esa es mi posici6n:·
Sin embargo, dijo que, dependiendo del espfritu de la negociaci6n que reine en el
encuentro, podrian generarse sefiales de flexibilidad siempre que no se afecten los
tratados existentes, la jurisprudencia y la tradici6n. "No podemos echar para
atrâs", declar6 Lizano. Agreg6 que el tema de la soberanfa nicaragüense sobre el
San Juan no esta en discusi6n.
El Ministro revel6 ademas que el Ho naci6 porque el Gobiemo anterior permiti6
la presencia de custodios militares en las lanchas ticas, situaci6n que élprohibi6
al asumir la seguridad del pais el 8 de mayo. También, una estadistica de la
oficina regional de Migraci6n en la zona norte indica que la devoluci6n de
inrnîgrantes ilegales por la frontera norte se increment6 esta semestre en
aproximadamente el 50 por ciento con respecto al rnismo periodo del afio pasado.
Al frente, el viceministro de Defensa nicaragüense, José Adan Querra, manifest6
a la prensa de su pais que el unico punto de la agenda entre las partes sera ..el
modus operandi"o las pretensiones de Costa Rica de que sus lanchas transiten con
policfas armados por el rio.
"Lo que queremos es superar este problema para beneficie de los dos paises de
Centroamérica",expres6 Querra.
Tropas listas
El jefe militar Joaqui Cuadra advirti6, no obstante, sobre la posibilidad de un
traslado inmediato de tropas a la frontera con Costa rica, aunque dej6 también
abierta la probabilidad de una soluci6n dialogada.
"Estoy seguro de que no se va a tener que recurrir a medidas extremas (... ) Ahora
hay formas civilizadas de arreglar estas contradicciones por la via del diilogoy la
diplornacia", afirm6.
111Empero, insistiô en que la patria tiene ..su ultimo escalôn·· de defensa de la
soberanîa en las fuerzas armadas, las cualesestân obligadas a actuar en cualquier
momento.
Creee devoluciôn de ilegales
Solo en los primeros siete meses de este afio Costa Rica ha deportado mas
nicaragüenses que durante todo 1997, seglin reportes policiales costarricenses y
datos del Departamento de Migraciôn de Rio San Juan, en Nicaragua.
Del 2 de enero al 17 de julio pasados Costa Rica devolviô a Nicaragua 15.068
inmigrantes ilegales detenidos en la zona norte, mientras que el afio pasado, en
ese mismo periodo, hubo 8.302 rechazos administrativos y un total de 10.047 en
los 12 meses.
Estas cifras de 1998 no toman en cuenta a los 10.700 ilegales que se presentaron
voluntariamente ante la Fuerza Publica y agentes de Migraciôn para que los
sacaran del paîs, con los cuales la suma asciende a 25.768.
El promedio mensual de rechazados es de 2.152, pero si se le suman los que
voluntariamente piden regresar, las devoluciones mensuales llegan a 3.681.
Sin embargo, para las autoridades migratorias en San Carlos de Nicaragua, Costa
Rica habia deportado a 22.000 indocumentados hasta el30 de junio anterior.
Para Costa Rica una deportaciôn ocurre cuando media una decisiôn del Consejo
Nacional de Migraciôn, pero en los casos ocurridos en la frontera el término
empleado por el pais es ..rechazo administrativo ... Empero, Nicaragua considera
todas las devoluciones como deportaciones.
112 ANNEX20
"Costa Rican Guards Point Guns at Nicaraguan Boaters," La
Prensa (Managua)
30 July 1998 Thursday, 30 July 1998 NATIONAL LAPRENSA
Costa Rican guards point guns at Nicaraguan boaters
ELIZABETH ROMERO
Over the past severa! months Costa Rica's civil guard has penetrated the border
zone at the San Juan River carrying their firearms and have even pointed their
guns at Nicaraguan boaters who transit over those waters.
This version was confirmed by two boat owners who work in those Nicaraguan
waters and it was also recorded on video by a Nicaraguan tourist who traveled on
20 June last to that paradisiacal place in the sector of San Juan del Norte. The
video tape was given to La Prensa yesterday.
The boaters from the locality told our reporter that on June17 last, the border
police of the southem neighbor were navigating over the San Juan River and
threatened them with their firearms.
"They pointed their guns at us and made us go to their post at El Curefio... they
asked us for the list of passengers we were transporting and my name'\ stated one
of the affected.
At the time of the incident, the boater was going to La Tigra, however, he
clarified that Costa Rican boats "always navigate" over the Nicaraguan waters
and travel from La Tigra to Puerto Viejo.
Last July 16, Army Chief, General Joaquin Cuadra, prohibited navigation by the
border police of the neighboring country over the boundary area of the San Juan
River carrying firearms. That prohibition was backed by President Arnoldo
Aleman.
Although members of the General Staff of the Army of Nicaragua traveled to the
neighboring country in the south to explain to its authorities that Costa Rica's
armed police cannot navîgate over that river, they insisted on taking the case
before international organizations.
The president of the neighboring country, Miguel Angel Rodriguez, reacted to the
Nicaraguan position by refusing to travel to Managua where he would attend the
EXPICA exposition.
115"Down here at the post in Curefiita, they have a camouflaged brown 200-HP
boat.. . since we navigate the river, they are following us, requesting names,
lists'\ insisted another boater.
"I made a phone caUto the radio and called the Army of Nicaragua to come see
the situation here", stated one of the boaters interviewed by our reporter.
The second boater adduces that the reason why Costa Rican police is dedicated to
pursuing co-nationals is trafficking of illegal immigrants. "They don't want
people to be entering. Every boat they see, they think is going to drop off people",
he indicated.
However, Costa Ricans also use the San Juan River more than the Nicaraguans
themselves. The waters of the San Juan River are used as a tourist attraction,
which does not produce any income for Nicaragua. In the information they
provide to tourists, very little is said about the locationof the San Juan River.
They simply assure that it is in the north border oftheir country.
According to severa! tourism businesspeople, such as Mr. Enrique Zamora, the
Government of Nicaragua should adopt emergency measures for the development
of the San Juan River zone, facilitating telecommunications, the rehabilitation of
the San Juan del Norte airport, as well as the enactment of a tourism incentive law
to counteract Costa Rica's influence in that area.
116 ANNEX21
"Nicaraguans Denounce Costa Rican Harassment on National
Territory,"
La Prensa (Managua)
2 August 1998 LAPRENSA
Managua, Sunday, 2 August 1998
Nicaraguans denounce Costa Rican harassment
on national territory
AMALIA MORALES
EL CASTILLO, SAN JUAN RIVER. Ignored by the government. That's the
situation faced by the inhabitantsof El Castillo, a town located on the south
border, on the bank of the San Juan River, who in recent months were harassed
and pursued by Costa Rican authorities in Nicaraguan territory.
The agreement signed by the Ministers of Defense of Nicaragua and Costa Rica
apparently settles a conflict over protocol. However, it does not take into account
the situation of the boatmen and inhabitants of the zone who navigate daily over
the watersof the San Juan.
Ali the activities of El Castillo depend on navigation in the outlet of the Lake of
Nicaragua. But in recent months navigation has become a risk for boaters in the
zone and a headache for travelers, who sometimes have been pursued and
illegally searched by Costa Rican military.
Neighbors of El Castillo say they have been abandoned
One of the boatmen affected by that situation is Geovany Obreg6n Bustos. He is
the boaterof the "Titanic III". Obreg6n Bustos says that the problem started in
Costa Rica's boundary bank, from the sector known as La Tiricia up to the mouth
of the river.
The boater relates that during a tripe made a month and a half ago from San
Juan del Norte to El Castillo, he was attacked by Costa Rican guards.
THEY SHOOT AT THE BOAT
"I was passing by the sector of La Curefiaand from their side they signaled me to
bring my boat closer, but I didn't stop and I continued. Since 1didn't stop, they
fired two bullets that fell about twenty yards from the boat", he recounts. In spite
119of the fear shared with the passengers Obreg6n Bustos says he only stopped the
1
boat in front of the first post of the National Army.
He parked the boat at Boca de San Carlos. There he filed a complaint before the
national military officers, who immediately communicated with the Costa Rican
post. ObregénBustos recalls that the first reply was lack of knowledge. "The guy
who responded to the Nicaraguan Army said he didn't know what was happening
and they were going to investigate", affirms the boatmanr. A while later they
called back and explained îtwas a drunken soldier and apologized.
The news became known in the region after fearful passengers reported the
incident in a local radio station. The accusation had no echo among the
authorities. No measure was taken in that regard.
According to the boatman, it is common to see Costa Rican armed military boats
navigating and stopping Nicaraguan boats. Thus, to halt the entry of illegal
nationals to their territory is one of the causes for the violation of Nicaragua's
rights over the river.
"The truth is that they (the Costa Ricans) are always bothering. Between four and
five military carrying 30 and 60 caliber machineguns travel in a 200-HP boat,"
assures the boatman. They usually carry out patrols and detain national vessels
between Boca de San Carlos and La Tigra, according to Obregén.
Another boater is Pedro Reyes, who frequently navigates the river downstream
1
from El Castillo to the river's mouth in the Atlantic, at San Juan del Norte.
Reyes says that he was followed by Costa Rican military board on a boat. The
Costa Rican guards surrounded his boat and forced him to stop in a foreign patio.
They ordered him to get out of the boat and he refused to ohey the order. To force
him 1hey loaded an M-16 machinegun. The boatman acquiesced in light of the
threat and got out. They asked him for the boat documents. They did the same
with the passengers. After they confirmed that they were ali undocumented, they
arrested them. "They went to expel them through Los Chîles" he s1ys.
Reyes believes that the measure is to "catch illegal people." But he does not
approve this mechanism at ali. The boatman considers that the attitude of the
guards constitutes a violation to the rights that Nicaraguans have over the river.
"They can only navigate as civilians bu1 not how they're doing it", he says.
120"We are making a living, we're not carrying weapons like them", affirms the
boatman, who recognizes that in most of his trips he transports Nicaraguans
"without papers''who are going to seek employment and money in Costa Rica.
A similar experience was faced by boatman Pedro Picado. "We were stopped for
about 15 minutes with the machinegunH,he states. "They have the right to guard
their border, but on theiride", he says questioning the attitude of the Costa Rican
military.
José Trujillo, a Costa Rican border guard, says there are too many illegal
Nicaraguans in his country. Trujillo assures that the entry of 2,500 is reported
every day. He affirms that traffic along the river bank is exaggerated. "The
situation for us becomes very critical because there are hundreds of people." This
reality forces them to be strict.
The Costa Rican guard minimizes the stories of the Nicaraguan boaters. He
considers that the conflict has originated from gossip. "There are gossiping
people who invent things. We respect Nicaraguans very much," repeats Trujillo.
"We even exchange greetings with the boaters when they pass".
The population is making daims to the government. They demanda prohibition
against the Costa Rican army to navigate with arms over the river. "The
Nicaraguan Army lacks firmness. There is a great deal of paternalism with the
Costa Ricans, as it is known that the soft part corresponds to Nicaragua and the
solid to Costa Rica, but that is not respected", says lawyer JoséBenito Salazar, a
native of El Castillo.
Lieutenant Diego Estrada, chief of the National Army post in El Castillo, says
that he does not have sufficient means to carry out frequent patrols and to confirm
the versions of the boaters regarding the harassment of the Costa Rican military.
Estrada, who has held that position for a short time, assures that the trips they
make to the different towns up to San Juan del Norte are done sporadically when
delegations from sorne institutions leave. But it is not constant.
These are the same conditions under which the Nicaraguan military offers work
in other border posts situated in Boca de San Carlos, Sarapiqui of Nicaragua and
San Juan del Norte.
According to the inhabitants, the Nicaraguan posts are separated at a considerable
distances, which impedes the monitoring of the extensive body of water. On the
other hand, the Costa Ricans have set up more posts to guard their territory.
121 ANNEX22
"Costa Rica Retaliates," La Prensa (Managua)
15 August 1998 LAPRENSA
Managua, Saturday, 15 August 1998
Costa Rica Retaliates
Prohibits Nicaraguan navigation in Barra del Colorado
SAN JOSE (AP). The Government of Costa Rica hardened its measures against
Nicaragua yesterday in protest for the annulment of the bi-national agreement on
navigation in the San Juan River border.
Security Minister Juan Rafael Lizano announced the prohibition on transit by
Nicaraguan Army soldiers through Costa Rica's Colorado River, which is used by
the neighbors to the north as an outlet the Caribbean Sea.
The Colorado River is close to the mouth of the San Juan River and it is used by
Nicaraguans as an outlet to the sea when the course of the San Juan River loses
depth during the dry season and cannot be navigated.
"In the Colorado River only civil vessels shall navigate, but no Nicaraguan
soldiersor anned vessels,n said Lizano.
The Minister also ordered the border customs with Nicaragua not to allow the
passage of unifonned or anned soldiers when they cross over to Costa Rican
territory to make purchases and other tasks.
Lizano was concerned by the increase in the number of soldiers on the San Juan
River's Nicaraguan bank and decided to avoid navigation by civil guards who,
despite the complication, must now travel by land.
Both countries are in opposition regarding the way in which their fellow citizens
should navigate on the San Juan River after the government of President Arnoldo
Alemân prohibited navigation by Costa Rica's armed police over those waters.
The frictions increased following the decision of Nicaragua to annul an
agreement signed with Costa Rica on July 30 last, which permitted Costa Rica's
civil guards to navigate with their service weapons.
125 ANNEX23
"Another Costa Rican Map 'Takes the River,"' El Nuevo Diario
(Managua)
26 August 1999 Reaction of Minister of Foreign Affairs Montealegre
ANOTHER COSTA RICAN MAP ''TAKES THE RIVER''
El Nuevo Diario, August 26, 1999
The govemment of Nicaragua reacted yesterday to a publication by Costa Rican
tour operators, in which a map depicts Nicaragua's San Juan River to be Costa
Rican and even makes it appear as if the border of [the southern] country extends
to the shores of Lake Nicaragua. Faced with such a publication, [Nicaraguan]
Minister of Foreign Affairs Eduardo Montealegre explained that these types of
publications, which "seek to create confusion,n have been produced since the
1970s and that Nicaragua will send an official noteto the Costa Rican authorities
to clarify the situationnd, to the extent possible, to clearly establish our rights."
The minister stated that the government will analyze in detail this and other types
of publications that sever Nicaraguan territory in favor of Costa Rica. He invited
other local institutions, such as the Department of Immigration and the Institute
ofTourism, to become involved in the problem.
Montealegre reiterated that the border between both countries is well defined and
demarcated. "A more aggressive tour operator probably wants to do something
beyond his competence," noted the head ofNicaraguan diplomacy. "That's why
we're here."
GOVERNMENT PRESENCE?
As a result of the conflict that the Costa Ricans sought to fabricate last year
regarding the provisioning of their troops, attempting to transport armed guards
via this route without permission from Nicaraguan military authorities,
Montealegre claimed that the Army maintains a presence and that efforts will be
initiated to develop the border zone from the area of Cârdenas. He did not
provide any further details.
The minister also mentioned the creation of a forest police force that would be
deployed in the Indio Maiz Reserve in the country's southem region. He insisted
that, to date, there are "interesting alternatives and ideas" to contrîbute to
Nicaraguan development on its border with Costa Rica.
129COSTA RICANS CLAIM THEY NEED NO PERMIT
Weeks before, the Nicaraguan govemment, through the Ministry of Foreign
Affairs, expressed to the Costa Ricans that it was willing to collaborate with them
with respect to the provisioning of their troops along the border. Ithas received
no response. It seems that, according to the Costa Ricans, no permission is
required for them to transit Nicaraguan waters on the San Juan River.
"Nevertheless, the offer stands," noted the Minister of Foreign Affairs.
Nicaragua can not and will not accept that the Costa Ricans lay claim to the San
Juan River, Minister Montealegre stated emphatically.
(..)
PRESIDENT RODRIGUEZ NOT GOING TO TAIWAN
The minister reported that, "technically," a meeting between President Arnoldo
Alemân and his Costa Rican colleague, Miguel Angel Rodrfguez, will not be
possible during the first week of September in Taiwan, where the Central
American leaders were invited by Taiwanese President Lee Ten Hui. The Costa
Rican president is not going to Taiwan.
However, Montealegre announced that he will travel to El Salvador today
(Thursday) to take part in a meeting of Central American Ministers of Foreign
Affairs. There, he will have the opportunity to speak with his Costa Rican
counterpart, Roberto Rojas. Montealegre did not say whether they will address
the border situation.He did confirm that they will analyze the date of the next bi
national meeting.
130 ANNEX24
"Indio Maiz Declared World Biosphere Reserve," La Prensa
(Managua)
10 July 2003 La Prensa
THURSDAY, 10JULY 2003/ EDITION No. 23145/UPDATED 02:30am
Antonia Calero Sequeiro
[email protected]
Indio Maiz declared World Biosphere Reserve
The Indio Maiz Reserve, one of the largest biodiversity reserves in Central
America, covering an area of 263,980 hectares, will form part of the World
Biosphere Reserve.
Located south of Bluefields, covering part of the Kukra River and El Castillo, in
San Juan River, the Indio Maiz Reserve received this designation from the
International Coordinating Council of the MAB Programme of the United
Nations Organization for Education, Science and Culture (UNESCO) in Paris,
according to information provided by EFE news agency.
The title Biosphere Reserve refers to zones located in terrestrial or coastal
ecosystems that are recognized by UNESCO's International "Man and the
Biosphere" Programme to promote and demonstrate a balanced relationship
between mankind and the environment.
A GREAT COMMITMENT
Even though UNESCO in Nicaragua has not received official information
regarding this declaration, representative Juan Bautista Arrien stated thats a
great commitment for Nicaraguans, taking into account that UNESCO declared
Bosawas as the country's first Biosphere Reserve in 1996.
"It is very interesting that UNESCO once again sets its eyes on Nicaragua; it is
significant and a great commitment because it is not just to declare a historical
site or biosphere reserve, but a framework based on man and the sphere of life,"
he stated.
For designating Biosphere Reserves, diverse countries propose zones within their
territory that meet specifie criteria, such as conservation of landscapes,
ecosystems, species and genetic diversity.
The Ministry of the Environment and Natural Resources (MARENA) submitted
an application to designate the Indio Maiz or San Juan River Biosphere Reserve.
133According to Eduardo Marin, Vice-Minister of MARENA, this designation of the
Indio Maiz Reserve will further develop tourism.
"It is a great joy for our country, even though we will have an enormous
commitment to preserve it, however, we will have the satisfaction of achieving a
greater boom in tourism investment and the world will know that we also have
important places in our country", Marin pointed out.
134 ANNEX25
"Crocodile Devours Child in the lndio River,"Prensa
(Managua)
10 Apri12007La Prensa.com.ni
The Newspaper of the Nicaraguans
10.04.07
Managua
Crocodile devours child in the Indio River
Francisco L6pez G.
Correspondent/San Juan River.
[email protected]
A 4-year old boy was mortally attacked by a huge crocodile before the helpless
eyes of his two brothers who were bathing with him in the Indio River on Sunday
aftemoon.
Omar Eliu L6pez Rocha is the unfortunate child who died in the jaws of the
crocodile when he was bathing in the river.
According to authorities at the Ministry of the Environment and Natural
Resources (MARENA), this type of animal is known in the zone as the black
alligator.
The tragic event occurred in the community of El Zapotal, municipality of San
Juan de Nicaragua, as reported by Captain Rita Matus Granja, spokesperson of
the police delegation in the San Juan River.
MARENA has authorized the search and killing of the animal in order to recover
the child's body.
The police officer stated that according to information received from that
municipality, located 200 kilometers west of San Carlos on the Caribbean coast,
the tragedy occurred on Sunday, at approximately six in the aftemoon, when the
three 11,7 and 4-year old Lopez Rocha brothers went to bath in the river.
When the children were bathing in the river a 5-meter long crocodile jumped out
of the water and attacked the youngest one.
According to statements by the surviving children to the authorities, they were
together when the animal jolted out of the water and directed its attack against the
youngest one, pulling him away and dragging him to the bottom of the river.
137The frightened children ran to tell their family, who in tum informed the Police,
Army, Ministry of Health (MINSA) and MARENA authorities, who went to the
place to try to do something for the victim but nothing could be done.
The second chief of the Nicaraguan Army's Southem Military Detachment
(DMS), Lieutenant Colonel Carlos Navas Salinas, said that soldiers from that
institution have been coordinating the search with the police, MARENA and
MINSA since Sunday. The search to find the body of the child or his remains
continued on Monday, but nothing had been accomplished by Monday aftemoon.
ln the San Juan River, at the mouth of the river at San Juan de Nicaragua and the
Indio River, in front of the town of San Juan de Nicaragua, it is common to see
gigantic crocodiles basking in the sun along the sand bars. However, according to
local authorities, there have been no reports of crocodile attacks against humans
in recent years. This type of predators usually attack and drag their victims to
deeper waters in order to devour them without being bothered.
Authorized to kill the animal
These animais belong to a species that is protected under environmental laws,
especially in the municipality of San Juan de Nicaragua, which has been declared
a reserve. The law prohibits the hunting of animais threatened by extinction as an
environmental crime. Article 27 of Law 559 (Special Law on Crimes against the
Environment and Natural Resources) provides that any person who hunts animais
threatened by extinction shall be punished with two to three years in prison and a
maximum fine of 20,000 dollars. The penalty is doubled if the crime occurs in
protected areas.
However, sources close to the Nicaraguan Army, affirmed that MARENA has
authorized the killing of the animal in order to recover the remains of the
devoured child.
The American crocodile (Crocodylus acutus), which is the same species of the
reptile, is native to the Americas.
These reptiles live in frcsh, brackish and saltwater, and are found south of the
Gulf of Mexico, the Greater Antilles, excluding Puerto Rico, and Central and
South America, along the Caribbean coast, up to Venezuela.
138These reptiles also live in the Pacitic coast of Central America and to the notih of
South America up to Tumbes. ln the United States, they can be found in South
Florida, as far as Vero Beach on the Atlantic and Tampa in the Gulf.
These crocodiles are much more aggressive than American Alligators. Even the
youngest ones are dangerous because they usually do not flee. Adults can reach
six meters in length.
139 ANNEX26
"Crocodile Kills 13-year old Boy Who Was Bathing in the River,"
La Nacion (San José)
5 May 2007NACION.COM
Saturday, 5 May 2007
San José,Costa Rica
Crocodile kills 13-year old boy who was bathing in the river
Six-meter animal caught boy by the leg and dragged hlm into the water
Adults bad warned the children about the dangerous presence ofthese reptiles
Nicolas Agui/arR. yGabriela Gatjëns
[email protected]
San Francisco de Tortuguero, Pococi. Y esterday a crocodile approximately six
meter long killed a 13-year old boy who was bathing with several friends at the
mouth of the Tortuguero River in the Caribbean Sea.
The victim was Breydi Escorcia Arriola, a first-year student at the high school
located in San Francisco de Tortuguero, in Pococi, Limon.
Although neighbors and authorities searched the place, they could not recover the
body of the child yesterday.
The reptile attack occurred at 11:45 a.m., about 400 meters from the child's
home, who usually bathed in the river in spite of repeated warnings from his
parents and other relatives.
Fulminating. "The crocodile caught him by the foot and dragged him. Breydi
screamed for help, but suddenly he disappeared in the waters of the river.
"A few seconds later he came out of the water and screamed that the crocodile
had ripped off his foot. And then he said goodbye to his brother Pablo and asked
him to say goodbye to his father for him", related 15-year old witness JoséFabian
JiménezCascante.
"We were playing and suddenly my friend screamed "crocodile'. When Irealized
what was happening Breydi was being dragged from side to side and later
submerged", said 12-year old Luis Robleto Wilson, another friend who was
bathing in the river when the tragedy occurred.
143"Goodbye, Pablito, he already tore off a foot. I can't stand it anymore; don't ever
bathe in the river again", Wilson said that the victim shouted before disappearing
in thejaws of the crocodile.
The incident caused despair among the neighbors who by then had run to try to
help him.
The search for the adolescent began soon after the attack and extended to 5:15
p.m. without any results. "We stopped because it was already dark and we were
exhausted", stated Ashley Ruiz, a neighbor of San Francisco.
Persons in the community, coast guards and border police officers participated in
the operation.Several hotels even provided boats to search for the body of the
child.
Indignation. The death of the student also caused pain and indignation among
the neighbors, sorne of whom assured they will search the river from today
forward in order to kill the animal.
"We saw how he grabbed him by the head. Itwas horrible. Later he sunk and we
never saw him again," recalled Ashley Ruiz.
Although sorne locals acknowledged they were aware of the presence of large
crocodiles in the Tortuguero River, they assured that until yesterday they had
only attacked"dogs and sorne pigs".
Despite the danger, children always bath in the river behind their parents' back.
"I was at work when they told me that a crocodile had attacked my son. I thought
the crocodile had only bitten him, but when I got to the river 1 saw that the
crocodile had killed him", related 44-year old Juan Pablo Escorcia Urbina.
GRIEF
CHILDREN DO NOT OBEY.
NAME: LAURA WILSON
RELATIONSHIP: WITNESS
"WHEN WE HEARD THE SCREAMS, WE CAME CLOSER AND SAW
HOW THE CROCODILE CAUGHT HIS HEAD AND SUBMERGED HlM.
144CHILDREN DON'T OBEY."
AT FIRST HE DID NOT THINK IT WAS SERIOUS.
NAME: JUAN PABLO ESCORCIA
RELATIONSHIP: FATHER OF THE CHILD
"MY SON ALWAYS BATHED IN THE RIVER. WHEN THEY TOLD ME
I THOUGHT IT WAS NOT SERIOUS, THAT HE HAD ONLY BEEN
BITTEN OR SOMETHING."
OTHER VICTIMS
8 APRIL 1997. A FIVE-METER LONG CROCODILE KILLED 23-YEAR
OLD ISRAEL! RONEN GILARD WHO WAS BATHING IN A LAGOON
IN THE MONDONGUILLO BIOLOGICAL RESERVE IN MATINA,
LIMON. IN THAT INSTANCE, THE ANIMAL CAUGHT GILAD BY THE
LEG AND DRAGGED HlM UNDERWATER.
1 MAY 1998. ANOTHER THREE-METER LONG CROCODILE ENDED
THE LIFE OF DENIS CHACON AT THE MOUTH OF THE JESUS
MARIA RIVER IN TIVIVES, NEAR CALDERA, PUNTARENAS. THE
INCIDENT OCCURRED WHEN CHACON WENT IN THE WATER
AFTER HIS FISHING LINE GOT STUCK.
16 JUNE 2002. 29-YEAR OLD UBALDO MARTiNEZ DIED AFTER
BEING BITTEN BY A CROCODILE CALLED JUANCHA WHEN HE
FELL INTO THE WATERS OF THE TERRABA RIVER WHERE IT
PASSES PALMAR NORTE DE OSA IN PUNTARENAS. MARTINEZ, A
PANAMANIAN, WAS DETAINED IN THE POLICE PRISON OF
PALMAR, FELL INTO THE WATERS OF THE TERRABA RIVER
WHEN HE TRIED TO ESCAPE BY OPENING A HOLE IN HIS CELL.
14511 APRIL 2005. 13-YEAR OLD ERICK ALEXANDER GUEVARA PASOS
DIED AFTER A FOUR-METER LONG CROCODILE ATTACKED HlM
WHEN HE WAS BATHING IN THE BEBEDERO RIVER WHERE IT
PASSES BY THE TOWN OF THE SAME NAME IN CANAS,
GUANACASTE. THE STUDENT'S BODY WAS FOUND THE
FOLLOWING DAY. HE DIED FROM ASPHYXIA.
8 APRIL 2007. A SIX-METER LONG CROCODILE TOOK 4-YEAR OLD
OMAR ELIU LOPEZ ROCHA WHEN HE WAS BATHING IN THE SAN
JUAN RIVER AT THE NICARAGUAN SECTOR OF EL ZAPOTAL,
CLOSE TO JOBO DE SARAPIQUI, HEREDIA. YESTERDAY THE
BODY HAD NOT BEEN FOUND.
146 ANNEX27
"Costa Rican Mine Has Unleashed Concern in Nicaragua,"
Miami Herald (Miami)
21June 2008MiamiHerald.com
Posted on Sat, Jun. 21, 2008
Costa Rican mine has unleashed concern in Nicaragua
BY LELAND BAXTER-NEAL
President Oscar Arias' executive order to greenlight a gold mine a few miles from
the Nicaraguan border has upset the Nicaraguan government and united
environmentalists in both nations.
Arias lifted a six-year ban on open-pit mining for precious metals, saying the
nation's environmental laws offer enough protection. Critics, however, say it is
evidence that Arias'much-touted environmental commitment runs shallow.
Juana Argefial, Nicaragua's environment minister, has called on Costa Rica to
suspend the newly approved mine, expected to pour millions into Costa Rican
government coffers over five years. Argefial said the mine would pollute the San
Juan River, which fonns a natural border between the two Central American
nations less than two miles from the mine site.
"We, the ministry, declare ourselves completely against it because once it enters
11
înto operations, the environrnental impact for Nicaragua will be huge, Argeîial
said.
The San Juan River is dotted with small fishing cornmunities and is home to an
abundance of wildlife. The river also connects to the expansive Lake Nicaragua,
considered the countty's future source of drinking water.
215 FEET D.EEP
The gold mine, named Las Cmcitas after the closest of a scattering of tiny, poor
border communities in the remote region, will open a pit 215 feet deep and use
cyanide to separate gold from ore.
Argeîial argues that the mine needs approval from Nicaragua's government
because of potential cross-border environmental effects.
Costa Rica's foreign rninist1y insists that authorizing the mine is a nsovereign act"
and that Nicaragua's caUs to suspend the project are "inappropriate."
Nicaragua, the Costa Rican govemment ctaims, has seven such mines in
operation, plus 60 metal mine concessions and 15 foreign companies carrying out
149explorations. Authorities could not confirm Friday if any of these mines were
located on or near the border.
Costa Rica's Environmcnt Minister, Roberto Dobles, told The Miami Herald that
Nicaragua has nothing to worry about from the Crucitas mine
"Costa Rica has some of the best environmental legislation, 11he said. "We make
sure nothing happens in Costa R11a, and if nothing happcns in Costa Rica,
nothing will happen in N icaragua.
Environmentalists, however, remain skeptical and point to a nearly disastrous
mining accident last October.
MINE DlSASTER
Bellavista, the countris only operating open-pit gold mine, located near the town
of Miramar west of the capital, was shut down after heavy rains triggered
landslides that destroyed the mine's million-dollar processing plant and threatened
to tear liners designed to keep cyanide from seeping into the ground.
The conf1ict over the Crucitas mine is the latest flare-up in an oflen-strained
relationship between the two countries, where the San Juan River bas long been a
sore spot.
Although the river belongs to Nicaragua, Costa Rica bas limited --and disputed -
navigational rights. Costa Rica's claim to navigational rights is currently being
contested before the International Court of Justice at The Hague.
PLAN CONDEMNED
Environmentalists' concerns, however, bridge the histori.c animosity between the
two nations.
The day before Arias' April 23 announcement that the Crucitas mine would be
permitted, a group ot' envi.ronmental organizations from Nicaragua and Costa
Rica met in the Nicaraguan capital of Managua and issued a declaration
condemning the anticipated decision.
Costa .R.icanenvironmental authorities say Crucitas will be strictly monitored by
an independent, internationally certitied monitoring firm, while another
laboratory will regularly test ali water used by the mine and in the surrounding
arca to watch for potential contamination.
150The concession to the Crucitas mine is held by a Canada-based gold mining firm
that this month changed its name from Vannessa Ventures to Infinito Gold.
Andrés Soto}a spokesman for the firm's Costa Rican subsidiary, said the property
is still being prepared for construction and the mine is not likely to begin
operations before September 2009.
When it does begin, it will draw an estimated 76,000 ounces of gold from the
earth each year for five years, for an estimated total of 380,000 ounces. At current
priees, which have been rising along with the cost of oil, Crucitas would earn
Infinite Gold more than $335 million.
After years of court battles and vocal opposition from national environmental
groups and local community organizations, Arias gave the mine the go-ahead
after lnfinito Gold scaled down its plans and beefed up its promises of
environmental and social aid.
NO CHEMICAL LEAKS
Once pulled from the earth, the gold will be put through a series of six chemical
bat11 of cyanide to11eparate it from the ore. According to Soto, the whole process
is a closed circuit where the cyanide is eventually destroyed and no chemicals
are released into the environment.
In addition to pouring millions of dollars into government coffers through taxes
and fees, lnfinito Gold also has promised to build a series of bridges, fix roads in
the area, employ 230 workers, reforest more than 90 acres and fùnd
improvements to local schools, among other social programs.
151 ANNEX28
Folkman, Jr., David I. The Nicaragua Route. Salt Lake City, UT:
University of Utah Press, 1972. [Extracts] (..)
(-115-)
In addition to financial difficulties, the directors bad to come to grips
with a problem that threatened to end all navigation by way of the port at
San Juan del Norte. In the years 1851 to 1857 over twenty-three feet of
water flowed over the bar at the entrance to the harbor, and vessels of all
sizes easily entered the port. During these years the ocean steamers
anchored inside the harbor just off Point Arenas while the river steamers
pulled alongside to discharge and take aboard passengers. However, by
the time the company reopened the route in 1862, it was apparent that the
alluvial growth which bad created the point of land called Point Arenas
was slowly filling up the harbor. At that time the company felt confident
that it could restore the harbor. Then in July of 1863 an earthquake lifted
the bar at the entrance of the harbor and reduced the water depth to less
than ten feet. After this occurrence the ocean steamers and large vessels
bad to remain outside the bar. Inclement weather sometimes caused delays
of several days in transferring passengers to the river steamers. In
addition, the raised bar restrîcted the flow of water out of the San Juan
River and increased the rate of build up of sand bars in the harbor and
lower river. As the silt became deeper, the water diverted more and more
(-116-)
through the Colorado branch flowing through Costa Rica. In 1848 sorne
nine-tenths of the water bad flowed out the lower San Juan; by 1865
eleven-twelfths of the water flowed through the Colorado branch to the
ocean. Unfortunately, no harbor existed at the entrance to the Colorado
branch, and the combination of silt deposit and restricted flow of water
made the lower San Juan almost impossible to navigate during the dry
season. In March 1865 the river steamer City of Granada struck a reef
below Castillo Viejo and sank. Fortunately the passengers and their
baggage were saved, but it took them six days to cross the isthmus. With
grass growing where Captain Hollins had anchored the Cyane to bombard
Greytown, and the lower San Juan becoming increasingly more difficult
to navigate, the company faced the decision of either finding another port
or dredging out the harbor. It considered both possibilities.1
In January 1865 the company engaged the services of a party of
engineers, detached from the Coast Survey Department of the United
States govemment, under Captain G. C. F. West to make a thorough
155survey of the San Juan River and the harbor at San Juan del Norte.
Captain West reported that further use of the Iower San Juan and the
harbor would necessitate turning part of the water flowing out the
Colorado branch back into the San Juan and building sorne artificial
means to prevent the further decay of the harbor after restoring it for use.
In lieu of this expensîve and difficult endeavor, he suggested that the
harbor at Monkey Point, forty miles to the north, could be put in excellent
condition and that the Colorado branch would require very little
improvement, five feet being the least water in the dry season. Francis
Morris, then president of the company, concluded from Captain West's
report that it would be hopelessly expensive to restore the harbor at San
Juan del Norte and therefore suggested in a letter to the stockholders on
September 6, 1865, that they adopt Wesfs alternative plan. He foresaw the ·
ocean steamers docking in the harbor at Monkey Point in all kinds of
weather, transporting the passengers to steamers adapted to crossing the
thirteen feetof water at the bar of the Colorado branch, a second transfer a
good di11ance up the river to river steamers, and continuance across the
transit.
(..)
156 ANNEX29
Gonzalez Villalobos, Paolino. The Sarapiqui Route: A
Sociopolitical Historyf a Road. San José: Instituto de
Investigaciones Sociales,
Universidad de Costa Rica, 1976. [Extracts] (-27-)
that Hale offered to populate, which became known, subsequently, as "the
Mountain of the English". He also offered to forma colony between the
San Joséand Hermoso Rivers. Finally, he offered to bu48d a canal that
would connect the river Sarapiquf with the San Juan.
Mr. Hale's company was nothing more than an idealist project.
There was no new attempt to colonize the zone until years later.
4. THE ALAJUELA COMPANY (1827-1830)
As we have already stated, the interest in the Sarapiqui route was
not limited to trade with Nicaragua, but extended to a more important
purpose, a way out to the Atlantic. The Costa Rican govemment, for the
purpose of increasing interest in the construction of this road, issued a
decree (12 March 1827), offering $500 in money and $1,000 in land, to
the person who discovered a road to the San Juan. 49 This led a group of
businessmen in Alajuela to attempt a new expedition to the zone, for
which purpose they requested authorization from the municipality of
Alajuela.50
These businessmen used for their first in51rsion "sorne vestiges of
the trail of the defunct citizen Franco Saborio..."
One of the commissioners, Mr. Miguel Alfaro, made the first
expedition on August 7.
(48) GOMEZ URBINA, Carmen Lila. Opus cit. p. 99.
(49) National Archives. "Expediente sobre descubrimiento de la vereda a
Sarapiqui y rio navegable a la ensenada de San Juan, su
reconocimiento por el Gobierno y demas efectos subsiguientes". In
Revista de los Archivos Nacionales. Year IV, No. 5 and 6 (1940), p.
291.
(50) Idem. p. 292.
(51) We have not found any other reference on the expedition ofMr.
Saborio. Ibidem.
(-29-)
159 ln spite of the difficulties, a small flow of merchandise began to
develop by means of the path opened by the Alajuela company. There is
specifie news about the passing of 18 mules with tobacco for Nicaragua in
55
1828.
In spite of the problems faced, the government awarded the
entrepreneurs in accordance with that legislated, but not without first
recording that:
"... although the fact is not exactly in accordance with the tenor
and purposes of those laws, for itis a comfortable path but rather
hardly practicable for the transport ofburdened steeds.H 56
Clearly, significant capital investment would be required to
couvert this path into a road useful for trade, and such resources were not
available at that time.
Because of the effects of the Alajuela company (together with
those carried out subsequently by Don Pio Murillo from Heredia), factors
such as those listed below began to influence the determination of the
starting point of the road to Sarapiqui:
- the struggle for economie and political hegemony; a struggle
that arose between the incipient bourgeoisies of the main cîties
in the Central Valley;
- the fight to achieve a monopoly of access to the sole route for
foreign trade.
Von Frantzius notes the following about this situation:
(55) FRANTZIUS, Alejandro Von. Opus cit. p. 19.
(56) National Archives. Congress. Document No. 839.
(-31-)
( ..)
the benefits stipulate by Iaw.61
In 1835, the government sought to give new momentum to the
route, ordering its rectification and widening to up to four yards.
However, the civil wars put an end to these objectives. 62
Parallel to the latest expeditions, a serious attempt to colonize the
plains of Sarapiqui developed. The Frenchman Alfonso Dumatray
160founded a comf6ny for said purposes, taking advantage of the decree of
June 3, 1828. The project included the formation of a cattle ranch,
sugarcane farms, a mill and distillery. Cattle ranching did not yield the
expected results, but the production of sugars and alcohols had great
initial success, and it was necessary to increase the area cultivated with
64
sugar cane each year. In only the second year of operations, a total of
15,000 "quintales" of sugar and 48,000 liters of rum were produced,
retuming 500% of the invested capita1. 65 For these purposes, modem
machinery had been imported, of which there are still sorne remains. 66 In
addition to the products listed above, there were four corn harvests per
year, as weil as plantain raising. The destination of this production was
San Juan del Norte. However, the lack of labor, difficult land access to
the interior and unhealthiness of the climate wreaked havoc on the
enterprise, and in1838 it was almost [... ]
(61) FRANTZIUS, Alejandro Von. Opus cit. p. 24.
(62) Idem. p.22.
(63) GOMEZ URBINA, Carmen Lila. Opus cit. p. 101.
(64) MELENDEZ CHAVERRI, Carlos "San Alfonso. La primera
hacienda en la colonizaci6n de las llanuras de Sarapiquî." ln Orbe, No.
140, Year 25 (1982); p. 21.
(65) FRANTZIUS, Alejandro Von. Opus cit. p. 20-21.
(66) GOMEZ URBINA, Carmen Lila. Opus cit. p. 101.
(-34-)
CHAPTERIV
2ndPhase: Marginalization of the Sarapiqui Route Project, 1836-1846
1st. THE MAJOR CHANGES
During the period of 1836-53, a series of qualitative changes took
place within Costa Rican society that simultaneously increased the need
for the road to Sarapiqui and generated contradictory processes. The
determining element of these transfonnations was the dramatic
development of coffee cultivation. This process had begun in 1832 with
exportation to Chile. Years later, it would accelerate through direct trade
with England and especially with the injection of financial capital from
68
said nation.
161 The coffee boom created a rapid process of change in land use
within the Intermountain Central Valley. Subsistence farming and
formerly hegemonie products (sugarcane, tobacco and wheat) were
replaced by coffee, and their cultivation was marginalized to peripheral
zones of the Valley. In this way, a monocultivation system was developed
a system that, to a great degree, was promoted externally by English
69
capital through the advance financing method for coffee harvests.
(68) FACIO, Rodrigo. Estudio sobre economfa costarricense. 2na
edition, San José:Editorial Costa Rica (1975); p. 43.
(69) Idem. pp. 47-48.
(...)
(-59-)
[... ] current harvest. At this pace, these beautiful coffee
plantations, these valuable and extensive agricultural fields, this
mercantile movement and ail of these improvement projects, signs
of a flattering future, would soon disappear, leaving poverty and
demands that would stir up passions and couv129 Costa Rica into a
theater of èalamities, disorder and despair"
Given these conditions, the construction of a road to the North was
urgent. To this effect, the President ordered the Directorate to carry out
ali necessary reconnaissance for the road's construction. 130Immediately, a
commission was formed, composed of severa! members of the Directorate
131
and the "practical" Manuel Sancho. As of that point, work on the route
to Sarapiqui was encouraged, to the extent that Faustino Montes de Oca
was named Superintendent of the road to the North. 132
During the same year, an expedition was sent to the Toro Amarillo
River to determine whether this river was navigable. The results were
133
negative.
However, aU of the work to be carried out toward San Juan del
Norte would be in vain unless a favorable agreement could be reached
with Nicaragua. In 1848, the Costa Rican govemment communicated its
intention of opening the Sarapiquf route to the govemment of Nicaragua,
also stating that, for said purposes, it would send a delegate to signa trade
162agreement. Nicaragua's exceedingly violent response threatened to break
off relations if Costa Rica insisted on constructing the road
(129) CASTRO MADRJZ, José Maria. "El General Presidente del
Estado de Costa Rica a sus habitantes" in El Costarrîcense, May
18, 1848; pp. 360-361.
(130) Official. "S.E. El Benemérito General Presidente del Estado se ha
servido expedir el decreto que sigue" in El Costarricense, May 18,
1848; p. 361.
(131) National Archives: "Actas de la Junta Directiva de la Sociedad
ltineraria1847-1848" in Revista del Archivo Nacional, Year No.
1-12,p. 236.
(132) Idem. p. 237-247.
(133) Idem. p. 249.
(-60-)
134
without a prior arrangement regarding the border question.
Costa Rica sent Felipe Molina to act as delegate before the
Nicaraguan govemment to discuss the problem of the road and the border
question. However, the new negotiations would end in categorical faîlure.
Nicaragua sought control over the water channel and surrounding
territories, whereas Costa Rica, in additi135to a route to the Atlantic, was
hoping to conserve its territorialntegrîty.
The Nicaraguan govemment proposed the following as a dividing
line:
"... a [line] that, beginning at the point of Descartes on
the Pacifie and continuing along the southern beach from
another point, taking a direct line in separating from the
beach toward the inlet of the Refugio River in the great
lake of Nicaragua (whose river is the same near that over
which the Frenchman D. Luis Chevan held possession),
continuing from there along the bank of said lake to the
Frio River, and from there rising by said river eight
leagues then taking aline parallel to the San Juan River,
at which point always with a distance of said eight
leagues from the banks of the San Juan, until touching
upon the Sarapiqui River where, dropping the same eight
leagues and arriving at the San Juan River, it will
continue first along the right bank of this river to the
163 branch called Colorado, and continuing from there along136
the right bank of this river to its mouth in the Atlantic"
This proposai was unacceptable to Costa Rica, which proposed the
following limits:
"... the point of Descartes on the Pacifie and continutng
along the southem beach of said point, taking a direct line
upon separating toward the mouth of the Refugia River in
Lake Nicaragua, and the bank of this [lake] to the San
Juan River, from there the southem border of said river to
the Colorado, and taking the bank of this river to its
mouth in the Atlantic."137
In addition, Nicaragua never recognized Costa Rica's rights to
navigation and sought to impose heavy taxes on the transport of Costa
(134) · OBREGON, Clotilde. Opus cit. p. 52.
(135) Idem.
(136) National Archives. Foreign Relations. Box No. 18. Document No.
19b.
(137) National Archives. Foreign Relations. Box No. 18. Document No.
18.
(-61-)
Rican mer138ndise, and on merchandise coming to Costa Rica from ether
latitudes.
In anticipation of the failure of this mission, a series of diplomatie
maneuvers were developed, in which there was serious foreign
intervention- intervention that was ultimately determined by problems
of a geopolitical nature.
During the 1840s, the San Juan basin was a point of international
conflict. England and the United States sought to control it in order to
build an inter-oceanic canal. For England, control was fundamental in
order to maintain commercial hegemony over Latin America.
Construction of the canal would make it unnecessary to sail around Cape
Hom, thereby facilitating communication with countries of the Pacifie.
For its part, the United States sought to challenge British hegemony
within its own "backyard." In addition, due to the discovery of gold
164 39
mines in California on January 24, 1844/ and the resulting migratory
current toward this region, control over this route was of vital importance
to the United States in order to encourage the transport of labor toward the
country's new western territories.
Great Britain, using its allies the Zambos-Mosquitos and
mobilizing military detachments in Belize, threatened Central America's
Atlantic coast from the early 1840s. In a joint expedition in 1848, they
140
took the port at San Juan del Norte, among other sites.
(138) OBREGON, Clotilde. Opus cit. pp. 58-80.
(139) VILAR, Pierre. Oro y moneda en la Historia (1492-1930).
Barcelona, Ariel (1970); p. 466.
(140) OBREGON, Clotilde. Opus cit. pp. 147-148.
(-67-)
(..)
150
to build roads: sorne through Matina, and other through San Carlos.
Lacking economie resources with which to carry out its own
construction efforts, the government encouraged capital dispersion,
promoting the formation of shareholder companies to build roads. As was
to be expected, these companies did not gather the capital necessary for
operations, as in the case of Sociedad Itineraria del Norte when it
attempted to build a highway to Moin and Limon via the Matina route. 151
The new s1 2temof private companies had been tested successfully
in other regions. Itconsisted in the state's cession of lands and tolling
rights to the contracting party.
One of the attempts to replicate this system was the Sarapiqui
Company. On October 27, 1851, a decree was issued authorizing the
constitution of a company of twenty partners with capital totaling 60,000
pesos, for construction of the road to Sarapiquf. 153 According to the tenns
154
of the contract signed by the partners, they committed to: building a
bridle path between San Joséand the pier of the Sarapiqui River within a
period of eighteen months, and then a highway twenty yards wide, similar
to that of Puntarenas, within eight years. For its efforts, the company
would receive:
1651- one thousand yards of land on each side and along the length of
the part of the road passing through vacant land [... ]
(150) FRANTZIUS, Alejandro Von. Opus cit. p. 22-23.
(151) AVILA BOLANOS, Olger. Opus cit. pp. 362-367.
(152) LACOUR-GAYET, Robert. La vida cotidiana en los EEUU en
vîsperas de Guerra de Secesi6n. 1830-1860. Buenos Aires. Lib.
Hachette (1965); p.53.
(153) Cf. Annex No. 1.
(154) Cf. Annexes No. 1 and No. 2.
(...)
160
proposai that was initially rejected by the partners. In 1853, however,
when the economie situation was very dif:ficult for the Company, they
accepted ceding to the North Americans the right to establish a navigation
161
company, a company that was never established.
Construction of the road was implemented with very few human
resources. The technical teams were limited to a civil engîneer (Luis
162
Charmier ) and the foremen. The rest of the workers were unskilled
laborers.
The lack of labor was one of the main obstacles, and its effects
were felt from the beginning of the efforts. As of April 1852 there were
reports about:
"...the lack of workers is felt more every day, which is a very
sensitive issue for our enterprises!'63
This problem became worse over time and, in the end, there was a
severe lack of unskilled labor.
The technical engineering work was apparently deficient. Only a
few years later, in 1864, Gindlach and Gallinier affirmed the following:
"The engineers formerly employed (on this road) seem to
have neglected to make the corresponding maps.
Therefore, there is no data upon which to form an opinion
about whether or not the current artery has been placed
166 on the most favorable line m terms of length and
164
slope."
Land reconnaissance work began on December 6, 1851.
Thursday, December 10, would be the day of the official inauguration of
the
(160) "Camino a Sarapiqui." In La Gaceta. September 25, 1852; p. 2.
(161) "Vapores en el Sarapiquf." In La Gaceta. October 1, 1853; p. 3.
(162) La Gaceta. May 15, 1852; p. 3.
(163) "Camino a Sarapiqui." In La Gaceta. Apri13, 1852; p. 3.
(164) National Archives. Fomento No. 1708.
(165) La Gaceta. December 13, 1851; p. 2.
(-71-)
166
work. Progress occurred very quickly, and by Apri11852 more than one
third of the highway had been built. By the next month, the path had
reached the pier, and it was esti167ed that only one more year would be
necessary to complete the work.
The work was abandoned in August 1853, having achieved the
following: construction of a mule path to the pier, thereby complying with
part of the contract, and construction of a highway to El Desengafto 168,
failing to meet the agreement.
Road quality was not good. Shortly after the work had stopped,
travelers who used the road referred to its poor conditions. Traveling in
July 1853, Wilhelm Marr noted the following about the section between
El Desenga:fioand Vara Blanca (which was not exactly the worst part):
"Our mounts trod over the mud as rapidly as snails
attempting to catch a horse, but unable to move any more
169
quickly."
The situation was no different at lower elevations:
"On both sides of the 'path' the thicket often reached a
height of fifty feet and more, but the mud increased as
weil - the soft and deep mud into which our animais
sank positively up to their bellies every eight or nine
steps. Since the mail passes over this trail only once per
167 week, the vegetation has time to grow strongly at many
points along the narrow transitable strip. The branches
swing back after being pulled by the preceding rider,
frequently whipping the face of he who follows. But
worst of all were the reeds that constantly tangled in the
mules' legs, such that they feli every so often like lassoed
prey."110
(166) "No oficial" La Gaceta. December 20, 1851,p. 1.
(167) "Camino a Sarapiqui." In La Gaceta, April 3, 1852, p. 3; and La
.Gaceta, May 15, 1852,p.3.
(168) "Direcciôn de la compaiiia de Sarapiqui." In Boletin Oficial,
November 24, 1853, p. 6.
(169) MARR, Wilhelm: "Viajes a Centroamérica."In Costa Rica en el
S. XIX, Anthology by Ricardo Femândez Guardia, 2nd Edition,
San José:EDUCA (1970), p. 252.
(170) Idem. p. 257.
(-72-)
The services provided by the new route were of little relevance,
limited to the trade of luxuries, the carrying of news and contraband
activities.
The volume of imported trade passing through customs at
Sarapiqui in 1856 gives us an idea of the limited transport over this route.
Merchandise worth only 9,471 pesos was imported, out of a total import
volume of 113,564pesos.l7l
As a means for the transportation of news from the exterior for
publication172 the official press (under the name "Correo de
Sarapiquf' ),the route was of significant use. In this way, Costa Ricans
leamed about the main overseas economie and political occurrences.
Contraband activities were apparently frequent in this zone. This
was one of the reasons put forward when the customs office was closed in
1860. 173
As a result of the sale of properties adjacent to the route, slight
174
colonization developed from El Desengafio to San Miguel. In 1870,
these settlers pressured the govemment to provide them with 1,000 pesos
annually to repair the local road.75 However, the small settlements must
168have been populated with small fanners, for in 1888 it was affinned that
there was no labor force or capital to exploit it in the North.
(171) SQUIER, Ephraim George: "Los Estados de Centroamérica." In
Costa Rica en el S. XIX, Anthology by Ricardo Fernândez
Guardia, 2nd Edition, San José:EDUCA (1970), p. 290.
(172) Publication began in La Gaceta of May 19, 1853,p. 2.
(173) National Archives. Congreso No. 6911.
(174) FRANTZIUS, Alejandro Von. Opus cit. p.23.
(175) National Archives. Fomento No. 115.
(176) National Archives. Congreso No. 9531.
(-73-)
With respect to the diagnosis of the situation, the studied case
allows one to observe how, during the first fifty years of independent life,
the design of development plans was marked by the impression of
improvisation. The reliability of the available information differed for
qualitative and quantitative reasons. Additionally, the processing of these
lacked technical criteria and in sum led to mechanically linking them with
the general postulates of liberalism in order tojustify the project.
The lack of reliability of the data is due to the manner in which
they were collected. During those years offices specialized in those tasks
did not exist, and the information used for the plans came from a pre
scientific perception of certain needs acquired by the fractions that the
economie and polîtica1 hegemony of the society disputed. These
perceptions arose from the experience acquired in the social production by
each group, and therefore reflected very specifie interests. Due to these
characteristics, the information was fragmentary, intuitive and aimed at
the subjective ends of its producers, making it very difficult to conduct an
objective fact-based study.
To achieve these purposes was to legitimize the proposai through
the mechanical application of the doctrinaire principles of liberalism to the
facts. In thisay, as these principles were the philosophical source of the
juridical-political order in effect, they justified the project on the basis of
the principle of the common good, or, on the basis of the ends
(..)
169 ANNEX30
Houk, Richard J. "The Development of Foreign Trade and
Communication in Costa Rica to the Construction of the
First Railway,"
(The Americas,Vol. 10, No. 2, 1953, Oct., pp. 197-209.) (-197-)
THE DEVELOPMENT OF FOREIGN TRADE AND
COMMUNICATION IN COSTA RICA TO THE CONSTRUCTION OF
THE FIRST RAILWAY
THE COLONIAL PERIOD (1563-1821)
THE POOREST, THE MOST ABANDONED, the most isolated of the
Spanish possessions in North America was the province of Costa Rica.
Despite valiant efforts made by the royal govemors to build roads and to
stimulate the production of items for export, the colonial history of the
nation indicates a vegetating and unstimulated economy. The smallest
settlements made by the Spaniards were scattered throughout the country,
and the greatest concentration of population was in the fertile Meseta
Central, which had no easy access to the sea. Ali of the early settlers were
"miserably poor with no prospect of finding mines to bring them quick
wealth, no export crop in demand in world markets, and no means of
bringing such a crop to the coast had itexisted."
(..)
1
Chester Lloyd Jones, "Costa Rica and Civilization in the Carîbbean,''
University of Wisconsin Studies in the Social Sciences and History,
Number 23, p. 21.
(-198-)
(...)
The high priees of the Spanish imports and the lack of corresponding
exports gave rise to a contraband trade with the English, once the latter
had abandoned their destructive forays upon the cacao areas and the
Atlantic coastal settlements. During June and December, when the fruit of
the cacao tree was being harvested, the owners of the coastal plantations
would come down from their homes in the interior ostensibly to direct
these operations but chiefly to engage in contraband commerce. Tortoise
shell, dyewood and sarsaparilla were exchanged for British merchandise.
These transactions were neither regular nor of great financial value, but
the authorities in Madrid brought about its eradication.
(..)
1732Rodrigo Facio, EstudioSobreEconomiaCostarricense(San Jose, 1942),
pp. 12-13.
(-199-)
(...)
In spite of these efforts Costa Rica ended its history as a province of the
great Spanish Empire in 1821 a poverty-stricken nation, almost wholly
without roads and schools, without a printing press, without any
govemmental funds and without any foreign commerce save for the small
exchanges made by overland routes with its neighbors, Panama and
Nicaragua. Its small population, the difficulty of communications, and the
depredations of the Mosquito Indians and the European "pirates" were the
causes which retarded its progress andkept it practically isolated from the
markets and progressive ideas of Europe and America.
The results of this isolation are weil described by John Hale, an
Englishman who visited the republic in 1826.
The little commercial exchange which this province has had with other
parts of the world is revealed by the following: the scales are made of
coarsely carved wood, while the weights are rocks that are picked up from
the street and tested in sorne store. The people look upon foreign products
as miraculous articles; not even the wheelbarrow has been irnported here;
they have no ideas of the cooper's products; they do not use the spinning
wheel, and the machines for sowing cotton and cleaning coffee would be a
novelty. In the whole province I have not seen a single tub. In short, there
are hundreds of modem inventions and articles of daily use of which they
are absolutely ignorant. ... The few craftsmen found in Costa Rica have
to use the most roughly made tools, and it is surprising that they canuse
such inconvenient implements. In order to make a table they have to use a
whole tree .... A saw mill would be a thousand per cent benefit! The
doors and window frames have never been painted because in ail the
country there is no paint, no turpentine, no oiL ... ltis true that because
the citizenry feel the greatest desire for progress
(-200-)
(...)
174 INDEPENDENCE TO THE CONSTRUCTION OF THE FIRST
RAILROAD
(1821-1870)
Once the province had become an independent republic and free from
the imposition of fiscal and political economie controls foreign to the
national need, Costa Rica began to augment its incipient foreign trade.
Wheat was the principal export, but neither was the quantity sufficient nor
the priees such as to accelerate its production. The same was true of
brazilwood and mineral products. Unconsciously setting the stage for the
impending development of the coffee industry in Costa Rica, the early
governments proclaimed ail manner of decrees favorable to the
development of foreign and domestic commerce. Free trade with aU
friendly nations, the rehabilitation of the seaports of Matina and
Puntarenas and the development of a system of roads linking the principal
centers of the Meseta Central with the aforementioned ports were a few of
the wise measures adopted.
The credit for the initial propagation of coffee in Costa Rica is divided
between the Spanish governor Tomas de Acosta and the Franciscan Padre
Felix Velarde. The plantis known to have existed in Costa Rica in 1804,
and in 1811 Padre Velarde had planted his land near San Jose in coffee
trees. His faith in the future development of the coffee industry inspired
many of his neighbors to follow his example, and by 1821 over 17,000
coffee trees had been planted in the distant valley of Matina. In that year
the town council of San Jose, after having made a free distribution of
coffee seedlings to the poorer citizens, made an extensive distribution of
unsettled lands to those who lacked the proper lands for coffee cultivation
and thus initiated a new and prosperous phase in the economy of the
republic. Ten years later it declared that those who would cultivate other
public lands in coffee for five years could declare them private
6John Hale, "Seis Meses de Residencia y Viajes en Centro America,
Etc.," in Ricardo Fernandez Guardia, Costa Rica en el Siglo XIX (San
Jose, 1929),pp. 27-28.
7
8Facio, op. cit.p. 23.
Alberto Quijano Quesada, Costa Rica Ayer y Hay (San Jose, 1939), p.
453.
(-201-)
175property. The following year the town council of Cartago was moved to
similar action.9
The first recorded exports of coffee were in 1820, when two shipments
of one quintal each were made via Puntarenas to Panama. The first
commercial shipments of any value were made in 1832 by George Steipel,
a German merchant established in Puntarenas who sent sorne 50,000
pounds to Valparaiso, Chile. This traffic to Chile for transshipment to
European markets rapidly increased within a few years and by 1841
10
approached 90,000 pounds.
Fortunately for Costa Rica, the head of the govemment during much of
this critical period was Braulio Carillo, a farsighted man who did not
hesitate to use dictatorial methods if he believed them necessary for the
national welfare. He made two forced loans of 15,000 pesos each to
finance the construction of a new route to Matina and also rehabilitated
the ports for increased foreign commerce. He announced an export tax on
each quintal of coffee to be used for the upkeep of the roads and granted
public lands along the trails to Matina, Terraba and Sarapiqui to those
who would plant them in coffee, cacao, indigo, cotton or pasture. He also
granted various lands in the provinces of San Jose and Cartago, especially
in the Pavas district, to those who would plant them in coffee.
The progress of the coffee industry in Costa Rica became known to an
English merchant-ship captain, William Le Lacheur, who visited the
nation in 1844-1845. He became convinced that the establishment of
direct service from Puntarenas to Great Britain would be economically
profitable and inaugurated such a line after a conference with leading
coffee producers in San Jose. They authorized him to învest their share of
the profits in merchandise to be purchased in England and brought on the
return trip for sale in the republic. Great Britain became almost the
exclusive market for Costa Rican coffee; and practically all of the foreign
tracte was carried on in English ships until 1849, when the Panama Mail
Line established service between Puntarenas and California.
The road to Matina had been open since colonial days, but there were
no bridges nor other means of crossing the torrential rivers flowing down
into the Atlantic or of traversing the extensive swamps along the
Caribbean coast. The 180-mile trip between San Jose and
9 Ibid.,p. 454.
10facw,op.cu.,. p.23 .
176 (-202-)
the Atlantic took thirty days and utilized several methods of transport.
First, one went by cart to Cartago and thenon horseback to Matina. From
there to the mouth of the Matina River rude rafts of balsa transported
freight and passengers. The last stage of the journey to the roadstead of
Moin was made by mule. The transport cost alone of a hundred pounds of
merchandise over this ro11e was not less than six pesos and double that
amount for passengers.
The heavy rainfall of this northeastem coast made the climate so
unhealthy that it was practically impossible to induce Costa Ricans either
to perform the labor necessary to create a thru road to the coast or to settle
in areas suitable for ports on the Atlantic. The average length of the
voyage from the Pacifie coast to the European market was at least five
months via Cape Hom, while from Matina the time was generally six
weeks and the freight charges but thirty or forty shillings per ton instead
offive pounds! Even after 1855, when the exports were transshipped over
the Panama Railway to the Atlantic, the delay and freight rates were
alarming. The good port of San Juan in Nicaragua was even closer to San
Jose than either Matina or Puntarenas, and the trip from there to Europe in
1844 did not exceed forty or fifty days by sailing ship or twenty by
steamship. For a time it seemed that the British government might take
possession of that port in virtue of its many reclamations in favor of the
Mosquito Indians. Had this occurred, it might have become the only port
used by Costa Rica, for its favorable location and more healthful climate
made it far more advantageous than either Matina or Puntarenas.
The almost complete lack of traffic over this route was weil described
by the French minister, Felix Belly, who landed at the Costa Rican river
12
port of Sarapiqui in 1858. From San Jose to this port was a journey of
thirty-six miles, which had to be covered partly by mule and partly by
rude canoes. M. Belly found the sole official was a captain of the port. He
had neither a soldier nor a subaltern. He lived in a bouse without fumiture,
only half enclosed with canes, and he slept in the attic. This official
estimated the weight of goods entering annually at one hundred tons. As it
was not a customs port, he issued passes for goods, and the duties on them
were paid upon their arrivai in San Jose. The capital was reached
11Soley Guell, op. cit.p. 45.
12
Ibid., p.45.
177 (-203-)
only after a long and arduous joumey, for the road had to be opened
with a machete.
Turned back from the most logical routes to their markets by a
combination of climatic, physiographic and political obstacles which they
were not yet strong enough to surmount, the coffee planters of the plateau
were forced to ship their coffee from the less advantageous but more
hospitable Pacifie coast. The overland route to the entrep& of Panama had
lost its utility becauseof the diminution of the export of mules and the
disappearance of the exchange of Central American products for
European merchandise at that market city. When the establishment of
regular service between Costa Rica and other nations bordering on the
Pacifie was attempted, the successive govemments of the republic did
their best to expedite the export of coffee.
The first choice of a seaport on the Pacifie was Caldera, a little creek
bed almost due east from the tip of the Nicoya Peninsula. Itwas not a wise
selection as the following description of an event that occurred in 1840
shows:
On the beach there was a long low bouse with a tiled roof
and mounted on piles; near it were three or four buts and
two canoes. We anchored in front of the bouses, apparent!y
without being noticed by a living soul. In the afternoon, the
captain of the port took me to shore. In the first bouse we
saw two candies buming before the body of a man.
Everyone that we met was sick with fever and complained
that the place was almost deserted; and notwithstanding its
advantages as a port, a few days later the govemment
ordered it abandoned and the port to be established again in
Puntarenas. 13
The old port of Puntarenas was located on a long sandy peninsula north
of the creek bed, or Caldera. Once the rehabilitation of the port had begun,
a cart road was constructed to connect it with the coffee regions of the
interior. It was no easy thing to connect that tongue of sand with the
Central Plateau, for the road had to pass over Mt. Aguacate (2,000 meters
high) on its 130-mile length. ln 1857M. Belly declared:
For twenty years they have been working on this [road] ; they are still
178working on it under the direction of the German engineer in charge of
public works and the road service since 1843.There has
13JohnL. Steph nernise~tesde Viaje en CentAmeri tin a~
Femandez Guard ip. it.p. 44.
(-204-)
resulted a road primarily connecting the various towns,
macadamized in part, and the Royal Road" of the travelers and the
carts.'
The upkeep of this road was based on an annual budge20~00 pesos.
There was an export duty of one real on each hundred pounds of coffee
which provided thisincarn aed~there were several private donations
towards the construction and upkeep of the road made by interested coffee
producers.
Amount of Coffee
Year Exported from Costa Rica
1832 ........................................................................
...................
1845 ........................................................................
............. 5,000,000 lbs.*
1853 ........................................................................
............. 8,000,000 lbs.*
1855 ........................................................................
...............
1859 ..............................................10,011~...6s..5...........
.............
1865 ........................................................................
............. 13,652,437lbs.
1868 ........................................................................
..............20,693,899 lbs.
1872 ..............................................25,479~...b6.5............
..............
TABLE I.Coffee Exports from Costa Rica, 1832-1872
These figures are from Rodrigo Facio, Estudio Sobre Economia
11
Costarricense(San Jose, 1942), pp. 23 and 25; and Ephraim Squier, Los
Estados de Centro America,Hin Costa Rica en el Siglo XiX, by Ricardo
Fernandez Guardia (San Jose, 1929), p. 243. The asterisk (*) denotes an
estimate.
Once coffee production had received the stimulus of direct export
service to Great Britain, coffee plantings increased tremendously and
exports zoomed to new heights each year. (See TablL) Despite the
political unrest of 1848 and the consequent displacement of the European
market, despite the internai political struggles which occurred in Costa
179Rica centering on the schemes of Morazin, despite the effects of the War
against the Filibusters upon Costa Rica at this period, more and more
coffee was sent to the foreign market. The constant struggle against
unadvantageous routes of communication had removed practically every
other product from the export trade. Even coffee, a crop whîch was of
high value and could be easily transported without undue deterioration,
had a bitter struggle in achieving commercial success because of the long
and costly voyage around Cape Horn. Most of the other articles of
national production either were limited by a fiscal monopoly, such as
alcohol and tobacco, or could not secure in the world market a priee
neces-
14Felix Belly, Atraves de la America Central," in Fernandez Guardia, op.
cit.,. 483.
(-205-)
sary to cover the high costs of transportation. The predominance of coffee
in the Costa Rican exports as early as 1852 can be seen from Table II.
1852 1853
Export Value Export Value
Coffee .............$609,984 Coffee ........................$720,000
Sugar ................ 20,000 Ail others ........,.............45,000
Hides ................ 6,250
Tortoise shell .... 3,200 TOTAL VALUE ............ $765,000
Sarsaparilla 3,200
Foodstuffs 10,000
TOTAL
VALUE ..........$652,634
TABLE ILCosta Rican Exports in 1852 and 1853
These figures are based on Ephraim Squier, "Los Estados de Centro
America," in Costa Rica en el Siglo XIX by Ricardo Femandez Guardia
(San Jose, 1929),pp. 242-244.
The priee of coffee during the months of February, March and April
(the period following the harvest) was eight or nine cents per pound
delivered to the Pacifie coast. The cost of production once the coffejinca
180had become established (usually three years after the planting of the
coffee trees) was from two and one-halfto three cents per pound. The cost
of transporting the coffee by oxcart to Puntarenas was generally one and
one-half to two cents per pound; the carts generally took from four to five
days to go down to the port and five to six days to return, depending upon
the season. Then there was the export tax of one real per hundred pounds
which was used for the upkeep of the cart road to the port. Thus the
speculators gained about twenty percent buying and sending the coffee to
the port at their own risk. Often they exchanged the cash profit for
manufactured goods or sold the bags in advance, receiving payment half
in money and the remainder in imported goods that they could sell in the
interior. In the world market Costa Rican coffee was considered inferior
only to the best product of the Orient; and in the English market, to which
most of it was sent, it realized twenty-two cents per pound.
The coffee was hauled down from the fincas of the Meseta Central to
the waterfront of Puntarenas loaded into rudimentary oxcarts, which were
mounted over two solid wooden wheels hewn from a
(-206-)
single piece of the trunk of a cedar, and were pulled by one or two yokes
of oxen. The famous English novelist Anthony Trollope traveled over the
cart road in 1859 and was much impressed by the constant traffic.
I believe that I can give the name of highway to it because
the products of the country are carried out for export by ox
carts over this route. However, it is appropriate only for
vehicles with solid wooden wheels adequate for the slow
and patient speed of the oxen. But during the morning and
the afternoon, the rows of carts were incessant. They travel
from 4 01clock in the morning until 10; then they rest until 3
or 4 in the afternoon and again continue their joumey for 4
or 5 hours more by taking advantage of the freshness of the
late afternoon. All of them are filled wîth coffee, and give
one the idea that the production of that article in Costa Rica
must be sufficient to supply the whole world.... Neither
the men nor the animais grumble as they would do in
England, nor do they quarrel over the use of the water nor
do they complain of their own bad luck and the good
fortune of their neighbor. Drivers and oxen are equally
orderly, patient and slow. They spend their lives taking
181 coffee to Puntarenas and chewing thousands of
15
sugarcanes!
In 1857 Astaburuaga, the Chilean minister to Central America, counted
700 cartloads of coffee and other commercial merchandise on a dais
joumey over the highway from the capital down to Puntarenas; and it was
said that16here were from 8,000 to 10,000 of these oxcarts in the
republic.
Although Puntarenas had become practically the sole center of contact
between Costa Rica and the outside world, the port itself was far from
impressive. In 1853 it was thus described by a commercial traveler from
Hamburg:
.The aspeet-which the settlement presents is decrepit enough; and if
you except the few large wooden bouses situated on the other side of
the tongue of sand and look at the huts made of reeds and palms in
which the natives live next to the beach, you will believe that you
have stopped at a settlement of Indians. Nevertheless a very
picturesque wooden light-house, whose lamp was not lit at our
arrivai because of a Iack of oil ...showed that this was the port of
the republic. The city has 1,200 inhabitants and consists of a
principal long street, on which are located the commercial .
establishments, and
15
Anthony Trollope, nLasIndias Occidentales y el Continente Espanol,u
in Femandez Guardia, op. cit., p. 405.
1Francisco Solano Astaburuaga, "Republicas de Centro America," in
Fernandez Guardia, op. cit., p. 259.
(-207-)
others of secondary importance, on which are located the homes of
the citizens.... Notwithstanding the fact that Puntarenas is a free
port [until 1860], no one is permitted to bring in without
govemmental permission either tobacco, munitions or liquors.
These articles have to pay duty and ·are deposited in the
customhouse. The impression which the little city finally produces
is very agreeable. It has sorne resemblance to the incipient colonies
in the United States....
Puntarenas itself is no wider than a third of a mile. The ships drop
182 anchor in a roadstead that is entirely safe, and I have never beard of
any misfortune caused by a shipwreck. Even when there is a violent
"norther", the only destructive wind encountered here, a ship which
became unanchored would only be blown out to sea. On the other
hand disembarcation is both difficult and costly. The commercial
buildings are all on the main street, on the shoreof the narrow arm
of the sea which bounds the peninsula on the north. In order to reach
the point (the tip of the peninsula) and to go toward the anchored
ships, it is often necessary to sail a mile, which can be done only in
time of high tide ... and this takes so much time that under such
conditions and having to go according to the tide, it is rare that a
launch can go and retum more than once a day. These launches have
a cubic capacity sufficient to carry100 to 120 sacks of coffee (from
5 to 8 tons); and a trip costs, depending upon the size of the cargo,
from··10 to 20 pesos. These put into the Estero (protected harbor)
and then sorne sunbumed, herculean lads take the merchandise to
thébusiness bouses, walking over the deep sand.... The muscular
strength of the carriers is enormous. One of these men carries, for
example, two sacks of coffee of 125 Spanish pounds each from the
depository to the launch without stopping and does this for many
hours under a temperature of more than 100° F.... No
responsibility is assumed for the damage which may be caused by
the sea water to the goods."
Despite such unfavorable conditions, Puntarenas became an important
shipping center and was visited by ships of all nations. When Marr visited
it in 1853, he counted twenty ships anchored in the bay." In 1855 the
commercial activity of Puntarenas was as follows: ships entering: 85;
ships leaving: 67; total tonnage: 25,000 tons; crewmen: 1,226; passengers
registering at the port:600, practically all proceeding from Panama and
bound for ports in Central America. The country of ownership and the
tonnage from the three leading countries using the port of Puntarenas in
1850 were: Great Britain, with 20 ships of 4,775 tons; the United States,
with 13 ships of
17Wilhelm Marr, "Viaje a Centro America," in Ferithidez Guardia, op.
18t., pp. 112-115.
Ibid, p. 112.
(-208-)
3,163 tons; and Denmark, with 7 ships of 1,271tons. Puntarenas bad
finally come into its own.
183 THE PREVIEW OF A RAILROAD: THE BURROCARRIL
With the advent of economie prosperity for Costa Rica and the
commercial development of the great coffee marketing centers of the
Meseta Central as weil as the seaport of Puntarenas, there came stronger
demands for a shorter and quicker line of communication linking the two
areas. Naturally the Costa Rican govemment hoped to see a railroad built
to link the two regions, and in 1857 President Mora granted the
concession for the construction of such a railroad to an English company
20
headed by Richard Farrer. At that time along the west coast of America
there existed only the eighteen-mile stretch of railroad between Lima and
Callao. The company expended sorne 70,000 dollars on the line and
advanced it niue miles beyond Puntarenas toward Esparta, but the
ascension of the mountains of Aguacate presented invincible obstacles.
This "preview of a raîlroad" existed for only a few years because it had
no financial income to support its existence and operation. The cart
drivers from the interior asked no more to carry a load of coffee to the
port itself than to the endof the tramway which was nearest the national
road. M. Belly declared:
There is nothing more modest or more primitive than the
installation of this route. There are neither terminal stations nor
intermediate stations nor special employees. A track 2 meters wide
and 3 meters long is open through the forest, 2 rails placed over tree
trunks without any planing, sorne little wooden bridges whose planks
are not adjusted properly, and a half-dozen ominibus coaches
provided only with benches and a roof of varnished wood. The
requirements of the service do not require a locomotive, because this
piece of track without an outlet cannot count upon a great circulation
of travellers. Besiclesthe exploitation of the forest resources which is
carried on by means of it, the line is used only for trains of
excursionists and hunters. Without getting off of the coach, you can
shoot deer i
This tramway or railroad with mule power was popularly called the
1burrocarril" in honor of the mules that pulled the cars through the forest
at the rate of two miles per hour.
19
Squier, op. cit.,p. 234.
20Quijano Quesada, op. cit.p. 581.
21Belly, op. cit.pp. 471-472.
184 (-209-)
The existence of this tramway encouraged the proponents of a railroad
from 11e interior to the coast to redouble their efforts.early failure of
the burrocarril" served only to clarify the many financial and
physiographic problems which the proposed line would have to solve and
thus rendered a more valuable service than its disillusioned English
investors suspected. A new era in the development of transportation and
communication facilities in Costa Rica was at hand.
RICHARD J.HOUK
De Paul
University,
Chicago,
Illinois
185 ANNEX31
JiménezPérez,Ignacio. The Manatees of the San Juan
River and Tortuguero Channels: Ecology and
Conversation. Managua: ARAUCARIA-MARENA-AECI,
2003. [Extracts]. (-33-)
Manatees of the San Juan River and
Tortuguero Channels
•!irDISTRIBUTIONOF MANATEESIN
THESANJUANRIVERAND
TORTUGUEROCHANNELS (-51-)
manatees under 60 years of age, which means there is no interest among
youth to leam such a difficult and risky technique, finding easier ways to
make a living through ecotourism, fishing or drug trafficking. Although
manatee hunting bas practically been abandoned, in 1996 there remained
one active hunter of these animais in the community of Barra de
Colorado. It is not known how many animais this hunter killed, although
the number certainly did not exceed two per year. It is also not known
whether the hunter currently remains active.
Local inhabitants are aware that manatee hunting is prohibited, and
several insisted that one "goes straight tojail" if found hunting a manatee.
In addition to this reason, hunting has been abandoned to a great extent
because of its difficulty: it takes extreme skîll to harpoon the animal,
which is unfriendly and has a fine sense of hearing, and whose enormous
strength may put the hunter at risk. One of the informants summarized this
general idea by stating that manatee hunting is not worthwhile because it
is much more complicated than hunting land animais (i.e. white-lipped
peccary (Tayassu pecari) or paca (Agouti paca)).
The hunting technique used in the zone coïncides with that used by
the Miskito Indians ofnorthem Nicaragua and is similar to the techniques
used in most countries where the species is found. A majority of the
expert hunters in the zone were born in Nicaragua and are Miskito,
although more hunting possibly took place in Costa Rica. To hunt a
manatee, itis first necessary to wait for severa! days near the site where it
leaves traces of its feeding. According to several hunters, the best time to
hunt is during the night of a full moon, especially in March and April. The
wait typically takes place within a light canoe, and the basic hunting team
includes two people: an oarsman/helmsman at the back of the boat and a
harpooner at the prow. As the hunters wait or approach the hunting
ground, they must row in a special manner so as not to produce any noise
in the water that startle the animaL This is so important that one of the
best hunters in the region used special oars (locally called cana/etes) with
knife-like edges to minimize disturbance in the water.
(..)
190 ANNEX32
. JiménezOreamuno, Ricardo. His Thoughts. San José:
Editorial Costa Rica,980. [Extracts] (-54-)
..."Costa Rica and not Nicaragua could have complained about
that delay" and when the forty days expired, he [Mr. Rives] could have
declared the negotiations concluded and broken, even though he was not
obligated to do so. He thought it was more opportune to extend the period
of forty days in favor of Nicaragua and by so doing was fully complying
with the law. Having given his approval to Nicaragua, he cannot it retract
because Costa Rica did not make use of a right, the exercise of which was
exclusive for her. In ali due justice, Mr. Rives concludes by declaring this
last argument of Nicaragua unsustainable just like the previous ones.
The published part of Mr. Rives's report ends here. lt can be be
assumed that the wisdom and good judgment that stand out in that part are
also equally present in the rest of the report. The just arbitral decision
regarding all the other secondary questions discussed makes us infer that.
"Las Novedades" of New York criticizes the award because it does not
give us the right to navigate in the San Juan with vessels of war. The
criticism, 1would say, is unfounded. The emphasis with which article 6 of
the treaty consigns that Nicaragua shall have the exclusive dominion and
sovereignty [original Spanish: dominio y sumo imperio] over the waters of
the river manifests a desire to establish a difference between the rights that
were agreed that Nicaragua and Costa Rica would have in those waters.
Now, if merchant ships and vessels of war of both Republics navigate
freely and indistinctly on the river; where is it manifested, what practical
effect does the solemn declaration have that the dominion and sovereignty
over the waters correspond to Nicaragua? The rest of that article
corroborates this meaning. ltwas considered that that absolute affirmation
would take away from Costa Rica ail use, aUenjoyment of the river, and
as that was not the intention, the exception was put immediately
thereafter, which stipulated that Costa Rica would have in said waters
perpetuai rights of free navigation, with "objects of trade". If the
exception does not also appear in the article in favor ofvessels ofwar, the
inference is logical: it was not thought that Costa Rica had that right. The
argument that is gleaned from article 4, regarding the obligation that Costa
Rica has to contribute to the defense of the river in case of foreign
aggression, was perceived as much less than conclusive. Costa Rica shall
contribute to that defense when the foreseen hypothesis occurs. In the
meantime, in time of peace, without the most remote risk of hostilities, to
pretend that our vessels of war navigate to contribute to a defense that no
attack provokes is to get to the subtleness with which the Nicaraguans
examined the treaty. Costa Rica, by virtue of article 4, was obligated to
193defend the San Juan as an ally of Nicaragua; and, when has it been seen
that an ally, by being an ally, pretends to have the right, without there
being a war, to transit with troops through the allied territory, navigate its
internai waters with vessels of war or station fleets in its ports?
194 ANNEX33
Leon Sâenz, Jorge. The Evolution of Foreign Trade and
Maritime Transport of Costa Rica: 1821-1900, San José:
Editorial de la Universidad de Costa Rica, 1997. [Extracts] (-11-)
GENERAL FRAMEWORK
The growth of the Costa Rican economy has depended,
historically, on its link with the world market, since its reduced size has
not allowed for autonomous development. During the colonial era, Costa
Rica was consîdered one of the poorest Spanish possessions. But soon
after its independence from Spain, the country took advantage of the
greater opening of world markets in the early nineteenth century to
notably increase its foreign trade, resulting in a very significant
improvernent in the country's economie situation. This improvement
enabled Costa Rica to achieve, by the end of the century, development
that was relative!y superior to that of the rest of Central America.
The objective of this work is to demonstrate the main
characteristics of the growth in Costa Rica's foreign trade from 1821 to
1900, as weil as to identify the main internai and external factors that
enabled the country to insert itself so effectively into the global markets
the day.
The dynamism of foreign trade during the nineteenth century can
be explained in terms of the following factors: expanding markets for
national products-primarily coffee; fortunate political decisions with
respect to export promotion; development of an active business class of
producers 1 merchants 1 shippers; and changes in transportation
technology that made it possible for the country to compete with its
products in external markets.
The following chapters provide a description of the origins and
development of foreign trade from 1821 to 1900, focusing on each of the
factors mentioned above. The limitation of the period follows the fact that
the most important changes in trade began to occur as of 1821, with
independence from Spain, which allowed for the introduction of free trade
policies.
(-44-)
(..)
of these ports, there is much infonnation, probably due to the increase in
trade during this time.With respect to the Caribbean ports, we can affirm
that contraband prevailed, providing much work to the government
officiais committed to controlling such activities. For this reason, there are
197only very partial registries of the marine traftic implemented through
these ports.
The final section will deal with the beginningsof the coffee trade.
ln the first years of the 1830s, a modest exchange of coffee began with
Chile, the country toward which incipient trade had been directed asof the
mid 1820s. Subsequently, direct exchange with European markets began
and, later, with the United States. This trade was the origin of national
economie development in the last century and, to this day, continues to
have a significant influence on the country's prosperity.
1. FOREIGN TRADE IN THE ERA OF INDEPENDENCE
Tobacco and trade with Central America: In order to obtain an
exportable product that would later make it possible to acquire
manufactured and other goods that the country required but could not yet
produce, during the colonial era efforts were made to cultivate important
export products. The first attempts, initiated in the late seventeenth
century, focused on cacao from Matina, which effectively constituted
together with tallow, hides, provisions and mules- a source that enabled
the country to cover, although poorly, its needs to import goods and
products. The importance of cacao was even demonstrated by the fact
that its seeds were used as a substitute for silver money, which was in
short supply in Costa Rica. However, and in spite of the recognized
quality of cacao from Matina, production dropped dramatically toward the
end of the eighteenth century, and it becanie necessary to seek a better
alternative. This was the cultivation oftobacco.
Tobacco consumption was on the rise during the colonial era, both
within and beyond Central America. At this time, significant quantitiesof
tobacco were produced in Iztepeque (El Salvador) and other areas.
However, in 1780 the Spanish .govemment decided to concede a
monopoly over production within the Captaincy of Guatemala to Costa
Rica, as a means to activate the economy of this province, which was
considered to be lagging very far behind. This support served to extend
crops to new zones, especially toward the western part of the Central
Valley, where San Joséand Heredia became the main production centers.
In addition, the Tobacco Factory was established in the former zone,
responsible for regulating
198 (-45-)
the crop and preparing and distributing cured tobacco. The incorporation
of more than a thousand farmers in the production of a marketable crop
had an important effect on the country's economy. In effect, tobacco
became the main export product and, more importantly, the mechanism
required to monetize the economy, because the Tobacco Factory paid in
silver coin. Even after the monopoly over exportation to the Captaincy
was lifted, tobacco remained the principal product exported to Central
America, given that the other exports of this era were sent mainly to
Panama and the Viceroyalty of Peru.
Tobacco was exported under the strict control of an official
monopoly, exercised in Costa Rica by the Factory of San José. This
monopoly acted as a strong economie power in Central America; it was
the main source of income of the Govemment of the Captaincy General of
Guatemala, as it was in other colonial govemments of America. As a
monopoly of the kingdom, it established who could cultivate and even
planned the number of plants that were to be sown. The declaration of a
monopoly over production in Central America in favor of Costa Rica
initially made it possible to incorporate close to a thousand producers
(from a total population that in 1780 must not have exceeded 50,000) into
production of the crop, even though in later years, after the monopoly was
lifted, only a few hundred of these producers remained. 2 The producers
were strictly controlled in order to prevent tobacco contraband, but
documents from the era include much evidence that this illegal trade took
place, at least within the country. In any case, tobacco served to generate
incomes that increased the trade with Central America and then, in the
latter decades of the colonial era, even became a product exported to
Panama.
The Factory performed another very important role, facilitating
financing for foreign trade with the restf the Captaincy General. Because
the Factory was part of an administrative system that covered the entire
kingdom, along with all of the kingdom's factories or branches, it could
issue and receive ordersof payment in favor or against the others. Traders
from one of the states could use this system to make payments or charge
for the products sent to another state. There was also the great advantage
that the trader did not have to travel physically to make payments,or take
long and dangerous trips over poor roads. By means of the Factory, after
depositing the corresponding amount the trader obtained an order of
199payment issued inhis name (or that of the other trader who was to receive
it). This 3rder could be converted to cash in another factory of the
kingdom. .
The tobacco trade also encouraged the development of maritime
transport. Initîally, most of the tobacco, the most important market of
which
(..)
(-52-)
The fall of the Spanish Empire, beginning in 1810 in South
America, favored the large-scale penetration of British trade and, to a
lesser extent, that from the United States. This first occurred in that part
of the continent and then progressively extended to Central America. In
this way, the need to rely on contraband became much less important for
foreign merchants, replaced by legitîmate trade as the new republic
opened its ports to free trade. Nevertheless, as will be seen below,
contraband continued to exist during the republic, due to internai
economie conditions that favored it.
2. TRADE EXPANSION IN THE 1820sAND 1830s
Socioeconomic Situation at the Start of the Period of lndependence
As mentioned above, the situation of conflict during the wars of
independence depressed foreign trade in the country, which began to
rebound only in 1825. In Costa Rica's case, although ittried to avoid the
fratricîdal struggles that occurred in the rest of Central America, the
country also had serious internai conflîcts that affected national
development. The first of these was in 1823, brought about by different
positions adopted by the cities and main villas with respect to Mexico's
imperial impositions under Iturbide, who sought to annex Central America
to that nation, by force if necessary. Fortunately, after a brief internai
armed confrontation, the crisis was resolved due to lturbide's faUand the
retreat of the Mexican troops that had occupied Guatemala.
Following this episode was a period of sorne twelve years of
relative stability, allowing the country to reestablish the tobacco trade- its
main source of income - had been virtually paralyzed in 1822 and 1823
200because political problems in Nicaragua and other states had prevented
these countries from paying Costa Rica for the tobacco sent since 1821.
At the same time, efforts to diversify production continued; these efforts
had been initiated during the colonial period through the promotion of
sugarcane and coffee cultivation and the production of salted beef and
tallow. Added to these activities was the extraction of brazilwood, gold
and silver.
In order to isolate itselffrom the region's conflicts, Costa Rica had
declared partial sovereignty between 1829 and 1831 through application
of the so-called Aprilia Law. In the latter year, however, the country
again joined the Federal Republic of Central America. The final years of
the period that we are studying were more turbulent for the country. A
new internai armed conflict occurred in 1835 with the annulment of the
law that mandated the rotation of the National
(-53-)
capital between the four main cities. This deed gave rise to the brief War
of the League, which confinned San José'sstatus as the national capital.
As of 1835, with Braulio Carrillo as Head of State, important
economie reforms were introduced, that resulted in increased dynamism
of the economy. Among the most important contributions in this field
were the issuance of the Law of Bases and Guarantees and the
codification of laws, which until then had been based on colonial laws. In
the economie arena, the Regulations of the Public Treasury were issued,
and the tobacco and liquor monopolies (the main pillars of the public
treasury) were reformed. In addition, through an agreement with the
English Government, Carrillo was able to cancel Costa Rica's portion of
the Central American foreign debt, significantly reducing the problem of
claims regar16ng arrears in debt payment, which continued affecting the
other states. In order to stimulate trade, the first Code of Commerce and
the new Customs Duty, approved in 1839, were both of great
importance. 17
The period of the two decades after independence closed with a
new armed conflict. This arose with Costa Rica's separation from the
Federal Republic and the Francisco Morazân's subsequent invasion
leading the Central American Federalists, who, in April 1842, defeated
Carrillo. The attempt to revive the Federal Republic was short-lived: in
201 September of the same year, Morazân was defeated and executed by fi:ring
squad in San José.
By the end of the period, the national economy had changed
substantially with respect to the situation twenty years prior, at the dawn
of independence. The country had diversified its production. In addition
to tobacco - which continued to be an important export product and the
state's main source of income - other activities had been developed, such
as the exploitation of gold and silver and of logwood (although the
importance of both had decreased greatly by the early 1840s). Other
products of a certain relevance included loaf sugar (chancaca) and, to a
lesser extent, hides. In any case, by 1839, coffee had already become the
most important export product, even though its production had been
negligible at the time of independence. By 1843, coffee represented more
than 80% of the value of all exports from the country.
The predominant role of coffee had been established by 1843 and
would continue for another century and a half. lts consolidation was not
· yet certain, however, since the possibilities for the grain's large-scale
commercialization directly to Europe had still to be confirmed. Fears that
the rise of coffee would not be permanent were not unfounded, given that
other products of the period, such as metals and
(...)
(-166-)
[... ] transported .those passengers in a hurry to reach their destinations.
For slightly more than ten years, until1858, this routewas important.
The Sarapiqui route came about with the opening of inter-oceanic
communication via Nicaragua, using the San Juan River and Lake
Nicaragua to transport mainly passengers and mail from the east coast of
the United States to Califomia, and vice versa. In the Caribbean, the
route's terminus was the port of San Juan del Norte, a site at which ships
began to.arrive regularly as of 1848. The arrivai of the Royal West Indies
Mail steamers at this port in this year, and subsequently of US steamship
lines offering services from New York and New Orleans, made the route
to San Juan via the Sarapiqui River attractive to Costa Ricans? lt is
important to note that this route had been promoted since the 1830s, when
the govemment took steps to ensure the arrivai of the Royal Mail steams
to San Juan.
202 The river portion of the trip involved boarding small barges or
canoes that were rowed up the San Juan River to the mouth of the
Sarapiqui, continuing up this river to the site of El Muelle, where
passengers and cargo would disembark and a customs office had been
installed. This up-river journey took from three to six days, depending on
weather. But the trip down river took only between fifteen and twenty
four hours.4
The over5and section of the route was considered very difficult and
also dangerous. For this reason, it was used primarily to carry mail and
passengers from Costa Rica and only in a secondary manner to transport
urgent or high-value cargo. Even during the route's high period, between
1848 and 1856, the transport of merchandise was limited. After 1856,
with the arrivai of the steamer line to Puntarenas, such transport
practically disappeared, to such an extent that the Sarapiqui customs
office was closed definitively in 1859.
Sorne years later when Nicaragua revived the Transit Route (the
effects of the war with the pirates having passed), Costa Rica again
became interested in reactivating the route. However, this was soon
forgotten d7e to the decision to build a direct railroad to a port on the
Caribbean.
The Beginnings of Maritime Movement via Limon: 1867-1882
The long time required for transport via the Pacifie and the high
costs involved in the alternative route of steamers and the Panama railroad
were of continuous concern to the government. The construction of a
railroad to the Atlantic was seen as the best solution for the transport
problems affecting foreign trade. In 1861, the state sent an expedition to
travel the seaboard and recommend the site for a port. The ideal site was
located at
(-167-)
the Bay of Limôn, a few kilometers south of the old anchorage of Moin.
A contract was immediately signed with a Bel~ia entrepreneur, E.
Ponguin, to open a road to the site of the future port.
This first attempt to open the road was unsuccessful, so the state
assumed the task on its own. In November 1863, efforts began toward the
design and, subsequently, the construction of works, which continued
203until 1869 when a path had been completed that, although allowing for
passage, was insufficient for the transport of export or import
merchandise. In any case, overland communication was established, and
in 1867 a decree was issued declaring the port of Limon open.
While the road was being built, the government continued actively
to promote the construction of a railroad to that port. Between 1864 and
1865, the German engineer F. Kurtze, Director General of Public Works,
carried out studies for the placement of the railway, and his results were
disseminated abroad to seek financial support.10 In 1866,the first contract
was signed for railroad construction, but this contract, and a second one
11
signed in 1869, were not completed. Finally, in 1871 a third contract
was signed, this time with Henry Meiggs, a US railroad builder who had
completed severa! such projects in the Andes. This same year, Meiggs
delegated the contract to his cousin, Henry C. Keith who, in turn, passed
the contract to brother Minor C. Keith in 1876, who effectively completed
the work.
Construction of the railway to Limon began in late 1871. Ittook
nineteen years to complete, for it was not until 1890 when the first train
could pass from Limon to San José and thus end this enormous task
toward which the country bad dedicated so much effort. First financial
and then technical problems were the main reason for the delay in the
railroad's completion. An intermediate solution that functioned with
sorne efficiency was to take the railroad to the Sucio River ("the old
line"), where ît met the hîghway at Carrillo, which connected with San
José. In this way, by combining the railroad and highways, overland
communication with the Caribbean was possible since 1882. From 1882
to 1890, the Carrillo road remained in operation, carrying an increasingly
greater proportion of the country's foreign tracte. ln this way, the true
growth _ofLimon as a port began. 12
Before the route could be opened for foreign trade, Limon's
importance as a port was Iimited to serving as a point of entry for
construction materials, workers, food and other consumer goods required
by the railroad. As of its opening in 1867, the shipping traffic it received
increased rapidly, and by 1873 the arrivai of more than 90 ships was
recorded. As mentioned above, cargo was almost exclusively for
importation
(..)
204 (-170-)
Table 6-2 illustrates the speed with which Limon overtook
Puntarenas as the primary port of the Republic. From receiving only 7%
of all trade in 1878-79, in slightly over four yearthe opening of
the Carrillo highway and the railroad to the SucioLimon began to
handle 32% of all experts and 65% of imports! The main reason for
exporters' hesitation to usemon was probably that the shipment of
coffee over highways and its transfer to train at the Sucio River were
considered risky due to the possibility that the product would get wet and
be ruined. In 1886, sorne exporters still continued to use the port at
Puntarenas but, by then, most had been convinced to use the railroad as
their means of transportation.
Twenty years later, Limon's dominance over Puntarenas was
absolute. More than 90% of foreign trade entered or left via the.
Caribbean, an exact inverse of the situation in 1878-79.
TABLE 6-2
DISTRIBUTION OF TRADE BY PORT
Importation Exportation
Year
Puntarenas Limon Puntarenas Limon
1878-79 NIA NIA 93% 7%
1883 35% 65% 68% 32%
1886 25% 75% 43% 57%
1907 13% 87% 6% 94%
SOURCES: National Statistics Office, 1879 Report; Statistical Summaries
1883-1893; and 1907 Report.
205 ANNEX34
McNeil, Jean. The Rough Guide to CostaRica. Fourth
Edition (April 2005). New York: Rough Guides, 2005.
[Extracts] (-171-)
(...)
The Rio San Juan and the Nicaraguan Border
Heading to or from Barra from the Sarapiqui area in the Zona Norte
entails a trip along the Rio Sarapiqui to the mighty Rio San Juan.
Flowing from Lago de Nicaragua to the Caribbean, the San Juan marks
most of Costa Rica'sborder with Nicaragua, and the entire northern edge
of the Barra del Colorado Wildlife Refuge. Though it's theoretically in
Nicaraguan territory (the actual border is the bank on the Costa Rican
side, not the midpoint of the river), Costa Ricans have the right to travel
on the river. There isn'thowever, an Official entry point between the two
countries so it,s technically illegal to cross into either country along this
stretch. For more details on crossing into Nicaragua see p.199.
One bizarre phenomenon local to this area is the migration of bull sharks
from the saltwater Caribbean up the Rio San Juan to the freshwater Lago
de Nicaragua. They are unique in the world in making the transition,
apparently without trauma, from being saltwater to freshwater sharks.
You'llnotice much evidence of logging in the area especially at the point
where the Sarapiqui flows into the Rio San Juan the lumber industry has
long had carte blanche in this area due to the non-enforcement of existing
anti-logging laws. The Nicaraguan side of the Rio San Juan, part of the
country's buge Indio Maiz Reserve, looks altogether wilder than its
southern neighbour, with thick primary rainforest creeping right to the
edge of the bank. Partiy because of logging, and the residual destruction
of its banks, the Rio San. Juan is silting up, and even shallow-bottomed
lanchas get stuck in this once consistently deep river. It'sa far cry from
the 1600s and 1700s, when pirate ships used to sail ali the way along the
Rio. San Juan to Lago de Nicaragua, from where they could wreak havoc
on the Spanish Crown'sports and shipping.
209 ANNEX35
Molina, Felipe. Report on the Border Questions Raised
Between the Republic of Costa Rica and the State of
Nicaragua.
Madrid: Imprenta de la Viuda de Calero, 1850. [Extracts]
English translation (-20-)
(..)
or at the mouth of the river, or at any other point along its course.
In such circumstances, it so occurred that the inhabitants of Costa
Rica, having discovered since 1821 the possibility of opening
communications to the port, by means of the Sarapiqui River, a tributary
of the San Juan, undertook to build, and indeed did build, a road toward
said course, and they began to direct their trade to that side, under the
same terms as permitted the Nicaraguans. Use of the port was common to
all. Therefore, while the federal union lasted, no border question was
stirred up, nor was there any urgency to promote one.
(-22-)
(...)
the army recovered the full right to natural liberty, and as of then could
become incorporated definitively to Costa Rica. This state also had the
full right to declare it an integral partits territory.
Nevertheless, Costa Rica waited, proceeding under these
circumstances with great circumspection and prudence. As everyone
knows, the people of Costa Rica are hard-working and peaceful.
Dedicated to farming and trade, they live from the exportation of their
fruits. The center of [the country's] power is found limited within a
comparative!y small space: situated in the high valleys of the mountains,
in the middle of her vast territory. From this it follows that war, even a
simple blockade, would cause the country imponderable prejudice, even if
the luck of arms were favorable to her. Thus her consideration to avoid
any rupture with her neighbors, not because war frightens her or because
she fears its outcome, but rather to prevent its consequences and
economize sacrifices. Costa Ricans think, with reason, that men must not
use life to sustain bloody struggles but rather to procure well-being
through work.
Among many good and brilliant qualities, the inhabitants of
Nicaragua unfortunately offer the opposite of this description. Generally
indolent, accustomed to living in perpetuai conflicts among themselves
and with bordering States, spread out over an extensive land area:
213shepherds rather than farmer asd~ using cattle as their means of
subsîstence; it is clear that for them, a long war would be
(-23-)
less disastrous than for other peoples found in a different situation.
The nature of the Costa Rican as ~ell as their position, explains
the behavior they have maintained until now in this affair: their reserve,
their long patience before openly proclaiming the titles that support them:
their willingness to make sacrifice their own rights; and the conciliatory
formulas that they have employed constantly to maintain good harmony
with Nicaraguans. But this laudable moderation may wrongly be
interpreted as a surrender. Certainly not; there has been no tacit
renunciation on her part to legitimate pretensions, nor a lacknfidence
in an ambiguous right. In addition, as long as the hope of renewing the
federal ties subsisted, Costa Rica could, with all sincerity and without
abandoning any of its rights, declare in Article 1 of her Constitution of
1843 "that the borders of the state on the side of Nicaragua would be
definitively fixed when the National Representation, having been
reinstalled, would hear CostaRica.'' In that era, Costa Rica could still,
without incurring any sign of duplicity and so as not to provoke the unruly
temper of the Nicaraguans, allege that she retains the possession of
Guanacaste as a result of it being a deposit confided to her by the National
Congress, of which she must not have parted without the consent of the
depositor.
After thefaUof the federal authorities, the government of the State
of Nicaragua, being that which had the port of San Juan most within her
reach, seized saîd customs office,
(-24-)
and arbitrarily imposed much increased duties over merchandise
transported through there to Costa Rica, regarding which, thisate, then,
did not lodge any complaint, both as an effect her habituai moderation,
and because she conserved the hope that the union would be reestablished;
and above all because, with her most important trade having taken a
direction toward thePacifie Ocean, little did she feel the gravity of such an
advance.
214 During the period of which we are here concerned, three
ambassadorships crossed from one country to the other with the purpose
of terminating their differences: that of Mr. Oreamuno, sent from Costa
Rica to Leon; that of Mr. Tijerino, sent from Nicaragua to San José;and
finally that of Messrs. Madrîz and Escalante, sent from Costa Rica to
Nicaragua.
We will address each of these ambassadorships separately. The
first took place precisely at the moment when the Federation expired
(1838) and when Nicaragua was carrying out the revision of ber particular
Constitution. Nicaragua then spoke of employing the Salto River as a
border on the side of Costa Rica. Mr. Oreamuno stepped in, requesting
that the perpetuai aggregation of Guanacaste be recognized and declaring
that his country was determined to defend the borders of the San Juan
River, of the great lake and of La Fior River. The government of
Nicaragua could not pretend not to know about said claim, and took the
stance of ieaving this affair in suspense. Her new Constitution warned
"that the limits of the country shall be designated by a
(..)
(-30-)
(..)
in making concessions to Costa Rica that were too advantageous. Under
the pressure of opinion, already forewarned, in this manner, they could not
work with freedom on an agreement that, without doubt, they desired.
They were forced to adhere literally to the instructions that bad been
imparted to them. Consequently, it was impossible to agree upon a fair
transaction.
Nevertheless, after many months of conferences, the
representatives of each of the countries, equally hoping to dispel the
probabilities of a rupture, resolved to sign on December 12, 1846, three
different treaties: forged more to give some respite to the disagreements
thau with any hope of their being ratified.
The first of these treaties established an offensive and defensive
alliance between the two States, a project that could never have pleased
the Costa Ricans because it would have committed them to taking part in
the frequent wars of Nicaragua with ber neighboring States.
215 The second was related to navigation of the San Juan. This
stipulated that the Costa Ricans were to pay, at the port of San Juan,
warehouse fees, a tax over the tonnage of ships, and a transit duty of two
silver reales (or fivereales made of a copper and silver allow) for every
"quintal" of fruits exported, along with four percent of the value of the
merchandise imported. The same treaty also contained various
dispositions related to the San Alfonso estate situated on the Sarapiqui,
with the intention of placing itunder common inspection
(...)
(-31-)
( ..)
Such treaties must naturally have been ratified within an instant in
Nicaragua, whereas in Costa Rica they were received with the indignation
they deserved. The Costa Ricans could not accept any arrangement by
means of which they themselves would be allowing their least ambiguous
rights to be put into doubt.
They could not commit themselves a priori, and before the arbitral
trial, to the abandonment of possessions which they have enjoyed at all
times, such as the exclusive ownership of the Sarapiquî and the border of
the San Juan. With respect to Guanacaste, which is for them a recent
acquisition, they would accept arbitration in good faith. They accepted it
even with respect to aU of the other questions, in any nature that it would
take, as long as no prejudicial renunciations were încluded in the act of
commitment.
lt must therefore be of no surprise that the legislature of Costa Rica
refused to sanction those treaties, or that the cabinet of San José,instead of
proceeding with useless negotiations, kept silent for such a long time.
However, the government of Costa Rica always
(-32-)
took pains to conserve the greatest harmony with that of Nicaragua. With
this aim, the cabinet of San Joséaddressed that of Leon in May of 1848,
stating: "that an attempt was being made to open a new road in the
direction of the Sarapiqui, and that it counted always on the friendly
216disposition of Nicaragua to celebrate a trade agreement, after Nicaragua
had recovered the port of San Juan, occupied at that time by the British."
To this announcement full of courtesy and deference, the cabinet
of Le6n responded with the threat of a rupture in the event that work on
the road was not suspended, until the borders could be definitively
arranged.
Transit by the San Juan had become a vital need for the Costa
Ricans, so the uncivil opposition intimated by Nicaragua was the same as
condenming [Costa Rica] to a certain decline in her trade and wealth.
No one, then, should be surprised that the Costa Ricans, in their
desperation, have conceived of the idea of requesting the mediation of
sorne foreign power. Nicaragua with less reason than any other, since that
state was the first to give such an example when, in 1839 to 1840, she
invoked British intervention in her conflicts with the federal power.
When, in spite of the identity of origin, of race, of religion, of
language and of institutions; when in spite of so many considerations that
should tightly unite the two peoples, the Nicaraguans have thought they
can take advantage of their superior
(..)
(-36-)
With respect to Guanacaste, it was proposed that a consultation
again be held regarding the will of those inhabitants, whose votes would
be explored and collected on site by a mixed commission composed of
representatives from both countries.
Such propositions were certainly more than fair, for they abounded
in generosity. Nevertheless, they were discarded. Costa Rica was given
this hard alternative: either renounce Guanacaste or renounce the
Sarapiqui and the San Juan. These conditions are equally inadmissible
because, on the one hand, in Guanacaste Costa Rica possesses a
significant population, extensive farms and a growing number of cattle;
whereas on the other hand, the mentioned rivers are the two main arteries
for the country's circulation to the Atlantic.
217 Not having been able to agree upon any treaty of this nature, Mr.
Molina proceeded to propose different plans for the signing of a
provisional arrangement, supported by a treaty of friendship and trade, the
spirit of which was meant to maintain the status quo until a definitive
solution could be reached by the means of reason. To this effect, it was
stipulated that the parties must deal with each other in a friendly manner,
or subject themselves to the decision of arbiters to be selected within no
more than ten years. It was also proposed that the question be submitted
immediately to the government of Guatemala, before which both parties
would be obliged to appear and defend their cases within a term of two
years. In the meantime, the products of each country would enjoy in the
other country a full exemption that, although reciprocal in appearance,
(..)
218 ANNEX36
Molina, Felipe. Study of the Republic of Costa Rica. New
York: S.W. Benedict Printers, 1851. [Extracts] (-30-)
§ 14. PRODUCTION
Ail products of inter-tropical regions are found in the country, and
of excellent quality. However, certain products such as cochineal, cotton
and vineyards cannot be cultivated for profit because of the excessive
rains that destroy harvests when maturity is near. Coffee, which is
currently the primary export item, has been qualified as excellent,
although it rarely reaches the marketplaces of Europe without having
suffered deterioration due to the delays and setbacks experienced by
shipments in the long and difficult trip that must be made around Cape
Hom.
(..)
(-31-)
(..)
§ 15. TRADE
This is carried out mainly with England, on English ships. Almost
ali products from the country end up in the
(-32-)
EXPORTATION
(..)
United Kingdom, in exchange for English manufactured goods, which to
date make up the greatest part of consumption. Nevertheless, there is a
French firm that receîves three or four expeditions each year, and the
French goods are highly esteemed. The growth of trade is paralyzed by the
need to follow the long and laborious path of Cape Hom, as the several
articles that it would be convenient to export cannot support the increased
charter fees or the heavy costs of such lengthy navigation. From 1848 to
1849, the entry of ships to the Port of Punta Arenas increased in number to
70, with a total of 7,188 tons of imports. If we add a similar amount in
exports and 1 ,200 tons for ail trade from Matina, we would have the sum
of 15,571 tons, representing mercantile movement as a whole. Instead of
221having decreased, it seems that trade has been greater during the year from
1849 to 1850, with new traffic having opened with Califomia, which is a
fifteen to twenty days sail from Punta Arenas.
From the announcements in the newspapers, we may conclude that
the number of ships that visited Punta Arenas from 1850 to 1851 will be
no lower than 150, and another 50 ships, although small in size, have been
in Matina. Therefore, the traffic entering and leaving will probably have
increased to twenty thousand tons.
(..)
(-36-)
(..)
ROUTES OF COMMUNICATION
(..)
In the Pacifie, the Republic of Costa Rica possesses many safe and
spacious ports, such as: Golfo Dulce, Puerto lngléslLas Mantas, Caldera,
Punta Arenas, La Culebra, Santa Elena and Las Salinas. Among them,
only Punta Arenas is currently frequented and has been outfitted for
foreign trade, with the Free Port privileges granted by the legislature for
the tenn of three years, from September 1847 to September 1850, which
has subsequently been extended. There, one need not pay any duties,
neither for importation, exportation or deposit, nor for the loading or
unloading of merchandise. In a word, mercantile operations are not subject
to any restriction or formality. The only exceptions are articles blocked by
the Govemment, such as: liquors or distilled alcohol, tobacco and
gunpowder, which by order must be deposited in public warehouses and
cannot be imported or exported without special license. Rifles and ether
arms or military supplies are subject to the same rules. Tonnage duties are
not charged to ships, which need not carry out any expenditures when
entering or leaving except for piloting fees when they wish to be anchored
within the estuary (six reales for each foot of hold) and three pesos for
permission to set sail.. ·
On the Atlantic side, there is not a single site along the entire coast
from San Juan, toward the southeast, to the
222 (-37-)
cove of Veragua, that merits being called a good port, except for the
magnificent bay ofBoca Toro. Neither Matina nor Salt Creek (Moin) offer
the necessary requisites, and this part of the seaboard is currently rarely
frequented. Only a small amount of trade in sarsaparilla, tortoiseshell,
coconut oil, etc. etc. is carried out from there. (See the descriptive
chapters on Punta Arenas, Golfo Dulce, Boca Toro, Matina and San Juan.)
The franchises granted to Punta Arenas have provided such
advantageous results that they are likely to be perpetuated.
(..)
(-53-)
(..)
SAN JUAN OR GREYTOWN
(..)
The settlement of this question of dominion between the three
parties that claim it remains pending and is the subject of diplomatie
negotiations.
Meanwhile, the port has been declared free, pursuant to the
Clayton-Bulwer Treaty. There is no doubt that San Juan îs destined to be a
market of the first order, as well as the main point of departure for trade
from Costa Rica by means of the Atlantic.
The port offers excellent anchorage and by day is very crowded
with American and other ships with passengers going to, or coming from,
Califomia.
British steamers of the Royal Mail travel directly from
Southampton to San Juan in 26 days, twice per month, and the American
Vanderbilt line dispatches other ships from New York, making the trip in
eight days.
223 These advantages are responsible for the increase in population
over the past three years, growth that is likely to increase more quîckly
with every day.
(...)
224 ANNEX37
Molina, Felipe. Memoir on the Boundary Questionnding
Between the Republic of Costa Rica and the State of
Nicaragua. Washington: Gideon & Co.: 1851. [Extracts] (..)
(-5-)
COLONIAL PERIOD. 1502-1821.
The territories now known under the names of Costa Rica and
Nicaragua, formerly inhabited by various small tribes of aborigines, were
discovered and settled by different Spanish adventurers. In the course
of time, the cabinet of Madrid thought proper to form one single
province, by uniting the two, under the authority of an officer called the
Intendant,(Intendente.)That functionary,like thoseof equal grade existing
in Honduras, San Salvador, and Chiapas, was subordinate to the captain
general of the so-calledkingdom of Guatemala,who resided in the city of
the same name. The amalgamation, nevertheless, of Costa Rica and
Nicaragua was never complete, and the former province always
maintaîned its own particular govemor, independent of the Intendant,
residing in Leon, in every thing relative to questions of war and the
administrationofjustice, and was only subject to his authority injinancial
affairs. The intervening district, formerly called Xicoya, and now
Guanacaste, from its chief towns being so named, was sometimes
placed under the immediatejurisdiction of the authorities at Leon, and at
other times under that of Cartago, the capital of Costa Rica. The
trafficof those countries by the Atlantic ocean was at that period very
insignificant, either through fear of the pirates or buccaneers, who
infested the coast, or owing to the system of monopoly and
sequestration observed by Spain. The San Juan, that magnificent
river, was very little frequented. Military garrisons had only existed at
San Carlos, where the river issues from the lake, and where a fort was
constructed, as well as in the place now called Castillo Viejo, on
account of a ruined fortress near that spot. lt was not until the close of the
last century, (1796,) that a detachment of troops was placed at the
mouth of the San Juan. Such a garrison was naturally placed under the
immediate control of the highest authority of the province, who ruled
jointly over Costa Rica and Nicaragua, and who resided at Leon. All
the aforesaid posts were often garrisoned with Costa Rican soldiers.
No road existed then leading from the table lands of Costa Rica to the
mouth of the river, while the intercourse between the towns of Nicaragua
and the said port offered no difficulties, it being but necessary to
traverse the lake and descend the river in boats. At certain periods of
comparative prosperity for Costa Rica, the port of Matina, on the
Atlantic, had satisfied the necessities of commerce; but frequent
descents of pirates had caused that port to be neglected.
227 lt was about that time that the Spanish Govemment issued a royal
decree, dated Aranjuez, the 26th ofF ebruary, 1796, to the following effect:
uHis Majesty, being desirous that the province of Nicaragua and the other
provinces of the kingdom of Guatemala, which are situated more than
(-6-)
three hundred leagues distance from the capital, and from the ports of
Omoa and Santo Tomas de Castilla, may be enabled to carry on a direct
trade with the mother country, without being subject to the
inconveniences of a long distance, has been pleased to declare that the
harbor of San Juan de Nicaragua, on the river of the same name, shall be
a port of the second class; and it is further provided, that, for the
present, such a privilege shall be considered as extending to the city of
Granada, on the Lake of Nicaragua, up to which lake said river is
navigable; and consequently ali the immunities and exemptions, to
which San Juan is entitled, shall for the present be also enjoyed by the
city ofGranada." (a)
The perusal of this decree is sufficient to establish, beyond all
question, the right of Costa Rica to the port of San Juan. The object of
the privilege granted to San Juan was to benefit the province of
Nicaragua, and other provinces, distant upwards of three hundred
leagues from the capital. In whatever light we may consider this
point, it will appear that Costa Rica was entitled to the privilege, both
as a member of the Intendancy of Nicaragua, and by its ranking among
the provinces distant more than three hundred leagues from the capital.
Any one casting a glanee over the map, will acknowledge at once that
no country could more largely profit by the opening of the new port
than Costa Rica. The extension of the grant to the city of Granada was
but a common effect of the Spanish system of erecting interior custom
houses, or " dry ports. 11However, there is hardly any ground for the
inference that it was intended by the royal decree to forbid the other
provinces, alluded to in the same decree, from carrying on a commercial
intercourse with Spain py any other route than that ofGranada.
(..)
228 ANNEX38
Rodriguez Bolafios, Jose Alberto Borge Carvajal, Victor
Guillermo. The Railroad to the Atlantic in Costa Rica. San
José:University of Costa Rica: 1979. [Extracts] (-6-)
(..)
The famous railroad builder Henry Meiggs was then working on
the railroads of Peru, so his nephews Henry M. Keith and Minor C. Keith
took charge of the work.
In order to finance the project, loans were taken with European
firms for amounts and under conditions that became extremely onerous
for the country.
The construction of the railroad began in 1871, in Alajuela and
Limon simultaneously. The plan was to finish the railroad in 1874. By this
date, however, it had advanced only from Alajuela to Cartago and from
Limon to Matina (less than one third of the route). (See Map 2)
Without funds and embroiled in serious financial problems wîth its
European creditors, the government took charge of the effort in this year.
Work progressed very slowly, and only in 1882 was a mixed route to the
Atlantic put into use: a road from San Joséto a point called Carrillo, and a
railway from Carrillo to Limon.
(-251-)
(..)
analyzed in chapters IV and V, did not allow the opening of the Atlantic
route, which would eut the distances between Costa Rica and the main
European and American trade centers. Thus, it is not surprising that,
during the first and second phases of the opening of the railway to the
Atlantic, foreign trade from Costa Rica would be limited to Puntarenas,
and that the groups of import and export merchants (noting the three
social strata mentioned above) benefited more from the route to the
Pacifie than that to the Atlantic. Even when use of the route from the
central region to Carrillo by highway and from Carrillo to Limon by train
began, in the early 1880s, the port ofPuntarenas lost its monopoly, but not
necessarily its hegemony as a port of access to the exterior, mainly toward
England and North America. With the formation of the three social sectors
of importance in agro-industry and trade, and the fonnation at its core of a
foreign group associated to national groups in the development of trade,
by mid century a large group of importing merchants, consignees and
231representatives of foreign companies had formed and grew stronger over
the years. The list reproduced below, which Vega Carballo qualifies as
"necessarily incomplete," wîll serve as a reference point of the groups that
intervened and benefited from the development of the railroad, both at the
start and during project development.
232 ANNEX39
UNESCO Man and the Biosphere Programme Certificate
for the SanJuan River Biosphere Reserve of Nicaragua
15 September 2003 [UNESCO LOGO]
Programme on Man and the Biosphere
By decision of the International Co-ordinating Council of the Programme
on Man and the Biosphere (MAB), itis hereby certified that
The San Juan River- Nicaragua Biosphere Reserve
fonns an integral part of the World Network ofBiosphere Reserves
The principal types of ecosystems and landcapes of our planet are
represented in this Netowkr, which is consecrated to the conservation of
biologîcal diversity, scientific research and pennanent observation, as well
as to the definition of sustainable development models at the service of
mankind.
Participating in the World Network facilitates cooperation and exchanges
at the regional and intemationallevels
Date of Registration UNESCO Director
General
15.1X.2003 /s/ Illegible
235 ANNEX40
Ministry of the Environment and Natural Resources. San
Juan River Wildlife Refuge Management Plan. Managua:
ARAUCARIA-MARENA-AECI, 2005. [Extracts]. (-37-)
3.3 VALUATION OF BIOLOGICAL DIVERSITY
Natural resources in the San Juan River Wildlife Refuge are still
maintained in an excellent state of conservation, although several natural
spaces are undergoing a process of regeneration from past human
interventions. Nonetheless, the conservation of its great natural wealth
will depend on the treatment to which it is submitted in the future. Its
main value lies precisely in the conditionof its wildlife, which is valued in
two categories: diversity of existing natural resources and diversity of
ecosystems and species.
a) Species Diversity
Species diversity is very broad in this Refuge. Preliminary evaluation
visits have registered 303 Bird species (24 migratory), 26 mammal, 15
reptile, 3 amphibian and 61 insect species. In addition, 7 marine
crustacean species, 2 freshwater crustacean species, 13 marine fish
species and 10 freshwater fish species are known. However, the San Juan
River Wildlife Refuge has already reported important discoveries,
despite the few materials that have been collected in such a short period
of time, which lead us to think of the immense biodiversity wealth that
remains to be discovered once systematic inventories are made and
scientific activities intensify.
(..)
(-38-)
Aesthetic value
Another group of species of great value in this Refuge, particularly for
tourism, are aquatic birds of attractive contrasting colors, which can be
easily seen from traveling boats. There is a predominance of 10 heron
species, 2 stork species, 9 dotterel species and 3 fishing marlin species.
Darters (Anhinga anhinga) and cormorants (Phalacroc6rax olivaceus) are
also very visible. None of these two species are actually ducks, but they
both dive very well to feed on fish and invertebrates. It is also possible to
see fishing marlins (Cer:viespp.), Montezuma oropendolas (Psarocolius
239montezuma), scarlet macaws and great green macaws (Ara macao and Ara
ambigua), among other species.
Species in extinction
The mere presence of extinct species in other parts of the world justifies
the protection of many wildlife refuges in the world. There is an
international convention, ratified by Nicaragua in 1977 (Official Journal
La Gaceta No. 183), whereby we commit to pay attention to the species
identified in the CITES Annexes (Convention on International Trade in
Endangered Species of Flora and Fauna) in order to control international
trade thereof. In this Wildlife Refuge, there are 46 of these species in
relative abundance, which places additional value on the intelligent
management of the natural resources in this part of the country. A list of
these species is found at the end of this document (Annex 2).
(..)
(-59-)
The San Juan River Wildlife Refuge is a natural terrestrial and aquatic
habit of fauna species and ecological communities. It is also a stopover for
a large number of migratory birds of national and international
importance. Within these fauna species, there are rare species, such as the
jaguar (Panthera onca), manatee (Trichechus manatus), crocodile
(Crocodylus acutus), great green macaw (Ara ambigua), tapir (Tapirus
bairdii), harpy eagle (Harpie harpija), and severa! endangered species,
such as the peccary (Tayassu pecari, Pecari tajacu), deer (Odocoileus
virgineanus), caïman (Caïman crocodiles), iguana (Jguana iguana), green
and black poison-dart frog (Dendrobates auratus) and bull shark
(Carcharinus leucas). It is worthy to note that it is highly probable that
endemie flora and fauna species are found in the area, as well as
microorganisms. However, they are not used as an argument because in
depth studies have not been developed with respect to the region's rich
biological diversity.
In addition to the foregoing, which fits perfectly with the definition of
Wildlife Refuge, the area meets all the criteria described in the regulations
on the designation of this category, namely: protection of nature and
survival of aquatic fauna species, such as the manatee (Trichechus
manatus), tropical gar (Atractosteus tropicus), bull shark (Carcharinus
leucas) and tarpon (Tarpon atlanticus), as weil as terrestrial fauna, such as
240tigers(Felis spp.)Central American agoutis (Dasyprocta punctata), pacas
(Agouti paca), among others, which are classified as rare, protected or in
danger of extinction in the IUCN Red List. Further, it is a breeding ground
for lobster (Panulirus argus), shrimp (Penaeus spp.), green sea turtle
(Chelonia mydas), hawksbill turtle(Eretmochelys imbricata), great green
parrot (Ara ambigua). There are feeding areas for species of great
importance in the local, national and international economy, such as the
manatee (Trichechus Manatus), peccary (Tayassu pecari and Pecari
tajacu),lobster (Panulirus argus),shrimp (Pendeus spp.) and tropical gar
(Atractosteus tropicus), among others, and critical habitats, such as
mangroves, peat swamps, flooded forests, palm bogs, lagoons, estuaries,
flooded plains, gallery forests and primary forests, among others.
(-119-)
ANNEX 1. PRELIMINARY LIST OF WILD SPECIES OF FAUNA
IN THE SAN JUAN RIVER WILDLIFE REFUGE
241NYMPHALIDAE Heliconius cydno Javier Baltodano
NYMPHALIDAE Heliconius erato Javier Baltodano
NYMPHALIDAE Heliconius melponeme Javier Baltodano
NYMPHALIDAE Heliconius sara Javier Baltodano
NYMPHALIDAE Philaetria dido Javier Baltodano
NYMPHALIDAE Aeria eurimedia Javier Baltodano
NYMPHALIDAE Mechanitis lysimnia Javier Baltodano
NYMPHALIDAE Mechanitis polymnia Javier Baltodano
NYMPHALIDAE Cali?.oillioneus Giuliano Trezzi
NYMPHALIDAE Antirrhea miltiades Javier Baltodano
NYMPHALIDAE Morpho cypris Javier Baltodano
NYMPHALIDAE Morpho peleides Javier Baltodano
NYMPHALIDAE Anartiajatrophae Giuliano Trezzî
NYMPHALIDAE Anartiafatima Javier Baltodano
NYMPHALIDAE Adelpha cytherea Javier Baltodano
NYMPHALIDAE Callicore lyca Javier Baltodano
NYMPHALIDAE Historis acheronta Javier Baltodano
NYMPHALIDAE Historis odius Javier Baltodano
NYMPHALIDAE Tigridia acesta Javier Baltodano
NYMPHALIDAE Cissia confusa Javier Baltodano
NYMPHALIDAE Dulcedo polita Javier Baltodano
NYMPHALIDAE Pierella helvetia Javier Baltodano
PAPILIONIDAE Parides eurimedes Javier Baltodano
PAPILIONIDAE Parides erithalion Javier Baltodano
PASSALIDAE Passa/us punctiJ?er Giuliano Trezzi
PIERIDAE Anteos clorinde Javier Baltodano
PIERIDAE Eurema nise Giuliano Trezzi
PIERIDAE Dismorphia Zathoe Giuliano Trezzi
PIERIDAE Aphrissa atatira Giuliano Trezzi
PIERIDAE Phoebis argante Javier Baltodano
RIODINIDAE Eurybia tamia JavierBaltod~mo
SATURNIIDAE Eacle imperialis Giuliano Trezzi
SCARABAEIDAE Strate_gusaloeus Giuliano Trezzi
SCARABAEIDAE Dyscinetus sp. Giuliano Trezzi
SCARABAEIDAE Euetheola sp. Giuliano Trezzi
SCARABAEIDAE Anomala valida Giuliano Trezzi
SCARABAEIDAE Aphodius sp. Giuliano Trezzi
TENEBRIONIDAE Zophobas sp. Giuliano Trezzi
TENEBRIONIDAE Phrenapates bennetti Giuliano Trezzi
242 (-120-)
Jean-Michel
Jean-Michel Maes
Maes
Jean-Michel Maes
ssp.
NYMPHALIDAE Jean-Michel Maes
NYMPHALIDAE Jean-Michel Maes
NYMPHALIDAE Jean-Michel Maes
243NYMPHALIDAE Danaus eresimus ssp. Jean-Michel Maes
montezuma
NYMPHALIDAE Dryadula phaetusa Jean-Michel Maes
NYMPHALIDAE Dryas iulia ssp.moderata Jean-Michel Maes
NYMPHALIDAE Ectima erycinoides ssp. Jean-Michel Maes
erycinoides
NYMPHALIDAE Eresia clara Jean-Michel Maes
Jean-Michel Maes
NYMPHALIDAE Eryphanis polyxena ssp.
lycomedon
NYMPHALIDAE Eueides isabella ssp. eva Jean-Michel Maes
NYMPHALIDAE Fountainea eurypyle ssp. Jean-Michel Maes
confusa
NYMPHALIDAE Hamadryas februa ssp. Jean-Michel Maes
ferentina
NYMPHALIDAE Hamadryas feronia ssp. Jean-Michel Maes
farinulenta
NYMPHALIDAE Hamadryas laodamia ssp. Jean-Michel Maes
saurites
NYMPHALIDAE Heliconius charthonius ssp. Jean-Michel Maes
charithonius
NYMPHALIDAE Heliconius cydno ssp. Jean-Michel Maes
galanthus
NYMPHALIDAE Heliconius erato ssp. Jean-Michel Maes
petiveranus
NYMPHALIDAE Heliconius hecale ssp. zuleikaan-Michel Maes
NYMPHALIDAE Heliconius ismenius Jean-Michel Maes
NYMPHALIDAE Heliconius melpomene ssp. Jean-Michel Maes
rosina
NYMPHALIDAE Heliconius sapho ssp. leuce Jean-Michel Maes
NYMPHALIDAE Heliconius sara sful~idus Jean-Michel Maes
NYMPHALIDAE Hermeuptychia hermes Jean-Michel Maes
NYMPHALIDAE Historis acheronta ssp. Jean-Michel Maes
acheronta
NYMPHALIDAE Historis odius ssp. dious Jean-Michel Maes
NYMPHALIDAE Hypothyris euclea ssp. valorJean-Michel Maes
NYMPHALIDAE Magneuptychia libye Jean-Michel Maes
NYMPHALIDAE iManataria maculata Jean-Michel Maes
NYMPHALIDAE Marpesia merops Jean-Michel Maes
NYMPHALIDAE Mechanitis isthmia ssp. Jean-Michel Maes
isthmia
NYMPHALIDAE Mechanitis lysimnia ssp. Jean-Michel Maes
244 doryssus
NYMPHALIDAE Memphis morvus ssp. Jean-Michel Maes
boisduvali
NYMPHALIDAE Memphisproserpina Jean-Michel Maes
NYMPHALIDAE Memphis xenocles Jean-Michel Maes
NYMPHALIDAE Morpho granadensis ssp. Jean-Michel Maes
polybatus
NYMPHALIDAE Morpho peleides ssp. limpida Jean-Michel Maes
(-121-)
Jean-Michel Maes
Jean-Michel Maes
childrenae Jean-Michel Maes
245 childrenae
PAPILIONEDAE Parpides eurimedes ssp. Jean-Michel Maes
mylotes
·PAPILIONEDAE Parides panàres ssp. lycimenesJean-Michel Maes
PAPILIONEDAE Battus polydamas ssp. Jean-Michel Maes
polydamas
PIERIDAE ·Aphrissa boisduvalii Jean-Michel Maes
PIERlDAE Eurema GRavessp.mana Jean-Michel Maes
PIERlDAE Eurema albula ssp. albula Jean-Michel Maes
PIERIDAE Eurema daira ssp. daira Jean-Michel Maes
PIERIDAE Eurema dina ssp.westwoodi Jean-Michel Maes
PIERIDAE Eurema nise ssp. nelphe Jean-Michel Maes
PIERIDAE· Phoebis philea ssp. philea Jean-Michel Maes
SPHINGIDAE Aleuron neglectum ssp. Jean-Michel Maes
(Noctumal) nefâectum
SPHINGIDAE Callionima inuus Jean-Michel Maes
SPHINGIDAE Callionima nomius Jean-Michel Maes
SPHINGIDAE Cocytius beelzebuth Jean-Michel Maes
SPHINGIDAE Enyo ocypete Jean-Michel Maes
SPHINGIDAE Erinnyis crameri Jean-Michel Maes
SPHINGIDAE Erinnyis ella ssp. ello Jean-Michel Maes
SPHINGIDAE Eumorpha capronnieri Jean-Michel Maes
SPHINGIDAE Eumorphafasciata ssp. Jean-Michel Maes
fasciata
SPHINGIDAE Eumorpha phorbas Jean-Michel Maes
SPHINGIDAE Eumorpha trianf(ulum Jean-Michel Maes
SPHINGIDAE Hemeroplanes triptolemus Jean-Michel Maes
SPHINGIDAE lsognathus rimosus ssp. Jean-Michel Maes
excelsior
SPHINGIDAE Madoryx pluto ssp. pluto Jean-Michel Maes.
SPHINGIDAE Manduca.florestan Jean-Michel Maes
SPHINGIDAE Pachylia derceta Jean-Michel Maes
SPHINGIDAE Pachyliaficus Jean-Michel Maes
SPHINGIDAE Pachylia syces ssp. syces Jean-Michel Maes
SPHINGIDAE Protambulyx strigilis ssp. Jean-Michel Maes
strigilis
SPHINGIDAE Protambulyx xanthus Jean-Michel Maes
SPHINGIDAE Sphinx merops ssp. merops Jean-Michel Maes
SPHINGIDAE Xylophanes anubus ssp. Jean-Michel Maes
anubus
SPHINGIDAE Xylophanes belti Jean-Michel Maes
246SPHINGIDAE Xylophanes ceratomioides Jean-Michel Maes
SPHINGIDAE Xylophanes loelia Jean-Michel Maes
SATURNIIDAE Adeloneivaia boisduvalii Jean-Michel Maes
(Noctumal)
SATURNIIDAE Arsenura batesii ssp. arcaei Jean-Michel Maes
SATURNIIDAE Arsenura drucei Jean-Michel Maes
SATURNIIDAE Automeris tridens Jean-Michel Maes
SATURNIIDAE Citheronioides collaris Jean-Michel Maes
SATURNIIDAE D_ysdaemoniaboreas Jean-Michel Maes
SATURNIIDAE Eacles imperialis ssp. DecoriJean-Michel Maes
(-122-)
SATURNIIDAE Jean-Michel Maes
SATURNIIDAE Jean-Michel Maes
SCARABAEIDAE - Aphodius sallei Jean-Michel Maes
APHODIINAE
SCARABAEIDAE - Aphodius nigrita Jean-Michel Maes
APHODIINAE
SCARABAEIDAE - Dyscinetus laevipunctatus Jean-Michel Maes
DYNASTINAE
SCARABAEIDAE - Ligyrus gyas Jean-Michel Maes
DYNASTINAE
247SCARABAEIDAE - Strataegus aloeus Jean-Michel Maes
DYNASTINAE
SCARABAEIDAE - Strataegus hipposiderus Jean-Michel Maes
DYNASTINAE
SCARABAEIDAE - Homophileurus Jean-Michel Maes
DYNASTINAE quadrituberculatus
SCARABAEIDAE - Phileurus didymus Jean-Michel Maes
DYNASTINAE
SCARABAEIDAE - Anomala megalia Jean-Michel Maes
RUTELINAE
SCARABAEIDAE- Eurysternus claudicans Jean-Michel Maes
SCARABAEINAE
GELASTOCORIDAE Gelastocoris variegatus Jean-Michel Maes
LYGAEIDAE Neortholomus jamaicensis Jean-Michel Maes
LYGAEIDAE Neortholomus albocincta Jean-Michel Maes
CERCOPIDAE Aeneolamia albqfasciata Jean-Michel Maes
CERCOPIDAE Aeneolamia postica Jean-Michel Maes
CERCOPIDAE · Mahanarva costaricensis Jean-Michel Maes
CERCOPIDAE Prosapia simulans Jean-Michel Maes
CERCOPIDAE Zulia vilior Jean-Michel Maes
CICADELLIDAE Agallia modesta Jean-Michel Maes
CICADELLIDAE ARrosoma pulchella Jean-Michel Maes
CICADELLIDAE Balclutha incisa Jean-Michel Maes
CICADELLIDAE Empoasca sp. Jean-Michel Maes
CICADELLIDAE Graminella cognita Jean-Michel Maes
CICADELLIDAE Graminella striatella Jean-Michel Maes
CICADELLIDAE Gyponana sp. Jean-Michel Maes
CICADELLIDAE
Hortensia similis Jean-Michel Maes
CICADELLIDAE Ladoffa sannionis Jean-Michel Maes
CICADELLIDAE Macunolla ventralis Jean-Michel Maes
CICADELLIDAE Portanus tesselatus Jean-Michel Maes
CICADELLIDAE Phera obtusifrons Jean-Michel Maes
CICADELLIDAE Plesiommata corniculata Jean-Michel Maes
CICADELLIDAE Pseudophera contraria Jean-Michel Maes
CICADELLIDAE Tropicanus fleetus Jean-Michel Maes
CICADELLIDAE Typhlocybella minima Jean-Michel Maes
CICADELLIDAE Xestocephalus Jean-Michel Maes
albopunctatus
CICADELLIDAE Xestocephalus sp. Jean-Michel Maes
DELPHACIDAE (Unidentified) Jean-Michel Maes
DICTYOPHARIDAE
Taosa herbida Jean-Michel Maes
248MARGARODIDAE lcerya purchasi Jean-Michel Maes
MEMBRACIDAE Micrutalis sp. Jean-Michel Maes
MEMBRACIDAE
Spissistilusfestinus Jean-Michel Maes
MEMBRACIDAE Trichaetipyf{a sp. Jean-Michel Maes
PHLAEOTHRIPIDAE Actinothrips sp. Jean-Michel Maes
PHLAEOTHRIPIDAE Holopnothrips sp.
Jean-Michel Maes
PHLAEOTHRIPIDAE Phrastèrothrips conducans Jean-Michel Maes
PHLAEOTHRIPIDAE Selenothrips rubrocinctus Jean-Michel Maes
COENAGRIONIDAE Argiapulla Jean-Michel Maes
BLATTELLIDAE Riatiaflabellata Jean-Michel Maes
ANISOLABIDAE Carcinophora americana Jean-Michel Maes
TERMITIDAE Nasutitermes cornis;er Jean-Michel Maes
(-123-)
249LYCAENIDAE Panthiades ochus Jean-~ichel11aes
LYCAENIDAE Parrhasius polibetes ssp.-~ichel~aes
polibetes
LYCAENIDAE Thecla iopas Jean-~ichel11aes
HYDROPSYCHIDAE Smicrida varia Jean-~ichel~aes
EMYDIDAE
IGUANIDAE
VIPERIDAE
(-124-)
DENDROBA TIDAE
HYLIDAE
250 Eleutherodactylus Fabio Buitrago
LEPTODACTYLIDAE noblei
Leptodactylus Fabio Buitrago
pentadactylus
RANIDAE Rana vaillanti Fabio Buitrago
BRADYPODIDAE
CEBIDAE
CERVIDAE
DASYPROCTIDAE
PHYLLOSTOMIDAE
DIDELPHIDAE
ECHIMYIDAE
FELIDAE
MUSTELIDAE
251 SCIURIDAE Sciurus Ruiz, ZUfiiga,Lezama
varie~atoides
TAPIRIDAE Tapirus bairdii Ruiz, Zufiiga, Lezama
Tayassu pecari Ruiz, Zufiiga, Lezama
TA YASSUIDAE Tayassu tqjacu Ruiz, Zufiiga, Lezama
TRICHECHIDAE Trichechus manatus Ruiz, Zufiiga, Lezama
(-125-)
CARCHARHINI
DAE
PRISTIDAE Pejesierras Smalltooth Jaime Villa
sawfish
PRISTIDAE Pejesierras Sawfish Peje Jaime Villa
sierras
LEPISOSTEIDA Gaspar Tropical gar Atractaste Jaime Villa
E us
icus
MEGALOPIDA Sabalo Real Atlantic Tarpon Jaime Villa
E atlanticus
ANGUIBLIDAE Anguila American Anguilla Jaime Villa
eel rostrata
OPLUCTHIDAE Anguila Speckled Myrosphis Jaime Villa
gusano del wormeel puntatus
Atlantco
CLUPEIDAE Sabalete de Nicaragua Dorosoma Jaime Villa
châves shad chavesi
HARENGULA Arengue de Pensacola Harengula Jaime Villa
pensacola herring pensacola
e
ENGRALIDAE Anchoa Anchovy Anehoa Jaime Villa
ENGRALIDAE Anchoa Big-eye Anchoa Jaime Villa
anchovy lamprotae
nia
ENGRAULIDA Anchoa (No Anehoa Jaime Villa
E common
252 name)
ENGRAULIDA Anchoita Elongate Anchouiell Jaime Villa
E larga anchovy a elonRata
CHARACINIDA Sabalete Blind cave Astyanax Jaime Villa
E fish fasciatus
CHARACINIDA Sabalete de Longjaw Bramocha Jaime Villa
E Bransford tetra rax
bransfordi
i
ELOPIDAE Sabalo del Ladyfish, Elops Jaime Villa
Atlantico tenpounder saurus
PIMELODIDAE ChuHn Guatemalan Rhamdia Jaime Villa
Guatemaltec chulin guatemale
0 nsis
CHARACINIDA Machaca Machaca Brycon Jaime Villa
E guatemale
nsis
CHARACINIDA Sabalete Creek tetra Bryconam Jaime Villa
E ericanus
scleropari
us
CHARACINIDA Sabalito Carlana Carlana Jaime Villa
E tetra eigenman
ni
CHARACINIDA Sabalete de Tortuguero Hyphessa Jaime Villa
E tortuguero tetra bryeon
tortuguera
e
CHARACINIDA Sabalete de Guatemalan Roeboides Jaime Villa
E headstander
Guatemala guatemale
nsis
GYMNOTIDAE Gimnoto Knifefish Gymnotus Jaime Villa
cilindrico cylindricu
s
ARJIDAE Guicho Arius Arius Jaime Villa
Catfish, assimilis
Shark
Catfish
ARIIDAE Bagre Coco sea Bagre Jaime Villa
filamentoso catfish filamentos
us
POECILIIDAE Olaminade Alfaro A(faro Jaime Villa
253 Alfaro cultratus
POECILIIDAE Pepesca Pike Belonesox Jaime Villa
Gaspar livebearer belizanus
POECILIIDAE Olominade Olomina Brachyrha Jaime Villa
Holdridgei pis
hondriRei
POECILIIDAE Pepesca de Nicaraguan Gambusia Jaime Villa
Nicaragua mosquito fis nicarague
h nsis
ATHERINIDAE Sardinade Silverside Melaniris Jaime Villa
Miller milleri
POECILIIDAE Dwarf Phallichth Jaime Villa
merry ys tico
widow
POECILIIDAE Olaminade Gills molly; Poeciliia Jaime Villa
Gill Costa Rica gillii
molly
POECILIIDAE Pepesca Molly Poecilia Jaime Villa
comun sphenops
POECILIIDAE Pepescade (No Priapichth Jaime Villa
Panama common ys
name) panamensi
s
ATHERINIDAE Sardina de Silverside Melaniris Jaime Villa
Hubbs hubbsi
CYPRINADON lsthmian Rivulus Jaime Villa
TIDAE rivuline isthmensis
SYNGNATHID Pejeldpiz Freshwater Pseudoph Jaime Villa
AE pipefish al!us
mindii
SYNGNATHID Opossum Oostethus Jaime Villa
AE pipefish lineatus
SYNBRANCHI Fa/sa Blind Ophistern Jaime Villa
DAE anguila swamp eel on
SYNBRANCHI Fa/sa Marbled Synbranch Jaime Villa
DAE anguila swamp eel us
marmora!
us
CENTROPOMI R6balo Swordspine Cetropom Jaime Villa
DAE snook us
ensiferus
CENTROPOMI R6balo Fat snook Centropo Jaime Villa
254DAE mus
JZarallelus
CENTROPOMI Calva Tarpon Centropo Jaime Villa
DAE snook mus
JZectinatus
CENTROPOMI R6balo Common Centrapo Jaime Villa
DAE snook mus
undecimal
es
CARANGIDAE Cabal/a Crevalle Caranx Jaime Villa
jack hippos
CARANGIDAE Pampano Skipjack or Oligoplite Jaime Villa
leather jack s saurus
LUTJANIDAE Caji Schoolmast Lutjanus Jaime Villa
er snapper apodus
LUTJANIDAE Cabera Cubera Lutjanus Jaime Villa
snapper cyanopter
us
LUTJANIDAE Pargo Mangrove Lutjanus Jaime Villa
man14lero snapper t;riseus
LUTJANIDAE Perro Dog snapper Lutjanus Jaime Villa
iocus
GERREIDAE Mojarra Evermann's Diapterus Jaime Villa
p[ayera lantem fish evermanni
GERREIDAE Mojarra Striped Diapterus Jaime Villa
playera mojarra plumieri
GERREIDAE Mojarra Irish Diapterus Jaime Villa
playera pompano olisthesto
mus
GERREIDAE Mojarra Rhomboid Diapterus Jaime Villa
playera mojarra rhombeus
GERREIDAE Mojarra Silver Eucinosto Jaime Villa
playera mojarra mus
ar14enteus
GERREIDAE Mojarra Slender Eucinosto Jaime Villa
playera mojarra musjonesi
GERREIDAE Mojarra Flag fin Eucinosto Jaime Villa
playera mojarra mus
melanopte
rus
GERREIDAE Mojarra Yellow fin Gerres Jaime Villa
playera mojarra cinereus
255GERREIDAE Roncador Atlantic Pomadasy Jaime Villa
grunt s boucardi
GERREIDAE Roncador Burro grunt, Pomadasy Jaime Villa
Crocro s crocro
roughneck
CICHLIDAE Mojarrade Alfaro Cichlasom Jaime Villa
A/faro mojarra a a{faro
CICHLIDAE Mojarra Striped Cichlidae Jaime Villa
rayada mojarra
Jaime Villa
CICHLIDAE Mojarra Midas Cichlasom
comun cichlid, a
mojarra citrinellu
m
CICHLIDAE Guapote · Dow's Cichlasom Jaime Villa
lagunero cichlid, adowi
lagunero
(-126-)
CICHLIDAE Gûapotito Yellow jacket Cichlasom Jaime Villa
cichlid a
friedrichst
ha/ii
CICHLIDAE Mojarra Red devil Cichlasom Jaime Villa
icuda a labiatum
CICHLIDAE Carate Rose breasted Cichlasom Jaime Villa
pecho rojo cichlid a
longimanu
s
CICHLIDAE Palomet a Black belt Cichlasom Jaime Villa
cichlid a
maculicau
da
CICHLIDAE Guapote Jaguar cichlid Cichlasom Jaime Villa
Barcino a
managuens
e
CICHLIDAE
256 amaril/a cichlid a
nicaragüen
se
CICHLIDAE Carate Convict Cichlasom Jaime Villa
cichlid a
nigrofascia
tum
CICHLIDAE Carafe (No common Cichlasom Jaime Villa
name) a
rostratum
CICHLIDAE Mogaverde Meek flsh Cichlasom Jaime Villa
a tuba
CICHLIDAE Mojarrita Rainbow Herotilapia Jaime Villa
cichlid multispino
sa
CICHLIDAE Picaculo Poor man's Neetroplus Jaime Villa
fish nematopus
MUGILIDAE Lisa Flathead Mugil Jaime Villa
mullet cephalus
MUGILIDAE Lisa White mullet Mugil Jaime Villa
curema
MUGILIDAE Lisa Mullet Mugillisa Jaime Villa
MUGILIDAE Lisa Fantail mullet Mugil Jaime Villa
trichodon
MUGILIDAE Bobo del Barbu Polydactyl Jaime Villa
atléintico us
virg_inius
ELEOTRIDA Pejechanch Fat sleeper Dormîtator Jaime Villa
E 0 maculatus
ELEOTRIDA Guabina Large-scaled Eleotris Jaime Villa
E Lucia spinycheek amblyopsis
sleeper
ELEOTRIDA Spiny cheek Eleotris Jaime Villa
E sleeper pisonis
ELEOTRIDA Dormiloncit Emerald Erotelis Jaime Villa
E a sleeper smaragdus
ELEOTRIDA Guabina del Bigmouth Gobiomoru Jaime Villa
E atlantico sleeper s dormitor
ELEOTRIDA Guabina Guabina Guabina Jaime Villa
E guabina
GOBIIDAE Temepechin River goby, Awaous Jaime Villa
del atlantico sandfish taiasica
257GOBIIDAE Guabinita Island frillfinBathygobiu Jaime Villa
s
mystacium
GOBIIDAE Mapo Frillfin goby Bathygobiu Jaime Villa
s soporator
GOBIIDAE Gobi Lyre goby Evorthodus Jaime Villa
lyricus
GOBIIDAE Gobi Violet goby Gobioides Jaime Villa
broussonne
ti
GOBIIDAE Darter goby Gobionellu Jaime Villa
s
boleosoma
GOBIIDAE Sandfish Gobîojellu Jaime Villa
s claytonii
BOTHIDAE Sandifish Bay whiff Citharichth Jaime Villa
ys
SJJilopterus
BOTHIDAE Sandifish Voodoo Citharichth Jaime Villa
whiff ys uhleri
SOLEIDAE Peje tortilla.Lined sole Achirus Jaime Villa
rayado lineatus
SOLEIDAE Peje tortilla Hogchoker Trinectes Jaime Villa
sole maculatus
TETRAODO Pejesapo Smooth Lagocepha Jaime Villa
NTIDAE puffer lus
laeuigatus
TETRAODO Injlador Bandtail Sphoeroide Jaime Villa
NTIDAE punteado puffer s spenj?leri
TETRAODO Mutrus Checkered Sphoeroide Jaime Villa
NTIDAE puffer s
testudineus
(-127-)
ACCIPITRIDAE Elanus caeruleus
ACCIPITRIDAE Buteogallus Zùfiiga, Lezama, Ruiz
uru
258ACCIPITRIDAE Busarellus Zûfiiga, Lezama, Ruiz
niRricollis
ACCIPITRIDAE Parabuteo Zûfiiga, Lezama, Ruiz
unicinctus
ACCIPITRIDAE Spizastur Zûfiiga, Lezama, Ruiz
melanoleucus
ACCIPITRIDAE Hapia harpyja Zûfiiga, Lezama, Ruiz
ACCIPITRIDAE Morphus ~uianensis Zûfiiga, Lezama, Ruiz
ACCIPITRIDAE Milvago Zufiiga, Lezama, Ruiz
chimachima
ALCEDINIDAE Ceryle torquata Zûfiiga, Lezama, Ruiz
ALCEDINIDAE Ceryle alcyon Zufiiga, Lezama, Ruiz
ALCEDINIDAE Chloroceryle Zûfiiga, Lezama, Ruiz
amazona
ALCEDINIDAE Chloroceryle Zûfiiga, Lezama, Ruiz
americana
ANATIDAE Dendrocygna Zufiiga, Lezama, Ruiz
autumnalis
ANATIDAE Cairina moschata Zûfiiga, Lezama, Ruiz
ANATIDAE Heliornis{ulica Zufiiga, Lezama, Ruiz
ARDEIDAE Tigrisoma lineatum Zûfiiga, Lezama, Ruiz
ARDEIDAE Tigrisoma Zûfiiga, Lezama, Ruiz
mexicanum
ARDEIDAE Ixobrychus exilis Zûfiiga, Lezama, Ruiz
ARDEIDAE Bubulcus ibis Zufiiga, Lezama, Ruiz
ARDEIDAE Butorides Zuiiiga, Lezama, Ruiz
s.Virescens
ARDEIDAE Egretta caerulea Zufiiga, Lezama, Ruiz
ARDEIDAE E~ret ufescens Zufiiga, Lezama, Ruiz
ARDEIDAE Egretta thula Zufiiga, Lezama, Ruiz
ARDEIDAE Casmerodius a/bus Zuiiiga, Lezama, Ruiz
ARDEIDAE Ardea herodias Zufiiga, Lezama, Ruiz
BUCCONIDAE Monasa morpheus Zufiiga, Lezama, Ruiz
CAPRIMULGIDAE Nyctidromus Zufiiga, Lezama, Ruiz
albicollis
CAPRIMULGIDAE Caprimulgus Zufiiga, Lezama, Ruiz
carolinensis
CATHARIDAE Numenius phaeopus Zufiiga, Lezarna, Ruiz
Charadrius wilsonia Zûfiiga, Lezama, Ruiz
CATHARIDAE
CATHARIDAE Charadrius Zuiiiga, Lezama, Ruiz
semipalmatus
259 Zufiiga, Lezama, Ruiz
CATHARIDAE Cathartes aura
CATHARIDAE CoraRYPSatratus Zufiiga, Lezama, Ruiz
CATHARIDAE Sarcoramphuspapa Zufiiga, Lezama, Ruiz
CICCONIIDAE Micteria americana Zufiiga, Lezama, Ruiz
CICCONIIDAE Mesembrinibis Zufiiga, Lezama, Ruiz
cayennensis
COLUMBIDAE Columba Zufiiga, Lezama, Ruiz
cayennensis
COLUMBIDAE Columba .flavirostrisufiiga, Lezama, Ruiz .
COLUMBIDAE Columba Zufiiga, Lezama, Ruiz
nigrirostris
COLUMBlDAE Claravis pretiosa Zufiiga, Lezama, Ruiz
COLUMBIDAE Columbina talpacoti Zufiiga, Lezama, Ruiz
COLUMBIDAE Leptotila verreauxi Zufiiga, Lezama, Rufz
CRACIDAE Ortalis cinereiceps Zufiiga, Lezama, Ruiz
CRACIDAE Crax rubra Zufiîga, Lezama, Ruiz
CRACIDAE Pene/ope Zufiiga, Lezama, Ruiz
purpurascens
CUCULIDAE Piaya cayana Zufiiga, Lezama, Ruiz
CUCULIDAE Crotophaga Zufiiga, Lezama, Ruiz
sulcirostris
DENDROCOLAPTIDAE Dendrocincla Zufiiga, Lezama, Ruiz
fuliginosa
DENDROCOLAPTIDAE Dendrocincla Zufiiga, Lezama, Ruiz
homochroa
DENDROCOLAPTIDAE Sittasomus Zufiiga, Lezama, Ruiz
f(riseicapilus
DENDROCOLAPTIDAE Glyphorhinchus Zufiiga, Lezama, Ruiz
spirurus
DENDROCOLAPTIDAE Lepidocolaptes Zufiiga, Lezama, Ruiz
souley_etti
FALCONIDAE Herpetotheres Zufiiga, Lezama, Ruiz
cachinnans
FALCONIDAE Micrastur Zufiiga, Lezama, Ruiz
mirandollei
FALCONIDAE Fa/co sparverius Zufiiga, Lezania, Ruiz
FALCONIDAE Micrastur Zufiiga, Lezama, Ruiz
semitorquatus
FORMICARIIDAE Automolus Zufiiga, Lezama, Ruiz
ochrolaemus
FORMICARIIDAE Xenops minutus Zufiiga, Lezama, Ruiz
260FORMICARIIDAE Microrhopias Zufiiga, Lezama, Ruiz
quixensis
FORMICARIIDAE Myrmotherula Zufiiga, Lezama, Ruiz
axillaris
GALBULLIDAE Jacamerops aurea Zufiiga, Lezama, Ruiz
JACANIDAE Aramides cajanea Zufiiga, Lezama, Ruiz
(-128-)
261 RAMPHASTIDAE Selenidera spectabilisZufiiga, Lezama, Ruiz
RAMPHASTIDAE Ramphastos Zufiiga, Lezama, Ruiz
swaimsonii
SCOLOPACIDAE Zufiiga, Lezama, Ruiz
Actitis macularia
STRIGIFORMES Tyto alba Zufiîga, Lezama, Rui
STRIGIFORMES Pulsatrix perspicillatafuiîga, Lezama, Ruiz
STRIGIFORMES Zufiiga, Lezama, Ruiz
Glaucidium
minutissimun
TINAMIDAE Tinamus major Zufiiga, Lezama, Ruiz
TINAMIDAE Cry_]!Jurellsoucardi Zufiiga, Lezama, Ruiz
.TINAMIDAE Crypturellus soui Zufiiga, Lezama, Ruiz
TINAMIDAE Crypturellus Zufiiga, Lezama, Ruiz
cinnamomeus
TROCHILIDAE Glaucis aenea Zufiiga, Lezama, Ruiz
TROCHILIDAE Phaetornis Zufiiga, Lezama, Ruiz
superciliosus
TROCHILIDAE Phaetornisf{UY Zufiiga, Lezama, Ruiz
TROCHILIDAE Phaetornis Zufiiga, Lezama, Ruiz
longuemarus
TROCHILIDAE Thalurania colombica Zufiiga, Lezama, Ruiz
TROCHILIDAE Amazilia tzacatl Zuiiiga, Lezama, Ruiz
TROCHILIDAE Hylocharis eliciae Zui'iiga,Lezama, Ruiz
TROCHILIDAE Amazilia rutila Zui'iiga,Lezama, Ruiz
TROCHILIDAE Trogon massena Zufiiga, Lezama, Ruiz
TROCHILIDAE Trogon rufus Zufiiga, Lezama, Ruiz
262 ANNEX41
Meyrat, Alan. The BiologicalStretchf Southeast
Nicaragua: Important Space for the Conservation of
Nature. MARENA-ARAUCARIA, 2006. [Extracts] (-9-)
(..)
The Landscape and Ecosystems
Using an adaptation of the Physiognomic - Ecological Classification System of
Plant Formations of the Barth publîshed by UNESCO (Ellenberg & Mueller
Dombois, 1987), at least 19 natura1ecosystems and two ecosystems inhabited by
humans were identified in Southeast Nicaragua (Meyrat, 2001a). Of the natural
ecosystems, 15 are land systems and four are aquatic. Of the land ecosystems,
there are 11 forest variants (ten evergreen forests, from coastal to sub
mountainous in the continental zone, and one semi-deciduous forest on the
Solentiname archipelago), three savanna variants and one riverine grassland
variant. Of the aquatic ecosystems, two are marine 1 coastal systems (coastal
lagoon and estuary) and two are freshwater systems (lake and freshwater plant
mosaic ). In the freshwater plant mosaic, there are at least seven types of
ecosystems of dimensions that cannot be mapped on a large scale. For this reason,
using a more detailed classification, it is possible to claim that there are 26
different ecosystems in the sector.
(..)
(-16-)
In an undisturbed forest, no species can be considered dominant from the
perspective of abundance. In neighboring forests in Costa Rica, sorne 273
vascular plant species (Hartshom, 1983) combine to make up this type of plant
formation. Flora de Nicaragua (Stevens et al., 2001) identifies 178 species, of
which 39 are rare, 22 are uncommon and 15have a restricted range of distribution
from Nicaragua to Panama.
Typically, this forest bas four strata:
1. The canopy of high trees (30 - 40 meters). This is formed by Andiroba
(Carapa guianensis), Guanandi (Calophyllum brasiliense), Pansubâ (Lecythis
ampla), White oliver (Terminalia amazonica), Copinol (Hymenea courbaril),
Chicle (Mani/karachicle) and Cortéz(Tabebuia guayacan).
2.Sub-canopy (10 - 15 meters) of medium and young replacement trees,
including: Oil Tree (Pentaclethra macroloba), Anaxagorea crassipetala,
Mangan Larga (Xilopia bocatorena and X sericea), Cedar, Vaquero
(Dendropanax arboreus), different Shimbillos (Inga spp.), Terciopelo
(Alchornea costarricense), Wild Nutmeg (Virola koschnyl), Huito (Genipa
265americana), Peine de Mico (Apeiba membranaceae), Sangre de Mono
(Pausandra trianae), Sietenudos (Rinorea squamata), accompanied by certain
high palms (Arecaceas), Walking Palm (Socratea exorrhiza), Palmilera
(Weljia georgii) and Copa Palm (lriartea deltoidea).
(-17-)
3.Low trees, replacement trees, high bushes and a variety of palms: Pasica
(Pouroruma bicolor), Plâtano (Psycothria grandis), P. elata, Capirote
(Miconia spp.) Coligallo Palm (Calyptrogyne ghiesbreghtiana), Copa Palm
(Jriarteadeltoidea) and Arborescent Fern (Cyathea multiflora).
4.Low herbaceous plants of less than two meters in height, more or less open
(may not be present in 50% of cases): abundant Rubiaceae and
Melastomataceae, with palms of different genera and herbaceous ferus. The
following are among the interesting components: Florida arrowroot (Zamia
spp.) various palms: Palma Rooster Tail Palm (Calyptrogyne sp.), Palma Suita
(Asterogyne martiana), Palma Cana de Danto (Reinhardtia spp. and Geonoma
spp.), Chontadura (Astrocaryum confertum, recently reported in Nicaragua),
herbaceous fems (Cnemidaria, Adiantum, Polypodium, Polystichum,
Campyloneurum) and Aequimea (Aechmea magdalenae).
The lianas (generally ligneous), pseudo-lianas (which germinate in the
branches and then take root in the soil), and epiphytes are more or less
abundant depending on the type offorest. On low terrain (near the coast) and
high terrain (mountains), vascular epiphytes are more abundant due to the
presence of mist. Predominant in the low canopy are encircling climbing
epiphytes of the following families: Araceae (Anthurium, Monstera,
Syngonium) Ciclantaceae (Asplundia) and certain fems. Predominant in the
higher canopy areas are the Bromeliaceae families (Guzmania, Vrisea,
Achmea, Tillandsia),
(..)
(-21-)
(..)
TAXONOMIC SPECIES GENERA FAMILlES
GROUP
FISH (LAKE) 47 29 16
266 AMPHIBIAN 27 11 8
REPTILES 33 25 l1
BIFUDS 388 214 61
MAMMALS 60 51 23
TOTAL 555 330 119
Table 1. Number of species, genera and families by taxonomie group of
vertebrates in the Southeastem Zone of Nicaragua. Data from FUNDAR
(2004), for Bird from Arr61iga & Herrera - Rosales (2000) and for Fish de
Astorqui (1984).
(-22-)
(..)
Among the most commonly seen birds are eight species of psittacines,
including four parakeets or"Chocoyos" and Cotorras (Aratinga, Brotogeris,
Jugularis and Pionus), three Parrots (Amazona) and two Macaws: green (Ara
ambigua) and red (A. Macao). In addition, there are three species of the most
commonly seen toucans (one Pteroglosus and two Ramphastos). Very
conspicuous are two species of Oropendolas (Psarocolius spp.) that make
hanging nests grouped in tree branches (FUNDAR, 2004).
There are three species of birds with high hunting value for the local
population: typical guans (Penelope), curassows (Crax) and tinamous
(Tinamus). The most important raptors include the American Harpy Eagle
(Harpia harpyia) and the Crested Eagle (Morphnus guianensis) (FUNDAR,
2004).
A total of 60 species of mammals have been identified in the zone: five
didelphids (Zarigueyas), five edentates (annadillos and similar mammals), 26
bats, three monkeys, seven rodents, nine carnivores, one perissodactyle (tapir)
and four artiodactyls (pigs and deer). Among these mammals, 39 are covered
by legal protection due to a certain level of vulnerability (CITES, appendixes
1, Il, III or national hunting bans). More studies have been carried out on
mammals than on other groups, covering ecological aspects: on the Manatee
(Jiménez,1999), on the Wild Boar or Jabali (Altritc&eJiménez, 1999),
(-23-)
267 on Danto and Jaguar distribution and the hunting of species (Almanz&
Medina, 2001).
Among the Toothless are: the Giant Anteater (Myrmecophaga),
the Common Anteater (Tamandua), the Sloth (Choloepus) and the
Armadillo (Dasypus) (FUNDAR, 2004). Primates (monkeys) include
three species, the most common of which is the Congo or Howler
Monkey (Alouatta), followed by the Spider Monkey (Ateles); the third
and least common species is the White-faced Monkey (Cebus). Six
species have been recorded under the order of carnivore: Coati (Nasua),
Kinkajou (Potos), Tayra (Eira), an American Otter (Lontra) and three
species of felines: the Ocelot (Leopardus), the Jaguar or American Tiger
(Panthera) and the Puma or American Lion (Puma) (FUNDAR, 2004).
Under the perissodactyle order is the Danto or Tapir (Tapirus). Of the four
species of artiodactyls (pigs and deer), two are endangered: the White
Iipped Peccary (Tayassu) and the Wild Boar or Jabali (Dicotyles). The
other two species are more abundant: the White-tailed Deer (docoileus)
and the timid Brocket Deer (Mazama) (FUNDAR, 2004). There are 26
species of bats with strong populations. Most are of the subfamily
Phillostomidae. There are three speciesf larger rodents: Common Agouti
(Dasyprocta), Paca (Agouti) and the Porcupine (Coendou). There are four
known species of smaller rodents, the most important of which is the
Central American dwarf squirrel (Microsciurus alfari) (FUNDAR, 2004).
(-24-)
A large number of insect species have been collected by naturalists in
transit since the daysf inter-oceanic transport. Collections are currently
being taken according to taxonomie group by the Entomological Museum
of Leon, focusing mainly on Lepidoptera and Coleoptera. There are three
new reports of Lepidoptera Sphingidae for Nicaragua. Under the
Coleoptera order, severa! Scarabaeidae are new to Nicaragua, in the
subfamilies Rutelinae and Dynastinae (Jean-Michel Maes, in litteris).
Aquatic Fauna
The American otter (Lontra), crocodile (Crocodylus) and caïman
(Caiman) are seen in rivers, channels and lagoons. The caïman is found in
the most extensive area, reaching the coastal zones and mangroves,
similar to the herbivorous mammal, the manatee (Trichecus) (FUNDAR,
2004).
268The Caribbean coast is used by different species of turtle to nest,
including the green sea turtle (Chelonia mydas), the Caguama or
loggerhead sea turtle ( Careta careta), the black sea turtle (Chelonia
agassizii) and the Atlantic leatherback turtle (Dermochelys coriacea)
(Lageux, 2000). According to Nietschmann (1977), the best egg-laying
sites of the hawksbill sea turtle (Eretmochelys imbricatta) are found to the
south.
According to Astorqui (1984), 47 species of fish are found in Lake
Nicaragua, grouped into 29 genera of 16 families (listed in Meyrat et al.,
2001b). The San Juan River is one of the migratory routes for saltwater
species whose special osmotic adaptation to brackish and freshwater
conditions is unique in the
(-25-)
world and of great interest to scientists (Villa, 1982). Among these
species are the bull shark (Carcharhinus leucas) and two species of
sawfish (Pristis pectinatus and P. perotteti). Other migratory fish
include the tarpon (Tarpon atlanticus), the fat snook (Centropomus
parallelus),the tropical gar (Atractosteus tropicus) and the bigclaw river
shrimp (Macrobrachium carcinus), which are in high demand and can
be bred in ponds. Migratory aquatic species are of great value to local
fishers along the San Juan River and on Lake Cocibolca. In their joumey
via the San Juan River, these species face several bottleneck sectors, one
of which is in front of El Castillo. In 1982, Villa referred to the effects
of fishing of the populations of several species. These observations have
since been confirmed by local inhabitants.
(..)
(-30-)
Wood Varieties
There is a broad variety ofprecious woods in the territory. The
best known timber tree is the Granadillo, Nambar, Cocobolo or
Rosewood (Dalbergia retusa), the wood from which has beautiful
graining, natural shine and a natural insecticide to preserve it. ln the
US market for materials for sculptors and artisans, this wood is valued
at US$ 40 per kilogram, regardless of the shape of the piece. Other
precious woods include Granadillo (Platymiscium spp.), Copinol
(Hymenea courbaril) and Mora (Maclura tinctorea), ali with high
demand and value among local artisans in the department of Masaya.
The following species are commonly used to make quality furniture:
269Big Leaf Mahogany (Swietenia macropbylla), Spanish Cedar (Cedrela
odorata), Laurel (Cordia alliodo Paras)bâ or Olla de Mono Pot
(Lecythis ampla), Batibatra (Enterolobium shomburkii) and Pink Poui
(Tabebuia rosea).. With opposite qualîties, Balsa wood (Ochroma
pyramidal) is very light and was used in the past as an insulator for the
packîng of fragile articles and for the fabrication of life preservers.
Balsa has now been replaced by plastics for these uses. The wood's
current usage is limited to the manufacturing of souvenirs (brightly
colored birds and fishes), a specialty of the artisans of Solentiname.
Certain trees provide wood of high durability under stress,
torsion and wear and are used as high-wire posts and fence posts,
pillars in house construction, planks for flooring and guardrails for
trucks. However, few national sawmills have appropriate machinery to
eut these species, which include:Oil tree (Pentaclethra macroloba),
Chicle (Manilkara chicle), Almendro
(-31-)
(Dipteryx oleifera), Cabbage angelin (Andira inermis),
Nancit6n (Hyeronima alchorneoides), Comenegro (Dialium
guianensis) and Goncalo alves (Astronium graveolens). The
following are among the wood species used and sold locally: Guarandi
(Calophyllum brasiliense), Guasimo Colorado (Luehea seemannii),
Kamibar (Copaifera aromatica), Andiroba (carapa guianensis),
Kapok (Ceiba pentandra), Wild Cashew (Anacardium excelsum),
Guayabo (Terminalia spp.)and Pronto Alivio Guareasp.).
Plants of Ecological Value
Certain plants have high value as important food sources for
multiple species of fauna, from insects to mammals. The most
important and conspicuous of these plants include: Almendro
(Dipteryx oleifera),Guaba Cuajiniquil (Inga vera spuria), Zygia
(Pithecellobium latifolium),Canelo Negro (Nectandra reticulata),
Azufre (Garcinia edulis),Matapalos or Higerones (Ficus spp.: F.
glabrata; F.maxima; F. tonduzii; F. perfusa),and Papaya de Monte
(Caricapennatula). Sorne ofthese trees are host to different species of
epiphytes and shelter iguanas and various birds. Certain epiphytie
bromeliads form micro-lagoons that accumulate water, where the eggs
and tadpolesof severa! species of small frogs and salamanders are laid
and develop. ·
270 ANNEX42
Ministry of the Environment and Natural Resources, Indio Maiz
Biological Reserve Management Plan, 2005-2010 Period. Fourth
Version, 9 May 2006. [Extracts] (..)
(-54-)
c.7. Fauna:
The existence of diverse ecosystems and habitats in the Indio Mafz Biological
Reserve allows for the presence and development of a large diversity of American
tropical wildlife fauna until now unknown. There are no complete fauna studies
for this Reserve; the reports that have been obtained are the result of rapid
ecological assessments and scientific expeditions, following the redefinition of the
boundaries of ali protected areas in Southeast Nicaragua (Government of
Nicaragua. 1999e), which are summarized in Table 3.
The group of birds is very diverse. Numerous species of terrestrial and aquatic
birds live in or transit through the reserve. To date, a total of 221 species have
been identified.
Among the most common species are the olive tanager (Chlorothraupis carmioli),
red-throated ant-tanager (Habiafuscicauda), tawny-crested tanager (Tachyphonus
delattrii), black-headed trogon (Trogon melanocephalus), rufous motmot
(Baryphthengus martii) and oropendolas (Psarocolius montezuma and P.
Wagleri), among others.
Bird species of great national and international importance, which are in danger of
extinction and contained in the lists of species protected by the Government of
Nicaragua, CITES Annexes, and total and partial closed seasons, live in the well
conserved forest of the Reserve. These include, inter alia, the American harpy
eagle (Harpia harpyja), a species that needs extensive forested areas like those
existing in this Reserve in order to survive, the great green macaw (Ara ambigua),
whose population has been reduced by habitat alterations, deforestation and
illegal trafficking, and the Three-wattled bellbird (Procnias trucarunculata), a
species included in the IUCN's global red list for Nicaragua.
The coastal marine zone is a major habitat for aquatic and seabirds in the
Caribbean. There are abundant flocks of migratory species, among others, golden
plovers, western sandpipers and Peruvian boobies. There is also an abundance of
herons, seagulls, frigates and pelicans. In the shore forests, an endless number of
bird species has been observed that reside close to bodies of water, among others:
herons, golden plovers, common kingfishers and tanagers. A particularly
colourful species is the sunbittem (Eurypyga helias, found in streams and rocky
gullies.
273 Mammals are represented by 65 species. The excellent state of conservation of the
Reserve allows for the existence of stable populations of mammals in danger of
extinction, whîch have been eradicated from other zones of the country, including,
among others: peccaries (Dicotyles pecari and Tayassu tajacu), Baird's tapirs
(Tapirus bairdii) and three feline species (Pantera onca, Puma concolor and
Leopardus pardalis).
(-55-)
The chiroptera order is the best represented, with 27 species, among which the
species of the Phyllostomidae family stand out. The chiropteres maintain
important ecological relationsn the forest, acting as seed dispersers, pollinators
and biological controllers.
The Indio Maiz Biological Reserve bouses abundant and excellent habitats to
maintain an important population of manatees (Trichechus manatus). This
herbivorous aquatic mammal species, characteristicf the American tropics, is a
highly valued and important species threatened by extinction. This large and
human-like mammal is an important part in the mythology of different indigenous.
groups that live in the region (Jiménez,1998).
The herpetofauna of the Indio Maiz Biological Reserve is represented by 55
reptile and 34 amphibian species. The Reserve bouses approximately 33% of the
national herpetofauna, accordingto the registrations presented by Kolher, 2001;
Ruiz and Buitrago 2003.
Species of great importance are found in the coastal marine zone, including
hawksbill, leatherback and green sea turtles (Eretmochelys imbricata,
Dermochelys coriacea and Chelonya mida). The populations are on the decline
due to predation of nests and shrimp boats that do not use turtle excluder deviees
(TED), recommended to prevent capture and death of sea turtles in their dragnets.
. Among ethers, reptilian (Norops limifroms, Corytophanes cristatus, Ameiva
festiva and lguana iguana) and amphibian (Dendrobates auratus, D. pumilio,
Rana warszewitschii and Eleutherodactylus fitzingeri) species are broadly
distributed in the forested area. The range distribution of the yellow-flecked
glassfrog (Cochranella albomaculata), which was found in this reserve by Paez,
et al in 2004, has extended from north to south given that it has been reported in
the Saslaya hill in the Atlantic North. The iguanidae (polychrus gutturosus)
species bas also been confirmed in Nicaragua.
The reserve'shydro~biol resourceslare little documented. However, there is
an immense potential for aquatic fauna in the rivers and coastal marine zone, as
well as migratory species of great economie value, such as lobster, sea bass and
274fat snook. The Caribbean spiny lobster (Panalirus argus) travels from the north of
Puerto Cabezas to spawn in the rocky marine platform of San Juan de Nicaragua.
This coastal marine zone also has marine shrimp species, which are heavily
commercially exploited by artisan fishennen, although industrial shrimp boats
also capture these species illegally in zones that are prohibited under the Fishing
Law, which provides that industrial fishing in zones that are earmarked for artisan
fishing or in unauthorized zones is a serious crime. (Govemment of Nicaragua
2004)
(-56-)
A very important species in the diet of the Rama indigenous community is the
bigclaw river shrimp (Macrobranchiun carcinus), a large-size species of excellent
flavour. Since this species is commercially important, there is strong pressure on
its natural population. These shrimps migrate to spawn in the brackish waters of
the estuaries.
In the rivers and streams of the reserve, machaca and rainbow bass (Brycon
guatemalensis and paereochromus spp) are the predominant species (Urteaga,
2002). Large fish are also found in these rivers, such as the tropical gar
(Atractosteus tropicus), a species of great ecological value in the rivers of the
reserve, which is subject to significant bi-national fishing activity for sports
fishermen.
The insect group is very diverse. Preliminary studies report 149 species. The most
prominent insect species are indicative of the level of conservation or alteration of
the habitats. In 2004, Arana and T6rrez found the presence of the clear wing
butterfly (Cithaerias menander), whose population declines as disturbances
increase. The host plant of this species is unknown, but adults feed on fruits and
mushrooms that are decomposing, which usually occurs in a closed canopy forest.
They also found that the abundant population of the giant beetle (Phyllophaga
gigantea) declines as the disturbance of the landscape increases. This proves that
this species is indicative of disturbances, is highly humid bio-geographical zones.
On the other hand, the relative abundance of the scarab beetle (Dyscinetus
laevipunctatus) species increases as the disturbance of the habitat increases.
Although, this species is characteristic of a semi-aquatic habitat.
In the Indio Maiz Biological Reserve, the Scarabaeidae species (Cyclocephala
fulgurata) was first reported in Nicaragua in 2004 by Arana and T6rrez, as well as
the Darwin Hawkmoth (Amphimoea walkeri), which had not been captured in the
country since mid-19th century.
275 Table 3. Consolidated List ofFauna Species, Indio Maiz Biological Reserve
Taxonomie Birds Mammal Amphibia Reptiles Fish Insects
Group s ns
VPN 16 8 3 5
VNI 24 15 2
Speciesin I 3 8 1
national
closed
seasons
Species in II 32 4 2 5
CITES
Appendixes
III 3 8 3
vc 3 8 6 7
RL 1 8 2
Total 221 65 34 55 149
species
Migratory 29
species
(..)
(-101-)
a. Diversity and wealth of species
a.l. Flora and Fauna
The existence of large, well-conserved humid tropical forests, temporarily flooded
sites and coastal marine areas give to the Reserve a unique characteristic of wealth
and diversity of plant species and ecosystems.
A total of369 plant species have been recorded (Fundar database, 2004). New flora
species have been identified for Nicaragua, including five palm species, one of
them being a new report for science (Coronado 2000).
To provide an overall idea of the arSaimportance, we can highlight sorne species
of great ecological and economie value and beauty that so far have only been
276sighted in this Reserve, including, among others: (Lycopodiella sp.) in the
undergrowth and (Podocarpus guatemalensis and Colpothrinax aphanopetala)
among the brushwood (Rayos and Pilarte, 2004).
The degree of conservation allows for the presence of a great diversity and wealth
of fauna species in this reserve. Reports have been mainly based on scientific
expeditions and rapid ecological assessments, indicating the presence of 221 bird
species (27 migratory) (Amigos de la tierra 1996, Arr6liga et al 2002, Arr6liga and
Herrera- Rosales 2004), 65 mammal species (Amigos de la tierra 1996, Medina et
al 2002, Arr61iga and Herrera Rosales 2004), 34 amphibian species, 55 reptile
species and 57 insect species (Amigos de la Tierra 1996, Schmidt and Bias, 2002).
It is also known that the Caribbean spiny lobster (Panulirus argus) and four
Caribbean shrimp species Panaeus spp travel to the coastal marine zone of the
reserve. The river shrimp (Macrobrachium carcinus) has also been found in the
rivers that cross the reserve. In addition, 24 fish species have been identified
(Amigos de la Tierra 1996,Urteaga 2002).
a.2. Heraldic Value
In a natural habitat like the Indio Mafz Biological Reserve, each species performs a
specifie function, which makes them ail important. Sorne species, however, are
particularly valuable given their uniqueness or level of threat and could be
representative of the value of this Reserve. The species identified for its heraldic
value is the manatee (Trichechus manatus), a little known herbivorous mammal
which reaches up to three meters in length and weighs more than half a ton. Only
three manatee species exist in the world, ali of which are in danger of extinction
(Jiménez 2000). The species found in this reserve is only found in the Caribbean
Sea and it is very scarce.
277 ANNEX43
Public Prosecutor's Office of San Carlos, Rio San Juan, Nicaragua.
"Criminal Complaint 000/06."
21 December 2006 ANNEX44
"The Annonated Ramsar List: Nicaragua."
The Ramsar Convention on Wetlands.
Source: http://www .ramsar.org/profile/profiles _nicaragua.htm The Ramsar Convention on Wetlands
The Annotated Ramsar List: Nicaragua
The Annotated Ramsar List of Wetlands of International
Importance
NICARAGUA
The Convention on Wetlands came into force for Nicaragua on 30
November 1997. Nicaragua presently has 8 site designated as a Wetland of
International Importance, with a surface area of 405,691 hectares.
(..)
Cayos Miskitos y Franja Costera Immediata. 08/11101;Atlintico Norte;
85,000 ha; l4°23'N 082°46'W. Marine Biological Reserve. Offshore
Caribbean island and shoals and adjacent mainland coastal areas 12km to
the west, comprising an impressive array of wetland types, principally
frequently-flooded areas dominated by shrubs, riverine systems in which
are found gallery forests, and estuaries bordered by mangrove forests in
near-natural state. At the Cayos Miskitos Reserve, theres one of the largest
extensions of sea grass in the Caribbean, intermingled with coral reefs,
areas which support several rare and endangered species, including the
Green Turtle (Chelonia mydas), Hawksbill Turtle (Eretmochelys imbricata),
the Caribbean manatee (Trichechus manatus), the "Tucuxi 11 freshwater
dolphin Sotaliafluviatilis, and caiman crocodile (Crocodylusfuscus). The
Association of Indigenous Women of the Costa Atlântica recently initiated
a promising ecotourism project. Ramsar site no. 1135. Most recent RIS
information: 2001.
285Deltas del Estero Real y Llanos de Apacunca. 08/11/0l; Chinandega;
81,700 ha; l2°53'N 087°13'W. Natural Reserve. An estuarine ecosystem
that is part of the large mangrove systems of the Golfo de Fonseca shared
with El Salvador and Honduras, marked by semi-intensive and extensive
shrimp cultivation, fishing, and agriculture. Within the site sorne species
of fauna have been identified, and part of the site was declared a Reserve
for
Genetic Resources in 1996 in order to preserve a species of wild maize (Zea
luxurians or nicaraguensis) that is endemie to Nicaragua and found only in
this area. The original diversity of the site has suffered from human impacts
such as agrochemical and organic waste, sedimentation, deforestation, and
excessive hunting. Ramsar site no. 1136. Most recent RIS information:
2001.
Lago de Apanâs-Asturias. 08/11101; Jinotega; 5,415 ha; 13°10'N
085°58'W. An artificial lake or reservoir formed by two electricity
producing barrages of the Rio Tuma in the mountainous north of the
country, characterized by seasonally flooded agricultural land, water
storage areas, and canals for transport and drainage. The endangered Perro
11
de Agua Waterdog" (Plata Otter, Lutra longicaudis) is supported, and the
site is also important for a number of aquatic birds and for fish, a number of
which have high economie value in the area. The site has high potential for
ecotourism because of its migratory birds and artisanal fishing practices,
and recreational and educational potentials are high as well. Ramsar site no.
1137. Most recent RIS information: 2001.
0
Los Guatuzos. 30/07/97; 43,750 ha; 1 l 00'N 084°52'W. Lakes and ponds
subject to seasonal flooding, set in alluvial depressions with surrounding
woodlands. There are also areas that are normally dry where the water table
is several centimetres below the surface. The interaction of unique
environmental factors has given rise to rich populations of flora and fauna
both indigenous and migratory. 326 bird species, of which 77 species are
migratory, 32 mammal and 10 reptile species are supported. There are
several species of birdlife threatened with extinction. Ramsar site no. 915.
Most recent RIS information: 2001.
Refugio de Vida Silvestre Rio San Juan. 08/11101; Rio San Juan~
Atlantico Sur; 43,000 ha; ca.l0°56'N 083° 40'W. Wildlife Refuge,
Biosphere Reserve. A long, slender, convoluted site that follows the course
286 of the Rio San Juan, which flows from Lake Nicarague at 32m altitude
along the Costa Rican frontier200km to the city of San Juan del Norte on
the Caribbean coast, and includes the coastline to the north as weil, part of
the Biosphere Reserve Indio Maiz, forming one of the two most extensive
biological nuclei of the Mesoamerican Biological Corridor. The site
comprises an array of wetland types, including estuary and shallow marine
waters, coastal freshwater lagoon, and intertidal marsh, as well as
permanent lakes, rivers, and pools, inter alia. Nearly all of the Ramsar
Criteria are met, and four species of turtles, as weil as the manatee
Trichechus manatus, are supported. Ramsar site no. 1138. Most recent RIS
information: 2001.
Sistema de Humedales de la Bahia de Bluefields. 08/11101;Atlantico Sur;
86,501 ha; 1 1°55'N 083°45'W. Added to the Montreux Record, 15/01/07.
·Comprising a diversity of ecosystems from saline to freshwater,
···ncompassing the "bay", which is in fact a coastal lagoon associated with
the Rio Escondido. The intertidal forested areas and mangroves form
habitat and biological corridors for endangered larger animais, such as the
jaguar (Pantera onca), Central American Tapir or "Danta" (Tapirus bairdii),
the howling monkey Alouatta fusca, and ocelot Leoparduspardalis. The
system is regenerating despite the devastation of Hurricane Joan in 1988.
The site is extremely important for the artisanal fishing which forms the
economie and cultural base of the ethnie groups in the area. Problems
associated with population growth and pollution pose threats, though
several communities have organized a group of communal park-wardens.
Subject of a Ramsar Advisory Mission in December 2005 and added to the
Montreux Record on 15/01107.Ramsar site no. 1139. [Signs] Most recent
RIS information: 2001.
Sistema de Humedales de San Miguelito. 08/11101;Rio San Juan; 43,475
ha; 1 1°25'N 084°51'W. Situated along the southeast coast of Lago
Cocibolca (Lake Nicaragua, the largest lake in Central America), the site
maintains a rich biological diversity, supporting a large numberof species
of birds, fish, reptiles and mammalsIt also performs essential functions in
the prevention of natural disasters, in purifying and recycling the water of
the lake, and in regulating local climate. Ramsar site no. 1140. Most recent
RIS information: 2001.
287Sistema Lagunar de Tisma. 08111/01; Managua, Granada; 16,850 ha;
l2°04'N 085°56'W. A number of small lake, marsh, and river shore
ecosystems associated with the northwest shores of Lake Nicaragua. The
sites supplies water for cattle grazing, rice cultivation, and irrigation of
pastures, recharges groundwater and assists in flood control, retains
sediments and contaminants, and supports a number of species of migratory
birds. Inhabitantsof the site benefit by meat and fish and derive fiber
materials for the fabrication of handkerchiefs, mats, fans, and other
handicrafts. Rice cultivation and resulting alterationsf water level and
agrochemical effects have a direct impact upon the site. The Audobon
Society Nicaragua and the IUCN Mesoamerica Office assisted in
preparation of the designation and in the ongoing development of a
management plan, with support from the govemment. Most recent RIS
information: 2001.
For further information about the Ramsar Convention on Wetlands, please
contact the Ramsar Convention Bureau, Rue Mauvemey 28, CH-I 196
Gland, Switzerland (tel+41 22999 0170, fax +41 22 999 0169, e-mail
[email protected]). Posted 31 January 2000, updated 15January 2007,
Dwight Peck, Ramsar.
288 ANNEX45
Biosphere Reserve Information for Rio San Juan, UNESCO-MAB
Biopshere Reserves Directory
Source:http://www.unesco.org/mabdblbr/brdir/ directory/
biores.asp?mode=all&code NIC+02United Nations Educational, Scientific and Cultural Organization
The MAB Programme
UNESCO - MAB Biosphere Reserves
Directory
Biosphere Reserve Information
Nicaragua
RÎO SAN JUAN
General Description Covering 1,392,900 ha Rio San Juan Biosphere
Reserve iscomposed of seven protected areas and other adjacent territories. The
biosphere reserve covers an important variety of ecosystems representative of
tropical humid forests and wetlands, tidal marsh, coastallagoons and estuarieswhich
are importantshelters for rare or threatened animais and plant genetic resources
of the meso-American tropics. Furthermore the biosphere reserve includes a part
of Lake Cocibolca and the municipalities of El Almendro, San Miguelito,
Morrito and Nueva Guinea with a large (256,000 habitants) and culturally rich
human population including 20,000 habitants of Rama, Miskitu, Negra and Creole
ethnie groups. Each one of these groups has its own way of preserving and/or using
the national resourcesof the area.
The vast size of the biosphere reserve, in addition itsproximity to neighbouring
Costa Rica protected areas, and as part of the Mesoamerican Biological Corridor,
guarantee an adequate area for preserving genetic diversity,free mobility of species,
breedingandmaintenance of major species such as thejaguar or american tiger (Felis
onca),thetapir(Tapirusbiardii)and thered andgreenparrot(Psittacideae).
Major ecosystem type Tropical humid forest and wetlands areas
Major habitats & land Tropical humid forest
cover types
Location 11°29'0" N- 84°21'55"W
Area (hectares)
Total 1,392,900
357,800
Core area(s)
Buffer zone(s) 520,500
Transition area(s) when 514,600ha
given
(..)
Last updated: 1011/2007
291 ANNEX46
Nicaragua, Ministry ofhe Environment and Natural Resources,
"Species under threat of Extinction: lndio Maiz and BOSAWAS
Biosphere Reserves," 2008 y Unidad Nacionalcilia<::ion
qe.Pu~, P~aEAJi.dlfdl:!
2008: Year of Citizen Power
Species under threat of Extinction
Indio Maiz and BOSAWAS Biosphere Reserves
MAMMALS
No. Scientific Name CommonName
1 Alouattapalliata Blackhowlermonkey
2 Atelesgeoffroyi CentralAmericanspidermonkey
3 Bassaricyongabbii Olingo
4 Bassariscussumichrasti CentralAmericancacomistle,ring-tailedcat
5 Bradipusvariegatus Brown·throatedthreewtoedsloth
6 Cebuscapucinus White·throatedcapuchin
7 Choloepushoffmanni Hoffmann'stwo·toedsloth
8 Cycloj)_sidactylus Pygmyor silkvanteater
9 Eirabarbara Tayra
10 Gallictisvittataalictisallamandi Greatergrison
11 Herpailurus(Felis)yaguarondi Jaguarundi
12 Leopardus(Felis)pardalis Ocelot
13 Leopardus(Felis)tigrinus Littlespottedcat
14 Leopardus(Felis)wiedii Margay
15 Lontralongicaudi= Lutra annectens Neotropicalriver otter
16 Mustelafrenata Long-tailedweasel
17 Myrmecophagatridactyla Giantanteater
18 Panteraonca Jaguar
Kinkajou
19 Potosflavus
20 Pumaconcolor Mountainlion, cougar
21 Tapirusbairdii Baird'stapir,.Am. tapir
22 Trichechusmanatus WestIndianmanatee
295 BIRDS
No. Scientiflc Name CommonName
l Accipiter bicolor Bi-colored hawk
2 Accipiter superciliosus Tiny hawk
3 Ajaia ajaja Roseate spoonbill
4 Amazona albifrons White-fronted parrot
5 Amazona auropalliata Yellow-nape parrot
6 Amazona autumnalis Red-lore parrot
7 Amazona farinosa Mealy parrot
8 Araambigua Great green macaw
9 Ara macao Scarlet macaw
10 Aratinga canicularis Orange-fronted parakeet
11 Aratinga finschi Crimson-fronted parakeet
12 Aratinga holochlora Green parakeet
13 Aratinga nana astec Olive-throated parakeet
14 Aulacorhynchus prasinus Emerald toucanet
15 Bolborhynchus lineola Barred parakeet
16 Brotogerisjugularis Orange-chinned parakeet
17 Busarellus nigricolis Black-collared hawk
18 Buteo albicaudatus White-tailed hawk
Buteo albonotatus
19 Zone-tailed hawk
20 Buteo iamaicensis Red-tailed hawk
21 Buteo nitidus=Asturina plagiaia Grayhawk
22 Buteo platypterus Broad-winged hawk
23 Buteo swainsoni Swainson's hawk
24 Buteogallus anthracinus Common black hawk
25 Buteogallus urubitinga Great black hawk
26 Chondrohîerax uncinatus Hook-billed kite
27 Circus cyaneus Northem harrier
28 Crax rubra Great curassow
29 Daptrius americanus Red-throated caracara
30 Elanoides forficatus American swallow-tailed kite
31 Elanus leucurus White-tailed kite
32 Falco columbarius Merlin
33 Falco deiroleucus Orange-breasted falcon
34 Falco femoralis Aplomado falcon
35 Falco peregrinus Peregrine falcon
36 Falco rufigularis Bat falcon
Harpia harpyja Harpy eagle
37
38 Harpyhaliaetus solitarius Solitary eagle
39 Pionus senilis White-crowned parrot
40 Pteroglossus torquatus Collared aracari
41 Rarnphastos sulfuratus Keel-billed toucan
42 Ramphastos swaisonli Chestnut-mandibled toucan
43 Rosthramus sociabilis Snail kite
44 Sarcorhampus papa King vulture
45 Selenidera spectabilis Yellow-eared toucanet
296 REPTI.LES
No. Scientific Name CommonName
1 Corallus annulatus Annulated tree boa, ringed tree boa
2 Corallus enydris Amazon tree boa
3 Crocodylus acutus American crocodile
*FI.SH
No. Scientificame Common Name
1 Carcharhinus leucas Bull shark
2 Pristis pectinatus Small-tooth sawfish, common sawfish
3 Pristis perotteti Large-tooth sawfish
4 Megalops ~p. Tarpon
* Indio Maiz Biosphere Reserve
297 ANNEX47
Ministry of the Environment and Natural Resources, "Southeast
Nicaragua Biosphere Reserve: Strategie Program 2008,"
availableat:
http:/www .marena.gob.ni/index.php?option=com_remository&!terni
d-181 &func=fileinfo&id=523Strategie Program 2008
Biosphere Reserve of Southeast Nicaragua
The Nucleus Zones for long-term conservation are located in the Indio Maiz
Biological Reserve, Los Guatuzos Wetlands and Yolaina Mountains.
The lndio Maiz Biological Reserve covers most of the municipality of San
Juan de Nicaragua, part of the municipality of El Castillo and of the area of
Bluefields municipality. It covers 3,157 square kilometers of tropical
rainforest, continental wetlands, mangroves, estuaries and marshes. The
extraction of any type of natural resource and any ternporary or permanent
settlement by human populations are prohibited.
Covering an area of 106 square kilorneters within the municipality of San
Carlos, Los Guatuzos Wetlands are part of Los Guatuzos Wildlife Refuge.
This area is formed by flood plains in which herbaceous vegetation and some
palrns are predominant. Because of the wetland characteristics, this zone is
uninhabitable.
With an area of 164 square kilorneters, the Yolaina Mountains are part of the
Cerro Silva Natural Reserve in the municipality of Bluefields. The Kubra,
Torsuani, Mahogany and Montecristo rivers originate in the highlands of this
area, which is dominated by tropical rainforest. The indigenous Rama
consider more than half of this zone as their territory, where the population
obtains most of the goods and services for its survival.
Dedicated to sustainable development, the Buffer Zone is divided according to
its characteristics into a Land Area, Marine1Coastal Area and River Area:
The Land Area covers the central part of the Biosphere Reserve and includes
parts of the municipalities of Bluefields, Nueva Guinea, el Rama, El Castillo
and San Carlos.
The Marine 1 Coastal Area includes a strip of Caribbean Sea that is three
nautical miles wide, extending from the border with Costa Rica to Bluefields
Bay and containing marine, estuary, coastal, reef, marsh and mangrove
ecosystems. This is a living space for Rama, Garifona and Mestizo
communities in the region.
The River Area fully covers the San Juan River Wildlife Refuge. It is a plain
with deltas, low river dikes, swamps and sand bars that, due to the high
precipitation, remain saturated with water.
301The Transition Zone covers an area of 5,146 square kilometers and hosts a
population of 160,000. ltincludes the municipalities of Morrito, San Miguelito,
El Almendro, Nueva Guinea and El Rama. The zone has little forest coverage but
rather is dominated by pastureland, basic grain cropland and sorne remuants of
forest that lack timber of any significant commercial value.
In the administration of these areas, the objective is to strengthen municipal
government capacities to control local-level investment processes. It includes the
promotion of and support for the preparation of strategie municipal development
plans and land use plans in each of the municipalities.
302 ANNEX48
Army of Nicaragua; "Action Plan for Issuance of Departure
Clearance Certificates in then Juan River"
5 July 2001 ARMY OF NICARAGUA
Headquarters
Managua, July 5, 2001
GDEMG0392-0l
COMMANDER-IN-CHIEF OF THE NA VAL FORCE
CHIEF OF THE SOUTHERN MILITARY DETACHMENT
Fellow Chiefs:
As per instructions from themmander~in- Chaoref,eneralOmar
Halleslevens Acevedyou are hereby advised to comply with the attached
Action Plan for Issuance of Departure Clearance Certificates in the San Juan
River.
Having nothing more in this respect, I salute you.
Sîncerely,
Assistant to the Commander-in-Chief
(Signed)
RUBY SAAVEDRA CARCAMO
Major
[Seal:] ARMY OF NICARAGUA
ASSISTANT TO THE
COMMANDER-IN-CHIEF
CENTRAL AMERICA
305 ACTION PLAN FOR ISSUANCE OF DEPARTURE CLEARANCE
CERTIFICATES IN THE SAN JUAN RIVER
1. Vessels navigating in between the Military Control Posts over the San Juan
River shall be issued a courtesy departure clearance certificate.
2. The vessels and Nicaraguans whose domicile is close to the bank of the San
Juan River and Costa Ricans whose domicile is located in the adjacent
proximities shall be issued a courtesy departure clearance certificate, which
shall be valid for one month and must be renewed one day before the
expiration date. These shall report to the Military Controlosts located along
the San Juan River.
3. The Port Captaincy in San Juan del Norte is hereby authorized to issue
international departure clearance certificatesto tourist vessels at a cost of
US$ 10.00 (ten dollars). These certificates may be issued by the Military
Control Posts in Boca de Sarapiqui and El Delta only where vessels attempt
to evade the Port Captaincy.
4. Departure clearance certificates by the Port Captaincy in San Carlos shall be
issued as is customary.
5. Costa Rican vessels domiciled inland in Costa Rican territory that use the
San Juan River as a transit route shaH be issued an international departure
clearance certificate in San Juan del Norte, subject to a symbolic fee
equivalent toUS$ 5.00 (five dollars).
6. AH vessels navigating over the San Juan River shall fly the flag of the
Republic of Nicaragua. If vessels have no flagpole, they shall fly the flag in
the stem turret,f they have one.
7. As a measure for protecting human life and safe navigation, navigation over
the San Juan River remains suspended between 5PM and 5AM.
8. National vessels must display their name and identification number as
required by the Water Transportation Directorate of the Ministry of
Transportation and Infrastructure.
9. The Chiefs of the Naval Force and the Southem Military Detachment [shall]
organize training seminars for the personnel located in the Port Captaincies
of San Juan del Norte, San Carlos and in the Border Posts along the San Juan
River.
306 ANNEX49
Costa Rica, "Basis for the formation of a Company, named the
Sarapiqui Company... ," 27 October 1851.
Source: Reply to the Argument of Nicaragua on the Question of
the Validity or Nullity ofthe Treaty ofLimits of April15, 1858, to
be decided by the President of the United States of America as
Arbitrator.Washington, Gibson Bros., 1887. Document No. 26,
pp. 144-146). (-144-)
No. 26
Bases for the formation of a Company, named the Sarapiqui Company, for the
opening of a roadfrom San Jose to the Sarapiqui river, andfor the navigation of
the said river, in arder that the exportations of Costa Rica may be made through
the San Juan river.
JUANRAFAEL MoRA,President of the Republic of Costa Rica:
Taking into consideration:
1st, that the prosperity of the country being based upon agriculture and
commerce, it is of the highest importance to improve those two great fountains of
wealth in order that they may improve day by day and reach perfection.
2d. That one of the best means of reaching the end indicated is to lay out
convenient and short roads leading to the ports on both oceans.
3d. That at present the Republic owns a very good road on the Pacifie that can
be improved; and that there is none on the side of the Atlantic, although such a
one has been demanded for a long time by the urgent interest of the Costa Rican
people.
4th. That several schemes, surveys, and examinations have been undertaken
FOR THE LAST 30 YBARS AT DIFFERENT TIMES by several citizens of the
nation in order to accomplish such a desired purpose.
5th. That subsequently to the said attempts the discovery was made of the
means of building a road giving easy access to the SARAPIQUi RIVER, WHICH
IS NAVIGABLE, AND EMPTIES INTO THE SAN JUAN RIVER, WHIOH IN
ITS TURN EMPTIES INTO THE NORTHERN SEA, where there is a good port
known and frequented by aHcommercial nations.
6th. That the Government, yielding to the general clamor, and taking advantage
of that discovery, gave the proper authority, for a formai survey, and for the
BUILDING OF THE ROAD, and appropriated for that purpose a portion of the
revenue de-
(-145-)
309voted to roads; and that the said formai survey proved to be successful, and also
that the work began, but could not be completed, for want ofmeans.
7th. That if the necessity of such an easy way of communication to the Atlantic
has heretofore been imperious, now it is still more urgent, owing to the increase
of the population and industry of the country, as shown by statistics.
8th. And, finally, that the frequency of relations of this country with foreign
States, is conducive to immense benefit for its wealth and civilization, and
anticipates a great and flattering future for the Republic, I have been pleased to
decree, and do hereby decree, as follows:
Article 1. Due authority is given for the organization in this country of a Costa
Rican Company, to be known as the Sarapiquî Company, consisting of twenty
responsible members, and having a capital of $80,000, divided into shares of
$3,000 for each partner; the said capital to be increased hereafter, ifnecessary.
Article II. This company shall have for its object the building of a substantial
carriage road, within the period of five years, to be counted from January 1, 1852,
starting from this city, and ending on the wharf of the Sarapiqui river. The width
of this road shall be 40 yards, whenever the topographie conditions ofthe locality
permits it; and itshall be provided with such bridges and other appurtenances as
are necessary for its use and preservation.
Article III. Notwithstanding the provisions of the preceding Article, the
company shall begin by building, as soon as possible, a good road for mules,
which shall be finished within eighteen months, to be counted from the same day,
January 1, 1852.
Article IX. It is hereby granted in favor of the said Company that it shaH collect
during the period oftwenty-five years toll tax oftwo reals (25 cents) for each one
hundred weight of ail domestic merchandise that may be carried over the whole
of the said road, or a part thereof, and four reals
(-146-)
(50 cents) for each one hundredweight of foreign merchandise, of whatever
nature, imported through it
310 Article XVIII. The Company shall have the right for the period of five years of
establishing,if suitable to its interests, STEAM NAVIGATION ON THE
SARAPIQUÎ RIVER, either by itself or by agreement with other companies; and,
in either event, the Government grants to it, for the whole period of the contract
for the road, the right to collecta navigation duty of one Y2cents) on each
one hundredweight of merchandise exported, and two reals (25 cents) for each
one hundredweight of merchandise imported,
Given at the National Palace, at San Jose, on October 27, 1851.
JUAN RAFAEL MORA.
JOAQUIN BERNARDO CALVO,
Secretary of the Interior.
311 ANNEXSO
Costa Rica, Decree No. 14 of 1860,Decree Closing the Moin and
Sarapiquî Ports N.14.
The Senate and House of Representatives of Costa Rica, assembled in
Congress,
DECREE
Art. 1. The port of Moin and the Sarapiqui River are closed to domestic
trade in the Republic.
Art. 2. Customs at both points are abolished, as well as fiscal and military
staff established thereat.
Art. 3. The Executive Branch shall create and organize the necessary
police posts for preventing contraband through those routes.
Art. 4. The Executive Branch shall provide with respect to the political
regime ofMoin as it may deem proper.
To the House of Representatives.
Done at the Sessions Hall, San Jose, on the ninth of July of one thousand
eighteen hundred and sixty. Manuel José Carazo, President. J. S. Ramirez,
Secretary. Francisco Montealegre, Secretary.
Pass to the Executive Branch
House of Representatives. San Jose, nineteenth of July of one thousand
eight hundred and sixty. Julian Volio, President. Demetrio Iglesias, Secretary.
AndrésSaenz, Secretary.
National Palace. San Jose, twenty-fourth of July of one thousand eighteen
hundred and sixty.
Execute.
JOSE MARIA MONTEALEGRE
Secretary of State at the
Ministry of Finance
VICENTE AGUILAR
315 ANNEXSl
Nicaragua, Agreement No. 5, Accession and Ratification of the
Convention on InternationalTrade in Engangered Species of
Wild Fauna and Flora, 23 April1977
Published iLa Gaceta No. 183, 15 August 1977 Whereas:
On the eleventh of June of one thousand nineteen hundred seventy-seven, the
following law was issued:
THE PRESIDENT OF THE REPUBLIC
Makes Known
Toits lnhabitants:
That the National Congress bas ordered the following:
"Resolution No. 47
House of Representatives and Senate of the
Republic of Nicaragua
Resolve:
Only: To approve the "Convention on International Trade in Endangered Species
of Wild Fauna and Flora ttapproved at the Plenipotentiary Conference held in
Washington on February l2h to March zndof 1973, to which the Govemment of
the Republic of Nicaragua has adhered through Executive Order No. 5 of23 April
1977.
This Resolution shall be published in the Official Journal HLaGaceta".
Done at the Sessions Hall of the House ofRepresenta t ivaesa~N. D.,
seventeenth of May of one thousand nine hundred seventy-seven. Luis H. Pail ais
Debayle, President. Maria Helena de Porras, Secretary. Fernando Zelaya
Rojas, Secretary.
To the Executive Branch. The Senate. Managua, N. D., June 8, 1977.A.
SOMOZA. Harry Bodan Shields, Minister of State at the Department of
Foreign Affairs by Law."
320 Whereas:
On the twenty-second of June of one thousand nine hundred seventy-seven the
following Decree was issued:
THE PRESIDENT OF THE REPUBLIC
Decrees:
First: To ratify the Convention on International Trade in Endangered Species of
Wild Fauna and Flora ap~rov byd the Plenipotentiary Conference held in
Washington on February 12llto March 2ndof 1973.
Second: To issue the respective Instrument of Ratification to be deposited with
the Govemment of the Swiss Confederation.
Communicate: PresidentialOffice. Managua, National District, 22 June 1977. A.
SOMOZA. Minister of State at the Department of Foreign Affairs by Law,
Harry Bodan Shields ...
Whereas:
I have hereunto signed and affixed the Great National on this Instrument of
Adhesion, and it has been countersigned by the Minister of State at the
Department of Foreign Affairs for deposit with the Govemment of the Swiss
Confederation.
Done at the Office of the President, Managua, National District, on the twenty
ninth of June of one thousand nine hundred seventy-seven. (s) A. SOMOZA
(L.G.S.N.). Harry Bodan Shields. Minister ofState at the Department of Foreign
Affairs by Law.
321 ANNEX52
Nicaragua, Decree No. 161, Law Creating the Nicaraguan
Tourism Institute, 14 November 1979.
Published inLa Gaceta No. 62, 20 November 1979. Legal Rules of Nicaragua
Matter: Decree-Law
Title: Law Creating the Nicaraguan Tourism Institute
Date of Publication: 11/20179
Gazette No.: 62
Text of the Rule:
LAW CREA TING THE NICARAGUAN TOURISM INSTITUTE
DECREE NO. 161, approved on 14 November 1979
Published in La Gaceta No. 62 of20 November 1979
THE BOARD OF GOVERNMENT OF NATIONAL RECONSTRUCTION
OF THE REPUBLIC OF NICARAGUA
Exercising its powers,
Decrees:
The following:
LAW CREA TING THE NICARAGUAN TOURISM INSTITUTE
Chapter Il
Objectives and Attributions
Article 10. The Tourism Card is hereby created to cover the entry to the country
of tourists over twelve years of age. Children under twelve years of age may be
included in the same tourism card oftheir parents, tutors or custodians.
Chapter VI
Tourists
Article 25. Tourists must obtain special tourism cards or tourist visas to enter the
national territory. Tourism cards shall be subject to the payment of two Central
American pesos or its equivalent in cordobas.
325The issuance, format and use of these cards shall be regulated by the Executive
Branch through the Ministry of Governance, upon consulting the Nicaraguan
Tourism lnstitute, with the objective increasing tourism in the Republic, while
preventing the entry ofundesirable elements into the country.
Article 26. Tourism cards shall be valid for thirty days, extendable to ninety days,
upon prior authorization from the National Immigration and Naturalization
Directorate.
Chapter IX
Final Provisions
Article 39. The present Decree shall enter into force from the dateublication
in any mass media, notwithstanding its subsequent publication in the Official
JournaL
Done at Managua City on the fourteenth of November of one thousand nine
hundred and seventy-nine. "National Liberation Year."
BOARD OF GOVERNMENT OF NATIONAL RECONSTRUCTION.
Violeta B. de Chamorro. Sergio Ramîrez M. Daniel Ortega S. Alfonso Robelo C.
MoisésHassan M.
326 ANNEX53
Nicaragua, Registry No. 3742- RIF 791975, Regulations on the
Issuance,Formant and Use of Special Tourism Cards,
25 May 1993.REGULATIONS ON THE ISSUANCE, FORMAT AND USE OF SPECIAL
TOURISM CARDS
Register No. 3743- RiF 791975 Value C$ 135.00
The Ministry ofGovemance of the Republic ofNicaragua:
Considering the powers conferred by decree No. 21-19, published in the Official
Journal ("La Gaceta") No. 100 on the third of April of one thousand nine hundred
and ninety-one, the following Regulation regarding the issuance, format and use
of the Special Tourism Card is hereby issued.
Art. 1. The purpose of these Regulations is to regulate the issuance, forrns and
use of the Special Tourism Card, hereinafter referred to as "The Card" for
purposes ofbrevity.
Art. 2. Tourists who require a consular visa to enter the national territory may
purchase a Special Tourism Card upon arrivai.
Art. 3. The Ministry of Tourism shall be the Official Nicaraguan Govemment
Agency that will issue "The Card" according to the following format, printed on
an original and two copies with the following characteristics:
1. Name and number of"The Card"
2. Coat ofarrns ofthe Republic ofNicaragua
3. Date of issue
4. First names and surnames of cardholder
5. Sex: F () M ()
6. Country and date ofbirth
7. Nationality
8. Passport No.
9. Occupation
10. Address in Nicaragua
11. Address abroad
12. Point ofEntry
13. Point of Exit
14. Length of stay
15. Signature and seal of the agency
16. Signature of tourist
"The Card" shall contain a blank square space for official use by Immigration and
Naturalization authorities for any pertinent observations.
329Art. 4. Persons older than twelve (12) years old may use "The Card". Use of
"The Card" is restricted for children under twelve (12) years old, unless
accompanied by their parents or tutors, in which case a brief note of cross
reference shall be made in the respective Cards.
Art. 5. "The Card" is a document that substitutes the respective visa, but does
not substitute in any case the presentation of the Cardholder's passport, which
must be valid for no less than six (6) months, nor does it exclude the filling out of
the respective Immigration Controi Card by the Cardholder.
Art. 6. "The Card" may be issued overseas by the respective Nicaraguan
consulates, airlines, travel agencies and tour operators, or by any other tourism
service company authorized by the Ministry of Tourism. The issuer shall sign and
stamp "The Card" to be used.
Art. 7. "The Card" shall be mandatory for nationals from countries with which
Nicaragua has signed a Visa Exemption Agreement.
Art. S. The use of "The Card" by nationals from countries to which Nicaragua
applies immigration and visa restrictions shall not be valid.
Art. 9. "The Card" is a document for persona! use, non-transferable and valid for
one trip.
Art. 10. "The Card" shall be valid for thirty (30) days from the date of issue.
Upon expiration, meaning that once it expires no foreigner may enter the national
territory.
Art. 11. ''TheCard" shaH be valid for a stay of thirty (30) days in the country
from the date of entry of the foreigner to the national territory and may·not be
extended. ·
Art. 12. Tourists entering the country with "The Card" must present it when they
leave Nicaragua.
Art. 13. In case of loss, theft or destruction of "The Card" after entering the
country, tourists must personally report said loss or theft to the Immigration and
Naturalization authoritiesin order to legalize their stay in the country.
Art. 14. Any violations by natural or legal persons shall be punished in
accordance with the relevant laws.
330Art. 15. This Regulation shall enter into force from the date of publication in the
Official Journal "La Gaceta".
Concluded in the city of Managua, on the twenty-fifth of May of one thousand
nine hundred and ninety-three.
Violeta Barrios de Chamorro- President of Nicaragua
Alfredo Mendieta Artola- Minister of Govemance
331 ANNEX54
Political Constitution of the Republic of Nicaragua of 1987 and its
Reforms
Articles 92 and 130 POLITICAL CONSTITUTION OF NICARAGUA
(..)
ARTICLE 92. [Army of Nicaragua)
The Army of Nicaragua is the armed institution for the defence of sovereignty,
independence and territorial integrity.
Only in exceptional cases, the President of the Republic, in the Council of
Ministers, in support of the National Police, may order the intervention of the
Nicaraguan Anny when the stability of the Republic is threatened by great
internai disorders, calamities or natural disasters.
The establishment of foreign military bases in the national territory is prohibited.
The transit or stationing of foreign military ships, aircraft and machinery may be
authorized for humanitarian purposes, always provided that such authorization is
requested by the Government of the Republic and ratified by the National
Assembly.
*Article amended by Law N° 192 of 1995.
Article 130. [Social State of Law. Principle of legality and probity.
Immunity]
The Nicaraguan nation is constituted in a Social State of Law. No appointment
grants, to that who exercises it, additional functions than those conferred to by the
Constitution and the laws.
All govemment officiais from the State must provide an accounting of his or her
assets before assuming a position and after the term is completed. The law
regulates this matter.
(..)
335 ANNEX 55
Nicaragua, Law No. 495, General Tourism Law, 2 July 2004.
Published in La Gaceta No. 184, 22 September 2004. Legal Rules of Nicaragua
Matter: Tourism
Status: Laws
GENERAL TOURISM LAW
LAW No. 495, Approved on July 2, 2004
Published in La Gaceta No. 184 on September 22, 2004
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA
Makes known to the people of Nicaragua that
THE NATIONAL ASSEMBLY OF THE REPUBLIC OF NICARAGUA
Exercising its powers,
HASISSUED
The following:
GENERAL TOURISM LAW
Chapter Ill
Structure and Functioning of INTUR
Section 2
Patrimony, Financial Regime and ln come of INTUR
Article 21. Notwithstanding provisions of Chapter IX of Law No. 298 creating
the Nicaraguan Tourism lnstitute, the patrimony and income of INTUR shall
comprise the following:
a) Allocations specified in the General Budget the Republic exclusively for
the integral developmentf tourism.
b) Tariffs collected for the issuance and annual renewal of the Title/ License
paid by tourism service operators.
339c) Tariffs collected on property concessions by the State to establish/install
services.
d) Fines collected in accordance with the present Law and its Regulation.
e) The amount of five dollars (US$5.00), legal tender of the United States of
America, or its equivalent in local currency, at the official exchange rate in
force on the date of payment on account of Tourism Cards. Nationals from
countries with which Nicaragua has signed Visa Exemption Agreements are
excluded.
f) The amount of five dollars (US$5.00), legal tender of the United States of
America, or its equivalent in local currency, at the official exchange rate on
the date of payment for each vehicle that enters the country through any
border post within the national territory.
g) The amount of ten dollars (US$10.00), legal tender of the United States of
America, or its equivalent in local currency, at the official exchange rate in
force on the date of payment for each microbus that enters the country
through any border post within the national territory.
h) The amount offifteen dollars (US$15.00), legal tender ofthe United States
of America, or its equivalent in local currency, at the official exchange rate
in force on the date of payment for each bus that enters the country through
any border post within the national territory.
i) The amount of three dollars (US$3.00), legal tender of the United States of
America, or its equivalent in local currency, at the official exchange rate in
force on the date of payment for each passenger that leaves the country
through any border post within the national territory, except through the
national airport, for which US$32.00 shall be paid in airport taxes.
Airline, ship and international tourism bus crews, diplomats, nationals from
CA-4 countries and holders of diplomatie passports, national or foreign, are
exempted from the payment or amounts set forth in subparagraphs f), g) and
h).
j) Four percent (4%) of total invoicing of tourism service providers,
originating from the 15% VAT collected from this sector. This percentage
may be revised each year on the basis of the levels of collection and needs
ofiNTUR.
340k) Five percent (5%) of total invoicing of airline tickets for any class of
international travel, and those originating in Nicaragua that are sold abroad,
originating from the 15% VAT collected in accordance with the pertinent
law. Subparagraphs j) and k) shaH be applicable six (6) months after the
present Law takes effect. The Ministry of Finance and Public Credit, in
coordination with the General Income Tax Directorate and the Nicaraguan
Tourism Institute, shall develop the necessary mechanisms of coordination
to optimize tax collection and direct the resources established in this article.
INTUR shaH submit an income and expense statement each year in the
month of September.
Final Provisions
Article 98.The present Law shaHenter into force from the date of publication in
the Official Journal La Gaceta.
Done at the Sessions Hallof the National Assembly in the city of Managua on the
second of July of two thousand and four. CARLOS NOGUERA PASTORA,
President of the National Assembly. MIGUEL LOPEZ BALDIZON, First
Secretary of the National Assembly.
Therefore: Be it enactedas a law of the Republic. Be it published and executed.
Managua, seventeenth of September of two thousand and four. ENRIQUE
BOLANOS GEYER, President ofthe Republic of Nicaragua.
341 ANNEX56
Nicaragua,Presidential Decree No. 57-2005, 31 August 2005 Decree No. 57~2005
The President of the Republic of Nicaragua
Exercising the powers conferred upon him by the Political Constitution
HASISSUED
The following
DECREE
Art.l For the pm-poses of visa exemption and mandatory visas, three
categories are established in accordance with the origin and nature
the travel document:
Category "A"- Exempted from the visa requirement
Category "B" - Consular visa or no consultation required and
Category "C"- Consulted visa
Art. 2 Nationals from the following countries, comprising Category "A'\
holding any type of passport, shaH not require a visa to enter the
national territory:
Country Country Country
Germany Barbados Cyprus
Andorra Belgium Republic of South Korea
Antigua and Barbuda Belize Costa Rica
Argentina Brazil Croatia
Australia Brunei-Darussalam Denmark
Austria Bulgaria Slovakia
Bahamas Canada Slovenia
Spain
Bahrain Chile
United States of Macedonia San Marino
America
Estonia Madagascar St. Vincent and Grenadines
Finland Malaysia Saint Lucia
France Malta Holy See (Vatican City)
Greece Mexico St. Thomas and Prince
Islands
Hungary Monaco Singapore
Ireland Norway South Africa
345lceland New Zealand Sweden
Israel Panama Switzerland
Ital Paraguay Trinidad and Tobago
Marshall Islands Po land Turkey
Solomon Islands Portugal Tuvalu
Japan Qatar Taiwanese Republic of
China
Kuwait The Netherlands (Rolland) Uruguay
Letonia (Latvia) United Kingdom of Great Vanuatu
Britain and Northem
Ireland
Special Administrative
Regions of the People's
Republic of China
Hong Kong. Those
originatîng from other
British territories shall not
require a visa. (A)
Lichtenstein Czech Republic Venezuela
Lithuania Romania International Organizations
(OAS, UN, European
Commission)
Luxemburg St. Kitts & Nevis
Art. 3 Nationals from the following countries, compnsmg Category "B"
according to type of passport, shall require a consular visa to enter the
national territory:
Country ORDINARY DIPLOMATIC, OFFICIAL
PASSPORT AND SERVICE PASSPORT
Saudi Arabia Consular VISa or no Consular visa or no consultation
consultation required required
Azerbaijan Consular VISa or no Consular visa or no consultation
consultation required required
Relarus, Republic Consular visa or no Visa exempted
of consultation required
Benin Consular visa or no Consular visa or no consultation
consultation required required
Bhutan Consular VISa or no Consular visa or no consultation
consultation required required
Bolivia Consular visa or no Visa exempted
346 consultation required
Burkina Faso Consular VISa or no Consular visa or no consultation
consultation required required
Burundi, Consular ViSa or no Consular visa or no consultation
Republic of consultation required required
Cape Verde Consular VISa or no Consular visa or no consultation
consultation required required
Cambodia Consular visa or no Consular visa or no consultation
consultation required required
Cameroon Consular VISa or no Consular visa or no consultation
consultation required required
Chad Consular VISa or no Consular visa or no consultation
consultation required required
Colombia Consular VISa or no Visa exempted
consultation required
Comoros Consular VISa or no Consular visa or no consultation
consultation required required
Ivory Coast Consular VISa or no Consular visa or no consultation
consultation required required
Djibouti Consular visa or no Consular visa or no consultation
consultation required required
Dominica Consular visa or no Visa exempted
consultation required
Ecuador Consular VISa or no Visa exempted
consultation required
Egypt, Arab Consular VISa or no Visa exempted
Republic of consultation required
United Arab Consular visa or no Consular visa or no consultation
Emirates consultation required required
Fiji Consular VISa or no Consular visa or no consultation
consultation required required
Philippines Consular visa or no Consular visa or no consultation
consultation required required
Gabon Consular VISa or no Visa exempted
consultation required
Gambia Consular visa or no Consular visa or no consultation
consultation required required
Georgia Consular visa or no Consular visa or no consultation
consultation required required
Granada Consular VISa or no Visa exempted
consultation required
Guinea Consular visa or no Consular visa or no consultation
347 consultation required required
Guinea-Bissau Consular visa or no Consular visa or no consultation
consultation required required
Equatorial Consular VISa or no Consular visa or no consultation
Guinea consultation required required
Guyana Consular visa or no Visa exempted
consultation required
Jamaica Consular visa or no Visa exempted
consultation required
Kazakhstan Consular visa or no Consular visa or no consultation
consultation required required
Kenya Consular VISa or no Visa exempted
consultation required
Kyrgyzstan Consular VISa or no Consular visa or no consultation
consultation required required
Kiribati Consular visa or no Consular visa or no consultation
consultation required required
Lesotho Consular VlSa or no Consulat visa or no consultation
consultation required required
Malawi Consular VISa or no Consular visa or no consultation
consultation required required
Maldives Consular VlSa or no Consular visa or no consultation
consultation required required
Morocco, Consular VISa or no Visa exempted
Kingdom of consultation required
Mauritius
Consular VISa or no Consular visa or no consultation
consultation required required
Mauritania Consular VISa or no Consular visa or no consultation
consultation required required
Micronesia Consular VISa or no Consular visa or no consultation
(Federal States) consultation requîred required
Moldova, Consular VISa or no Consular visa or no consultation
Republic of
consultation required required
(Moldova)
Myanmar, Union Consular visa or no Consular visa or no consultation
of consultation required required
Namibia Consular visa or no Consular visa or no consultation
consultation required required
Nauru Consular VISa or no Consular visa or no consultation
consultation required
required
Niger Consular visa or no Consular visa or no consultation
consultation required required
348Palau Consular VISa or no Consular visa or no consultation
consultation required required
Papau New Consular visa or no Visa exempted
Guinea consultation required
Peru Consular visa or no Visa exempted
consultation required
Consular or no Consular visa or no consultation
Central African visa
Republic consultation required required
Dominican Consular VISa or no Visa exempted
Repub consultation required
lie
Rwanda Consular visa or no Consular visa or no consultation
consultation required required
Russian Consular visa or no Visa exempted
Federation consultation required
Samoa Consular vtsa or no Consular visa or no consultation
consultation required required
Senegal Consular visa or no Consular visa or no consultation
consultation required required
Country ORDINARY DIPLOMATIC, OFFICIAL
PASSPORT AND SERVICE PASSPORT
Serbia and Consular VISa or no Visa exempted
Montenegro consultation required
(formerly
Federative
Republic of
Yugoslavia)
Seychelles Consular visa or no Consular visa or no consultation
consultation required required
Suriname Consular VISa or no Visa exempted
consultation required
Swaziland Consular VISa or no Consular visa or no consultation
consultation required required
Thailand Consular vtsa or no Consular visa or no consultation
consultation required required
Tanzania, United Consular VISa or no Consular visa or no consultation
Republic of consultation required required
Tajikistan Consular VISa or no Consular visa or no consultation
consultation required required
Togo Consular visa or no Consular visa or no consultation
consultation required required
349Tonga Consular visa or no Consular visa or no consultation
consultation required required
Tunisia Consular VlSa or no Consular visa or no consultation
consultation required required
Turkmenistan Consular vtsa or no Consular visa or no consultation
consultation required required
Ukraine Consular vtsa or no Visa exempted
consultation required
Uganda Consular vtsa or no Consular visa or no consultation
consultation required required
Uzbekistan Consular VlSa or no Consular visa or no consultation
consultation required requîred
Zambia Consular VlSa or no Consular visa or no consultation
consultation required required
Zimbabwe Consular vtsa or no Consular visa or no consultation
consultation required required
Art. 4 Nationals from the following countries, comprîsing Category "C"
according to type of passport, shall require a consulted visa to enter the
national territory: ·
COUNTRY ORDINARY DIPLOMATIC, OFFICIAL
PASSPORT AND SERVICE PASSPORT
Afghanistan, Islamic Consulted visa Consulted visa
State
Albania Consulted visa Consulted visa
Angola, Republic of Consulted visa Consulted visa
Algeria Consulted visa Consulted visa
Armenia Consulted visa Consulted visa
Eritrea Consulted visa Consulted visa
Bangladesh, People's Consulted visa Consulted visa
Republic of
Bosnia and Herzegovina, Consulted visa Consulted visa
Republic of
Botswana Consulted visa Consulted visa
China, People's Republic Consulted visa Consulted visa
of
Congo Consulted visa Consulted visa
Congo, Democratie Consulted visa Consulted visa
Republic of
Korea, People's Consulted visa Consulted visa
Democratie Republic of
350(North Korea)
Cuba Consulted visa Visa exempted
Ethiopia Consulted visa Consulted visa
Ghana Consulted visa Consulted visa
Haiti Consulted visa Consular visa or no consultation
required
India Consulted visa Consular visa or no consultation
required
Indonesia Consulted visa Consular visa or no consultation
required
Iraq, Republic of Consulted visa Consulted visa
Iran, Islamic Republic of Consulted visa Consulted visa
Jordan, Hashemi te Consulted visa Consulted visa
Kingdomof
Laos, Democratie Consulted visa Consulted visa
People's Republic of
Lebanon Consulted visa Consulted visa
Liberia Consulted visa Consulted visa
Libya (Great Socialist Consulted visa Consulted visa
People's Libyan Arab
Jamahiriya)
Mali Consulted visa Consulted visa
Mongolia Consulted visa Consulted visa
Mozambique Consulted visa Consulted visa
Nepal
Consulted visa Consulted visa
Nigeria, Federal Consulted visa Consulted visa
Republic of
Oman Consulted visa Consulted visa
Pakistan, Islamic Consulted visa Consulted visa
Republic of
Sierra Leone, Republic Consulted visa Consulted visa
of
Syria, Arab Republic of Consulted visa Consulted visa
Somalîa, Democratie Consulted visa Consulted visa
Republic
Sri Lanka, Socialist Consulted visa Consulted visa
Democratie Republic of
Sudan, Republic of Consulted visa Consulted visa
East Timor Consulted visa Consulted visa
Vietnam Consulted visa Consulted visa
Palestinian Authority, Consulted visa Consulted visa
Carrying valid passport
351 or other travel document
issued by the Palestinian
Authorîty
Entities or Territorial VALID PASSPORT OR OTHER
Authorities Not TRAVEL DOCUMENT
Recognized as States
Saharawi Democratie Arab Consulted visa
Republic
Art. 5 Nationals from the countries mentioned in the foregoing article shall
require a visa authorized by the Immigration and Naturalization General
Directorate to enter the national territory after complying with the
requirements established under the law.
Art. 6 Visa Exemption Agreements signed by the Republic of Nicaragua with
other States shall remain in force, as weil as those signed by the United
Nations and the Organization of American States.
Art. 7 The Ministry of Foreign Affairs and the Ministry of Governance shaH be
responsible for the execution this Decree through the Immigration and
Naturalîzation General Directorate.
Art. 8 The present Decree repeals Decree No.4-2001, published in the Official
Journal La Gaceta No. 189 of 5 October 2001 and shall enter into force
from the datef publication in the Official Journal La Gaceta.
Done in the city ofManagua, Presidential Office, on the thirty-first of August of
two thousand and five.
ENRIQUE BOLANOS GEYER
PRESIDENT OF THE REPUBLIC
Julio Vega Pasquier
Minister of Govemance
352 ANNEX57
Ministry of the Environment and Natural Resources Ministerial
Resolution No. 029-2006, including the almendro tree (Dipteryx
Panamensis) in the Nicaraguan Closed Season System of Wild
Species inthe List oflndefinite National Closed Seasons, 16 June
2006
Published in La Gaceta, No. 141, 21 July 2006 THE MINISTRY OF THE ENVIRONMENT
AND NATURAL RESOURCES
Reg. No. 10136- M. 1855708- Value C$215.00
MINISTERIAL RESOLUTION No. 029-2006
The Ministry of the Environment and Natural Resources:
WHEREAS
1
That it is the duty of the State and aUits inhabitants to oversee the conservation
and exploitation of national biological diversity and genetic materials.
II
That for compliance of this duty by the State, specifically for the purpose of
safeguarding biological diversity, numeral 1 of Article 71 of Law 217, General
Law of the Environment and Natural Resources; and Article 47 of Decree 9-96,
Law 217 Regulation, grant competence to the Ministry of the Environment and
Natural Resources to establish a System of Closed Seasons for the purpose of
safeguarding and protecting Biological Diversity.
III
That the System of Closed Seasons should group and harmonize the set of
principles and provisions of which it is composed, as well as environmental and
climatic conditions, seasons and zones in which the cycles of reproduction and
recruitment of the different populations occur, so as to allow for effective
conservation and sustainable use of wildlife species and their habitats.
IV
That the closed season is the instrument restricting and regulating the use of a
determined species in times and territories where there evidence or indication
that said species is being threatened by anthropogenic factors, such hunting,
capture or extraction in the natural environment, regardless of the intended
purpose.
355 v
That the closed season system is an instrument that allows national citizens,
institutions and organizations to participate in the protection, conservation and
sustainable use of wildlife species, without any limitation other than the
observation of the principles and provisions ofwhich it is composed.
VI
That since 2001, intensive commercial activity has been carried out by timber
merchants and exporters, mainly to export the wood of the almendro tree
(Dipteryx panamensis), which has put strong pressure on this species given its
high demand in neighbouring countries.
VII
That the almendro tree (Dipteryx panamensis) is under great pressure due to
illegal trade inan inaccessible border zone, which favours this type of illegal
activîty.
VIII
That another factor threatening the survival of this species is felling, slashing and
buming practices by settlers in agricultural and livestock activities, as weil as
migratory agriculture.
IX
That the almendro tree (Dipteryx panamensis) has great ecological value given
that the almond fruit represents up to 80% of the food consumed by the great
green macaw (Ara ambigua), a species listed as endangered in Appendix I of
CITES, during the critical nesting season. Further, 90% of the nests of the great
green macaw are located in the almendro trees, making it the main habitat for this
singular species.
Therefore, in use of its powers
356 RESOLVES:
To include the almendro tree (Dipteryx Panamensis) in the Nicaraguan
Closed Season System of Wild Species in the List of lndefinite National
Closed Seasons.
Article 1. Purpose. The purpose of this Ministerial Resolution is to include the
almendro tree (Dipteryx Panamensis) in the Nicaraguan Closed Season System of
Wild Species in the List of Indefini te National Closed Seasons.
Article 2. Scope of Application. This ministerial resolution shaH apply to ali
natural and legal persons, national and foreign, throughout the national territory.
Article 3. Enforcing Authority. The enforcing authority of this Ministerial
Resolution is the Ministry of the Environment and Natural Resources, through its
Territorial Delegations, in coordination with the respective Municipal
Govemments, the National Forestry Institute and other pertinent authorities.
Article 4. The present Resolution shall take effect on the date of publication in
any newspaper of national circulation, notwithstanding its subsequent publication
in the Official Journal Gazette.
Done at the city of Managua, Nicaragua, on the sixteenth day of June of two
thousand and six. Crist6bal (Tito) Sequeira, Minister.
357 ANNEX58
The New Pocket Dictionary, of the Spanish and English
Languages. London, 1809.
[Extracts: Comercio/Trade] (-167-)
(...)
Comércio, s.m. Trade, commerce, traffic; communication, intercourse; exchange.
(...)
(-409-)
(...)
Trade, n. Trato, comercio, oficio.
(...)
361 ANNEX59
Royal Spanish Academy Dictionaries of the 19thCentury
[Extracts]
a) Royal Spanish Academy, Dictionary of the Castillan Language.
Fourth Edition. Madrid, Viuda de Ibarra, 1803
b) Royal Spanish Academy, Dictionary of the Castillan Language.
Fifth Edition. Madrid, lmprenta Real, 1817
c) Royal Spanish Academy, Dictionary of the Castilian Language.
Sixth Edition. Madrid, Imprenta Nacional, 1822
d) Royal Spanish Academy, Dictionary of the Castilian Language.
Seventh Edition. Madrid, Imprenta Real, 1832
e) Royal Spanish Academy, Dictionary ofthe Castilian Language.
Eighth Edition. Madrid, lmprenta Nacional, 1837
f) Royal Spanish Academy, Dictionary of the Castillan Language.
Ninth Edition. Madrid, Imprcnta de D. Francisco Maria
Fernandez, 1843
g) Royal Spanish Academy, Dictionary of the Castilian Language.
Tenth Edition. Madrid, Imprenta Nacional, 1852
h) Royal Spanish Academy, Dictionary of the Castilian Language.
Eleventh Edition. Madrid, lmprenta de Don Manuel
Rivadeneyra, 1869
i) Royal Spanish Academy, Dictionary of the Castillan Language.
Twelfth Edition. Madrid, Imprenta de D. Gregorio Hen1ando,
1884
j) Royal Spanish Academy, Dictionary of the Castillan Language.
Thirtecnth Edition. Madrid, Imprenta de los Sres. Hcrnando y
compafiia, 1899 a) Royal Spanish Academy, Dictionary of the Castillan Language. Fourth
Edition. Madrid, Viuda de Ibarra, 1803.
(-210-)
(...)
COMERCIO, s. m. Negociacion y trafico que se hace comprando, vendiendo, 6
pennutando unas cosas con otras. Commercium, mercatura.
(...)
b) Royal Spanish Academy, Dictionary of the Castilian Language. Fifth
Edition. Madrid, Imprenta Real, 1817.
(-216-)
(...)
COMERCIO, s. m. Negociacion y trafico que se hace comprando, vendiendo, 6
permutando unas cosas con otras. Commercium, mercatura.
(...)
c) Royal Spanish Academy, Dictionary of the Castilian Language. Sixth
Edition. Madrid, Imprenta Nacional, 1822.
(-198-)
(...)
COMERCIO, s. m. Negociacion y trafico que se hace comprando, vendiendo, 6
permutando unas cosas con otras. Commercium, mercatura.
(...)
365 d) RoyalSpanish Academy, Dictionary of the Castilian Language. Seventh
Edition. Madrid, Imprenta Real, 1832.
(-181-)
( ..)
COMERCIO, m. Negociacion y trafico que se hace comprando, vendiendo, 6
permutando unas casas con otras. Commercium, mercatura.
(...)
e) Royal Spanish Academy, Dictionaty C?ftheCastilian Language. Eighth
Edition. Madrid, Imprenta Nacional, 1.837.
(-181-)
( ..)
COMERCIO, m. Negociacion y trafico que se hace comprando, vendiendo, 6
permutando unas casas con otras. Commercium, mercatura.
( ..)
f) Royal Spanish Academy, Dictionary of the Castilian Language. Ninth
Edition. Madrid, Imprenta de O. Francisco Maria Fernandez, 1843.
(-176-)
( ..)
COMERCIO, m. Negociacion y trâfico que se hace comprando, vendiendo, 6
permutando unas cosas con otras. Commercium, mercatura.
( ..)
366 g) Royal Spanish Academy, Dictionary of the Castilian Language. Tenth
Edition. Madrid, Imprenta Nacional, 1852.
(-170-)
(..)
COMERCIO, m. Negociacion y trâfico que se hace comprando, vendiendo, 6
permutando unas cosas con otras. Commercium, mercatura.
( ..)
h) Royal Spanish Academy, Dictionary of the Castilian Lan&ruage.Eleventh
Edition. Madrid, Imprenta de Don Manuel Rivadeneyra, 1869.
(-188-)
(..)
COMERCIO, m. Negociacion y tnifico que se hace comprando, vendiendo, 6
pennutando unas cosas con otras.
(..)
i) Royal Spanish Academy, Dictionmy of the Castilian Language. Twelfth
Edition. Madrid, Imprenta de D. Gregorio Hemando, 1884.
(-262-)
(..)
COMERCIO. (Del lat. commercium; de cum, con, y merx, mercancia.) m.
Negociacion y tnifico que se hace comprando, vendiendo, 6 pennutando unas
cosas con otras.
(..)
367 j) Royal Spanish Academy, Dictionary of the Castilian Language.
Thirteenth Edition. Madrid, Imprenta de los Sres. Hernando y compafiia,
1899.
(-244-)
(..)
COMERCIO. (Del lat. commercium; de cum, con, y merx, mercancia.) m.
Negociacion y trafico que se hace comprando, vendiendo, 6 permutando unas
cosas con otras.
(..)
368 ANNEX60
Mariano Velazquez de La Cadena, A Dictionary of the Spanish
and English Languages. New York: D. Appleton and Company.,
1858. [Extracts] (-106-)
(..)
Comercio, am. Trade, commerce; commercial community; communication, inter
course; game at cards.
(..)
(-805-)
(..)
Trade, a. Comercio, trafico; negocio, trato; ocupaci6n, oficio, ejercicio.
(..)
371 ANNEX61
Porter, Noah ed. Webster's Revised Unabridged Dictionary of the
English Language. Springfield, MA: G.C. Merriam Company,
1913. [Extracts] (-58-)
(..)
Mer'chant-man (-man), n.; pl. Merchantmen ('men)
l. A merchant. [obs.] Matt.xiii.45.
2. A Trading vessel; a ship employed m the transportation of goods, as
distinguished from a man-of-war.
375 ANNEX62
Royal Spanish Academy. Dictionary of the Castilian Language.
Fourteenth Edition. Madrid: Imprenta de los Sucesores de
Hernando, 1914. [Extracts] (...)
Buque. (Del germ. buk, vientre.) m. Cabida// 2 Mar. Casco de la nave.// 3 Mar.
Barco con cubierta, que por su tamafio, solidez y fuerza es adecuado para
navegaciones o empresas marîtimas de importancia// a la carga, Mar. El que esta
en el puerto esperado cargamento.// de cabotaje. Mar. El que se dedica a esta
especie de trafico //de cruz. Mar. El que lleva velas cuadradas, cuyas vergas se
cruzan en angulo recto sobre los ârboles o mâstiles. Il de guerra. Mar. El del
Estado, construido y armado para usos militares. Il de hélice.Mar. El de vapor,
que se mueve portal medio.// de pozo. Mar. El que no tiene cubierta sobre la de la
bateria.// de ruedas. Mar.El de vapor que a cada costado lleva la suya, o bien una
sola en la popa//. de torre. Mar.El que lleva sobre cubierta una especia de torre o
cilindro fonnado de plancha de hiero, para que desde dentro funcione un gran
cafi6n giratorio o pueda el jefe, sin riesgo, mandar la maniobra.// de transporte.
Mar. El del Estado, empleado en la conducci6n de hombres o efectos de guerra.//
de vapor. Mar.El que se mueve a impulse de una maquina o mas de esta especie,
sea con ruedas o con hélice.Il de vela. Mar. El que aprovecha con cualquier
aparejo la fuerza del viento. // en lastre.Mar. El que navega sin carga util. Il en
rosca. Mar. El que esta acabado de construir, sin aparejo ni maquinas, y con solo
al casco. Il mercante. El de persona o empresa particular, y que se emplea en la
conducci6n de mercancias. Il mixto. Mar. El que utiliza la fuerza del viento y del
vapor, ordinariamente con mâquinas de hélice.//submarino. Mar. El de guerra
que puede corearse herméticamente,sumergiese a voluntad con su tripulaci6n y
por medio de una maquina eléctrica, navegar dentro del agua para hacer
reconocimientos en los buques enemigos y lanzarles torpedos.
(...)
379 ANNEX63
Letter from Mr. Neil Johnstone, Director of Language Services
and Documentation Division of the World Trade Organization to
Ambassador Alicia Martin, Permanent Representative of the
Republic of Nicaragua to the Office of the United Nations,
Geneva, 12 October 2006 World Trade Organization
Direct Line: (+41 22) 739 5228
Direct Fax: (+41 22) 739 5793
Email: [email protected]
Her Excellency Mrs. Alicia Martin
Ambassador
Permanent Representative of the Republic ofNicaragua
to the Office of the United Nations
and other International Organizations in Geneva
Rue d Vermont 37-39
1202Geneva
Div. Reference: sa_Ol
Reg. Reference:
12OCT. 2006
Your Excellency Mrs. Ambassador:
I have the pleasuref replying to your kind note of September 19hof this year.
With regards to question, we have not found at the Organization original texts in
Spanish where the expression "objetos de comercion was translated to English.
However, we can indicate phrases in English that have been translated to Spanish
with the phrases "objetos de comercio", to wit: "articles of trade" an~wares"
(for example, in the documents WT/DS/236/R, WT/DS/257/R and
WT /DS/2571ABR)
Furthermore, in the 19thcentury, the English expressions "abjects of trade" and
"articles of trade" were used to describe goods or articles that were object of
trade.
Hoping this information will be useful for you, I take this opportunity to reiterate
the assurancesof my highest and distinguished consideration.
[Signed]
Neil Johnston
Director
383 Language Services and Documentation Division
Centre William Rappard Rue de Lausanne 154 Case postal CH - 1211 Genève21
Téléphone:(+41 22) 739 51 Il Fax: (+41 22) 731 42 06
384 ANNEX64
Formai Opinion of Dr. Manuel Seco Reymundo of the Royal
Spanish Academy
2 May 2008
a) English translation of Opinion and C.V. of Dr. Seco
b) Spanish originalf Opinion of Dr. Seco Opinion on the phrase "con objetos de comercio"
in the text of the Border Treaty between Costa Rica and Nicaragua
signed on Apri115, 1858
By
Manuel Seco Reymundo, of the Spanish Royal Academy
1. At the request of the Agent of the Republîc of Nicaragua before the
International Court of Justice, Ambassador Carlos Argüello G6mez, I present my
opinion on the proper interpretation of the phrase, ''conobjetos de comercio,"
which appears in Article VI of the Border Treaty between Costa Rica and
Nicaragua signed on AprillS, 1858.
2. I have read the entire text of the Treaty, in both its printed and handwritten
versions, without finding any difference between them. Article VI reads as
follows, verbatim:"La Republica de Costa Rica tendrâ en dichas aguas [del Rio
San Juan] los derechos perpetuas de libre navegaci6n, desde la expresada
desembocadura hasta tres millas inglesas antesde llegar al Castillo ViejCON
OBJETOS DE COMERCIO ya sea con Nicaragua o al interior de Costa Rica". The
debate is over the exact meaning of the words in question, which an official
version in English translates a"FOR PURPOSES OF COMMERCE", or rather, 'con
fines comerciales.'
3. In order to determine the proper reading, I began by reviewing the meanings
that a selection of Spanish dictionaries identify for the OBJETO. In listing
them, I am omitting meanings that are irrelevant to this case.
a) SPANISH ROYAL ACADEMY , ictionary called Authoritative (V, 1737):
[1] "What is perceived with one of the senses, or something on which the
senses are exercised." [2] ''Theend or purpose ofacts of the facul(3)s."
"The purpose or intent toward which something is directed or aimed"
[quoting a passage from Solis, Hist. Nuev. Esp.: "With no dejinite purpose
[objeto] , not knowing where the gratifying obscurity of his hopes were
calling him"]. [4] "The subject matter or topic of a science; as in the
subject [objeto] ofTheology, whichs God."
b) SPANISH ROYALACADEMY D, ictionary of the Spanish Languag22nd
edition (2001): 1. "Anything that may be known or sensed by an
individual, including the individual himself." 2. "That which serves as
subject matter or topic when exercising the mental faculties." 3. "End or
purpose of acts of the faculties." 4. "Purpose or intent toward which an
387 action or operation is directed or aimed." 5. "Subject matter or topic
addressed by a science or fieldofstudy." 6. "Thing."
c) ESTEBAN DE TERREROS ,panish Dictionary (II, 1787): [1] "That which
we see, watch, love, imagine, etc." [2) "Subject [objeto] of a science,
examination, etc." [31"See Purpose, goal" [Purpose, "the ultimate cause,
which makes us work to achieve it''].
d) MARÎAMOLINER, Dictionary of Spanish Usage, 3rdedition (2007): 2.
"Thing. • In particular, tangible thing, especially one not large in size....
'A paperweight is an abject [objeto] placed on papers to prevent them
from moving." • (pl.) With the meaning of "implements" or ''effects," its
use is preferred in sorne cases over "things": 'Writing implements
[objetos]'..."4. "With respect to an action, a mental operation, a feeling,
etc., thingof any type, physical or spiritual, tangible or intangible, real or
imaginary, abstract or concrete, toward which they are directed or on
which they are exercised: 'You are the abject [objeto] of his attacks. The
abject [objeto] of his concern. The abject [objeto] of his admiration.' •
Thing with which a document, conversation, conference, etc. deals: 'The
subject [objeto} of the speech.'" 5. "Thing sought in doing something:
'The purpose [objeto] of the meeting. The purpose [objeto] for having
ca/led them. Thepurpose [objeto}for which we are gathered here.'"
e) MANUELSECO,OLIMPIAANDRÉSand GABINORAMOS, Dictionary of
Modern Spanish (1999): l. "Material thing perceivable by the senses"
(Alvarado, Anatomy, 87: "The functioning mechanism of the eye diflers
from that of a photographie deviee in the way that itfocuses on the abjects
[objetos] thal one wishes to see"). lb. "Solid and inert thing" (Arce,
Testament, 84: "He had something in his hands that gleamed. He seemed
ta be quite absorbed in the abject [objeto} that he was cleaning ... with the
handkerchief'). 2. "Thing that an action attempts to achieve or at which it
is aimed" (Medio, Bibiana, 255: "Bibiana doesn't have the slightest idea
what the purpose [objeto] of the demonstration is."). 3. "Person cir thing
with which [something (object of possession)] deals." (Gambra,
Philosophy, 15: '.'Eachscience starts out from severa/ postulates or
axioms, ..., and abides by them to deal with its subject [objeto}"). 3b.
"Person or thing that receives [an act (object of possession]" (Caro Baroja,
lnquisitor, 48:"Llorente replied with a letter on behalfof his coreligionists
and presented them as an ongoing abject [objeto] of vengeance by a
viciouscourt').
4. As can be seen in the five dictionaries, lexicographers give several meanings for
the noun objeto, sorne of them nuanced at times into different sub-meanings.
388Although definitions are only sporadically supplemented with quotes or examples
in the older works, the more modem ones do so systematically. The basic
concepts found in those works can be summarized as follows:
1. Physical thing perceivable by the senses: The abjects [objetos] that
there are on a table. An object [objeto] of art.
2. Purpose or objective: Thepurpose [objeto] of a meeting. Fight without
apurpose [objeto].
3. A person or thing that receives or on which an act, activity or
feeling falls: He is an object [objeto} of pity. He was subject to [objeto de]
mistreatment. His behavior issubject to [objeto de] criticism.
4. Subject matter or topic: Thesubject [objeto] of a science.
5. According to the English version of the Treaty - already given in § 2-, in the
phrase, "con objetos de comercio, H the noun objetos would be used in meaning 2
of those that I have just listed, i.e. 'for purposes of commerce.' However, this
interpretation is not indisputable. Therefore, in order to determine whether the
word has this particular meaning, and not another, in this context, I have
compared it with the information found on it in two 19thcentury textual corpora.
One is Table 1 of the two tables submitted by the Costa Rican representative,
which contains the very passage in question. This Table relates to the entire 19th
century. The other is the Diachronie Corpus of Modem Spanish (Corpus
Diacr6nico del Espafiol Actual " CORDE) of the Spanish Royal Academy
(http://www.rae.es). 1will briefly cite the two corpora- the Table of Costa Rica
or Costa Rica Table and CORDE, respectively- below.
I also consulted the part of the Spanish-American Lexicon 1493-1993 by
Peter Boyd-Bowman (electronic edition, New York, 2003) pertaining to the 19th
century, but without obtaining valid results.
6. To properly assess the information offered by dictionaries, it is important not to
lose sight of the fact that this information is lexical in nature; therefore, it is
basically limited to the content, or the different possible contents, of a simple
word in a statement, outside of any situation. When the potential content is
numerous, as in this case, the real meaning (that is, 'de facto,' 'actual') of a word
in a phrase, its precise content, is only obtained thanks to the context in which ft
appears in the actual speech of a specifie issuer (speaker or writer). In other
words, it is the syntactical and not the purely lexical aspect of a noun. Although
the dictionary gives us the semantic potentiality of a word, only its specifie use
can give us the concrete realization of that potentiality.
The problem usually arises when a speaker does not succeed in expressing
what he/she wishes to say wîth the necessary accuracy; that accuracy is usually
intuîtively grasped by the listener/reader thanks to the context in which the word
is placed. With polysemous nouns- such as the one that concems us here- it is
natural for the different meanings to be interrelated, and for a speaker him/herself
389not to be always clear as to which meaning he/she is thinking of when using the
word, or even to have two close notions superimposed in hislher mind at the time.
It is up to the receiver (listener or reader) to infer what the issuer really wanted to
say.
7. The foregoing considerations are needed to explain wh y, in the followîng study
and semantic classification of the passages selected to clarify the meaning of the
specifie phrase that concems us, it is not always possible to establish with absolute
certainty to which meaning an expression refers. In such cases, 1have chosen the
most probable interpretation. When the probabilities were fairly similar, I
consîdered the case invalid.
8. As stated in § 6, my study was not limited to the lexical aspect, but also
included the syntactical aspect. To conduct the study, 1made use of the materials
contained in the two corpora mentioned in § 5. I did not base the study on the
simple noun objeto in its singular form, but rather on the noun as it appears in the
text in question: in its plural form, and particularly as part of the construction
"objects +of+ noun (objeios +de+ sustantivo)."
In my study, I ignored the preposition con [with} at the start of the phrase.
This element is, in fact, irrelevant to the investigation. The basic connotations this
proposition gives to the nouns it precedes are those of •company/ •concomitance,'
'instrument or means' and 'mode.' It is of interest when regularly associated with
the singular form objeto, creating phrases such ascon objeto de orcon este objeto
(§ 9); but this never occurs with the plural formobjetos. Con objetos de, with that
meaning, would be a hapax case (in other words, a unique case, with no
confirmation).
9. I have left the singular formobjeto out of the investigation. The reason is that
in its real life, outside dictionary showcases, it does not always behave at all the
same way as the plural form. A simple review of the Costa Rica Table allows for a
first general observation: use of the singularobjeto is much more abundant than
the plural objetos. Second, when it appears, it is mostly found in the sense of
"purpose or objective," particularly in virtually lexicalized constructions, such as
the prepositional phrase, con el objeto de (sometimes in variations, such as con
objeto de, con el unico objeto de and para el objeto de), or the adverbial phrase,
con este objeto (and its variations,co.ntai objeto, con ese objeto, con el objeto
expresado, para este objeto, and para el dicho objeto) - constructions that do not
exist in the language for the plural form. This particular vitalityof the meaning
'purpose or objective' in usage in the singular, though quantitatively large albeit
with a narrow formai and semantic range, is confirmed by the fact that, in current
language, that meaning has remained strong in the two aforementioned phrases
and, in addition, in free usages which nevertheless have limited freedom, such as
the object [objet1 of the visit, the object [obj1tof his efforts, the object [obj1to
390of the operation, the abject [objeto] of this book.These uses are currently under
the threat, already in progress, of seeing objeto replaced with the synonym
objective [objetivo}.
10. The procedure I followed to clarify the issue of the true meaning of the phrase
objetos de comercio was,
- first, a general review of ali cases of the combination objetos de
recorded in the CORDE for the 19th century;
- second, in view of the high number of appearances, cataloging the
CORDE cases pertaining to the period between 1810 and 1880 (70 years,
approximately the period covered by Costa Rica's Table);
- classifying those materials based on the meaning of each of the cases,
according to the fondamental meanings of objeto (§ 4), then making the
same classification of the materials contained in Costa Rica's Table;
- a specifie study of the phrase objetos de comercio as it appears in the
different source documents.
11. In the following Annexes, the cases are cited and classified according to the
meaning of the noun objetos in the respective context, providing in each case the
information that allows them to be examined in a broader context The first is the
phrase covered by this study, followed by other similar or related phrases.
Annex 1. The phrase objetos de comercio.
Annex 2. Phrases similar or related toobjetos de comercio.
Annex 3. The noun objetos with the meaning of 'persons or things that
receive or on which the act, activity or feeling expressed by the noun that follows
fall.'
Annex 4. The noun objetos with the meaning 'purposes or objectives.'
Annex 5. The noun objetos with the meaning 'material things perceivable
by the senses.'
Annex 6. The noun objetos with the meaning 'subject matters or topics.'
12. In Annex 5, the sampling of cases from the CORDE is limited to the year
1860, because after that, the number of cases skyrocketed without contributing
anything of obvious interest. On the other hand, in Annex 1, the most important
one for this investigation, the information-gathering time period had to be
expanded considerably, as explained below.
13. For the specifie phraseobjetos de comercio, the CORDE contained three cases
in the period covered by the study. They did not have the meaning 'purposes or
objectives' assigned to the 1858 Treaty by the English version. Rather, the
meaning was unmistakably 'things on which the activity of commerce falls.' To
be more certain, I expanded my search in the corpus up to the mid-20th century,
and the five records added only confirmed the meaning clearly shown in the first
391three. The same interpretation is perfectly consistent with the text of the Treaty.
In ali the examples found, the two from Costa Rica's Table and the eight from the
CORDE) the structure 'objects of+ name of activity (objetos de+ nombre de
actividad)' appears; this structure is well-illustrated in Annex 2 and especially in
Annex 3.
14. Consequently, based on ali the information studied my c9nclusion is that 9
in the text of Article VI of the Border Treaty between Costa Rica and
Nicaragua signed on April 15, 1858, the phrase con objetos de comercio
should be understood as 'wïth things on which commercial activity falls.' ·
And in witness whereof for all pertinent effects, I sign this Opinion in
Madrid on May 2, 2008.
[Signed]
(...
392 MANUEL SECO REYMUNDO
CURRICULUM VITAE
(Short version)
Born in Madrid, 20 September 1928.
Bachelor in Romance Philology, Extraordinary Award, Central University (now
Complutense), 1952.
Doctor in Romance Philology, Extraordinary Award, Central University (now
Complutense ), 1969.
Professor in Language and Spanish Literature, Institutes of Secondary Education,
selected through public examination, in 1960.
Numerary Member of the Royal Extraordinary Award Academy, elected in 1979.
Took charge in 1980.
Director, Seminary of Lexicography of the Royal Spanish Academy from 1981 to
1993. He became member of that Seminary in 1962, by invitation of Mr. Rafael
Lapesa, where he has been editor, special editor, chief editor and academie editor.
Adviser to the Lexicographie Institute of the Royal Spanish Academy from 2000
to present.
First President of the Spanish Association of Lexicographie Studies. 2003-2004.
Member of the Board, Ramon MenéndezPidal Fundation. 2004-2007.
Main publications (books)
Diccionario de dudas y dificultades de la lengua espafiola. Pr6logo de Salvador
Femandez Ramfrez (P ed., Madrid, Aguilar, 1961;lûa ed., Madrid, Espasa Calpe,
1998, 14areimpresi6n, 2008).
Arniches y el habla de Madrid. Premio Rivadeneira de la Real Academia Espaîiola
(Madrid, Alfaguara, 1970).
393Gramatica esencial del espafiol (1a ed., Madrid, Aguilar, 1972; 3a ed., Madrid,
Espasa Calpe, 1995. En edicion de bolsillo, la ed. 1~994 ; sa ed., 2a reimpresi6n,
2007).
Las palabras en el tiempo: los diccionarios hist6ricos (Madrid, Real Academia
Espafiola, 1980). [Discurso de ingreso en la R.A.E.].
Estudios de lexicografia espafiola (Madrid, Paraninfo, 1987; 2a ed., aumentada,
Madrid, Gredos, 2003).
Director (1981-1993) of Diccionario hist6rico de la lengua espafiola (Madrid,
Real Academia Espafiola, Seminario de Lexicografia). Previously, from 1962 to
1980, while the director was Mr. Rafael Lapesa, he collaborated on the book and
as editor, special editor, chief editor and academie editor.
Director and editor del Diccionario del espafiol actual.Premio de Cultura de la
Comunidad de Madrid (2 vols., 4760 pâgs., Madrid, Aguilar, 1999). In
colaboration with Olimpia Andrés(editing) and Gabino Ramos (documentation).
Director of Diccionario abreviado del espafiol actual (Madrid, Aguilar, 2000). In
collaboration with Olimpia Andrésand Gabino Ramos.
Edition of Léxicohispanico primitivo (siglos VIIIal XII),first version oGlosario
del primitivo léxico iberorromanico; initially planned and directed by Ramon
Menéndez Pidal, and drafted by Rafael Lapesa in collaboration with Constantino
Garda (Madrid, Fundacion Ramon Menéndez Pidal/Real Academia Espafiola,
2003).
Director of Diccionario fraseol6gico documentado del espafiol actual (Madrid,
Aguilar, 2004). Editor, Olimpia Andrés. Additional documentation, Olimpia
Andrésand Carlos Dominguez.
Adviser to Diccionario del estudiante (Madrid, Real Academia Espafiola, 2005),
directed by Elena Zamora.
Adviser to Diccionario prâctico del estudiante(Madrid, Real Academia Espafiola,
2007), directed by Elena Zamora.
394Awards and distintions
Rivadeneira Award of the Royal Spanish Academy (1969), with Arniches y el
habla de Madrid.
Culture Award (Literature) Madrid (1999), with Diccionario del espanol actual.
Grand Cross of the Civil Order of Alfonso X the Wise.
Honorary Member of the Colombian Language Academy.
Honorary Member of the Caro and Cuervo Institute, Bogota
Honorary Researcher in the Bolivian Institute ofLexicography, La Paz.
Honorary Associate of the Federation of Associations ofSpanish Professors.
Honorary President of the Spanish Association of Lexicographie Studies.
Madrid, May 2008
395 Dictamen sobre el sintagma "con objetos de comercio"
en el texto del Tratado de Limites entre Costa Rica y Nicaragua
suscrito e115 de abril de 1858·
Por
Manuel Seco Reymundo, de la Real Academia Espafiola
1. A instancias del Sr. Agente de la Repûblica de Nicaragua ante la Corte
Internacional de Justicia, Embajador D. Carlos Argüello G6mez, expongo mi
parecer sobre la adecuada înterpretaci6n de la expresi6n "con objetos de
comercio" que figura en el articulo VI del Tratado de Limites entre Costa Rica y
Nicaragua suscrito el 15 de abril de 1858.
2. He leîdo el texto integro del Tratado, tanto en su versi6n impresa como en la
manuscrita, sin apreciar ninguna variante entre elias. En su articulo VI se dice
textualmente: "La Republica de Costa Rica tendra en dichas aguas [del Rio San
Juan] los derechos perpetuas de libre navegaci6n, desde la expresada
desembocadura hasta tres millas inglesas antes de llegar al Castillo Viejo CON
OBJETOS DE COMERCJO ya sea con Nicaragua o al interior de Costa Rica". Se
discute sobre el sentido exacto de las palabras sefialadas; que una version oficial
en ingléstraduce "FOR PURPOSES OF COMMERCE'', esto es, 'con fines comerciales'.
3. Con el prop6sito de determinar emil es la lectura correcta, he comenzado por
repasar los sentidos que una selecci6n de diccionarios del espafiol distinguen en la
voz OBJETO.Alexponerlos, omito acepciones irrelevantes para nuestro caso.
a) REALACADEMIAESPANOLA , iccionarillamado de Autoridades (V, 1737): ("Lo que se
percibe con alguno de los sentidos, o acerca de to quai se".121"El término o fin de los
actos de lasotencias"13"El fin o intento a que se dirige o encamina alguna cosa" [cita un pasaje
de Solîs, Hist. Nuev. E"Sin objeto determinado, sin saber hacia d6nde le llamava la obscuridad
lisonjera de sus esperanzas 141"La materia o el sujeto de una ciencia; como el objeto de la
Theologia,que es Dios".
b) REALACADEMIA ESPANOLA , iccionario de la lengua espaf22" ed. (20011."Todo loque
puede ser materia de conodmientoo sensibilidad de parte del sujeto, incluso este mismo". 2.
"Aquello que sirve de materia o asunto al ejercicio de tas facultades mentales". 3. "Término o fin de
los actos de las potencias". 4. "Fin o intento a que se dirige o encamina una acci6n u operaci6n". 5.
"Materia o asunto de que se ocupa una ciencia o estudio". 6. "Cosa".
c) ESTEBAN DE TERREROS, Diccionario caste/lano (Il, 17Ill"Aquello que vemos, mîramos,
amamos, imajinamos, etc.121"Objeto de una ciencia, examen, e131"V. Fin, blanco" [Fin, "la
causa final, que nos hace obrar para conseguirle"].
tl)MARiAMOLINER, Diccionario de uso del espafi3" ed. (2007): 2. "Cosa.Particularmente,
cosa corp6rea y, en especial, de no gran ta'Pisapapeles es un objeto que se coloca sobre los
396 papeles para evitar que se muevan'. • (pL) Con el significado de "enseres" o "efectos", se emplea
en algunos casos con preferencia a "cosas": 'Objetos de escritorio'...". 4. "Con respecto a una
acciôn, una operaciôn mental, un sentimiento, etc., cosa de cualquier clase, material o espiritual,
corpôrea o incorp6rea, real o imaginaria, abstracta o concreta, a la cual se dirigen o sobre la que se
ejercen: 'Tu eres el objeto de sus ataques. El objeto de su preocupacion. El objeto de su
admiracion'. • Cosa de la que se trata en un escrito, en una conversaci6n, una conferencia, etc.: 'El
objeto del discu~·. 'C.osaque se pretende al hacer algo: 'El objeto de la reuniôn. El objeto de
haber/es llamado. El objeto de que estemos aquf reunidos'...".
e) MANUEL SECO, ÜLIMPIA ANDRÉS y GABINO RAMOS, Diccionario del espafiol act1999):1.
''Cosa material perceptible por los sentidos" (Alvarado, Anatomia, 87: "El mecanismo de
funcionamiento del ojo difiere del de la maquina fotogrâfica en la.forma de realizar el enfoque de
los objetos que se desean mirar'').lb. "Cosa s6lida e inerte" (Arce, Testamento, 84: "Algo ten[aen
sus manos que relucia. Parecia muy absorto en aque! objeto que limpiaba ... con el panuelo"). 2.
"Cosa que se trata de conseguir o a la que se dirige una acci6n" (Medio, Bibiana, 255: "Bibiana no
tiene la menor idea del objeto de la manifestaclôn"). 3. "Persona o cosa sobre la que versa [algo
(compl. de posesi6n)]". (Gambra, Filosofla, 15:"Cada ciencia parte de unos postulados o axiomas
..., y ateniéndosea el/os trata su objeto"). 3b. "Persona o cosa que recibe [un hecho (compL de
posesi6n)]" (Caro Baroja, lnquisidor, 48: "Llorente replicô con una carta en nombre de sus
correligionariyslospresenta como objetopermanente de la venganza de un tribunalperverso").
4. Los lexic6grafos, seglin se observa en los cinco diccionarios, apuntan para la
voz objeto varias acepciones, algunas de elias a veces matizadas en distintas
subacepciones. Las definiciones, si en las obras mas antiguas solo
esporadicamente aparecen completadas por medio de citas o ejemplos, en las mas
avanzadas lo hacen de manera sistematica. Los conceptos basicos que en elias se
exponen pueden sintetizarse asi:
1. Cosa material perceptible por los sentidos: Los objetos que hay sobre
la mesa. Un objeto de arte.
2. Fin u objetivo: El objeto de una reunion. Pelear sin objeto.
3. Persona o cosa que recibe, o sobre la que recaen, un hecho, una
actividad o un sentimiento: Es objeto de compasi6n. Fue objeto de malos tratos.
Su comportamiento es objeto de criticas.
4. Materia o asunto: El objeto de una ciencia.
5. Seglin la version inglesa del Tratado -ya expuesta en§ 2-, en la expresiôn "con
objetos de comercioH se utilizarfa la voz objetos en el sentido 2 de los que acabo
de sefialar; es decir, 'con fines de comercio'. Pero no es indiscutible esta
interpretaciôn. Y para dilucidar si es este y no otro el valor que en este contexto
tiene la palabra, lo he contrastado con los datos sobre ella de dos corpus textuales
del siglo XIX. Uno es la Tabla l, de las dos aportadas por la representaciôn de
Costa Rica, en la cual esta recogido el propio pasaje en cuesti6n. Esta Tabla versa
sobre todo el siglo XIX. El otro es el Corpus Diacrônico del Espafiol Actual
(CORDE), de la Real Academia Espafiola (http://www.rae.es). En adelante citaré
397en forma abreviada los dos corpus Tabla de Costa Rica o Tabla Costa Rica y
CORDE, respectivamente.
Consulté también la parte correspondiente al siglo XIX del Léxico
hispanoamericano 1493-1993, de Peter Boyd-Bowman (edici6n electr6nica, New
York, 2003), pero sin obtener resultados vâlidos.
6. Para la correcta valoraci6n de los datos ofrecidos por los diccionarios, es
importante no perder de vista que en ellos tai informaci6n es de carâcter léxicoy
que por tanto se limita en principio al contenido, o los diversos contenidos
posibles, de la simple palabra abstraida de cualquier situaci6n en un enunciado.
Cuando el contenido potencial es multiple, como en el caso que nos interesa, el
valor actua! (esto es, 'de hecho', 'efectivo') de la palabra en la frase, la precision
de su contenido, solo se obtiene gracias al contexto en que ella aparece dentro del
habla real de un emisor (hab/ante o redactor) concreto. Esto es, la vertiente
sintétctica,y no puramente léxica, de la voz. Si el diccionario nos indica la
potencialidad semântica de la palabra, solo el uso puntual de esta puede damos la
realizaci6n concreta de tai potencialidad.
El problema se presenta habitualmente cuando el hablante no acierta a
exponer con la necesaria exactitud loque quiere expresar; exactitud que de modo
intuitive suele captar el oyente/lector gracias al contexto en que se inserta la
palabra. En las voces polisémicas.-como la que aqui nos ocupa- es un hecho
natural que los varies sentidos esténemparentados unos con otros, yque el propio
hablante no tenga siempre claro en emilde ellos estâ pensando al usar la palabra, o
incluso tenga en su mente en ese momento superpuestas dos nociones vecinas. Al
receptor (oyente o lector) le toca inducir lo que de verdad quiso decir el emisor.
7. Las precedentes consideraciones son explicaci6n necesaria de por qué,en el
siguiente estudio y clasiflcaci6n semântica de los pasajes seleccionados con vistas
a esclarecer el valor del sintagma concreto que nos interesa, no siempre es posible
establecer con absoluta seguridad a quésentido corresponde un enunciado. En
tales casos he optado por la interpretaci6n mâs probable. Cuando las
probabilidades eran bastante parejas, he considerado invâlidoel caso.
8. De acuerdo con la dicho en § 6, he llevado a cabo mi estudio no limitândome a
la vertiente léxica, sino contando con la vertiente sintâctica. Para ello me he
servido de los materiales contenîdos en los dos corpus mencionados en§ 5. No he
atendido al simple nombre objeto en su forma singular, sino tal como se presenta
en el texto en cuesti6n: en su forma plural y en especial formando parte de una
construcci6n "objetos +de+ sustantivo".
398 En mi estudio me he desentendido de la preposici6n con, inicial del
sintagma. Este elemento es de hecho irrelevante para la pesquisa. Las
connotaciones basicas que esta preposici6n aporta a los sustantivos a los que
precede son las de •compai'iia',•concomitancia', 'instrumenta o medio' y 'modo'.
Si tiene interéscuando se asocia de manera estable con la forma singular objeto,
constituyendo locuciones como con objeto de o con este objeto (§ 9); pero este
funcionaniento nunca se da con la forma plural objetos. Con objetos de, con ese
valor, seria un casohapax (es decir, ûnico, sin ninguna confirmaci6n).
9. He dejado al margen de la investigaci6n la forma singular objeto. La raz6n es
que en su vida real, fuera de la vitrina de los diccionarios, no se comporta en todo
del mismo modo que la forma plural. El simple repaso de la Tabla de Costa Rica
permite una primera observaci6n general: el uso del singular objeto es mucho mas
abundante que el del plural objetos. En segundo lugar, en sus apariciones es
mayoria notable el sentido de 'fin u objetivo', de manera particular en
construcciones practicamente lexicalizadas como la locuci6n prepositiva con el
objeto de (a veces en variantes como con objeto de,con el unico objeto de y para
el objeto de), o la locuci6n adverbial con este objeto (y sus variantes con tai
objeto, con ese objeto, con el objeto expresado, para este objeto, para el dicho
objeto) -construcciones que en la lengua no existen para la forma plural-. Esta
vitalidad especial del valor 'fin u objetivo' en el uso singular, cuantitativamente
grande pero de abanico formai y semântico estrecho, se confirma en el hecho de
que, en la lengua actual, ese sentido se ha mantenido fuerte en las dos locuciones
mencionadas, y, fuera de elias, en usos libres aunque de libertadimitada, como el
objeto de la visita, el objeto de sus esfuerzos, el objeto de la operaci6n, el objeto
de este libro,usos hoy bajo la amenaza, ya en marcha, de sustituci6n de objetopor
el sin6nimo objetivo.
10. El procedimiento que he seguido para esclarecer la cuesti6n del verdadero
sentido del sintagma objetos de comercio ha sido,
- en primer lugar, un examen general de la totalidad de casos de la
combinaci6n objetos deregistrados en el CORDE para el siglo XIX;
- en segundo lugar, en vista del elevado numero de apariciones, la
catalogacion de los casos del CORDE pertenecientes al perfodo
comprendido entre los ai'ios 1810 y 1880 (70 ai'ios,aproximadamente la
extension abarcada por la Tabla de Costa Rica);
- la clasificaciôn de esos materiales por el sentido de cada uno de los
casos, segûn las acepciones fundamentales de objeto (§ 4), sometiendo
después a la misma clasificaci6n los materiales recogidos en la Tabla de
Costa Rica;
- el estudio particular del sintagma objetos de comercio tal como aparece
en una y otra fuente documental.
39911. En los Anexos que siguen estan reproducidos y clasificados los casos segun el
sentido de la voz objetos dentro del respectivo contexto, con indicaci6n, en cada
uno, de los datos que permiten examinarlos en contexto mas amplio. Ocupa el
primer lugar el sintagma objeto del presente estudio, seguido de otros sintagmas
analogos 0 afines.
Anexo 1. El sintagma objetos de comercio.
Anexo 2. Sintagmas analogos o afines a objetos de comercio.
Anexo 3. El nombre objetos con el sentido de 'personas o cosas que
reciben, o sobre las que recaen, el hecho, la actividad o el sentimiento expresados
por el sustantivo que sigue'.
Anexo 4. El nombre objetos con el sentido de 'fines u objetivos'.
Anexo 5. El nombre objetos con el sentido de 'cosas materiales
perceptibles por los sentidos'.
Anexo 6. El nombre objetos con el sentido de 'materias o asuntos'.
12. En el Anexo 5 esta reducido el muestrario de casos del CORDE hasta el afio
1860, porque a partir de ahi la cifra se disparaba sin aportar ningûn interés
aparente. Por el contrario, en el Anexo 1, el mas importante para esta
investigaci6n, hube de ampliar considerablemente el plazo de recogida de datos,
como expongo a continuaci6n.
13. Para el precise sintagma objetos de comercio, el CORDE, en el periodo
acotado, registraba tres casos, que no correspondian al sentido de 'fines u
objetivos' asignado por la version inglesa al texto del Tratado de 1858, sino
inequivocamente al de 'cosas sobre las que recae la actividad del comercio'. Para
cerciorarme mas, ampliémi bûsqueda en el corpus hasta mediados del siglo xx, y
los cinco registros afiadidos no hicieron mas que confirmar el valor claramente
mostrado en los tres primeros. La misma interpretaci6n es perfectamente
compatible con el texto del Tratado. En todas las muestras halladas, las dos de la
Tabla de Costa Rica y las ocho del CORDE, se presenta la estructura 'objetos de+
nombre de actividad' que esta bien ejemplificada en el Anexo 2 y sobre todo en
el Anexo 3.
14. Mi conclusion, por consiguiente, a la vista de todos los datos estudiados, es
que, en el texto del Articulo VI del Tratado de Limites entre Costa Rica y
Nicaragua suscrito el 15 de abril de 1858, el sintagma con objetos de comercio
debe entend erse 'con cosas sobre las que recae la actividad comercial'.
Y para que conste donde convenga, firmo el presente Dictamen en Madrid
a 2 de mayo de 2008.
400 ANNEX65
Affidavit of William Aburto Espinoza
8 March2008TESTIMONY OF PUBLIC DOCUMENT NUMBER TWELVE NOTARIAL
CERTIFICATE. In the town of El Castillo, El Castillo Municipality, San Juan
River Province, at three in the afternoon on the eighth of March, 2008. Before
me, WALNER ABRAHAM MOLINA PEREZ, Attorney at Law and Notary
Public of the Republic of Nicaragua, domiciled in the city of Managua, duly
authorized by the Honorable Supreme Court of Justice to act as notary during the
five year period that expires on fifteenth of April, 2008. Mister WILLIAM
ABURTO ESPINOZA, stands before me and in his own name, with identity card
number 522-060246-0000E, of age, single, carpenter and retired boatman, and
domiciled in El Castille, River San Juan Province. Who 1 swear to know
personally and who in my judgment has sufficient civil and legal capacity
necessary to bind himself and contract, especîally for the execution of the present
act. Manifests the following:
First: I am a citizen of Nicaragua, born in the town of El Castille, El
Castillo Municîpality, San Juan River Province, the sixth of February, 1946. AsI
was born in El Castille, where I have spent all my life, 1am very familiar with the
activities on the San Juan River. I am currently retired and living in El Castille.
Second: During the 1960s, I worked on the river transporting fuel and
sometimes goods between communities located on the river. My river shipment
business ended in the 1970s due to the onset of the war in Nicaragua. WhileIwas
working on the river, there were a few Costa Ricans and Nicaraguans who
navigated the river like myself to transport goods from one community to another.
None of these boatmen used the river for shipments outside the local river
communities. The materials being transported on the river in the 1960s were
mostly fuel, bananas, coconut oil, and wood, all from the same areas.
Third: Sorne of my shipments began at Puerto Viejo, continuing on the
Sarapiquf River and crossing into the San Juan River. When leaving Puerto Viejo,
Costa Rica, 1 was required to pay five côrdobas or colones for the departure
clearance certificate. Upon reaching the Costa Rican military post at Sarapiquf, 1
bad to stop and report myself and show the certificatI bad previously purchased.
After crossing the San Juan River in Nicaraguan territory both the Nicaraguan and
Costa Rican boatmen were required to register at the Sarapiqui post in Nicaraguan
territory and pay the departure clearance certificate fee of five côrdobas.
Fourth: During this time, there was very little activity on the river. I
would roughly estimate that there were 150 families living along the entire bank
of the San Juan River, including a small community with a school located at
Sarapiqui. Almost no one lived near Delta, at the beginning of the Colorado
River, or near Boca San Carlos. There were also no settlements on the Nicaragua
bank of the San Juan River, except for the one at San Juan del Norte, today San
403Juan de Nicaragua. During the twelve hour trip between San Juan del Norte and
El Castillo, I would normally see one or two boats on the river. Most of the boats
that 1 saw were small boats belonging to the local neighbors, who lived in Costa
Rican territory, navigating short distances in their private boats for personal
reasons.
Fifth: It was rare for a boat to navigate at night. Local residents and other
boatmen made their trips during the day, and only used the river at night in cases
of emergency. It is dangerous to navigate the San Juan River at night because it
becomes dark quickly and there are trees and large pieces of wood in the river in
addition to large sand banks.
Sixth: During that time, Costa Rica bad two military posts on the bank,
one at the mouth of the San Carlos River and the other at the mouth of the
Sarapiquî River. They did not have any customs stations on the San Juan River,
or at Puerto Viejo, or at Sarapiqui. Neither did they have any customs posts at any
of the docks on the San Carlos River. The Costa Rican officers at the two military
posts on the San Juan River dîd not attempt to regulate, control or interfere with
any of the boat traffic on the San Juan. They only supervised boats when they
entered and navigated on the Sarapiqui and San Carlos Rivers. From time to time
I saw Costa Rican Civil Guard boats traveling on the San Juan River, but they
never attempted to exercise any authority on the river and the times that I
observed them they were unarmed.
As expressed by the person appearing before me, and weil instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity, of the specifications involved, and of the
stipulations,· both explicit and implicit, and of the necessity to liberate the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to ali
the above stated. (f) WAburtoE (f) Molina.
This occurred before me from the back of folio number eleven to the back
of folio number seventeen, from my present Protocol number twenty-one that I
have in the present year. This first testimony, from which the Declaration is
made, was carried out, on one page of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at ten in the moming of the tenth of
March, 2008.
404 ANNEX66
Affidavit of Rigoberto Acevedo Ledezma
27 May 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER SEVENTEEN - NOTARIAL
DECLARATION. In the town of Greytown, Municipality of San Juan de Nicaragua,
San Juan River Province, at eleven in the moming on the twenty-seventh of May,
2008. Before me, W ALNER ABRAHAM MOLINA PEREZ, Attorney at Law
and Notary Public of the Republic of Nicaragua, domiciled in the city of Managua
and in transit through this town, duly authorized by the Honorable Supreme Court
of Justice to act as notary during the five year period that expires on fifteenth of
April, 2013. Mister RIGOBERTO ACEVEDO LEDEZMA, stands before me
and in his own name, with identity card number 525-030962-0000J, of age, single,
businessman, and domiciled in the town of Greytown, Municipality of San Juan
de Nicaragua, San Juan River Province. Who I swear to know personally and who
in my judgment has sufficient civil and legal capacity necessary to bind himself
and contract, especially for the execution of the present act. Manifests the
following:
FIRST: I am a citizen of the Republic of Nicaragua, born in Greytown,
Municipality of San Juan de Nicaragua, San Juan River Province, on the third of
September, 1962. 1 currently work as a boatman, transporting goods between
Puerto Viejo, Costa Rica, and San Juan de Nicaragua. I have been doing this
work for over ten years. As a result, I navigate then Juan River between the
two countries approximately three times per month. My business involves
transporting basic food supplies fromPuerto Viejo to several small shops and
local restaurants located in San Juan de Nicaragua. On the retum, I rarely transport
goods on the same route, as there is little commerce out of San Juan de Nicaragua,
except for an occasional delivery coconuts to Puerto Viejo.
SECOND: During my trips, I have not seen many boats that transport
merchandise. In the stretch between Puerto Viejo and San Juan de Nicaragua,
only I am dedicated to transporting goods. Until one year ago, there were two
more Costa Rican boatmen who traveled this same route. Another two
Nicaraguans cover the area between San Juan de Nicaragua and El Castillo,
transporting products of basic necessity. Also, for the last ten years three boatmen
have been navigating, twoof whom are Costa Rican and one who is Nicaraguan,
using the San Juan River to transport shellfish from San Juan de Nicaragua to
Puerto Lindo, Costa Rica.
THIRD: The route that I normally travel begins in Puerto Viejo, Costa
Rica, and continues North on the River Sarapiquf which ends at the San Juan
River. Later, I continue East on the San Juan River ending at San Juan de
Nicaragua, where the eastern most pointf the river is located until its outlet into
the Caribbean Sea (Atlantic Ocean). On this route, I pass both the Costa Rican
and Nicaraguan military posts located at Boca de Sarapiqui, in addition to the
Nicaraguan posts located at Delta, where the San Juan River divides and the
407 Colorado River begins, and the post at San Juan de Nicaragua. There is no
regulatory process upon exiting Puerto Viejo. The Costa Rican authorities do not
require me to obtain a departure clearance certificate, however once a year they
carry out a technical inspection of the boat. As there is no customs office, there is
also no need to declare the goods that I bring from Nicaragua, and there is no
requirement to pay any taxes on imports or exports at Puerto Viejo. Upon
. reaching the Costa Rican Sarapiqui post, which is about three hours from Puerto
Viejo, I must bank my boat and register with the Costa Rican authorities by
providing information on myself, the boat, the cargo and the destination. After
entering into Nicaraguan territory by the San Juan River, 1 must also bank my
boat, and register by providing information on myself, the boat, the cargo and the
destination. 1 am then required to submit my boat to a safety inspection by the
Nicaraguan authorities and, upon passing the inspection, to purchase a departure
clearance certificate for my boat, at a cost of twenty c6rdobas. I am not aware of
any occasions when any of the Costa Rican boatmen who navigate the river taking
goods either to Nicaragua orto Costa Rica have been prevented from completing
their trip, by Nicaraguan authorities posted along their routes. As expressed by
the person appearing before me, and well instructed by me, the notary, about the
pmvose, value and legal transcendence of this act, of the general clauses that
assure its validity, of the specifications involved, and of the stipulations, both
explicit and implicit, and of the necessity to liberate the corresponding testimony
for the legal objectives deemed applicable. This writing was read în its totality to
the person appearing before me, who finds it accurate, and approves, ratifies and
signs it with me, the notary public, who gives faith to ali the above stated. (f)
Illegible(f)Molina.
This occurred before me from the front of folio number forty-seven to the
front of folio number forty-eight, from my present Protocol number twenty-one
that I have in the present year. This first testimony, from which the Declaration is
made, was carried out, on one page of legally sealed paper, which was signed,
sealed, and dated in the city of Managua, at four in the afternoon of the thirtieth of
May, 2008.
408 ANNEX67
Affidavit of Benedicto Adam Borges Requenes
26 May2008 TESTIMONY OF PUBLIC DOCUMENT NUMBER TWENTY·SIX- NOTARIAL
DECLARATION. In the city of San Carlos, San Juan River Province, at two in the
aftemoon on the twenty-sixthof May, 2008. Before me, WALNER ABRAHAM
MOLINA PEREZ, Attorney at Law and Notary Public of the Republic of
Nicaragua, domiciled in the city of Managua and in transit through this town, duly
authorized by the Honorable Supreme Court of Justice to act as notary during the
five year period that expires on fifteenth of April, 2013. BENEDICTO ADAM
BORGES REQUENES, stands before me and in his own name, with identity
card number 521-110877-000lW, of age, single, with the office of forest ranger,
and domiciled in the city of San Carlos. Who I swear to know personally and who
in my judgment has sufficient civil and legal capacity necessary to bind himself
and contract, especially for the execution of the present act. Manifests the
following:
FIRST: 1 am a citizen of the Republic of Nicaragua. My Nicaraguan
cedula number is 521-110877-0001W. I was born in the city of San Carlos, San
Juan River Province, Nicaragua on the eleventh of August, 1977. I am a forest
ranger of the Nicaraguan Ministry of Environment and Natural Resources
(Ministerio del Ambiente y Recursos Naturales or MARENA). I am currently the
Chief of the San Juan de Nicaragua garrison. I have held this position for twelve
years. My duty as a forest ranger is to conserve and promote the environmental
resources and protect against the degradation and predation of the flora and fauna,
in the San Juan River - Nicaragua Biosphere Reserve, which includes the Indio
Maiz Biological Reserve and the San Juan River Wildlife Refuge, located in
southem Nicaragua.
SECOND: The lndio Maîz Grand Reserve was established in 1990, under
Presidential Decree 527. This decree mandated the Institute of Environment and
Natural Resources (Instituto de Ambiente y los Recursos Naturalesas or IRENA),
as the Ministry of Environment and Natural Resources was then called, to protect
against the following activities prohibitedthe reserve: "the expansion of agro
fishing activities, bumings, the logging of forests, the hunting and fishing of
protected species, including by nets, fishing lines, explosives or toxic liquids and
any other activity which provides for irreversible destruction or permanent
damage to the resources, in its aquatic and terrestrial environments inside the
reserve."
THIRD: In May 1999, under Presidential Decree 66, the San Juan River
was separated from the lndio Maiz Biological Reserve and established as its own
protectedare ander the name of the San Juan River Wildlife Refuge.
411 FOURTH: These protected areas are managed under the framework of
several international agreements. Sinc.e 1977, Nicaragua joined the Convention
on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
which requires Nic~ra gosarict!y control the trade of threatened species found
in its territory.Currently, over 104 species protected within the Indio Maîz
Reserve are on the CITES Convention list, including 42 bird species, 36
mammals, 18 reptiles, and 8 amphibîans. On November 30; 1997 the Govemment
of Nicaragua signed the Convention on Wetlands of International Importance
especially as Waterfowl Habitat, referred to as the RAMSAR Wetlands
Convention, thus obligating itself under the termsthe agreement to protect and
conserve its important wetlands. On August 11, 2001, the San Juan River
Wildlîfe Refuge was designated an international protected area, under the
RAMSAR Convention. The designation under the RAMSAR Convention further
extended the Nicaraguan Govemment's obligation to the international community
to continue to protect the flora and fauna of the reserve, including the San Juan
River. Then, in July 2003, UNESCO's Man and the Biosphere Programme
designated the Southeastern Biosphere Reserve and additional territory as an
international biosphere reserve. This designated area, named the River San Juan
Biosphere Reserve, covers eighteen thousand three hundred forty square
kilometers.
FIFTH: The Biosphere reserve is acknowledged as one of the two most
extensive biological areasf the Mesoamerican Biological Corridor.Itis referred
to as the "lungs of the Americas," as its trees create an immense quantity of
oxygen relied on by many people and animais to survive. The lndio Maiz and San
Juan River reserves cover a variety of ecosystems including tropical humid forests
and wetlands, tidal marsh, coastal lagoons and estuaries; which are home to a
variety of indigenous, rare, and protected species in addition to plant genetic
resources. The species protected within the Indio Maiz Reserve include pumas,
jaguars, sloths, wild boars, pacas, and monkeys, not to mention poison dart frogs,
snakes, turtles, and iguanas. TheSan Juan River alone harbors four species of
turtles, manatees, tilapia, gaspar, crocodiles, lagunero, robalo, sharks, and shrimp,
among numerous other species. Notably, the sharks, snooks, tarpon, and tropical
gar use the San Juan River to swim to Lake Nicaragua, where they reproduce,
though most of the sharks have disappeared due to human activity, including
fishing. Many of these aquatic species are rare and endangered such as the bull
shark, the smalltooth and largetooth sawfish of the Cocibolca Lake, and the
tarpon. Thus the protection of aquatic species in the river and terrestrial species in
the reserve is of extreme importance under both domestic and international
obligations and agreements.
SIXTH: I am one of two MARENA officiais located at the San Juan de
Nicaragua post adjacent to the San Juan River. There are three ether MARENA
412posts along the portion of the river over which Costa Rica clairigh tsSan
Juan del Norte, Delta, Sarapiqui, and Boca San Carlos. There are two MARENA
officiais at the Delta post, two at the Sarapiqui post, two at the San Juan del Norte
post, and two at the Boca San Carlos post. All of the MARENA officiais
stationed along the San Juan River, myself included, have the responsibility to
protect against the dangers to successful conservation of the reserve.
SEVENTH: The greatest dangers which occupy a majority of our efforts
on the River San Juan are illegal logging, fishing,hunti ngaddition to the
illegal occupation of land within the reserves. The illegal cutting and trafficking
of protected trees is a major problem along the river. Illegal loggers, primarily
from Costa Rica, enter the reserve to take semi-precious woods, including almond
trees, caubilla, and mahogany, which are in high demand on the international
market. Also, much of the forested areas on the Costa Rican side of the river have
been eut down to provide space for the cattle farms, so local users illegally search
for wood for a varietyof purposes on the Nicaraguan side of the river. In 2007
alone, MARENA captured over 1,000 trunks and planks of wood which had been
taken illegally from the protected area along theJuan River.
EIGHTH: Both Nicaraguans and Costa Ricans are prohibited from fishing
from boats in the San Juan River, using lines or nets, in order to avoid the
depletion of the aquatic species within the reserve. Following the river's
designation as a protected area, MARENA officers were sometimes lenient with
river dwellers, allowing them to fish from boats in the river, despite the river's
protected status. Unfortunately, this led to widespread abuse of the the privilege,
as local residents began placing large shrimp traps and fish nets in the river for
commercial purposes, and using fishing as a pretense for illegally crossing and
entering into the Indio Maiz Reserve. As a result, MARENA was compelled to
protect the Refuge more strictly. Fishing is thus pennitted from the Costa Rican
bank only. This permits local residents to meet their subsistence needs, without
endangering aquatic life in the river. Sport fishing is permitted within specifically
designated areas near San Juan del Norte and El Castillo, for short periods of time.
These pennits are granted on limited occasions.
NINTH: Frequently, residents cross over from Costa Rica into the
terrestrial area the San Juan River Wildlife Refuge and the Indio Maiz Grand
Reserve to illegally hunt for large mammals and birds, either for sale as meat or as
pets. Much of this illicit hunting activity takes place at night or during the
weekend. Deer, paca, and peccary meat, among others, are sold in the local
markets found within Costa Rica or are eaten by the hunters themselves.Also,
parrots and macaws, and sometimes monkeys, are sold as pets. Many species,
including the scarlet macaw have become endangered as a result of hunting and
the destruction of their habitat by logging activities. Because of this, MARENA
413often searches boats on the river for cages, traps, and illegally captured animais, or
plants and wood taken from the reserve.
TENTH: Because of the size of the reserve territory and the limited
number of MARENA posts on the river, prevention of the illegal occupation of
land within the reserve has also been a challenge. Repeatedly through the years,
Costa Rican citizens.have illegally occupied land in the Nicaraguan reserve area.
These occupations and clearing of land violate the laws protecting the reserve and
cause great damage to the surrounding environment. To avoid these incursions,
MARENA officiais, assisted by the army troops stationed in the area, patrol the
river to prevent illegal crossings and regulate the registrationf the entry and exit
of individuals on the river, to ensure that they do not enter the reserve or engage in
illegal activities in the reserve or on the river. As expressed by the person
appearing before me, and weil instructed by me, the notary, about the PUI'Pose,·
value and legal transcendence of this act, of the general clauses that assure its
validity,of the specifications involved, and of the stipulations, both explicît and
implicit, and of the necessity to liberate the corresponding testimony for the legal
objectives deemed applicable. This writing was read in its totality to the person
appearing before me, who finds itaccurate, and approves, ratifies and signs it with
me, the notary public, who gives faith to ali the above stated. (f) Illegible (f)
Molina.
This occurred before me from the back of folio number forty-four to the
front of folio number forty-seven, from my present Protocol number twenty~one
that I have in the present year. This first testimony, from which the Declaration is
made, was carried out, on two pages of legally sealed paper, which was signed,
sealed, and dated in the cityof Managua, at two in the aftemoon of the thirtieth of
May, 2008.
414·;;.·
ANNEX68
Affidavit of General Javier Alonso Carri6n McDonought
24 June 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER TWENTY -NINE -
(NOTARIAL DECLARATION). In the city of Managua, at six at night on the
twenty-third of June, 2008. Before me, WALNER ABRAHAM MOLINA
PEREZ, Attorney at Law and Notary Public of the Republic of Nicaragua, of this
domicile and residence, duly authorized by the Honorable Supreme Court of
Justice to act as Notary during the five year period that expires on the fifteenth of
April, 2013. Mister JAVIER ALONSO CARRION McDONOUGHT, stands
before me, of age, married, retired from military service, of this domicile, who
identifies himself with identity card number zero-zero-one-two-one-one-one-five
four-zero-zero-three-five-E. Who I SWEAR to know personally and who in my
judgment has sufficient civil and legal capacity necessary to bind himself and
contract, especially for the execution the present act, in which he DECLARES
the following:
FIRST: I am a citizen of Nicaragua, born in the city of Managua where 1
currently reside, and that I was an officer in the Army of Nicaragua from its
founding in July nineteen ninety-nine. In that period the name of the army was
the Ejército Popular Sandinista [Popular Sandinista Army] which was legally
renamed in nineteen ninety-five Ejército de Nicaragua [Anny of Nicaragua]
according to legal and constitutional amendments. 1retired from military service
in February two thousand five. During the last five years of my service, I was the
Commander in Chief of the Army of Nicaragua, with the rank of Army General,
the highest-ranking military officer in Nicaragua, and was directly subordinate to
the President of the Republic, in his capacity as Head of State, of Govemment,
and Supreme Chief of the Nicaraguan Army, pursuant to the Constitution of the
Republic and other Laws related to the matter. From February nineteen ninety-five
to February two thousand, 1was the Chief of the General Staff of the Nicaraguan
Army, with the rank of General, the second-highest ranking military officer,
subordinate to the Commander in Chief of the Anny. Before that, from February
nineteen ninety to February nineteen ninety-five, 1was the Deputy Commander of
the General Staff and Chief of the Operations and Plans Directorate, during those
five years I held the rank Anny Colonel.
SECOND: In all three of these positions, covering the last fifteen years of
my military service between nineteen ninety and two thousand five, I exercised
command responsibility in all the country, including the San Juan River, its
adjacent area, and the national boundary. Under Presidential mandate, I had
relationships with the variousPowers of the State, govemment institutions, and
international civilian-military relations. The San Juan River occupied a
considerable amount of the General Staffs attention during this time, because it is
in a remote and scarcely populated area of the country. The Army is responsible
for border security, security in the region, there being no State and Government
417 institutional presence, like immigration, customs, etc. The river is itself a
protected natural resource, as well as the gateway to the other environmentally
protected areas, like the fragile Indio Maiz Grand Biological Reserve. And it
forms part of the boundary with Costa Rica, which begins on the right bank of the
San Juan River. For these reasons, I have been familiar with the activities of the
Army of Nicaragua on the San Juan River, and the relations between the Anny of
Nicaragua and the Guardia Civil of Costa Rica along the river.
THIRD: Following the end of Nîcaragua's internai conflict in nineteen
ninety, when usage of the San Juan River has become a virtual scene of that
conflict, the river retumed to normal, and the Army of Nicaragua early resumed its
constitutional and legal mission to assure the security of commercial and persona!
navigation on the river for the vessels navigating there, by registering of their
presence at the border posts along the river, and obtaining a departure clearance
certificate manifesting the vessels safety for navigation. This requirement on the
river applied to ali vessels navigatîng on the river, including those of Nicaragua
and Costa Rica.
FOURTH: From nineteen ninety until the middle of nineteen ninety
eight, relations between the Army of Nicaragua and the Guardia Civil of Costa
Rica along the San Juan River were excellent, following the good neighbor policy
held by both countries. The Nicaraguan Army and the Guardia Civil collaborated
on strengthening matters affecting both sides of the river, like combating illegal
trafficking in arms, drugs or persons. During this period, the Guardia Civil asked
permission from the Nicaraguan Army to send its boats along the San Juan River
to bring supplies and personnel to the different posts that Costa Rica maintained
on her territory to the south of the right bank of the river. The Army granted this
permission, subject to the conditions that the Guardia Civil were required to meet,
like obtaining prior authorization for each voyage of this nature, that the vesse!
stop at the Nicaraguan Army posts at its point of entry into the country and
register the voyage and the names of the passengers and crew, that it submit to
inspection, that the Guardia Civil officers carry no weapons while navigating on
the San Juan River (or that they store their arms on the floor of the vessel), and
·that a Nicaraguan soldier accompany them on the vesse!. The Guardia Civil
accepted these conditions, without objection, and carried out its mission without
problems from the early nineteen nineties until the middle of nineteen ninety
eight.
FIFTH: In September nineteen ninety-five, in the Costa Rican Guardia
Civil base at El Murciélago, Guanacaste, Costa Rice, the collaboration between
the Army of Nicaragua and the .Guardia Civil in strengthening law enforcement
activities in their respective jurisdictions was memorialized in a Joint
Communiqué signed by Nicaragua's then Chief of the Nicaraguan Army, Army
418General Joaquin Cuadra Lacayo, and Costa Rica's Minister of Public Security,
Juan Diego Castro Femandez. Both instructed by the Heads of Nicaragua (Violeta
Barrios Chamorro) and of Costa Rica (José Maria Figueres Olsen). The Joint
Communique provided for, among other things, "joint, parallel patrolling at the
border of both countries, thereby joining forces in the battle against illegal
trafficking of persons, vehicles, contraband of any nature and joint operations,
following the exchange of information and planning carried out by both parties."
The Joint Communique formalized the practice that was already conducted
informally, whereby from time to time between Nicaragua and Costa Rica
(between the Nicaraguan Army and Costa Rica's Guardia Civil), Nicaragua
planning and authorizing the development of joint security activities on the San
Juan River. The Guardia Civil was never authorized by Nicaragua to engage in
law enforcement activities on the river other than in joint operations with the
Nicaraguan Army. Itnever did so.
SIXTH: There were no problems with the Guardia Civil, or with Costa
Rican private vesse! operators, until the middle of nineteen ninety-eight. Until
then, the Nicaraguan Army regulated commercial and persona! traffic on the San
Juan River through its registration and departure clearance certificate, and the
occasional authorization for the Guardia Civil to use the river to supply its border
posts, and to engage in joint parallel operations with the Nicaraguan Army,
without any incident.
SEVENTH: This collaborative situation came to an end in July nineteen
ninety-eight.
EIGHTH: The impetus for the problem arose in May nineteen ninety
eight, when the newly-elected government of President Miguel Angel Rodrîguez
took office in Costa Rica. President Rodriguez and his Minister of Public Security,
Juan Rafael Lizano, attempted to implement a new Costa Rican policy on the San
Juan River, which changed the hannonious collaboration that existed with the two
preceding Costa Rican govemments (of Presidents Rafael Calderon and José
Figueres, respectively). Under President Miguel Angel Rodrfguez's new policy,
the Guardia Civil would no longer seek authorization from Nicaragua to navigate
on the San Juan River, and would no longer comply with the measures announced
in the Cuadro-Castro Communique, referred to above. Further, President
Rodriguez and his Public Security Minister authorized the Guardia Civil of Costa
Rica to send its vessels with anned Guardia Civil personnel onto the San Juan to
intercept, register, and detain Nicaraguans suspected of illegally entering into
Costa Rica. During June and July nineteen ninety-eight, the Guardia Civil carried
out this policy and sent its vessels and officers, fully anned, on the river.
NINTH: The Nicaraguan Army, by way of its officiais located in the area,
vigorously protested these activities as a violation of its sovereignty, and insisted
419 that theGuardia Civil should desist from them. The Guardia Civil refused, acting
presumably on orders from the Minister of Public Security, and asserted that it
would continue to intercept and detain Nicaraguans navigating on the river who
were suspected of preparing to enter Costa Rica illegally. Faced with this attitude
by the Guardia Civil, Nicaragua took the decision to prohibit ali navigation on the
San Juan River by Guardia Civil vessels. This decision was made in a meeting at
the highest level of the Govemment of Nicaragua, by the President of the
Republîc, in which the affiant participated. The Presidential decision was
communicated by the Regional Military Commander, Colonel Francisco Talavera,
. to the regional commander of the Guardia Civil on fourteen July nineteen ninety
eight.
TENTH: In July nineteen ninety-eight, the President of the Republic,
Arnoldo Aleman, along with the Costa Rican President, agreed to a meeting, the
former sending a delegation to San Joséto meet with the Costa Rican Minister of
Public Security, Juan Rafael Lizano, and high ranking members of the Costa
Rican Guardia Civil. The meeting took place in the aerial section of the Costa
Rican Guardia Civil in the Juan Santamarfa, Costa Rica. As Army Chief of Staff,
lled the Nicaraguan delegation. Our instructions were to reach an agreement with
the Costa Ricans and return to the situation of harmonious cooperation in
conformity with the Joint Communiqué subscribed between the General of the
Nicaraguan Army, Joaquin Cuadra, and the Minister of Security, Juan Diego
Castro Fernândez, which existed before President Rodriguez assumed power. On
the other hand, the Nicaraguan delegation, knowing Costa Rica's pretensions
desiring to supply her border posts located on her territory to the souththe right
bank of the San Juan River, fouild itself having a better disposition to cooperate so
long as (i) Costa Rica would request authorization, and Nicaragua would give it
subject to the conditions that prevailed previously, for voyages to supply border
posts; (ii) thGuardia Civil would not navigate on the river armed, without prior
authorization from the Nicaraguan Army, and would not interfere with
·Nicaraguans navigating on the river. The Nicaraguan delegation transmitted this
message to the Costa Ricans and their disposition to return to the situation where
both countries worked successfully for over five years. prior to the Costa Rican
Minister of Public Security's position. The Costa Rican delegation, led by the
Minister of Public Security, refused this offer. They insisted on a right to
navigation on the river and to intercept suspected illegal immigrants. None of
these rights were claimed by Costa Rica prior to May nineteen ninety-eight.
Nicaragua's response was that Costa Rica has no such rights, that Nicaragua alone
has sovereignty over the San Juan River, and that Costa Rica's pretended rights
would offend Nicaragua's sovereignty. The meeting ended without agreement.
ELEVENTH: In July two thousand, five months after I became
Commander of the Nicaraguan Army, I received a delegation of Costa Rican
420officiais, led by the (then) Minister of Public Security, Rogelio Ramos Martinez,
who wished to discuss the manner by which to resume navigation on the San Juan
River by vessels of the Guardia Civil. The meeting was held on twenty-one July
two thousand, in the port city of San Juan del Sur, on Nicaragua's Pacifie Coast.
The Costa Rican delegation also included Colonel Walter Navarro Romero,
Director General of the Public Force, and Colonel Carlos Alvarado Valverde,
International Legal Advisor to the Ministries of Public Security and Foreign
Relations. Accompanying me on behalf of Nicaragua were: Colonel Ricardo
Wheelock Roman, Head of the Center for Military History; Major Walner Molina
Pérez,Deputy Legal Advisor to the Nicaraguan Army; and Dr. Cecile Saborio
Coze, Secretary General of the Ministry of Foreign Relations. An aide-memoire of
the meeting was prepared by Major Molina, who continues in active military
service, with the rank of Lieutenant Colonel and the same position. 1approved the
aide-memoire, a copy ofwhich is attached hereto.
TWELFTH: The aide-memoire contains a complete account of what was
said at the meeting, 1will only summarize here that: ( 1)the meeting was held at
the request of the Costa Ricans for the purpose of seeking an agreement that
would permit the Guardia Civil to resume its pre-July nineteen ninety-eight
practice of navigating on the San Juan River, subject to prior authorization by
Nicaragua, for the purposes of bringing supplies and relief personnel to its bases
on the right bank of the river; (2) during the course of the meeting, Colonel
Alvarado of Costa Rica began by stating accurately that, before nineteen nînety
eight, the Guardia Civil supplied its border posts via the San Juan River, subject
to prior permission from the Army of Nicaragua, with their weapons placed on the
floor of the vessel, and that the vessel stopped at each Nicaraguan Army post that
it passed en route for review of the personnel and contents on the vessel; (3) that
the Costa Rican delegation specifically requested that Nicaragua agree to return to
that situation.
THIRTEENTH: As of the time of my retirement from military service,
in February two thousand five, no agreement was reached with Costa Rica,
concerning navigation on the San Juan River by vessels of the Costa Rican
Guardia Civil with the objective of supplying the posts located on her territory,
however, contact between the Nicaraguan Army and the Costa Rican Guardia
Civil continued on issues of mutual interest, such as combating drug trafficking,
international cooperation, and that related to security and defence. As expressed
by the person appearing before me, and weil instructed by Me, the Notary, about
the purpose, value and legal transcendence of this act, of the General Clauses that
assure its validity, of the Specifications involved, and of the stipulations, both
explicit and implicit.- This writing was read to the person appearing before me,
who finds it accurate, approves and ratifies it.- Signs it with me.-IVE FAITH
to aUthe above stated. (f) Illegible (f) MOLINA. Notary.-
421 This occurred before me from the front of folio number fifty to the back of
folio number fifty-three, from my present Protocol number twenty-one, that 1have
in the present year. The testimony by which the Declaration was made, covered
three usable pages of sealed legal paper, which was signed, sealed, and dated, in
the city of Managua, at ten thirty in the morning on the twenty fourth of June, two
thousand eight.
Annex 1
AIDE-MEMOIRE
Meeting between the Commander-in-Chief of the Nicaraguan Army
and the Ministerof Public Security of Costa Rica
DATE: July 21, 2000-07-22
TIME: 09:45 to 12:40
PLACE: "Naval Force House," San Juan del Sur, Rivas Province
PARTICIPATE: Nicaraguan Delegation.
Army General Javier Carrion McDonough
Commander-in-Chief of the Nicaraguan Army
Colonel Ricardo Wheelock Roman.
Director of the Mîlitary History Center
Major Walner Molina Pérez
Deputy Director of Legal Counsel
Dr. Cecile Saborio Coze
\ Secretary General of Foreign Policy, Ministry of Foreign
Affairs.
Costa Rican Delegation.
Rogelio Ramos Martinez
Minister of Public Security.
Colonel Walter Navarro Romero
Director General of Public Forces.
Colonel Carlos Alvarado Valverde
Director of International Legal Counsel
Ministryof Public Security and Ministry of Foreign Affairs
1. The meeting began with a greeting from Army General Javier Carri6n to the
Costa Rican delegation, followed by a summary of the relations that we have
had on the San Juan River with the different Costa Rican authorities with
whom we have worked over the past ten years, where, on the part of the
Nicaraguan Army, there has always been a relationship of common
422 understanding, at the same time granting, expeditiously and with a fratemal
spirit, verbal permission and authorization for navigation on the riverupply
and relieve the personnel assigned to your country's border posts at Sarapiqui
and El Delta. The abuse of such permission led us to prohibit navigation over
the San Juan River, when you began to patrol the river to intercept illegal
immigration and demand rights claimed by Minister Lizano, but which our
Highest Authority has stated that you do not have. The result of Minister
Lizano's attitude was that the National Assembly became involved in the
matter, declaring the Lizano-Cuadra press release null and converting this
affair into a high priority issue in the national press.
President Arnaldo Aleman designated me to prepare a mechanism that will
allow you to navigate over the San Juan River in accordance with the
Constitution of Nicaragua, a mechanism that will subsequently be reviewed
and approved by the President of the Republic and established by law in the
National Assembly. 1 can not sign anything that authorizes navigation over
the San Juan River beyond the context imposed by the Constitution of
Nicaragua ofregulating foreign military presence within our territory.
2. The Minister of Public Security of Costa Rica expressed gratitude for the
welcome, affirming that there is indeed a relationship of great fratemity and
understanding between the different posts of the Costa Rican Border Police
and the members of the Nicaraguan Army. We understand your situation in
prohibiting navigation on the San Juan River, it is an issue that goes beyond
your control due to the level reached by the events. I hope that you also
understand our situation and our urgent needo supply and relieve border post
personnel. We change personnel at the posts every fifteen days, generally, we
have two or at most three police officers per post, the supply and relief of the
police officers by land becomes very difficult during the rainy season, thus the
need to do so via the San Juan River. We fully recognize Nicaragua's
sovereignty over the river; that we do not question.
The letters exchanged by the presidents manifested the political will that an
agreement be reached to resolve this problem. In this sense, I am not clear
about the legislative procedure to which you referred, or about how to retum
to the status quo from before 1998.
• At thistime C~olonel Alvarado intervened to state that prior to 1998,
[Costa Rica] supplied its posts from Bocas de San Carlos to El Delta,
that the police navigated wîth their M-16 weapons stored on the
bottom of the vessels (this is not anned navigation but rather
navigation with arms) with prior permission from the Nicaraguan
423 Army, which also verified the personnel and contents of the vessels at
each post that the boat passed. We are not challenging Nicaragua's
sovereignty, but Costa Rica has certain rights. When we carried out the
supply and relief of personnel, we provided notice at each of your
posts.
The verbal permission that we granted was framed within a good neighbor
policy, Army General Carri6n stated, we did not sign any agreement to
establish this practice, nor wasitframed within any existing Treaty. The only
thing we signed was the Joint Communiqué of 1995, in which we agreed to
joint patrols parallel to the border and we committed to fighting against the
illegal trafficking of persons, vehicles and contraband of all types and to the
exchange of operational information. We have always maintained routine
control over the San Juan River in terms of migration; navigation, crews,
vessels, vessel documentation, tourists, etc.
The navigation ofyour Border Police via the San Juan River became a topic of
high national sensitivity. Therefore, today we must think more about a new
mechanism than about the status quo prior to 1998, when you clearly knew
that, in order to navigate then Juan River, you had to ask permission, which
was always verbal and was granted only in the sector Boca del Sarapiqui to El
Delta. To believe that now you are going to navigate from Boca de San Carlos,
where you have never done it, is to misunderstand the new reality in which we
are found. Nicaragua's Constitution stipulates that any foreign military
presence with humanitarian purposes must be authorized by the National
Assembly by means of a law (which follows the normal procedures for all
laws), and the Nicaraguan Army is responsible for the operational execution of
this military presence by means of a document signed by the military parties,
as we do for the New Horizons maneuvers with the United States of America,
or with France, or wîth other countries. Therefore, the navigation of your
Border Police must fall under the normality of what Nicaragua has been doing
in recent years. The Letter of the Presidents is a good road to start. It is a
political plan, but we must be careful. I am absolutely subject to what is
stipulated by the Political Constitution of Nicaragua. Otherwise, the National
Assembly can relieve me of my duty.
3. Minister Ramos asks if it is they who must request permission from the
National Assembly of Nicaragua. If this is the case, it would be very difficult
to do, because Costa Rican public opinion would condemnit for relinquishing
sovereignty that by right is theirs. A law and the implementation of a
mechanism were not the intention of the Presidents. The issue of asking
permission would seem like the abandonment of a right that the people of
424 Costa Rica perceive as theirs. It would not be well received in the national
forum.
• Alvarez intervenes to state that they have always navigated over the
San Juan River, have supplied their posts, and that, by the Jerez-Canas
Treaty and Cleveland Award, have a right to the Defense of the River,
which they carry out from their border posts.
4. What we intend, responds Army General Javier Carri6n, is to end the problem
and establish a new relationship that definitively resolves the problem of the
navigation of your Border Police on the San Juan River. The word agreement
is not included in the Presidents' communiqué;it only mentions the status quo
prior to 1998, which means that [Costa Rican Border Police] always navigated
with our permission. We decided whether there was passage or not, and we
exercised ail of the controls I referred to earlier, as you weil know. Written
permission to navigate never existed. This problem must be removed from the
Treaties, and a law must be made that will allow for the permanent supply and
reliefof your border post forces. The only viable way to do this today is that
the National Assembly enact a law that enables us to prepare a mechanism,
which may contain:
Sector of the San Juan River over which the mechanism shaHbe applied.
Presentation of the forms for navigation over the river.
Trimesterly planning of the dates of supply and relief actions
Procedures for application of the mechanism
Trimesterly and semi-annual review of the supply and relief mechanism
[General Carri6n] explains the procedure for the preparation of the law and
how the Army has done so in the cases of the United States of America,
France and ail countries that came after Mitch. Itremains clear that the
permission is requested to the Nicaraguan Army. He offers to send one of the
laws issued by the National Assembly for their perusal. It may seem to you
that the proposed procedure is very long, but it is more certain to provide a
solution to the problem, which is the intention of both Presidents. In addition,
its approval will not take too long.
5. The Minister of Security states that finding an agreement under this
framework is new to him, that he will reportitto President Rodriguez and that,
for their part, there is a positive willingness to advance toward the solution of
the stated problem, since he was tasked by President Rodriguez to collaborate
with the authorities of the Nicaraguan Army.
4256. It is agreed that at the next meeting the Nicaraguan Army will present the
mechanism for implementation of the Law to be approved by the National
Assembly for the supply and relief of the border posts at Boca de Sarapiqui
and El Delta. The meeting place will be made known at a later date by the
Costa Rican authorities, and will be held in Liberia on August 18 of this year.
• Ahother issue covered was the experience of the Ministry of Public Security in
the implementation of the anti-drug Treaty with the United States of America.
To date, more than 300 boardings have been carried out. Minister Rogelio
Ramos was invited to participate in a patrol with officers and sailors of the
Nicaraguan Navy.
• The Minister of Public Security of Costa Rica explained how the Border
Police are organized. The northern border area has one headquarters located in
Liberia and is divided into different sections/zones covered from the central
Headquarters. Simila:rly, the southern border area also has only one
Headquarters. ·
• It remained clear that for them the problem of permission was a very
important and sensitive element. At the end of the meeting, they expressed that
this issue would remain pending.
426 ANNEX69
Affidavit of Lieutenant Colonel Juan Bosco Centeno Arostegui
9 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER THIRTEEN - NOTARIAL
CERTIFICATE. In the Archipelago of Solentiname, District of the San Carlos
Municipality, San Juan River Province, at ten in the morning on the ninth of
March, 2008. Before me, WALNER ABRAHAM MOLINA PEREZ, Attorney
at Law and Notary Public of the Republic of Nicaragua, domiciled in the city of
Managua, duly authorized by the Honorable Supreme Court of Justice to act as
notary during the five year period that expires on fifteenth of April, 2008. Mister
JUAN BOSCO CENTENO AROSTEGUI, stands before me and in his own
name, with identity card number 001-170253-0009P, of age, married, retired from
military service, and domiciled at the Solentiname Archipelago, Guabo farm,San
Juan River Province. Who I swear to know personally and who in my judgment
has sufficient civil and legal capacity necessary to bind himself and contract,
especially for the execution of the present act. Manifests the following:
First: I am a citizen of the Republic of Nicaragua, born in the city of
Managua on the sixteenth of February, 1953. I am presently retired, and living in
the Solentiname Archipelago, San Juan River Province. I served as an active
military agent during the period between 1979 and 1991 as an officer of the Army
of the Republic ofNicaragua.
Second: From July to December 1979, and from the beginning of 1982 to
June 1991, I served as Commander of the currently named Southern Military
Detachment, which includes the entire San Juan River. While the name of the
military base evolved during my tenure, my position as Commander remained the
same. In 1979, the base was named "Special Zone IV;' then it was named
"Border Detachment Ivan Montenegro Baez" upon my retum in 1982, and later
the "55th Brigade of Military Region V." The current name of the Southem
Military Detachment was established after my retirement from the military.
Third: During these periods in 1979, and from 1982 to 1991, the
Nicaraguan army was responsible, as it continues to be today, for securing
Nicaragua's borders, and the detachment that I commanded was responsible for
securing the San Juan River, part of which borders Costa Rica; and the troops
under my command regularly patrolled the San Juan River and monitored ali
traffic on the river. During the periods that I was the Commanderof the Military
Detachment for this zone, there was very little civilian traffic on the San Juan
River. The river had been a war zone in the 1970's, during the armed
confrontation that led to the overthrowof the dictatorship of General Anastasio
Somoza Debayle in July 1979. As a result, during the second half of the 1970's
especially, the river was unsafe for normal civilian traffic, and navigation on the
river, whether for commercial or other purposes, was extremely uncommon.
429 Fourth: For sorne time, after the triumph of the revolutionary forces and
my arrival as Commander in July 1979, the region remained insecure. During that
period, there was sorne commercial navigation on the river, but not very much.
There was no international trade, only local trade between settlements on the river
like San Juan del Norte in Nicaragua and Barra del Colorado or Puerto Viejo de
Sarapiqui in Costa Rica. There were no customs posts on the Costa Rican side of
the river. The local river trade consisted principally of the transport of coconuts
and lobster from San Juan del Norte to Barra del Colorado. There was also sorne
transport of merchandise between Puerto Viejo de Sarapiqui and Barra del
Colorado and San Juan del Norte, mainly for supplyingpulperias ["Mom and Pop
stores''] in Barra and San Juan. The local traders who transported these goods,
both Nicaraguans and Costa Ricans, operated their small boats freely along the
river. There were no tourist excursions at that time. There were infrequent vîsits to
the San Juan by Costa Rican officiais aboard their own vessels. They reported
their presence to the Nicaraguan army posts, and were given verbal authorization
before they navigated in what they i'ecognizedwere Nicaraguan waters. By 1982,
when I retumed to the region as Commander of the Southem Military
Detachment, it had become a war zone again. Counter-revolutionary forces
("contras") had organized in Northern Costa Rica, along the right bank of the San
Juan River, and they made frequent attacks and forays across it.The river was
unsafe for navigation for the rest of the 1980's, un tilthe fighting ended in 1990
and the counterrevolutionary forces were fully demobilized in 1991. The contras
fired atail our vessels that navigated the river and tried to sink them, and we did
the same to ail the vessels that we believed were theirs or were bringing them
supplies. For security reasons, army patrols on the river stopped, inspected and
searched ail boats that they encountered, whether the boatman and any passengers
were Nîcaraguan, Costa Rican or of another nationality. If the patrols were
satisfied that the activity was legitimate and unconnected to the contras, they did
not interfere. We encountered a few tourism excursions in 1982, but not thereafter.
Nor was trade conducted via the river after 1982. If there were any local trade, it
would have been very minimal, given the great danger to which the boatmen were
exposed if they were mistaken for an enemy by the contending military forces.
There was definitely no trade with San Juan del Norte, which was isolated and
incapable of obtàining supplies. As a result, the entire population abandoned the
town, mainly moving north along Nicaragua's Atlantic Coast, in sorne cases as far
as the border with Honduras. During the periods that I was Commander of the
Military Detachment responsible for the San Juan River, Costa Rica maintained
two police posts on her side of the river, at Boca San Carlos (where the San Carlos
River joins the San Juan) and farther away at Boca Sarapiqui (where the Sarapiqui
River joins the San Juan). These small posts had only a couple of policemen. They
were supplied, and the policemen were periodically relieved, either by river
transport from withîn Costa Rica (via the San Carlos River or the Sarapiqui River)
or by road. These police posts were not supplied or relieved by traversing the San
430Juan River. Nor did the Costa Rican police patrol the San Juan or carry out any
police functions on the river during either of the periods when I served as
Nicaragua's military commander. According to our military intelligence, the Costa
Rican security forces openly collaborated with the contras in northem Costa Rica,
including along the banks of the San Juan, but they did not themselves venture
into the river during this tirne.
As expressed by the person appearing before me, and weil instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity, of the specifications involved, and of the
stipulations, both explicit and implicit, .and of the necessity to liberate the
corresponding testirnony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to aU
the above stated. (f)Illegible (f)Molina.
This occurred before me from the reverse of folio number twelve to the
front of folio number fourteen, from my present Protocol number twenty-one that
I have in the present year. This first testimony, from which the Declaration is
made, was carried out, on two pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at ten in the morning of the tenth of
March, 2008.
431 ANNEX70
Affidavit of Captain Mario Garcia Lopez
9 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER FOURTEEN - NOTARIAL
CERTIFICATE. In the city of San Carlos, San Juan River Province, at eleven in the
moming on the ninth of March, 2008. Before me, WALNER ABRAHAM
MOLINA PEREZ, Attorney at Law and Notary Public of the Republic of
Nicaragua, domiciled in the city of Managua, duly authorized by the Honorable
Supreme Court of Justice to act as notary during the five year period that expires
on fifteenth of April, 2008. Mister MARIO GARCIA LOPEZ, stands before me
and in his own name, with identity card number 408-130965-0000E, of age,
married, in military service, and domiciled at the border post at Sarapiqui,
Municipality of San Juan de Nicaragua, San Juan River Province, and in transit in
this city. Who I swear to know personally and who in myjudgment has sufficient
civil and legal capacity necessary to bind himself and contract, especially for the
execution of the present act. Manifests the following:
First: I am a citizen of Nicaragua, born in Masatepe, Masaya Province,
the thirteenth of September, 1965. I am a Captain in the Army of Nicaragua, I
have held this rank since September2002. I am currently the Chief of the Second
Border Sector of the San Juan River, responsible for overseeing the military posts
along the San Juan River from Boca de San Carlos to the border post at San Juan
de Nicaragua. My area of responsibility covers the military posts at Boca San
Carlos, Sarapiqui, Delta, and San Juan de Nicaragua, all of which, except San
Juan de Nicaragua, are located in front of the Costa Rican Civil Guard posts. I
have held this position from January to July 2006 and from January of this year
until the present date.
Second: Since 1assumed this position, the Costa Rican Civil Guard has
not navigated on the San Juan River. The Civil Guard has not used the river to
supply their posts, as they did from time to time in the past as a result of the
authorization Nicaragua gave them for that use. Since that practice ended, the
Civil Guard has been supplying its posts locatedo the south of the right margin of
the river by land and by interior rivers. All of the Costa Rican posts are accessible
by road, including roads that Costa Rica has built the past few years. The Costa
Rican post at Delta is supplied by boat from Barra del Colorado using the
Colorado River which is entirely in Costa Ricanterritory.
Third: All police powers and authority on the river are exercised by
Nicaragua, and particularly by the Nicaraguan Army and various agencies the
State has positioned in the border posts. Nicaraguan army vessels carry out
regular patrols, as do the park rangers of the Ministry of the Environment and
Natural Resources. There is very little private traffic on the San Juan River. There
are a few Nicaraguans and Costa Ricans who transport goods between different
settlements on the river. They operate their own small boats. There is also
435navigation by the Costa Ricans who reside in Costa Rica on the bank of the river,
also in their own small boats. They travel between points close to the river in
Costa Rican territory for their own private purposes. There is a passenger transport
service between the Nicaraguan towns of San Carlos on Lake Nicaragua and San
Juan de Nicaragua on the Caribbean Sea (Atlantic Ocean). Without a doubt, the
main use of the river by private vessels is for tourism. There are also Nicaraguan
boats that carry passengers from San Carlos or El Castillo, located on the portion
of the river where both banks belong to Nicaragua, to San Juan del Norte or
intermediate points on the lower portion of the river where the right bank forms
the border. The vast majority of the tourist boats that navigate the San Juan River
are Costa Rican. They na vigate primarily traveling between the Costa Rican towns
of Puerto Viejo, on the Sarapiqui River, and Barra del Colorado, on the Colorado
River, to Tortuguero, on Costa Rica's Atlantic Coast. This necessarily involves
traversing the San Juan River between Boca de Sarapiqui and Delta.
Fourth: With the exception of the local Costa Rican residents, ali ofthese
boats are required to obtain Nicaraguan departl.Jre clearance certificates before
they may navigate on the San Juan River. This includes boats operated by
Nicaraguans. The departure clearance certificate certifies that the boat has been
inspected, and that it meets ali Nicaraguan safety requirements for navigation on
the river. The inspection is carried out by Nicaraguan Army personnel and is
conducted at the first point of entry onto the San Juan River. The boat operator is
required to pay a fee of US $5 for this service. AU boats must also identify their
passengers and any cargo that they are carrying. This is a security measure
designed to ensure that there is no illegal trafficking of persons or goods on the
river, and to ensure that no one who enters and exits the river has entered the Indio
Maiz Biological Reserve, located on the northern bank of the river's course, where
access is not allowed. These boats must report at each Nicaraguan military post
that they pass while traversing the river.
Fifth: All tourist boats entering the San Juan River from Costa Rica must
also register their passengers with Nicaraguan immigration authorities at their
point of entry onto the San Juan River. As at all immigration entry points in
Nicaragua, the tourist's information is registered at the post. This measure is
particularly important on the river due to the need to protect against any illegal
entry into the Indio Maiz Biological Reserve. Upon registry, the tourist is
provided a tourist card for US $5 and pays an immigration processing fee of US
$2, as is required at ali Nicaraguan immigration entry facilities. The great
majority of tourists are citizens of nations listed as Immigration Category A,
which are not required to present a consular visa to enter Nicaragua. However, if
a tourist happens to be from a country where Nicaragua requires a consular visa,
the tourist will haveto have a visa to enter Nîcaraguan territory.
436 Sixth: Nicaragua does not require the Costa Rican residents along the
river to have their boats inspected, or to pay a fee for a departure clearance
certificate, or to register with Nicaraguan immigration, or to have a consular visa
when they navigate on the San Juan River. If a resident passes a military post, he
is required to simply notify the post of his passage. Ail local residents are
provided a courtesy departure certificate for their regular usef the river, which is
valid for one month and is permanently renewable.
Seventh: During my tenure, there have been primarily three boatmen who
use the river to transport goods, two of whom are Costa Rican nationals. Both of
the Costa Ricans are residents of the community of La Tigra, on the Costa Rican
side of the river, between Boca de Sarapiqui and Delta. One of them sells boat fuel
at La Tigra, which he obtains from Puerto Viejo up the Sarapiquf River. He travels
on the San Juan River the short distance of 15 km, between La Tigra and Boca de
Sarapiquf, on his route to Puerto Viejo. The other Costa Rican, Carlos Rugama,
owns a small grocery store in La Tigra, and he too navigates the San Juan and the
Sarapiqui Rivers to obtain his supplies at Puerto Viejo. The Nicaraguan boatman,
Rigoberto Acevedo, delivers commodities and other household supplies from
Puerto Viejo to San Juan de Nicaragua. Both Costa Rican boatmen have been
provided courtesy departure clearance certificates, since they are residents of the
river. They are not required to pass through Nicaraguan customs or to have a
Nicaraguan visa.
As expressed by the person appearîng before me, and well instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity,of the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to liberate the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to ali
the above stated. (f) Lopez (f) Molina.
This occurred before me from the front of folio number fourteen to the
reverse of folio number fifteen, from my present Protocol number twenty-one that
1 have in the present year. This first testimony, from which the Declaration is
made, was carried out, on two pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at eleven in the morning of the tenth of
March, 2008.
437 ANNEX71
Affidavit of Martin Antonio Jarquin L6pez
4J June 2008AFFIDAVIT DOCUMENT NUMBER TWENTY-EIGHT, NOTARY
DECLARATION. In the city of Managua, Department of Managua. At eleven in
the morning, on the fourth (4) of June of two thousand eight (2008). Before Me,
WALNER ABRAHAM MOLINA PEREZ, Attorney and Notary Public of the
Republic of Nicaragua, of this domicile and residence, duly authorized by the
Honorable Supreme Court of Justice to exercise the profession of Notary during a
five-year period that expires on the fifteenth (15) of April of two thousand thirteen
(2013), there appearMr. MARTIN ANTONIO JARQUIN LOPEZ, of legal age,
married, an official of the Directorate General of Immigration and Alien Services of
the Ministry of Govemment of the Republic of Nicaragua, of this domicile, who
identifies himself with Identity number four, eight, one, hyphen, two, zero, one,
one, six, zero, hyphen, zero, zero, zero, zero, letter E (481-201160-0000E). I
ATTEST that the appearing partyis personally known by me and has the necessary
legal capacity to bind himself and enter into agreements, especially for executing this
instrument, in which heECLARES as follows:
FIRST: That he is a Nicaraguan citizen and presently holds the position of
Border Dîrector at the Directorate General of Immigration and Alien Services of the
Ministryof Government of the Republic of Nicaragua with the rank of Captain and
has been an officer in that Directorate for~ (f5)vears.
SECOND: That to regulate all migratory activities in the national territory, a
broad legal framework exists in Nicaragua, including specialized legal regulations,
such as Nationality Law, Law No. 149 (one hundred forty-nine); hmnigration Law,
Law No. 153 (one hundred fifty-three), Alien Status Law, Law No. 154 (one
hundred fifty-four), Illegal Immigration Trafficking Control Law, Law No.two
hundred and forty) and Immigration Incentive Law, Law No.50 (two hundred and
fifty), among others.Ali these, as weil as other internai provisions, grant great
importance to the migratory control that should be provided by the immigration posts
to foreigners entering the Nicaraguan territory through any international border post
operating in the country.In this regard, the Immigration Law, published in the
official daily La Gaceta No.0 (eighty) on the thirtieth (30) of April of nineteen
ninety-three (1993), grants to the immigration posts the power to authorize the entry,
exclusion, deportation or expulsion from the national territoryforeign citizen
who attempts to enter the country. The registration made by the person in charge
the immigration dispatch, as weil as the certificate issued is vitally important for any
immigration changes to be made at the Central Offices of the Directorate General of
Immigration and Alien Services in Managua. Further, he states that these
immigration records were provided by the Directorateof Immigration and Alien
Services locatedt the Sarapiqui post, which keeps them under its custody and form
part of an ordinary process that is practiced in all border posts of the country,
whereby the Directorateof Immigration and Alien Services keeps a record of all
persans entering Nicaragua. In that sense, each record details the foreigner's first
441name and sumame, nationality, passport number, date of birth and occupation, as
well as the date of entry and date.of departure from the immigration border post and
the address in Nicaragua to which they are traveling. This is a procedure carried out
by all immigration offices for international entty and .departure to and from
Nicaragua.
THIRD: From the date that immigration posts were established in the
localitiesof Sarapiqui, Boca de San Carlos, Delta and San Juan de Nicaragua, all
located on the San Juan River, department of Rio San Juan, books and immigration
control cards were provided, which books, as a rule, must be kept by the immigration
control posts that lack computerized systems and must be subsequently transferred to
the central officeof Immigration in the city of Managua, where the data is entered in
a central computer system for the registration and control of foreigners and nationals
entering or leaving the national territory. The post located in Sarapiqui îs the border
post through which tourists entering the San Juan River traveling with Costa Rican
companies pass; almost aHtourist excursions from Costa Rica entering or leaving the
river pass by the Sarapiqui post in route to the Sarapiqui river that connects the
interiorof Costa Rica with the border.
FOURTH: These registration books are provisionally safeguarded in each
immigration control post and are subsequent!y transferred to the central Immigration
registry in the cityf Managua to be archived.
FIFTH: Said books record all immigration movements and the detailed
information of each tourist, making it possible to identifYthe number of tourists who
passed through the Sarapiquî immigration post. That he inserts in this statement, as
an example, pages number zero six eight (068) and zero six nine (069) of the entry
book kept at the Sarapiqui post for the dates corresponding to September twenty
second (22) through twenty-fourth (24) of the year two thousand (2000). In order to
determine the number and nationality of the tourists who were registered at the
Sarapiqui post, these registrations were counted, providing the following data: In
nineteen ninety-seven (1997), two hundred thirty (230) Americans, one hundred
seventy-six (176) Germans, five (5) French, thirty-nine (39) Costa Ricans, fourteen
(14) Spaniards, twenty-one (21) Canadians, six (6) ltalians, nineteen (19) English
and ninety-three (93) other nationalities were registered for a total of six hundred
three citizens (603); in nineteen ninety-eight (1998), the entry oftwo hundred thirty
(230) Americans, one hundred eleven (111) Germans, twelve (12) French, one
hundred twelve (112) Costa Ricans, ninety-nine (99) Spaniards, twenty-four (24)
Canadians, five (5) Italians, fifty-eight (58) English and sixty60) other nationalities
was registered for a totalof seven hundred eleven (711) citizens; innineteen ninety
nine (1999), the entry of one hundred twenty-one (121) Americans, forty-nine (49)
Germans, seven (7) French, one hundred sixty-two (162) Costa Ricans, two (2)
Spaniards, fourteen (14) Canadians, three (3) ltalians, twenty-four (24) English and
442eighty (80) other nationalities was registered for a total of four hundred sixty-two
(462); in the year two thousand (2000), the entry of five hundred seventy-six (576)
Americans, one hundred ten (110) Germans, forty-one (41) French, two hundred
seventy (270) Costa Ricans, two hundred seventy-five (275) Spaniards, one hundred
forty-eight (148) Canadians, thirty-three (33) ltalians, ninety-nine (99) English and
two hundred ninety-one (291) other nationalities was registered for a totalof one
thousand eight hundred forty-three (1,843) citizens; in the year two thousand two
(2002), the entry of eight hundred sixty-eight (868) Americans, one hundred eighty
two (182) Germans, one hundred five (105) French, four hundred fourteen (414)
Costa Ricans, one hundred thirty-three (133) Spaniards, one hundred one (101)
Canadians, forty-nine (49) Italians, one hundred eighty-four (184) English and three
hundred sixty-nine (369) other nationalities was registered for a total of two thousand
four hundred five (2,405) citizens;n the year two thousand three (2003), the entry of
one thousand one hundred seventy-seven (1,177) Americans, one hundred thirty-nine
(139) Gennans, two hundred fourteen (214) French, three hundred thirty-six (336)
Costa Ricans, one hundred sixty-eight (168) Spaniards, one hundred thirty-three
(133) Canadians, one hundred forty-four (144) Italians, three hundred fifty-seven
(357) English and six hundred twelve (612) other nationalities was registered for a
totalof three thousand two hundred eighty (3,280) citizens; and in the year two
thousand four (2004), the entry of nine hundred seventy-six (976) Americans, one
hundred twenty-five (125) Germans, two hundred thirty-one (231) French, one
hundred forty-four (144) Costa Ricans, one hundred three (103) Spaniards, one
hundred twenty-one (121) Canadians, one hundred eighteen (118) ltalians, four
hundred eighteen (418) English and three hundred fifty-four (354) other nationalities
was registered for a total of two thousand five hundred ninety (2,590) citizens.
Having stated the foregoing, the appearing party was advised by me of the scope,
value and legal transcendence of this act, the general clauses that guarantee the
validity of this instrument, and the special clauses that involve waivers and
implicit and explicit stipulations. 1 read the entire document to the appearing
party, who states its concurrence, approves, ratifies and signs with me.ATTEST
to all related matters. /si Illegible/s/ Molina.
Copied before me from the front of page
number forty-eight to the front of page number
fiftyof my Protocol number twenty-one kept for
this year. 1 issue this first certified copy of the
Affidavit on two stamped legal sheets, which 1
sign, seal and rubricaten the city of Managua,
at ten thirty in tmornin og he fifth of June
of two thousand and eight.
443 ANNEX72
Affidavit of Brigadier General César Ovidio Largaespada
Pallavicini
9 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER FIFTEEN NOTARIAL
CERTIFICATE. In the city of Managua, at four in the evening on the ninth of
March, 2008. Before me, WALNER ABRAHAM MOLINA PEREZ, Attorney
at Law and Notary Public of the Republic of Nicaragua, domiciled in the city of
Managua, duly authorized by the Honorable Supreme Court of Justice to act as
notary during the five year period that expires on fifteenth of April, 2008. Mister
CESAR OVIDIO LARGAESPADA PALLA VICINI, stands before me and in
his own name, with identity card number 001-060756-0003A, of age, married, in
military service, and domiciled in the city of Managua, Municipality of
Managua. Who I swear to know personally and who in myjudgment has sufficient
civil and legal capacity necessary to bind himself and contract, especially for the
execution of the present act. Manifests the following:
First: 1am a citizen of Nicaragua. 1was born in Managua on the sixth of
July, 1956. 1 am a Brigadier General in the Army of Nicaragua. 1 have held this
rank since 2006. 1 am currently the Auditor General of the Army of Nicaragua. I
have been in this position since 2002.
Second: From the 4 of January 1996 until the 28 ofüctober 1997, 1was
Chief of the South Military Detachment, with headquarters in San Carlos, at the
source of the San Juan River. The South Military Detachment was responsible for
security and border protection in the San Juan River Province, including the San
Juan River and the national park known as the Indio Maiz Biological Reserve. To
assure security, border protection, navigation safety and environmental protection
the army maintained eight posts along the San Juan River. Of these, four were
located in Nicaraguan territory in the area where the right bank of the San Juan
River forms the border with Costa Rica. These were in Boca San Carlos, Boca de
Sarapiqui, Delta and San Juan del Norte.
Third: The policing of the San Juan River, including the part of the river
where the right bank belongs to Nicaragua, has been the responsibility solely of
Nicaragua, since Nicaragua alone is sovereign over the river, and Nicaragua alone
has exercised police power over it. This function has been carried out by the
personnel stationed at the posts mentioned in the previous paragraph, who
regularly patrolled their assigned sections of the river in motorized patrol boats.
Costa Rican security personnel, belonging to the Guardia Civil, were stationed in
Costa Rican territory in front of the Nicaraguan posts at Boca San Carlos, Boca de
Sarapiqui and Delta, but their area of jurisdiction was only on land, and on the
rivers internai to Costa Rica, namely, the San Carlos, the Sarapiqui and the
Colorado Rivers. The Guardia Civil bad no jurisdiction, nor has it exercised
police responsibilities, with respect to the San Juan River.
447 Fourth: Relations between the Nicaraguan and Costa Rican security
personnel stationed along the San Juan River were generally excellent durîng the
time 1 served as Chief of the Military Detachment. Periodically, the Nicaraguan
post commanders would meet with their Costa Rican counterparts, either at the
Nicaraguan or the Costa Rican post, and exchange information on criminal
activity.
Fifth: My headquarters also authorized the Guardia Civil to navigate on
the river, in their own vessels, for the purpose of bringing supplies to their posts at
Boca San Carlos, Boca de Sarapiqui and Delta. These trips were made on average
once every month. The procedure was as follows: the Guardia Civil requested
authorization to make a particular trip for the purpose of bringing supplies to
particular posts on a particular date; authorization would be given by Nicaragua,
and the Guardia Civil vessel would begin its joumey by reporting to the
Nicaraguan post across the river; a Nicaraguan sergeant would board the vessel
and would accompany them on their itinerary on the San Juan River; the Guardia
Civil personnel were not permitted to travel armed, so their rifles were placed on
the floor of the vessel and the Nicaraguan sergeant made sure that they stayed
there while the vessel was in Nicaraguan waters. No departure clearance
certificate was required and no fees were charged by Nicaragua. During this
period, Costa Rica was engaged in constructing and improving roads connecting
ali of her posts on the San Juan River so that supplying and relieving the
personnel at these posts could be conducted by land transport instead of by the
river.
Sixth: On certain occasions, other Costa Rican .officiais- not belonging
to the Guardia Civil - requested permission to navigate the San Juan River,
among them, officiais from the Social Security Agency of Costa Rica and the
Ministry of Education. This was also the case for non-govemmental organizations,
like the Costa Rican Red Cross, which brought medicines to the local river
communities, or transported the sick. These vessels followed the same procedure
as in the case of the Guardia Civil: permission to navigate was requested in
advance; authorization was given; the vessel reported to the Nicaraguan border
posts and registered the passengers and crew; anditwas allowed to navigate. As a
courtesy, no departure clearance certificates were required and no fees were
ch~rge ·d.
Seventh: Non-official traffic on the river was very limited. As San Juan
del Norte, today San Juan de Nicaragua, gradually became repopulated (its entire
population had abandoned the town during the civil war of the 1980's), a
passenger service emerged connecting San Juan del Norte with San Carlos on the
edge of Lake Nicaragua. This was operated by a Nicaraguan company. There was
very little trade traffic on the river. The new residents of San Juan del Norte
448engaged in sorne minor commerce with Barra del Colorado, using the river, and
there were occasional deliveries of basic supplies from Puerto Viejo de Sarapiqui
to Barra del Colorado. But this kind of commercial traffic, carried on by small
boats, was very infrequent. There was no truly international trade of any kind.
There were no customs posts. There was a small number of boatmen, both
Nicaraguan and Costa Rican, engaged in this commercial navigation. They were
required to undergo a safety inspection and obtain a departure clearance certificate
from the Nicaraguan military post nearest to their point of entry into Nicaraguan
waters. The Costa Rican commercial boatmen, who were weil known by the
Nicaraguan authorities, were not required to pass through Nicaraguan immigration
or to pay any fees in that regard. Nor were they required to obtain tourist cards.
They navigated freely on the river.
Eighth: Apart from these shipments of articles of basic consumption, the
river was also navigated by local Costa Ricans who lived in the communities in
the Costa Rican territory near the river. These were very small hamlets with a total
Costa Rican population of no more than a thousand people. Most were dedicated
to cattle raising, which was the biggest industry and main source of employment
on the Costa Rican side. They used the river to travel to work, or to a store to
purchase supplies, for example. They traveled freely on the river. For safety and
security purposes, they were required to report to the nearest Nicaraguan post on
the river. But they were not required to undergo inspection of their vessels or
obtain a departure clearance certificate, or to pass through Nicaraguan
immigration or pay any fees or other charges. In emergencies, they could navigate
the river at night. Otherwise, night travel on the river was prohibited because it
was extremely dangerous. The river is full of fallen trees and other floating abjects
that cannat be seen in the dark. Also, the boats that operate along the river
generally have no lights, so there is a serious risk collisions.
Ninth: The most significant Costa Rican use of the river during the time I
was Chief of the Southem Military Detachment was by Costa Rican boats
conducting tourism excursions, carrying tourists from North America, Europe and
Asia. The principal route began in Costa Rica at Puerto Viejo de Sarapiqui, where
it takes approximately three hours by boat along the Sarapiqui River to get to its
mouth at the San Juan River. From there, the tourist boats entered the San Juan
River, continuing in an eastbound direction to Delta, where part of the San Juan
River flows into the Colorado River. At that point, the boats left Nicaraguan
waters and continued their joumey inside Costa Rica down the Colorado or Barra
del Colorado or Tortuguero until the coast of the Atlantic Ocean. In ali cases, the
tourist boats were required to stop at the Nicaraguan post at their point of entry
onto the San Juan River, at Boca de Sarapiqui, in order to be inspected for safety
purposes, to assure that the vessel carried a sufficient number of life vests and to
confirm that boatman carried a valid Costa Rican operator's license. If these
449conditions were met, a departure clearance certificate, for which the boatman paid
a fee of US$ 5, was issued allowing him to navîgate the river. All tourists were
required to purchase a tourist card for US$ 5, as they are at ali points of entry into
Nicaragua. Tourists were required to present passports, and those from countries
where a visa îs requîred to enter Nicaragua were also required to have a visa. In
practice, this applied to very few tourists, since Nicaragua does not require visas
from citizens of the United States, and the European Union countries, among
others. Tourîsts were also required to be processed by Nicaraguan immigration
officiais stationedat the pos.t,and to pay a fee of US$ 2 for this service, as well as
a US$ 2 fee for the immigration services related to departing the country. When
the vessel completed the San Juan River portion of its excursion, it stopped again
at the Nicaraguan military post located at that point, at Delta, to register the
tourists' departure and to assure that everyone who entered Nicaragua was exiting,
and that none of them had been left behind in Nicaraguan territory. This was
necessary as a security measure, to assure that there were no unauthorized entries
înto the protected areaof the Indio Maiz Biological Reserve.
Tenth: Because the lndio Maiz Biological Reserve and the San Juan
River are protected areas, înhabited by rare and endangered land and aquatic
species, Nicaragua does not permit hunting or fishing in these areas. This
prohibition applies to Nicaraguans as well as Costa Ricans. The Nicaraguan army
enforces this prohibition. Anyone caught fishing on the river will be apprehended,
and his boat and fishing tools are subject to seizure. The only exception is that
Nicaragua does not interfere with Costa Ricans fishing from Costa Rican territory.
That is, they are permitted to fish in theSan Juan while they are on the right bank
of the river.
As expressed by the person appearing before me, and weil instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity,of the specifications involved, and of the
stipulations, both explîcit and implicit, and of the necessity to liberate the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to all
the above stated. (t) Illegible (f) Molina.
This occurred before me from the reverse of folio number fifteen to the
reverse of folio number seventeen, from my present Protocol number twenty-one
that 1have in the present year. This first testimony, from which the Declaration is
made, was carried out, on three pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at eleven thirty in the morning of the
tenth of March, 2008.
450 ANNEX73
Affidavit of Brigadier General Denis Membrefio Rivas
10 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER SEVENTEEN -
NOTARIAL CERTIFICATE. In the city of Managua, at eleven in the moming
on the tenth of March, 2008. Before me, WALNER ABRAHAM MOLINA
PEREZ, Attorney at Law and Notary Public of the Republic of Nicaragua,
domiciled in the city of Managua, duly authorized by the Honorable Supreme
Court of Justice to act as notary during the five year period that expires on
fifteenthof April, 2008. Mister DENIS MEMBRENO RIVAS, stands before me
and in his own name, with identity card number 281-160756-0007V, of age,
married, in military service, and domiciled in the city of Managua, Municipality
of Managua, Nicaragua. Who 1 swear to know personally and who in my
judgment has sufficient civil and legal capacity necessary to bind himself and
contract, especiallyor the execution of the present act. Manifests the following:
First: I am a citizenof the Republic of Nicaragua. 1 was born in the city of
Leon, on the sixteenth of July, 1956. I have been a member of the Army of the
Republic of Nicaragua since 1979. 1currently hold the rank of Brigade General,
having been promoted to this position on the second of September, 2007. 1 am
currently the Chief of the Defense Information Directorate.
Second: From 10 February 1992 until31 December 1995, I served as Chief
of the South Military Detachment, which had jurisdiction over the San Juan River
Province, including the entire San Juan River. Headquarters for the Detachment
was in San Carlos, in the southeast corner of Lake Nicaragua, at the source of the
San Juan River. The South Military Detachment came into existence under my
charge, in February 1992. Previously, the Department of Rio San Juan was part of
the Fifth Military Region, which also included the Departments of Boaco and
Chontales. When I arrived at the Detachment at the beginning of 1994, the
Nicaraguan army manned four military posts along the river, at Papaturro, Rio
Frio, Boca de Sabalos and Boca de Sarapiqui. The first two were not located on
the San Juan River. The third was on the part of the river where both banks of the
river belong to Nicaragua. The military post at Boca de Sarapiqui was directly in
front of the post where the Sarapiqui River enters the San Juan.Itwas mainly
from that Nicaraguan military post that, historîcally, Nicaragua monitored and
controlled the navigation of the San Juan River by Costa Ricans, as weil as by
Nicaraguans, on the part of the river where the right margin constitutes the border
between Nicaragua and Costa Rica. During my tenure as Chief of the Military
Detachment, four more Nicaraguan military posts were established along the river,
at ElCastillo (where both banks belong to Nicaragua), and at Boca San Carlos and
Delta, in front of the border, and San Juan del Norte (today San Juan de
Nicaragua).
Tbird: In 1992, my first year as Chief of the South Military Detachment, life
along the San Juan River was transitioning back to normal, after the long
453disruptions caused first by the Popular Revolution against the Somoza dictatorship
in the 1970's and the counter-revolution of the 1980's, because the river was in
the middle of a war zone and frequent military engagements. The town of San
Juan del No.rte, at the mouth of the San Juan River, bad been abandoned by its
population during the 1980's, and remained unpopulated during my entire tenure.
There were no other Nicaraguan settlements on the left bank in front of Costa
Rica, because the entire area is part of a national park, the Indio Maiz Grand
Biological Reserve, where human settlement is prohibited in order to preserve the
natural environment and the rich biologîcal diversity that exists there. For this
reason, there was no trade between Costa Rica and Nicaragua on the lower part of
the river. Nor was there any externat trade between Costa Rica or Nicaragua and
any third countries. The only trade that was carried out on that part of the river
was on the portion between the Sarapiqui River and the Colorado River, which
was used infrequently by Costa Rican boatmen in small boats transporting
supplies from Puerto Viejo de Sarapiqui in Costa Rica, down the Sarapiqui River
to the San Juan, and then east along the San Juan River as far as the Colorado
River (a distance of approximately 24 km.), where they reentered and navigated
Costa Rican waters until their destination at Barra del Colorado on Costa Rica's
Atlantic Coast. These were mainly engaged in the delivery of supplies to the smaU
hotels that were springing up in the area to service Costa Rica's then-nascent
tourism industry in the region.
Fourth: The right of Costa Rican vessels to transport goods along this portion
of the San Juan River was fully respected. Upon entering the San Juan River,
usually at Boca de Sarapiqui, vessels transporting goods were required to register
at the closest Nicaraguan border post. A safety inspection was perfonned, and a
departure clearance certificate, or zarpe, was issued; the fee for this service was
US$ 5. The same procedure was followed with respect to Nicaraguan vessels
navigating on this portion of the San Juan River. A similar procedure was utilized
by Costa Rican authorities when Nicaraguan vessels entered Costa Rican waters,
such as the Rîo Frio) the Sarapiqui and the Colorado; the Costa Rican authorities
required Nicaraguan vessels to stop for inspection and obtain a departure
clearance certificate before proceeding to navigate in Costa Rican waters.
Fifth: This requirement did not apply to the local Costa Rican residents. They
were not required to have their boats inspected, or to pay a fee for a departure
clearance certificate. When local residents passed a military post, they were
required to simply notify the post of their passage. Ali local residents were
provided a courtesy departure certificate for their regular use of the river, which
was valid for one month and could be consecutively renewed.
Sixth: During my tenure as Chief of the Military Detachment, there was a
significant increase in the frequency of navigation of the lower part of the San
454Juan River by vessels carrying tourists. Sorne of the vessels were owned and
operated by Nicaraguans, but the vast majority of them were Costa Rican. The
principal route was from Puerto Viejo de Sarapiqui in Costa Rica up the Sarapiqui
River to the San Juan River, then east along to San Juan River to the location
known as Delta, where the Colorado River begins, and then down the Colorado
(in Costa Rican waters) to Barra del Colorado or Tortuguero on the Costa Rican
coast. Costa Rican tourist boats also traveled back from Tortuguero or Barra del
Colorado to Puerto Viejo de Sarapiqui using the same portion of the San Juan
River, only westbound instead of eastbound. Near the beginning of my tenure, no
more than 10 tourists per month were transported along this route, one way or the
other. However, by the time 1left the Detachment at the end of 1995, the number
increased to between approximately 200 and 700 tourists per month, depending on
the season.
Seventh: This dramatic increase in traffic along the river raised several
concems for Nicaragua. First, as a sovereign State, Nicaragua needed to assure the
safety and security of all transportation in its waters, including transportation by
foreign vessels carrying foreign citizens.Second, Nicaragua bad a need to assure
that the fragile ecology of the Indio Maîz Grand Biological Reserve and the San
Juan River were protected. To accomplish these objectives, Nicaragua not only
required aUtourist boats (including those owned and operated by Nicaraguans) to
register at the closest military post to their point of entry of the river, and to
undergo a safety inspection and obtain a departure clearance certificate; it also
required ail passengers and crews to carry valid passports, and all passengers to
purchase Nicaraguan tourist cards for US$ 5 per passenger and to pass through
Nicaraguan immigration on entering and exiting Nicaragua. These were the same
requirements applied to aU foreign citizens upon entering Nicaragua at any of its
border posts. Initially, a US$ 2 fee was charged upon entering Nicaragua; later an
addition US$ 2 was charged upon exiting national territory. Nicaragua required
that all vessels report to the nearest military post when they left the San Juan
River, as well as when they entered it. This was to assure that the full complement
of passengers who entered Nicaragua were leaving, and that none had
disembarked illegally in Nicaraguan territory, especially in the Biological
Reserve.
Eighth: During my tenure, there were frequent attempts to enter the protected
area to eut down rare trees and valuable hardwood and sneak the logs across the
river to the Costa Rican side. There were also efforts by persons living on the
Costa Rican bank of the river to cross over and hunt or capture protected wildlife
in the national park, orto catch fish in the river. Working with Nicaraguan park
rangers from the Minîstry of Natural Resources and Environmental Protection, our
soldiers did everything they could, despite limited resources, to prevent this
activity, to arrest the perpetrators if caught in Nicaraguan territory, and to
455prosecute them. Because the San Juan River is part of the protected area, and
sorne of its aquatic species are endangered, no fishing is allowed. Neither
Nicaraguans nor Costa Ricans nor anyone else may fish in the river. If they are
caught fishing illegally, their fish, fishing implements and boats are subject to
seizure. The only exceptions are two specifically designated sport fishing zones,
one at San Juan del Norte and one on the upper portion of the river where both
banks belong to Nicaragua, where licensed sport fishing under strict limitations is
permitted during certain periods of the year. The only other exception is for
residents who live along the Costa Rican side of the river. They are permitted to
fish from the shore. But they may not enter the river by boat and fish there.
Ninth: Local residents on the Costa Rican side of the river are free to
navigate in their private vessels between points on the Costa Rican side. They are
only required to report their movements on the river, for purposes of security and
environmental protection. They are issued departure clearance certificates as a
courtesy, for which they are not charged a fee. For the same reasons of security
and environmental protection, navigation is not permitted after dark. This
prohibition applies to everyone, Nicaraguans included. The river is treacherous to
navigate at night, since there are no lights,nd fallen logs and sand bars, invisible
in the dark, are prevalent, as are crocodiles. By longstanding custom nighttime
navigation of the river has not been practiced, except in emergency situations.
Nicaragua authorizes such emergency use of the river at night. Othetwîse, ît is
prohibited mainly for safety reasons. But the prohibition is also necessary for
environmental protection, because it is during the night, when detection is most
difficult, that the protected flora and faunaof the Indio Mafz Biological Reserve
and the San Juan River are most vulnerable to poaching.
Tenth: From my first day at the South Military Detachment in February 1992
until rny departure at the end of December 1995, our relations with the Costa
Rican security personnel were very good. From time to time, my Detachment
coordinated operations against crime with the Guardia Civil, where in a parallel
manner we would travel the relevant sector of the border, them from their territory
and us navigating the San Juan River. These efforts were primarily focused on the
prevention of illegal activities or rescuing shipwreck victims. The Costa Rican
security personnel never navigated on the river without first requesting
authorization from my Detachment. During this period, I was requested by a
Guardia Civil Commander at the border post at Los Chiles, Costa Rica, to
authorize the Guardia Civil to navigate in their own vessels along the San Juan
between their post at Boca de Sarapiqui and their posts at Delta (where the
Colorado River begins) and Barra del Colorado to bring supplies and replacement
personnel to those posts. The Costa Rican Commander explained that it would
facilitate these supply and replacement operations if theGuardia Civil could doit
by river, because the roads were not very good. 1 gave my permission for this
456practice. Prior to each of these operations, which occurred approximately once
every month during my tenure at the Detachment, a Guardia Civil officer
requested authorization to make the joumey. 1 gave the authorization, and
communicated it by radio to the Nicaraguan military post at Boca de Sarapiqui.
The Guardia Civil vesse! then reported to that post as it began its joumey, and
reported to the Nicaraguan post at Delta when it left Nicaraguan waters. At ail
times while navigating on the San Juan, the Costa Rican officers were prohibited
from bearing arms; they were required to carry their arms on the floor of the boat.
At some point, I began to require that a Nicaraguan soldier board the vessel at
Boca de Sarapiqui and accompany it during its joumey through the Nicaraguan
river; he disembarked at Delta, when the vessel entered the Colorado River.
Similarly, whenever a Nicaraguan Anny vesse! entered Costa Rican waters, either
to attend meetings with Guardia Civil officers or as part of a joint operation, we
were required by the Costa Ricans to request pennission before entering their
territory, and to place our arms on the floor of the vessel. We considered this a
normal practice in deference to the State that exercises sovereignty over the
waters.
As expressed by the persan appearing before me, and well instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity,of the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to present the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the persan appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faithto ail
the above stated. (f)Illegible(f)Molina.
This occurred before me from the front of folio number twenty to the front
of folio number twenty-three, from my present Protocol number twenty-one that I
have in the present year. This first testimony, from which the Declaration is
made, was carried out, on three pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at three in the aftemoon on the tenth of
March, 2008.
457 ANNEX74
Affidavit of Lieutenant Colonel Walner Abraham Molina Perez
26 May 2008AFFIDAVIT PUBLIC DOCUMENT NUMBER TWENTY-FIVE (25).
NOTARY DECLARATION. In the city of San Carlos, Province of Rio San
Juan, at ten in the moming, on the twenty-sixth (26) of May of two thousand
eight (2008). Before me, WALNER ABRAHAM MOLINA PEREZ, Attorney
and Notary Public of the Republic of Nicaragua, domiciled in the city of
Managua and in transit through this city, duly authorized by the Honorable
Supreme Court of Justice to exercise the profession of Notary during a five-year
period that expires on the fifteenth (15) of April oftwo thousand thirteen (2013),
by me and before me, DECLARE as follows:
FIRST: I am a citizen of the Republic of Nicaragua, bolder of Identity
Card number one, two, one, hyphen, two, three, zero, nine, five, three, hyphen,
zero, zero, zero, zero, letter A (121-230953-0000A). I was born in the city of
Juigalpa, Province of Chontales, on the twenty-third (23) of September of
nineteen and fifty-three (1953). I am a Lieutenant Colonel of the Army of
Nicaragua. I presently hold the position of Second Chief of the Legal Advisory
Department of the Army of Nicaragua. I have held this position since the year
nineteen ninety-two (1992). In my capacity as Second Chief of the Legal
Advisory Department of the Army of Nicaragua and as Lawyer and Notary
Public, 1 issue this notary statement based on Article forty-three (43) of the
Notary Law in force in Nicaragua. For this Statement, I examined two (2)
Registriesof Minutes on the Activities of the Southern Military Detachment of
the Army of Nicaragua which were placed before me. The first, consisting of two
hundred (200) pages, duly sealed with wax and identified by registration number
CT-No. 02 (C-T-Number-zero-two), with a beginning date of the sixth (6) of
February ofnineteen ninety-six (1996) and closing date of the fourteenth (14) of
September ofnineteen ninety-seven (1997). The second consists of one hundred
and three (03) pages, duly sealed with wax and identified by registration number
CT- No. 12 (C-T-Number-one-two), with a beginning of twelve (12) of
September nineteen ninety eight (1998) and a closing date of fourteen (14)
September two thousand and two (2002). Said books were used by the Guard
official on duty to annotate the activities, facts, reports and other relevant data,
inter alia, the capture of criminals, invasions by squatters, seizure of wood and the
operative situation of the Southern Military Detachment during that period. The
aforementioned Minute Books are under the custody of the command post of said
detachment and were facilitated to me for their inspection.
SECOND: From the aforesaid Minute Books, 1 noted the relevant parts
conceming the activities carried out on the San Juan River in respect to criminal
activities and the protection the environment (against the illegal occupation of
the protected zone, illegal hunting and fishing, and illegal woodcutting) to adopt
prevention measures and preclude such acts and actions, and I prepared a
461chronology of examples of said activities that are geographically located in the
area comprised from the town of San Juan de Nicaragua up to a point three
English miles from Castillo Viejo, municipality of Castillo, Province of Rio San
Juan. Said chronology is attached to this statement as Annex 1. I have stated the
foregoing clearly understanding the legal scope, value and transcendence of this
act, the general clauses that guarantee the validity this instrument, the special
clauses contained herein, and the implicit and explicit waivers made hereunder.I
have read this instrument and having stated its concurrence, approve, ratify and
sign. I attest to ali related matters. (S) Molina.
This occurred before me from the front of page number forty-four to the
back of page number forty-four of my Protocol number twenty-one kept during
this year.1 issue this first certified copy of the Statement on one stamped legal
sheet, which I sign, seal and rubricate in the cityManagua, at eight thirty in the
morning on the thirty-first of May of two thousand and eight.
Annex 1
CHRONOLOGY OF ACTIVITIES ON THE SAN JUAN RIVER
February 28, 2008
CAPTURE OF CRIMINALS
01 January 96: An assault was carried out at the hotel Laguna Lagarto Lodge
inSanta Rita, Costa Rican territory located seven kilometers from the border
post at Boca de San Carlos, where a group of German tourists were staying.
One Swiss woman and one German woman were kidnapped. Between eight
and ten individuals in fatigues and ski masks partiCipated in the assault,
carrying AKA7s, M-16s and hand grenades.
26 April 96, at 09:25 hours: at the San Juan de Nicaragua border post, NA
troops captured the criminal Julio Cesar Vega Rojas (33), of Nicaraguan
nationality, and seized 37,600US dollars, 159,000 Costa Rican colones, and
24 Nicaraguan c6rdobas. It is possible that Vega Rojas îs leader of the
'"Viviana Gallardo Command."
01 February 97, at 8:30 hours: in the coastal sector of Punta Castilla (0908),
5km east of San Juan de Nicaragua, a motor-less, 61-foot copper-colored
fiberglassskiff was found abandoned on the coast, with the name LORAINE
on its side and possible license number PR5416, and a Puerto Rican
commercial fishing stamp ANAZO (002). Inside, 12 kilos of cocaïne were
462found. Ithas currently been seized and is held by NA troops and will be
transferred to the border post atJuan de Nicaragua.
12 August 97, at 14:00 hours: NA troops in San Juan de Nicaragua captured,
in San Juan de Nicragua coordinate (1002), on the river, the vessel named
Candy Priscila with three crew members, owned by Francisco PérezTorres
from Barra Colorado, Costa Rica. This man was accompanied by Alexander
Sanchez Sanchez and Tomas Vidaurre Cajina from Barra Colorado. A 9.9-
HP Suzuki motor was also seized.
08 November 97: in the early moming, six foreign individuals (four of
Turkish nationality and two Colombians) were smuggling 100 rifles through a
blind spot on the border, the Medio Queso sector (2455), 13km southeaof
San Carlos.
15 July 98, at 09:00 hours: NA troops on the San Juan River at San Juan de
Nicaragua captured a skiff named Puma, with three Costa Rican crew
members from Puerto Viejo, Costa Rica: Antonio Campos Gaitan (26 years
old), Giovany Rugama Reyes (23 years old) and Grayvin Rugama Castro (22
years old). In addition, 784 US dollars and 1,467,805 Costa Rica colones
were seized.
06 September 98, at 17:00 hours: NA troops from the San Juan de Nicaragua
border post, in coordinate (1002), captured a rumbo-type skiff named JENDI
MEZA, with a 75-HP Yamaha motor and Costa Rican license CP1786, owned
by Costa Rican Santiago Pefia Campos, with four crew members on board.
Stating they were purchasing drugs, the crew members were: Aletin
Rodriguez Barrantes (22 years old), Costa Rican ID cardN3~340~9 fo m,
whom US$ 2,000 and a Makarov pistol with the seriai number erased were
confiscated; Richard Taylor Wilson (40 years old), from whom US$ 20 were
confiscated; Ronald Briones Castillo, ID card N-260-148661-083249; and
Esloy Samud Harris Wallace from Limon, Costa Rica,ID card N-7~080-341.
02 July 99, at 15:00 hours: arriving at the mouth of the San Juanillo River, a
vessel coming from San Juan del Norte was intercepted by three armed and
hooded individuals carrying two pistols and one rifle. These individuals
intimidated the vessel owner, Sebastian Urbina Ruiz (Chevo), taking the
following items:
o One gold chain valued at 30,000 colones;
o One gold ring valued at 20 colones;
o One 25-caliber pistol;
o Two million colones.
After the assault, the criminals withdrew toward El Delta, identifying
themselves to Costa Rican citizens Michel and José Reinaldo Cajina
Vidaurre.
463 08 August 99: a skiff with two Costa Ricans with records of drug-trafficking
activity arrived in San Juan del Norte. The two men were held for not
carrying documentation:
o Virgilio Hernindez
o Roger FélixGarcia
A fiberglassskiffwith a 175-HP motor were seized from them.
30 December 2000: Mercedes Jarquin and Dennis Carl Johnson, both of Costa
Rican nationality, were captured in the town of San Juan del Norte. Four
packets of cocaïne were seized and handed over to the National Police in San
Carlos.
SQUATTER INVASIONS
22 January 96, at 11:00 hours: 5 families have settled in the sector of Dos
Bocas de Bartola (1698), 13 kilometers southeast of El Castillo.
21 August 96, at 06:00 hours: 72 Nicaraguan citizens living in Costa Rican
territory on the edge of the San Juan River occupied part of the Indio Maiz
Reserve in the sectors of Cafio San Francisco (9225) and Cafio El Tambor
(9231), 5km and 6km northeast of the Sarapiqui border post. They are
demanding the provision of properties.
16 August 99: Our troops detected a settlement of 18 people from Costa
Rican territory, led by Mercedes Jarquin, in the area ofChingo Petaca (8988),
8km northeast of El Delta.
12 October 99: four families from Costa Rican territory settled in sectors of
Cano Machado (9412), 5km east of the Boca de San Carlos border post, led
by Juan Pastor Garcia, from whom two 0.22-caliber rifles were seized. The
families were notîfied that they cannot settle in this area and that, otherwise,
they would be evicted.
15 September 2000: 19 squatters from Costa Rica settled in the area of Cafio
Machado (9412}, 5km east of the Boca de San Carlos border post, and on 16
September 2000 were evicted by a Nicaraguan Army patrol and transferred to
Costa Rican territory.
02 February 2000: Costa Rican citizen Francisco Marazin Flores was evicted
from the sector of Remolino Grande (9221), 14 kilometers east of Boca de
San Carlos. He was handed over to Costa Rican authorities at Boca de San
Carlos.
03 February 2000: three families from Costa Rica who had settled in the area
were evicted from the sector of Las Curefias (9173), 7km northeast of the
Sarapiqui border post.
464 07 June 2000: Costa Rican farmer JoséAntonio Ortega Gonzalez was found
preparing an area for settlement in the San Francisco (9074) sector, 5km
northeastof the Sarapiquf border post, and was evicted.
SEIZURE OF LUMBER
20 January 96, at 11:00 hours: NA troops seized 192 planks that bad been eut
by Costa Rican individuals in the sector of Camibar (2931), 25km southeast
of San Carlos, on the property of Manuel Salguera Garcia.
25 June 96, at 15:00 hours: the cultivation of 0.17 hectares was detected on
the banks of the San Juan River in Las Cruces (8775), 5km northeast of the
Sarapiqui border post. This activity was carried out by Costa Rican and
Nicaraguan citizens that live in Costa Rican territory on the banksf the San
Juan River.
26 May 97: five thousand board feet of lumber bad been eut by Salomon
V asquez in the sector of Camibar (2931), 25km southeast of San Carlos, and
transferred to Costa Rican territory via the Camibar River.
29 May 97, at 13:30 hours: a Stolly chainsaw was seized from Danilo Meza in
the sectorof Punta Jobo, four kilometers west of El Delta border post, for the
fellingof two trees and the transfer of their lumber to Costa Rica for sale.
10 June 97: in the sector of Nazareth (2829), 26km southeast of San Carlos,
Victor Herrera, who bad been authorized by MARENA to eut 12 timber trees,
instead eut40 trees, transferring the lumber to Costa Rican terrîtory through
the sectorof San Antonio. The lumber was the property of Olga Velâsquez
and Eva Velâsquez, Nicaraguan citizens living in Upala, Costa Rica.
21 June 97: in the sector of marker stones 8 and 9, La Noca, 22km and 23km
southeast of San Carlos, it was detected that 2.8 hectares of forest bad been
felled by unknown citizens of Nicaraguan nationality living in Costa Rican
territory.
08 February 01: Costa Rican subjects eut two cedar trees in sectors oflsla La
Culebra, 5km southeast of El Delta border post.
12 February 01: the felling of three cedar trees by Costa Ricans was
discovered in sectors of Isla La Chimurria (8992), 5km southeast of the El
Delta border post.
26 November 01: a Nicaraguan Army river patrol discovered the felling of
four cedar trees by individuals from Costa Rica in sectors of Isla Califomia
(9326), 9km northeast of the Sarapiqui border post.
465 04 December 01: the felling of four cedar trees by individuals from Costa
Rica was discovered in sectors of Caiio San Francisco (9426), 1Okmnortheast
of the Sarapiqui border post.
l0 February 02: a PEA discovered the felling of one cedar tree and 40 4x8x2
planks of cedar in sectors of Chingo Petaca (8888), Skm northeast of the
Sarapiquf border post.
ILLEGAL HUNTING AND FISHING
· · 31 January 96, at 15:00 hours: NA troops in the sector of Caiio Las Cureiias
(9173) 7km northeast of the Sarapiqui border post, on the San Juan River
captured and seized a 0.22-caliber rifle from Costa Rican subject Ramon
Mairena Pastora, who was hunting endangered species.
22 August 96, at 06:30 hours: in the sector of Punta de Castilla(1064), 6km
eastof San Juan de Nicaragua, NA troops captured two vessels coming from
Costa Rican territory with seven crew members, including three Costa Ricans:
JoséGiovany Pefia Vega, Nortiel Sânchez Tuckler, Luis Angel Pefia Vega,
· andfour Nicaraguans, identified as Juan Alvarado Menay, Carlos Gonzâ.lez
Hodgson and Eugenio Sanchez Tuckler.
19 December 96, at 14:00 hours: two citizens of Costa Rica, Juan Jarquin
Acevedo and Lâzaro Jarquin Acevedo, both without ID cards, were found and
captured in the sector of Isla Tabora (9506), 1.5km west of the Boca de San
Carlos border post. They carried a 0.22-caliber rifle, seriai number 2027892-
2996656, and intended to hunt illegally in the sector of the Indio Maiz
Biological Reserve.
06 March 97: the Sarapiquî border post reported that Costa Rican national Dr.
L6pez entered Nicaraguan waters in a tourism boat, presenting a letter signed
by the embassy to enter the ter:ritory,and was found bass fishing in front of
the Cano San Juanillo (0506), Skm southeast of San Juan de Nicaragua, and,
from there, entering the channelsof the Indio Maiz Reserve for illegal tourism
in smaller vessels (skiffs).
15 April 97, at 06:00 hours: NA operational services at El Delta border post
destroyed 33 fishing traps used by Costa Rican citizens to capture shrimp in
CafioLa Culebra (9302), 4km northeast of El Delta.
19June 97, at 19:00 hours: NA troops found a trammel net used for fishing by
Costa Rican citizens in the sector of Bocana la Tigra (8686), 5km east of
Sarapiqui.
46604 August 97, at 10:00 hours: the NA disabled nine fishing traps in the sector
if Las Casas (0308), 10km southeast of San Juan de Nicaragua, finding three
kilosof shrimp. The traps were placed by Costa Rican hunters and fishers.
23 August 97, at 13:00 hours: NA troops captured Costa Rican subject
Manuel Tenorio Escamilla (33), with ID card number 2357065, in the sector
of Valencia (0806), 6km southeast of San Juan de Nicaragua, on the banks of
the San Juan River.
12 October 97, at 12:30 hours: NA troops and MARENA personnel captured
three Costa Rican citizens hunting and fishing illegally in the sector of Las
Tiricias (1091), lûkm southeast of El Castillo.
13 November 97, at 15:00 hours: NA troops captured three Costa Rican
individuals who were fishing illegallyin the sector of Valencia (0806), 6km
southeast of San Juan de Nicaragua, seizing two 0.22-caliber rifles, one 16-
caliber shotgun. The names of those captured are Roger Mejia Ocampo (27),
with ID card number 2450557; José Meneses Montiel and Noel Torres
Gutiérrez(36).
25 November 97, at 05:00 hours: vessels of Costa Rican nationality from
Barra Colorado, Costa Rica, were carrying out illegal fishing in the sector of
El Delta, 15km south of San Juan de Nicaragua, on the San Juan River.
13 March 98, at 14:20 hours: in the sector of Remolino Grande (9121), 13km
east of the Boca de San Carlos border post, NA troops captured two Costa
Rican vessels that were navigating the San Juan River without authorization.
On board were seven occupants (six Costa Ricans and one Nicaraguan) who
were hunting and fishing illegally: Ubaldo Hidalgo Méndez of Ciudad
Quezada, Arquimedes Hidalgo Méndez of Ciudad Quezada, Gilberto Castro
Ocampo of Ciudad Quezada, José Luis Chavarrfa of Ciudad Quezada,
Brandon Vargas of Ciudad Quezada and FélixFlores Miranda, a Nicaraguan
from Boca de San Carlos. The following items were seized: four 0.22-caliber
pistols, one harpoon, two skiffs with their motors, and two additional motors.
09 May 98, at 10:00 hours: NA troops destroyed 14 fishing traps in the
Sarapiqui sector (8775), 4km northeast of the border post, on the San Juan
River.
20 September 99: in the sector of El Sarnoso River, 14 kilometers northwest
of Boca de San Carlos, the following four Costa Rican civilians were captured
carrying out illegal hunting and fishing:
o Alejandro Salvador Mena
o Jimmy Salvador Guevara
o Gilberto Davila Guevara
o Marvin Reyes Cruz
467They were handed over to the Costa Rican Civil Guard.
09 January 2000: three Costa Rican subjects aboard a canee entered the Indic
Maiz Biological Reserve 1n the sector of Caiio Cherrera, in order to hunt
illegally.
16 September 2000: a combined Army 1 MARENA patrol detained and
captured two small vessels in the sector of El Portillo, three kilometers east of
San Juan de Nicaragua, for illegal fishing. Three Costa Ricans and two
citizens of the United States were detained and handed over to Immigration
authoritiesin San Juan de Nicaragua.
09 February 01: a river patrol from the Sarapiquî border post destroyed 28
shrimp traps in the sector of Isla Morgan.
12 February 01: a river patrol from the Sarapiqui border post destroyed 85
shrimp traps in the sector of Isla La Culebra (8992), 4km southeast of the El
Delta border post
02 April 01: three Costa Rican nationals on board a skiff entered sectors of
CafioMachuca (0400), 1Okmnortheast of the Boca de San Carlos border post,
and were captured when hunting illegally. The skiff and a 0.22-caliber rifle
were seized. The subjects were handed over to Immigration.
09 August 01: a eance with fishing lines was found in the sector of Cafio
Machado (9412), 5km east of the Boca de San Carlos border post. It was
seized after being abandoned by those who were using it for illegal fishing.
02 December 01: a river patrol from the Sarapiqui border post destroyed 21
fishing traps in sectors of Chingo Petaca (8988) 8km n1rtheast of the
Sarapiqui border post.
24 January 02: Costa Rican David Espinoza was captured in a sector of Cano
Machado (9412), 5km east of the Boca de San Carlos border post, when
fishing illegally. His canee and fishing lines were seized.
20 March 02: three subjects of Costa Rican nationality were captured by the
Nicaraguan Army in sectors of Isla California (9327), 7km northeast of the
Sarapiquî border post, when they were hunting illegally:
o Leonel Machado Jir6n
o Isabel Gonzâlez Arias
o Eusebio Arias Jir6n
14 April 02: A skiffwith five Costa Ricans aboard was captured in a sector of
Cano Las Cruces (0308), 8km northeast of the Boca San Carlos border post,
when found fishing illegally. The skiff was seized. The following detainees
were handed over to Immigration authorities:
o Alberto Arieta Vargas
468o Oliver PérezGamboa
o Jose Benigno Prado
o Cecilio Amador Rivera
o Felix Alpizar Campos
469 ANNEX 75
Affidavit of EdénAtanasio Pastora
10 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER EIGHTEEN -
NOTARIAL CERTIFICATE. In the city of Managua, at one in the afternoon
on tenth of March, 2008. Before me, WALNER ABRAHAM MOLINA
PEREZ, Attorney at Law and Notary Public of the Republic of Nicaragua,
domiciled in the city of Managua, duly authorized by the Honorable Supreme
Court of Justice to act as notary during the five year period that expires on
fifteenth of April, 2008. Mister EDEN ATANASIO PASTORA, stands before
me and in his own name, with identîty card number 449-220137-000M, of age,
married, fisherman and domiciled in the city of Managua, Municipalîty of
Managua, Nicaragua. Who I swear to know personally and who in my judgment
has sufficient civil and legal capacity necessary to bind himself and contract,
especially for the execution of the present act. Manifests the following:
First:1am a citizen of the Republic of Nicaragua. I was born in the city
ofDario, Matagalpa Province, on the twenty-second of January, 1937. 1am very
familiar wîth the San Juan River and the Colorado River, and the activities that
took place on both rivers in the years between the mid 1960s and the late 1980s,
based on my personal experience in this region.
Second: I became a member of the Frente Sandinista de Liberaci6n
Nacional (FSLN), a revolutîonary movement dedicated to overthrowing the
Somoza dictatorship in Nicaragua, in 1964.operated then, and for the remainder
of the 1960s and most of the 1970s, principally between San Juan del Norte in
Nicaragua and Barra del Colorado in Costa Rica. The former is at the mouth of
the San Juan River. The latter is at the mouth of the Colorado Ri1frequently
navigated by river between the two towns. The route takes you from San Juan del
Norte west along the San Juan River until the point known as Delta, where the
San Juan divides and part of it forms the Colorado River that flows through the
Costa Rican coast. At Delta you tum to the left and enter the Colorado River and
follow ittoits mouth, where Barra del Colorado is located.
Third: Between 1972 and 1977, I was engaged in the shark fishing
business in the Colorado River, which also served as a cover for my clandestine
activities on behalfof the FSLN during that period. In the final stage of the
revolution against the Somoza dictatorship, between 1977 and 1979, 1 was a
guerrilla commander, leading the group of revolutionary forces known as the
Frente Sur, which staged attacks against the armed forces of the dictatorship from
bases in Northern Costa Rical just south of the San Juan River. In the final
uprisingl between January and July 1979, a major offensive was launched by the
forces of the Frente Sur across the San Juan River and into Central Nicaragua.
After the triumph of the revolutionary forces and the establishment of a new
473Government of National Reconstruction on 19 July 1979, I served in the new
government as Vice Minister of Defense.
Fourth: However, 1 soon became disillusioned with the direction of the
new government because, in my view, it was beginning to betray the democratie
aspirations of the Nicaraguan people, which is what 1always thought 1along with
my fellow compatriots in the FSLN had been fighting for since the mid 1960s.
Eventually, 1resigned my post and went back to Costa Rica to organize and lead
another revolutionary struggle, this time against the govemment in Nicaragua that
had replaced the Somoza dictatorship, but to me seemed more and more like a
dictatorship of a different kind. By 1982, 1became the Commander oftheAlianza
Revolucionaria Democratica (ARDE), a guerrilla force of approximately 7,500
combatants, based in southern Nicaragua, just north of the San Juan River.
Between 1982 and 1986, ARDE battled the forces of the Nicaraguan govemment
all along and across the SfUlJuan River. Other guerrilla forces opposed to the
Govemment of Nicaragua also operated in this area, and continued to fight for the
remainder of the decade of the 1980s and even into 1990 and 1991.
Fifth: Based on my personal experience in the region between the mid-
1960s and the late 1980s, especîally my military and paramilitary experience, I
am very familiar with what kind of vessels navigated along the San Juan River
and the Colorado River, and the frequency and purpose ofthose trips. During the
1960s and 1970s the San Juan River was controlled by the Nicaraguan Army,
which was then known as the Guardia Nacional. The Guardia Nacional
exercised a tight control over the San Juan River, and did not permit navigation
by Costa Rica's Guardia Civil. During this period, relations between the
govemments of Nicaragua and Costa Rica were poor. General Somoza and his
military clique always suspected that the Govemment of Costa Rica was its
enemy, and that it supported the revolutionary groups that wanted to overthrow
his regime. In fact, while the level of support or tolerance of the Costa Rican
government for the Nicaraguan revolutionaries who operated from its soil varied
over time, General Somoza was fundamentally correct in his assessment of Costa
Rica's behavior. For this reason, among others, the Guardia Nacional did not
permit Costa Rican security forces to navigate on the San Juan River. This did not
prevent Costa Rica from bringing supplies or relief to its posts close to the right
bank of the San Juan River, which during that period were located only at Boca
San Carlos and Boca de Sarapiqui. Costa Rica supplied the post at Boca San
Carlos by sending goods by boat down the San Carlos River to its junction with
the San Juan River. Likewise, Costa·Rica supplied the post at Boca de Sarapiqui
by boat, which was around three hours from Puerto Viejo de Sarapiqui. Costa
Rica also had a post at Barra del Colorado, which was supplied by air, since there
was an airport at that location.
474 Sixth: During this period, there was very little commercial traffic along
the San Juan River. There was almost no trade between San Juan del Norte,
which was the only Nicaraguan town along the entire length of the river, with the
Costa Rican side. In that period, San Juan del Norte received its provisions either
from Bluefields, up the Atlantic Coast of Nicaragua, or from San Carlos, on Lake
Nicaragua at the source of the San Juan River. Later, during the time that 1
commanded ARDE's forces against the Nicaraguan government in the 1980s, San
Juan del Norte became completely isolated and the entire population left. In the
1960s and 1970s there was sorne trade in goods between Puerto Viejo de
Sarapiquf and Barra del Colorado, which necessarily included transport along a
portion of the San Juan River, but this was small and infrequent, and consisted
only of sorne basic foods and other supplies. There were no customs posts
anywhere along the river, and no international trade at aiL Nor was there any
significant tourism during this period. Of course, sorne explorers or nature lovers
set out from Barra del Colorado from time to time, and went up the Colorado
River to the San Juan River, but this was neither regular, organized or frequent. In
any event, it ali came to a stop during the final offensive against the Somoza
dictatorship in the late 1970s, and during ARDE's struggle against the Sandinista
government in·the 1980s. The principal and most frequent use of the river by
Costa Ricans during this entire period, from the 1960s to the 1980s, was by the
local population that lived in the small settlements in Costa Rica's territory. They
navigated the river in their small boats as part of their daily lives. But even this
was reduced to a minimum during the height of the war years, 1977 to 1979 and
1982 to 1986, because of the extreme risk of going out on a river that was the
center of a war zone, where every boat was a potential target of either the ARDE
forces or the Sandinistas if it was suspected of belonging to or assisting the other
side.
As expressed by the person appearing before me, and weil instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity,of the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to present the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to
ail the above stated.(f) Illegible (f) Molina.
This occurred before me from the front of folio number twenty-three to
the reverse of folio number twenty-four, from my present Protocol number
twenty-one that I have in the present year. This first testimony, from which the
Declaration is made, was carried out, in two pages of legally sealed paper, which
475was signed, sealed, and dated, on the city of Managua, at three thirty in the
afternoon of the tenth of March, 2008.
476 ANNEX76
Affidavit of Franklin Ponce Ortiz
7 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER TEN- NOTARIAL CERTIFICATE.
In the city of San Carlos, San Juan River Province, at ten in the morning on the
seventh of March, 2008. Before me, WALNER ABRAHAM MOLINA
PEREZ, Attorney at Law and Notary Public of the Republic of Nicaragua,
domiciled in the city of Managua, duly authorized by the Honorable Supreme
Court of Justice to act as notary during the five year period that expires on
fifteenthof April, 2008. Mister FRANKLIN PONCE ORTIZ, stands before me
and in his own name, with identity card number 521-121075-000lV, of age,
single, office worker, and domiciled in the city of San Carlos, San Juan River
Province. Who I swear to know personally and who in my judgment has
sufficient civil and legal capacity necessary to bind himself and contract,
especially for the execution of the present act. Manifests the following:
First: I am a citizen of the Republic of Nicaragua, born in the city of San
Carlos, of this same province, the twelfth of October, 1975. 1 am currently the
Immigration Dispatch's Inspector for the Department of Immigration, Direcciôn
General de Migraciôn y Extranjeria, for the entire San Juan River Province. 1
have held this position since June 2002.
Second: When 1first began to serve as an immigration agent in the San
Juan River area, only two immigration posts had been established, one was
located on the Sarapiqui River and the other at San Juan de Nicaragua. The
immigration posts located at Boca de San Carlos and Delta were established
during the time1was working in the San Juan River region. The post at San Juan
de Nicaragua was the first to be established, in 1994, due to the influx of
Nicaraguan refugees living abroad invited by the UN High Commissioner for
Refugees to repopulate the town, which had been abandoned during the war in the
1980s; as such, the immigration post in San Juan del Norte originally functioned
to help process this new population of residents. Since then, the immigration
posts located along the river have taken on theproper funetions of regulating the
flow of foreign citizens who enter into Nicaraguan territory through the San Juan
River.
Third: As an immigration agent, my work applies to foreigners entering
Nicaraguan territory, in this case via the River San Juan. The foreigners entering
the country through the river primarily do so using tour boats, and a few are Costa
Rican boatmen who use the river to transport goods for local consumption. In
addition, one Costa Rican boatman transports local passengers from the
community called La Tigra to Puerto Viejo, both in Costa Rican territory. As has
been similarly required in Costa Rica for Nicaraguans for sorne thirty years,
Nicaragua requires Costa Rican citizens to acquire a consular visa to enter
Nicaraguan territory, unless they are residents of the San Juan River banks. Thus,
under the national laws and regulations, the couple of non-local Costa Rican
479boatmen who need to navigate the river must have a visa. However, the
municipality of San Juan de Nicaragua made a request that the Department of
Immigration create an exception for Costa Rican citizens who were transporting
goods to the town via the rive wrh~ch was granted. Under this exception these
few Costa Rican boatmen are not required to acquire a visa or a tourist card.
Fourth: In. addition, the immigration authorities on the river do not
regulate the local residents. River residents, for their own safety and for the
security of the territory, are simply required to register themselves with the
military officiais when they pass a military post. As immigration authorities, we
have no interaction with them, as they are not considered foreign travelers.
Firth: Thus the primary work conducted by immigration officiais on the
San Juan River posts of San Juan de Nicaragua, Delta, Boca de Sarapiqui, and
Boca San Carlos is processing foreign travelers arriving by tourist boats on the
river. This process is the same process required at any international immigration
point for the entry into and exit from Nicaraguan territory. Those entering
Nicaraguan territory through any point must acquire a tourist card, which
currently costs US $5, and a US $2 charge for immigration services. At all
Nicaraguan immigration exit points, the foreign tourists must also present
themselves upon leaving the country, and pay US $2 for immigration services.
.Sixth:Most foreign travelers entering Nicaragua are not required to have
a consulru· visa, as they are on an immigration list as Category "A," which
signifies that they arevisa free"(libre visado).Currently, this category consists
of at least 77 countries, including those from which the great majority of the
foreigners entering theSan Juan River originate, including the United States, the
European Union countries, Australia, and Mexico. The relatively few foreigners
of other nationalities entering Nicaraguan by the river are required to present their
passports with visas. The requirement that non-local Costa Ricans have a
consular visa to enter Nicaragua is based on reciprocîty. All Costa Rican
immigration entry posts require a consular visa from Nicaraguan travelers
entering Costa Rica.
As expressed by the persan appearing before me, and well instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity, the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to liberate the
corresponding testimony for the legal objectives deemed applicable. This writing
was read .in its totality to the person appearing before me, who frnds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to
all the above stated. (f) illegible (f) Molina.
480 This occurred before me from the reverse of folio number nine to the
reverse of folio number ten, from my present Protocol number twenty-one that 1
have in the present year. This first testimony, from which the Declaration is
made, was carried out, on two pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at nine in the moming of the tenth of
March, 2008.
481 ANNEX77
Affidavit of Colonel Ricardo Sanchez Méndez
9 March 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER SIXTEEN
NOTARIAL CERTIFICA TE. In the city of Managua, at five in the evening on
the ninth of March, 2008. Before me, WALNER ABRAHAM MOLINA
PEREZ~ Attorney at Law and Notary Public of the Republic of Nicaragua,
domiciled in the city of Managua, duly authorized by the Honorable Supreme
Court of Justice to act as notary during the five year period that expires on
fifteenth of April, 2008. Mister RICARDO SANCHEZ MENDEZ, stands
beforeme and in his own name, with identity card number 001-240256-0035R, of
age, married, in military service, and domiciled in the city of Matagalpa,
Municipality of Matagalpa, in transit in this city. Who I swear to know
personally and who in my judgment has sufficient civil and legal capacity
necessary to bind himself and contract, especially for the execution of the present
act. Manifests the following:
First: 1am a citizen of Nicaragua, born in theManag of unah~ 24h
ofFebruary, 1956. I am a Colonel in the Army ofNicaragua. I have had this rank
since 2003. My present assignment is as C1ief of the Sixth Regional Military
Command. 1have had this position since the 6 of July, 2007.
Second: Between the 3rd of December 2002 and 5 1hof July, 2007, I
served as the Chief of the South Military Detachment, with headquarters in San
Carlos and responsibility for security, border protection, and environmental
protection in the San Juan River Province, and for safety of navigation on the San
Juan River and the southem part of Lake Nicaragua, which are part of that
Province.
Third: During the period that I served as Chief of the South Military
Detachment, 1 maintained good relations with my Costa Rican counterparts,
whose last names were Esquivel and Cubero, and who were responsible for
security along Costa Rica's border with Nicaragua. We met periodically, either at
my headquarters in San Carlos or at their posts on the Costa Rican side to
exchange information relating to border security, criminal activity and other
subjectsof mutual concem. From time to time1authorized the troops under my
command to assist Costa Rican institutions in carrying out humanitarian activities
directed toward the local Costa Rican population.
Fourth: During this period of more than four and a half years, neither the
Guardia Civil nor any other Costa Rican security or law enforcement personnel
navigated on the San Juan River. Nor did they ever request permission from me
or any other Nicaraguan authority to navigate on the river. This was not part of
theîr mission. They were responsible for security in Costa Rican territory only,
including the right bank of the San Juan River, east of the point that is three miles
485below El Castille, continuing to the east until the Atlantic Ocean, and on Costa
Rica's inland waterways, such as the San Carlos, Sarapiqui and Colorado Rîvers.
Security on the San Juan River itself was the exclusive responsibility of
Nicaragua, which has sovereignty over the river. During these four and a half
years the Costa Ricans did not use the San Juan River to supply or replace their
security forces stationed at their police posts south of the right bank of the river,
at Boca San Carlos, Boca de Sarapiqui and Delta. Nor did they ever ask
permission to do so. Instead, they regularly supplied and replaced these forces by
land, using the roads that Costa Rica had constructed and improved during the
1990's and continued improving and extending during the early 2000's. By the
time I was placed in charge of the South Military Detachment, ali of these posts
were connected by roads. I am aware that, at sorne times prior to my service as
Commander of the South Military Detachment, the Guardia Civil navigated the
San Juan River not for security or other police purposes, but for the sole purpose
ofbringing supplies and replacements toits security personnel stationed along the
river. That practice, which ceased in mid-1998, was always contingent upon the
Costa Rican authorities' making a prior request for permission from Nicaragua to
navigate the river to supply and replace their security forces, and Nicaragua's
issuance of this specifie authority to the Costa Ricans. The practice was also
contingent upon the Costa Ricans' strict compliance with the requirements
establîshed by Nicaragua, especially, that the vessels carrying Costa Rican
security officers report to the nearest Nicaraguan military post upon entering the
San Juan, that the Costa Rican personnel remain unarmed while navigating the
river, that their arms be placed and kept on the floor of their vessel, and that a
Nicaraguan soldier accompany them aboard the vessel during the entire time they
remained in Nicaraguan waters. 1am aware that the Costa Ricans fully complied
with these requirements, at least until the middle of 1998, when the practice
ceased.
Fifth: Occasionally, during my period as Chief of the South Military
Detachment, Costa Rican government officiais other than security personnel
requested permission to navigate the San Juan River. In ali such cases, the
requests were directed at the Ministry of Foreign Relations in Managua, which
made the decision whether to authorize the requested navigation or not.
Whenever an authorization was given, the Costa Rican vessel was required to
report to a Nicaraguan military post upon entering and leaving the San Juan, to
undergo a safety inspection at the point of entry and receive a departure clearance
certificate (for which Costa Rican official vessels, as a courtesy extended by
Nicaragua, were not charged a fee), and to report the names of all those on board.
Üpon leaving Nicaraguan waters, the vessel had to present of list ofpassengers to
the army post, for the purpose of verifying that all who entered were departing.
No fees were charged for the boat or for the passengers.
486 Sixth: Local Costa Rican residents who lived in the Costa Rican territory
to the south of the right bank of the San Juan River, and boatmen who transported
basic goods between hamlets located in the area, navigated the river without
restrictions, except for the prohibition on river navigation at night. This was both
a safety requirement, since navigation after dark is extremely dangerous and
unwise, and a security and environmental protection necessity, because most
criminal activity and environmental depredation (including hunting and fishing
for protected species in the Indio Maiz Biological Reserveand the San Juan
River) took place at night. During daylight hours, local residents navigated freely.
For security and safety reasons they were required to report their comings and
goings on the river (as were Nicaraguans who used the river). They were given
departure clearance certificates as a matterurtesy and without charge. There
were very few boatmen who carried goods along the river, because there was very
little trade in goods between settlements.ecall, in particular, the transport of
coconuts to Barra del Colorado, commerce in basic groceries and household
goods purchased in Puerto Viejo deSarapiqui and carried to hamlets along the
San Juan, and the transport of sorne seafood from San Juan del Norte to Barra del
Colorado using the San Juan River and then the Colorado River. On average
those people made two voyages a month to carry out this very limited trade, and
always in small boats. There were no customs posts at any of these locations, and
any goods thatwent from Nicaragua (San Juan del Norte) to Costa Rica or vice
versa entered without passing through customs. Local boatmen, both Nicaraguan
and Costa Rica, were required to have a safety inspection and obtain a departure
clearance certificate from Nicaragua on entering the San Juan River. We
encountered no difficulties with the local boatmen, nor they with us during the
period that 1was Chief of the South Military Detachment.
Seventh: By far, the most frequent use of the river for navigational
purposes (apart from the regular patrols conducted by Nicaraguan army personnel
in their official vessels), was by Costa Rican tour operators, who carried tourists
between Puerto Viejo de Sarapiquî and Barra del Colorado or Tortuguero on the
Atlantic Coast. They navigated only a small section of the San Juan River,
between Boca de Sarapiquî and Delta. For safety reasons, ali tourist boats
(including those operated by Nicaragua from El Castillo or San Juan del Norte)
had to stop at the army post closest to their point of entry onto the river and
submit to a safetinspect ihich~included a determination that the vessel was
not carrying any weapons, explosives or other flammable materials. passing
the inspection, the boatman was issued a departure clearance certificate for a fee
of US$ 5, or the equivalent in cordobas or coloTouris astst~il Nicaraguan
pointsof entry, were required to obtain a Nicaraguan tourist card for a fee of US$
5. They were also registered as entering and exiting Nicaragua by immigration
officers. A feef US$ 2 was charged both for entry and exit. This is also required
487in any immigration point inNicaragua. Tourists were also required to show valid
passports. Very rarely were they ever required to show a Nîcaraguan visa,
because Nicaragua does not require tourists from North America, member
countries to the European Union, Canada or Australia to obtain visas, and almost
all of the tourists on these vessels were from those countries, with very few
exceptions. In 2005, Nicaragua began to require that citizens of Costa Rica obtain
visas to enter Nicaragua, not only upon entering the San Juan River, but at ali
Nicaraguan points of entry. This was in response to Costa Rica's practice of
requiring Nicaraguans to obtain a Costa Rican visa, imposing very strict
requirements. It is much casier for Costa Ricans to obtain a Nicaraguan visa.
After Nicaragua imposed this reciprocal visa requirement for Costa Ricans, Costa
Rican boatmen and other crew members, if any, were required to present
passports with valid Nicaraguan visas stamped in them.
Eighth: Also in 2005, Nicaragua began to enforce more strictly a
requirement on river navigation that had long existed, but had been loosely
enforced. This was a requirement that vessels navigating the San Juan River,
which is under Nicaraguan sovereignty, fly a Nicaraguan flag. The requirement
was not applicable to all vessels. Small boats like the kind used by local residents
were not required to fly a Nicaraguan flag. The requirement was applicable only
to large motorized boats that had prows at the fore and aft ends. These vessels
were permitted to fly the Costa Rican flag. But in Nicaraguan waters, both as a
matter of courtesy to the host State and respect for its sovereignty, they were
required to fly the Nicaraguan flag as weiL In practice, this meant only that the
Costa Rican tour boats kept a Nicaraguan flag on board, and hoisted it during the
time they were on the San Juan.
As expressed by the person appearing before me, and well instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity, of the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to liberate the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds it accurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to
all the above stated.(f)Illegible(f)Molina.
This occurred before me from the front of folio number eighteen to the
front of folio number twenty, from my present Protocol number twenty-one that I
have in the present year. This first testimony, from which the Declaration is
made, was carried out, on three pages of legally sealed paper, which was signed,
sealed, and dated, in the city of Managua, at one in the afternoon of the tenth of
March, 2008.
488 ANNEX78
Affidavit of Brigadier General Francisco Orlando Talavera Siles
19 May 2008TESTIMONY OF PUBLIC DOCUMENT NUMBER TWENTY-FOUR - NOTARIAL
DECLARATION. In the city of Managua, Province of Mangua, at ten in the
moming on nineteenth of May, 2008. Before me, WALNER ABRAHAM
MOLINA PEREZ, Attorney at Law and Notary Public of the Republic of
Nicaragua, domiciled in the city of Managua, duly authorized by the Honorable
Supreme Court of Justice to act as notary during the five year period that expires
on fifteenth of April, 2013. Mister FRANCISCO ORLANDO TALAVERA
SILES, stands before me and in his own name, with identity card number 241-
051257-00IOG, of age, married, in active military service, and domiciled in the
city of Managua. Who I swear to know personally and who in my judgment has
sufficient civil and legal capacity necessary to bind himself and contract,
especially for the execution of the present act. Manifests the following:
FIRST: Iam a citizen on the Republic of Nicaragua. Iwas born in the city of
Jinotega, Jinotega Province, on 5 December, 1957. 1am a Brigadier General in
the Army of Nicaragua. Iam currently the Chief of the Office of Civil Affairs of
the Nicaraguan Army. I have had this rank and held this position since
September 2006 and since 12 March 2003, respectively.
SECOND: From 29 October 1997 until 29 June 2000, 1 was Chief of the
Southem Military Detachment, headquartered in San Carlos, and responsible for
security and border protection in the entire Province of Rio San Juan, which
includes the San Juan River and the Indic Maiz Grand Biological Reserve.
THIRD: Upon assuming my responsibilities as Chief of the Southem Military
Detachment, I had a meeting at my headquarters in San Carlos with my Costa
Rican counterpart, Colonel Walter Navarro Romero, who as Director General of
the Public Force (Fuerza Pûblica), was commander of ali of the Costa Rican
security personnel in the border region. He explained to me that the Guardia
Civil had been regularly navigating the San Juan River in their official vessels
every month, after having requested and received prior authorization from the
Chief of the Southem Military Detachment, for the purpose of delivering supplies
and replacing the personnel at the police posts at Boca San Carlos, Boca de
Sarapiqui and Delta, and that they would like authorization to continue doing so.
Colonel Navarro explained that, although the posts could be supplied by road, it
was inconvenient to do so during periods of heavy rain. However, Colonel
Navarro further requested that, in contrast to past practice, 1 authorize the
Guardia Civil officers to travel armed, "in case of an unexpected eventuality." 1
told Colonel Navarro that Iwas willing to support the resupplying of the posts,
but thatI would not authorize Costa Rican security personnel to navigate the San
Juan River with police uniforms and arms. Colonel Navarro accepted my
decision, as he had no other choice since the San Juan River is under the
491sovereignty of Nicaragua, and between November 1997 and May 1998, the
Guardia Civil navigated the San Juan River in conformity the same procedures as
were employed prior to my arrivai as Chief of the Military Detachment, which
was that the resupplying had to be carried outcivil personnel.
FOURTH: There were no problems with this arrangement until June 1998.
During that month, vessels of the Costa Rican Guardia Civil, without
authorization from my headquarters, began to intercept Nicaraguan vessels
carrying Nicaraguan passengers in Nicaraguan waters, based on the suspicion that
they were planning to enter Costa Rica illegally. The Guardia Civil forced the
Nicaraguan vessels to land on Costa Rican territory, where aU the passengers
were immediately arrested. In one of these incidents, on July 7, 1998, a
Nicaraguan boat, carrying the MinisterfTouri s m~intercepted by two Costa
Rican Guardia Civil boats, upon passing the Costa Rican post at La Curefta. The
Guardia Civil personnel attempted to order the boat to detain its travels in order
for the vessel to be searched. The order was, of course, denied. After these
incidences first began, I traveled to thea Rican command post at Los Chiles,
on June 25, 1998, to meet with my counterpart and discuss these violations.
However, the meeting was cancelled, since he never arrived. Soon thereafter, 1
again protested these unauthorized and unlawful violations of Nicaragua's
sovereignty to Colonel Navarro, explaining that Nicaragua could not tolerate the
Guardia Civil entering Nicaraguan waters to arrest Nicaraguan citizens in their
own country, especially without having violated any law, and that they were not
found to have an illegal status in our territory. I communicated to him that he and
his forces were forbidden from detaining Nicaraguans on thean Juan River, and
I reminded him that Costa Rican security personnel were prohibited from
transporting, carrying, or using arms on thean Juan River. Colonel Navarro
responded that if the Army of Nicaragua was not going to stop Nicaraguans from
using the river to enter Costa Rica illegally, then the Guardia Civil wouldit.
As a result of that incident, and Colonel Navarro's refusai to discontinue the
Guardia Civil's forcible detention ofNicaraguans, 1ratified my order prohibiting
the Guardia Civil from navigating on the river. Costa Rica responded by
prohibiting any Nicaraguan army or police officer from entering Costa Rican
territory, includingsta Rican rivers, and declaring that if any such person were
found on Costa Rican soil or waters he would be detained. From that date
forward, or, from the middle of July 1998 until the end of June 2000, when my
tenure as Chief of the South Military Detachment ended, no Guardia Civil vessels
navigated the San Juan River. Nor did any Nicaraguan vessel or officer of the
army or police enter.Costa Rican waters or territory. During this two year period,
Costa Rica sent supplies and personnel to its police posts along the San Juan
River by road.
492FIFTH: In July 2000, less than a month after 1 left the Southem Military
Detachment, a high level meeting of Nicaraguan and Costa Rican security
officiais was organized to discuss this situation at San Juan del Sur, on
Nicaragua's Pacifie Coast. The Nicaraguan delegation was led by General Javier
Carri6n McDonough, Commander in Chief of the Army of Nicaragua, and
included Colonel Ricardo Wheelock Roman, Chief of the Center for Military
History; Major Walner Molina Pérez, Deputy Chief Legal Counsel; and Dr.
Cecile Saborio Coze, Secretary General of the Ministry of Foreign Relations. The
Costa Rican delegation was led by Minister of Public Security Rogelio Ramos
Martinez, and included Colonel Walter Navarro Romero, Director General of the
Public Force; and Colonel Carlos Alvarado Valverde, International Legal Advisor
to the Ministry of Public Security and the Minîstry of Foreign Relations. 1 was
not present at that meeting, but I understand that the Costa Rican representatives
again sought permission from Nicaragua to navigate the San Juan River for the
sole and explicit purpose of supplying their border posts kept to the south of the
right bank of the San Juan River, these posts being those at Boca San Carlos,
Boca de Sarapiquf and Delta, but that the meeting did not result in any changes to
the situation on the San Juan River, and that, following the meeting the
prohibition on navigation by the Guardia Civil was maintained by Nicaragua and
respected by Costa Rica.
SIXTH: The prohibition on official Costa Rican navigation of the San Juan River
did not extend to private Costa Rican navigation, which continued freely during
my tenure as Chief. The most frequent use of the river was by Costa Rica tourist
boat operators. They navigated only on short stretches of the river. Principally,
they navigated on the San Juan River only between Boca de Sarapiqui and Delta,
a distance of 24 km, on the route between Puerto Vîejo de Sarapiqui and Barra
del Colorado; or, less frequently, in the area between Boca San Carlos and El
Castillo (the latter lying on the part of the river where both banks belong to
Nicaragua). In all cases, for the persona! safety and territorial security reasons,
the tourist boats were required to register at Nicaraguan border posts, both when
they entered and left Nicaragua. Upon entering, the vessel was inspected to
determine its safety, and the boat operator's license was reviewed to assure its
validity. The boat operator was required to pay US$ 5 for this service and was
issued a departure clearance certificate which permitted the vessel to navigate on
the river; Costa Rica also required vessels navigating in its waters to obtain a
departure clearance certificate as a condition of being authorized to navigate.
Tourists, but not crew members, were required to purchase a Nicaraguan tourist
card for US$ 5, and to pay $4 for immigration services covering their entry and
exit of national territory. Tourists were required to have valid passports, and
depending on their country of origin, a valid visa. These are the same
493requirements applicable to tourists who enter the country through any
international immigration post.
SEVE~~TH .····re·s a verf insignifa imcoannt-.river.raffic.dedicatçdto_:..···
transport of goods between communities near the river. Except for San Juan del
Norte with a population of sorne 200 people, there are no communities on the left
side of the river, because the entire area is part of the Indio Maiz Grand Reserve
and the San Juan River Wildlife Refuge, where human habitation is prohibited,
and entry into the area is closely controlled and monitored. I recall that there was
sorne small amount of trade between San Juan del Norte and Barra del Colorado,
mainly in the transport and sale of shellfish. There was also a small amount of
local trade between Puerto Viejo de Sarapiqui and a few of the communities on
Costa Rican territory. . This trade, or what there was of it, proceeded without
interference. Boatmen were required to undergo safety inspections and to obtain
departure clearance certificates, and sometimes their cargo was inspected to
assure that they were not carrying protected plant or animal species illegally
extracted from the reserves.There was a serious problem during this period in
the illegal cutting of trees and stealing of logs from the reserves by Costa Rican
residents, as weil as the hunting or capturing of animais from the reserve. lt was
also illegal to fish in the river, since ali the aquatic life was considered in danger
and subject to protection. This was an essential means of preventing,
discouraging, or at least keeping to a minimum, the depredation of flora and
fauna from the Reserves.
EIGHTH: The river was also navigated freely by local Costa Rican
residents. Because the local population was very small, alithe residents and
their boats were or soon became familiar to the Nicaraguan soldiers manning the
posts along the San Juan River. Local residents were given courtesy departure
clearance certificates, for which they were not charged, and they were exempt
from Nicaragua's immigration requirements. They were required only to inform
the nearest Nicaraguan post of their entry to and departure from the river, for
safety and security purposes. They were not required to request authorization to
use the river, nor were they ever stopped from using it. The only limitation on
this use was a prohibition - applicable to all vessels, including Nicaraguan
vessels - from navigation at night.This was an important safety requirement,
since it was very dangerous to navigate the river in the dark. Even Nicaraguan
military vessels did not navigate at night, due to the presence fallen trees
and other objects that were not visible in the dark, the numerous sand bars (also
invisible at night) where the river is low and it was difficult to transit, the
presence of crocodiles and the fact that local boats were not outfitted with lights,
creating a hazard for themselves and for any ether boats they might encounter.
494 As expressed by the person appearing before me, and weil instructed by
me, the notary, about the purpose, value and legal transcendence of this act, of the
general clauses that assure its validity, of the specifications involved, and of the
stipulations, both explicit and implicit, and of the necessity to present the
corresponding testimony for the legal objectives deemed applicable. This writing
was read in its totality to the person appearing before me, who finds itcurate,
and approves, ratifies and signs it with me, the notary public, who gives faith to
aUthe above stated. (f) O. TALAVERA S. (f) MOLINA. Notary.-
This occurred before me from the front of folio number forty-one to the
reverse of folio number forty-three, from my present PROTOCOL NUMBER
TWENTY-ONE, that 1 have in the present year. The testimony by which the
Declaration was made, covered three usable pages of sealed legal paper, which
was signed, sealed, and dated, in the city of Managua, at two thirty in the
aftemoon on the twentieth of May, 2008.
495
volume II